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04-11-16
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04-11-16
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REGULAR MEETING <br />APRIL 11, 2015 <br />encourage busking activities within the downtown South Bend area. This ordinance would <br />amend the current busker ordinance on file that was passed back in December of 2013 which has <br />been challenged by the ACLU on behalf of a busker in South Bend. By later Council action the <br />ordinance was suspended in terms of enforcement and the challenge was to find out how buskers <br />were faring in South Bend and whether to continue with the current ordinance. As a result the <br />administration interviewed members of the business community and downtown South Bend <br />parties and the overwhelming response was that busking is a good thing for the city. Therefore <br />the City wants to continue the process but do so in a constitutional manor. Therfore the changes <br />proposed include the recodification of the ordinance, eliminating the fee requirement and the <br />licensing process and moving the ordinance to the regulatory section of the South Bend <br />Municipal Code. Also it has been amended to change the distance requirements and has them as <br />recommendations not mandates. The fine has been reduced from $250 to $200 for the second <br />offense. A busker has a duty to provide self - identification information if requested by an officer <br />who suspects the busker has not complied with the ordinance. There is also an exemption in the <br />solicitation ordinance to permit buskers to solicit fees if they do so in a non - aggressive manor. <br />With these changes, the Administration believes all parties will be satisfied with this ordinance. <br />Council Vice President Oliver Davis asked if the person in the lawsuit is aware and approves of <br />the changes. <br />Council. Attorney DeRose responded yes. <br />No one from the public spoke in favor or opposition to the bill. <br />Councilmember John Voorde made a motion to send Bill 19 -16 to the full Council with a <br />favorable recommendation. Councilmember Karen White seconded the motion which carried by <br />a voice vote of eight (8) ayes. <br />05 -16 PUBLIC HEARING ON AN ORDINANCE OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPROVING FEES FOR NUISANCE <br />ABATEMENT SUCH AS TRASH, DEBRIS AND <br />HAZARDOUS MATERIAL REMOVAL, AND FOR <br />REMOVAL OF WEEDS AND RANK VEGETATION <br />PURSUANT TO THE INDIANA UNSAFE BUILDING <br />LAW <br />Councilmember Karen White made a motion to strike Bill 05 -16 at the request of the petitioner. <br />Councilmember Tim Scott seconded the motion which carried by a voice vote of eight (8) ayes. <br />06 -16 PUBLIC HEARING ON AN ORDINANCE OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPROVING FEES FOR SECURING AND <br />DEMOLISHING STRUCTURES PURSUANT TO THE <br />INDIANA UNSAFE BUILDING LAW <br />Councilmember Tim Scott made a motion to strike Bill 06 -16 at the request of the petitioner. <br />Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) <br />ayes. <br />15 -16 PUBLIC HEARING ON AN ORDINANCE OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPROPRIATING ADDITIONAL FUNDS <br />FOR CERTAIN DEPARTMENTAL AND ENTERPRISE <br />OPERATIONS IN 2016 OF ($926,497) FROM <br />CONSOLIDATED BUILDING FUND (#600),$480,000 <br />FROM EMS CAPITAL FUND (#287),$25,000 FROM <br />5 <br />
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