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• <br /> • <br /> Substitute <br /> Bill No. 46-89 <br /> Ordinance No. Y . /e-? / <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br /> BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE, BY <br /> THE ADDITION OF NEW ARTICLE 9 ENTITLED "DEFACEMENT OR DAMAGE <br /> TO PROPERTY. " <br /> STATEMENT OF PURPOSE AND INTENT <br /> The Common Council of the City of South Bend, Indiana, <br /> acknowledges that there is an increased amount of damage <br /> being done to property throughout the City. <br /> Graffiti appears on sidewalks, railroad crossings, <br /> bridges and on many other items of property. <br /> The Common Council acknowledges that the Indiana Code <br /> at Section 35-43-1-2 prohibits a person to "recklessly, <br /> knowingly, or intentionally" damage or deface property of <br /> another without the other person's consent. <br /> The following ordinance would make the act of damaging, <br /> marking or defacing property a violation, and not require a <br /> showing of the persons "state of mind" as required by the <br /> criminal statutes. First time violators would be subject to <br /> a $50.00 ordinance violation citation, plus the cost of <br /> clean-up or restoration. Subsequent violations may result <br /> in fines up to the state law maximum of $2,500.00. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND, INDIANA, as follows: <br /> SECTION I. Chapter 13 of the Municipal Code of the <br /> City of South Bend, Indiana, is amended by the addition of <br /> new Article 9 entitled "Defacement or Damage to Property", <br /> which shall read in its entirety as follows: <br /> Article 9. Defacement or Damage to Property. <br /> Sec. 13-90 Purpose. <br /> The purpose of this Article is to make as a civil <br /> offense the act of marking, damaging, defacing, or otherwise <br /> impairing the appearance or use of property which results in <br /> pecuniary loss, without the authority or permission of the <br /> property's owner. <br /> Sec. 13-91. Damage, Defacing or Injuring Property as <br /> an Offense. <br /> (a) It shall be unlawful for any person to mark, <br /> damage, deface, or otherwise impair the appearance or use of <br /> any property which results in pecuniary loss, without the <br /> authority or permission of the property's owner. <br /> (b) All first-time violators of this Section shall be <br /> issued a citation imposing a fine of fifty dollars ($50.00) , <br /> plus be subject to the restoration provisions of Section 13- <br />