Amending Chapter 13 increase fine for individuals who violate section 13-57 on more than one occasion

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• • ORDINANCE NO. g3028)-- 9q AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57.05 OF THE MUNICIPAL CODE TO INCREASE THE FINE FOR INDIVIDUALS WHO VIOLATE SECTION 13-57 OF THE MUNICIPAL CODE ON MORE THAN ONE OCCASION DURING A CALENDAR YEAR. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 13 of the Municipal Code to increase the penalty imposed upon individuals who violate Section 13-57 of the Municipal Code, entitled Loud and Raucous Noise, on more than one occasion during a calendar year. Frequent violations of Section 13-57 of the Municipal Code result in great disruptions to the neighborhood as such loud and raucous noise disturbs the comfort, repose, health, peace and safety of others within the city. It has been determined that the present fine amount does not sufficiently deter persons who repeatedly violate Section 13-57 of the Municipal Code. It is appropriate, therefore, that the fine structure be graduated to deter repeated violations of Section 13-57 of the Municipal Code. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana as follows: Section I. Chapter 13, Article 4, Section 13-57.05 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Section 13-57.05 Violations; Penalty fa}-Axy-persex-vieiatixg-any-pfevisiex-ef-Seetiea-13-57-shaii-be fixed-ix-the-ameunt-ef-$507007-gayabie-threugh-the-erdixaxee Vielatiexs-Bureau---Eaeh-respexse-by-any-exfereeMent-effieer-shall eenstitute-a-separate-effense-punishahie-by-a-separate-$50 700 fine.- (a) Any person violating any provision of Section 13-57 shall be subject to the following fines: (1) $50.00 for a first offense; ( 2) $100.00 for a second offense within the same calendar year of the first offense; ( 3) $200.00 for a third offense and every subsequent offense within the same calendar year of the first offense. (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 30 days of the issuance of a citation for violating any provision of Section 13-57 shall result in the assessment of a late fee of $50.00. (c) A citation for a violation of Section 13-57 shall be issued to the responsible party. A responsible party is defined as the person shown to have exclusive possession of the property (a present possessory interest) . If no responsible party is present !,_, _