Substitute 55-18 Amendment adding Article 14 to Chapter 14 to address Special Events in the Public Right of Way

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Special Event and Parade Regulations Ordinance Page 121 Sec. 15-188 through Sec. 15-192 Reserved for Future Use. Division V. Enforcement and Penalties. Sec. 15-193 Violations; remedies. (a) A violation of any provision of this Article shall be punishable as provided in South Bend Municipal Code Section 1-23. (b) Additionally,whenever an event is conducted without a obtaining a permit required by this Article, the event organizer shall be responsible for,and the City shall charge the event organizer for, all City costs incurred as a result of the adverse impacts of the event on City services,and any damages to public property which may have been caused from such event being unlawfully held. (c) Any person engaged in the selling or distributing of illegal, non-licensed, or unauthorized merchandise,regardless of whether said person has received a permit under this Article, shall be subject to the immediate impoundment of said merchandise.Any Indiana Law Enforcement Academy certified officer employed by the event sponsor for copyright and merchandising purposes shall be authorized to inspect the merchandise of licensed entities related to copyright infringement and trademark violation. Sec. 15-194 Police Department; other powers. Nothing in this Article shall act to limit or otherwise prohibit the Police Department from exercising its authority as provided in this South Bend Municipal Code or the Indiana Code. Section II. If any part, subsection, section, paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance hereby repeals as unnecessary Chapter 14, Article 11, Sections 14-93 through 14-95 inclusive of the South Bend Municipal Code, the relevant content of which has been incorporated into this new Chapter 15. Former Article 11 of this Chapter and its Sections are reserved for future use. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council,approval by the Mayor,and legal publication with an effective date of January 1,2019. Member of the Common Council Attest: