10168-12 Amend Code Ch 13, Article 5, Section 13-75.5 Disorderly Houses

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Substitute Bill No. 28 -12 Ordinance No. A 0 ( for - (Z- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13 -75.5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB - PARAGRAPHS 1, m, and n TO PARAGRAPH (a)(5) OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT On October 25, 1993, the South Bend Common Council passed Ordinance No. 8427 -93 which created the "Disorderly House Ordinance ". That ordinance was the result of South Bend residents voicing their concerns and outrage at the presence of buildings in their neighborhoods where such conduct fell "well below accepted community standards ". In an effort to deter such activities upon such premises, the City would provide notice and opportunity to abate the prohibited activity. Persons holding legal or equitable title in the real estate and its occupants are held responsible for the conduct occurring upon the premises, and would be held jointly and severally liable for any fines. The original Disorderly House Ordinance was subsequently amended by Ordinance No. 9240 -01 passed on August 13, 2001 and Ordinance No. 9602 -05 passed by the Common Council on July 25, 2005. These ordinances strengthened the regulations and added additional activities which would generate legal action under the ordinance. The proposed ordinance is aimed at further addressing activities which have negative and deleterious effects on neighborhoods. This ordinance would add violations of the Indiana state laws addressing activities related to prostitution, racketeering activity and criminal gang activity. These regulations are believed to be in the best interest of the City of South Bend. Section I. Chapter 13, Article 5, Section 13 -75.5 (a) (5) of the South Bend Municipal Code is amended by the addition of new sub - paragraphs 1., m., and n. which shall read as follows: ARTICLE 5. OFFENSES RELATING TO PROPERTY See. 13 -75.5 Disorderly Houses Prohibited. 1. Violations of any of the following Indiana statutes aovernin : 1. Prostitution in violation of Indiana Code § 35- 45 -4 -2; 2. Patronizing a prostitute in violation of Indiana Code § 35- 45 -4 -3; or 3. Promoting prostitution in violation of Indiana Code § 35- 45 -4 -4. m. Violations of any of the Racketeering activity in violation of Indiana Code § 35- 45 -6 -1.