9692-06 Amend Chapter 18 - Prohibit Solicitation in the Streets

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ORDINANCE NO. ~ b ~ ~ - ~ y° AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT SOLICITATION IN THE STREETS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 18 of the South Bend Municipal Code, to prohibit persons from stepping or reaching into public streets or rights of way for distribution of goods or materials or the soliciting of sales or charitable donations. The Common Council of the City of South Bend determines that the current Obstructing Free Passage of Streets ordinance provides protection to citizens from obstructions in the street which could result in injury or harm to citizens traveling on the streets of South Bend. However, additional measures should be taken to enhance the safety of the traveling public. The Common Council of the City of South Bend further finds that persons who step or reach into public streets to distribute information or items or to solicit sales or donations of money, credit, properly or other things of value increase the risk of traffic accidents and cause citizens to fear for their safety. Many citizens as well as officials of the South Bend Police Department and other City departments have expressed concern for the safety of persons stepping into the streets and for the traveling public as a result of this practice. The Common Council further finds that safe and reasonable means exist for persons, businesses and organizations to distribute information and items and to solicit sales and donations without impeding passage of the traveling public along the streets or rights of way. Such means include provisions for obtaining charitable solicitation and transient merchant licenses or other licenses from the City of South Bend. Such safe and reasonable means are available to all persons, businesses and organizations seeking to solicit sales and donations. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 18, Article 2, Section 18-20 of the South Bend Municipal Code, shall be, and hereby is, amended to read as follows: Sec. 18-20. Obstructing free passage of streets; exception. (a) No person by any means or in any manner shall collect together vehicles or any substance or materials so as to obstruct the free passage or use of any street.