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06-25-12 Council Agenda & Packet
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06-25-12 Council Agenda & Packet
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D -2, <br /> Bill No. <br /> Ordinance No. <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 DISORDERLY <br /> HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB-PARAGRAPHS 1, in, and n TO <br /> PARAGRAPH a 5 OF THE SOUTH BEND MUNICIPAL CODE <br /> STATEMENT OF PURPOSE AND INTENT <br /> On October 25, 1993, the South Bend Common Council passed Ordinance No. 8427-93 <br /> which created the "Disorderly House Ordinance". <br /> That ordinance was the result of South Bend residents voicing their concerns and outrage at <br /> the presence of buildings in their neighborhoods where such conduct fell "well below accepted <br /> community standards". In an effort to deter such activities upon such premises, the City would <br /> provide notice and opportunity to abate the prohibited activity. Persons holding legal or equitable <br /> title in the real estate and its occupants are held responsible for the conduct occurring upon the <br /> premises, and would be held jointly and severally liable for any fines. <br /> The original Disorderly House Ordinance was subsequently amended by Ordinance No. <br /> 9240-01 passed on August 13, 2001 and Ordinance No. 9602-05 passed by the Common Council on <br /> July 25, 2005. These ordinances strengthened the regulations and added additional activities which <br /> would generate legal action under the ordinance. <br /> The proposed ordinance is aimed at further addressing activities which have negative and <br /> deleterious effects on neighborhoods. This ordinance would add violations of the Indiana state laws <br /> addressing activities related to prostitution, racketeering activity and criminal gang activity. These <br /> regulations are believed to be in the best interest of the City of South Bend. <br /> Section 1. Chapter 13, Article 5, Section 13-75.5 (a) (5) of the South Bend Municipal Code is <br /> amended by the addition of new sub-paragraphs 1., m., and n. which shall read as follows: <br /> ARTICLE 5. OFFENSES RELATING TO PROPERTY <br /> Sec. I3-75.5 Disorderly Houses Prohibited. <br /> 1. Violations of any of the following Indiana„statutes governing: <br /> 1. Prostitution in violation of Indiana Cade § 35-45-4-2; <br /> 2. Patronizing a prostitute in violation of Indiana Code § 35-45-4-3; or <br /> 3. Promotingprostitution in violation of Indiana Code § 35-45-4-4. <br /> - ,r', g activity in violation of Indiana Code_S 35-45-6-1. <br /> m. Violations o__any of the Racketed,,in,_ <br />
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