Amending Chapter 13 entitled Defacement of Damage to property

Home Browse Search

• OUTH 8 „, City of South Bend o `�'`'�''I'/li; ,o��i F :;� '% z Common Council ice , %'d v> � } ,��:}�� County-City Building • South Bend, Indiana 46601 lk■\, 1865'`_ October 8, 1991 (219) 284-9321 Fax (219) 284-9173 Members of the Common Council Donald Niezgodski 4th Floor County-City Building President South Bend, Indiana 46601 Ann Puzzello Re: Substitute Bill No. 46-89 addressing Vice-President Defacement or Damage To Property Loretta Duda Dear Council Members: Chairman. Committee of the Whole You will recall that in June of 1989, I introduced a Bill which attempted to create an innovated system to stop useless and senseless acts of "graffiti" which has become so prevalent throughout our community. Stephen Luecke First District Since then the Council has had the opportunity to watch Donald Niezgodski a video presentation on how other communities are Second District attempting to address this problem. Additionally, I have reviewed ordinances from other communities which William Soderberg have attempted to legislate in this area. Third District I am attaching, for your review, Substitute Bill No. Ann Puzzello 46-89. Currently, under state law, the County Fourth District Prosecutor has no authority to prosecute such a violation if he cannot prove that the person Linas Slavinskas recklessly, knowingly or intentionally damaged or Fifth District defaced the property of another. Thomas Zakrzewski Sixth District I am, therefore, recommending that any type of marking, damaging, defacing, or otherwise impairing the Sean Coleman appearance or use of property without the authority or At Large permission of the property's owner which results in a pecuniary loss, be subject to a civil ordinance Loretta Duda violation citation being issued to the person causing At Large the damage or defacement. Eugene At Large Ladewski I am recommending that all first offenders be issued a citation of fifty dollars ($50.00) which would in turn be payable through the Ordinance Violation Bureau. I am also recommending that the violator have a choice of either restoring the damaged property to its original Kathleen Cekanski-Farrandcondition prior to the damage being inflicted at his or Council Attorney her cost, or be required to pay the city for the cost of such restoration.