8427-93 Amending Article 5 of Chapter 13 Prohibits the Presence of Disorderly Houses

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• • ORDINANCE NO. ?,,l-C 3 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 5 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING AN ORDINANCE WHICH PROHIBITS THE PRESENCE OF DISORDERLY HOUSES IN THE CITY OF SOUTH BEND. Statement of Purpose and Intent Residents in various neighborhoods throughout the City of South Bend have voiced their concern and outrage at the presence of individual structures interspersed throughout the neighborhoods where conduct falling well below accepted community standards repeatedly occurs upon the premises . Examples of such conduct which occurs at these structures includes, but is not limited to, loud and raucous noise, gambling, battery, discharge of firearms, and disorderly conduct . Thus, in an effort to deter the aforementioned conduct, this ordinance specifically defines what conduct is prohibited upon the premises and provides that if such prohibited conduct occurs upon the premises after the City has provided notice and opportunity to abate the prohibited conduct, the structure is deemed to be a "disorderly house" and as such constitutes a public nuisance. Persons holding legal or equitable title in the real estate and the occupants of the premises are responsible for the conduct occurring upon the premises and thus are jointly and severally liable for any fines imposed pursuant to this ordinance. For too long, the existence of these disorderly houses have sapped the valuable time and scarce resources of the South Bend Police Department . Further, in many instances, this prohibited conduct is so persistent and offensive that it substantially interferes with the surrounding residents' comfortable enjoyment of life or property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA, as follows : Section I . Article 5 of Chapter 13 of the South Bend Municipal Code shall be, and hereby is amended to add a new Section, Section 13-75 .5, which Section shall read in its entirety as follows : Sec . 13-75 .5 . Disorderly Houses; Prohibited. (A) Definitions . (1) For purposes of this section, "disorderly house" means a building, dwelling, establishment, premises or place where prohibited conduct occurs . If the building, dwelling, establishment, premises or place is a multiple-unit dwelling or residence, hotel or motel, or commercial or office building, this definition only includes the dwelling unit, room or suite of rooms in the hotel or motel, office rooms or suite, or store in which prohibited conduct occurs . (2) For purposes of this section, "occupant" means any person over sixteen (16) years of age whose domicile is the property upon which the prohibited conduct has been found to have occurred.