9503-04 Amend Chapter 13, Article 4 - Addressing Violations and Penalities for Loud and Raucous Noise

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Substitute Bill No. 24-04 Ordinance No. ~ S 03 '~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57.05 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VIOLATIONS AND PENALITIES FOR LOUD AND RAUCOUS NOISE STATEMENT OF PURPOSE AND INTENT The last time the South Bend Common Council reviewed the penalties and violations for loud and raucous noises was in 1992. Since that time loud and raucous noises have continued to be a disturbance to the comfort, peace, health and safety of the citizens and business owners of South Bend. The current fines for violations have done little to lessen noise in our city. Data shows that citations for noise offenses between 2002 and 2003 increased by 276%. 219 noise citations were issued in 2002 and 605 citations were issued in 2003. This ordinance is proposed to increase the fine amounts for noise and raucous noise violations and to eliminate "calendar year" from the violation provisions. The proposed amendments are believed to be in the best interests of citizens and the City of South Bend, Indiana. Section I. Chapter 13, Article 4, Section 13-57.05 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 13-57.05 Violations; Penalties; and Deposits of Fine Monies. (a) Any person violating any provisions of section 13-57 addressing loud and raucous noise regulations shall be subject to the following fines: (1) ~~~•~ a^"~r° ~~A} One hundred dollars ($100.00) for a first offense; (2) Two hundred fifty dollars ($250.00) for a second ; (3) Five hundred dollars for a third offense and every subsequent °~~ r~° ~-~~*'~~^ *'~° ° ° ^^'°^a^-- •~°^r °~ (b) Any person issued a citation for violating any provision of Section 13-57 shall make payment through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of a citation for violation any provision of section 13-57 shall result in the assessment of a late fee of fifty dollars ($50.00).