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PUBLIC SAFETY REQUIREIvIENTS FOR LARGE EATING/DRINKING ESTABI.ISHMENTSQRDINANCE <br />PAGE 6 <br />(2) Public Nuisance: For the fourth violation and all subsequent violations <br />occurring in the same calendar year, the City Attorney's Office shall bring appropriate civil action <br />against the violator for operating as a public nuisance. For purposes of this section, the term <br />"public nuisance" refers to a pattern of disturbance or alcohol related problems which affect at the <br />same time an entire community or neighborhood, or any considerable number of persons, as <br />substantiated by credible evidence from a reliable source including, but not limited to, public <br />testimony, citizen complaints, police reports, fire department reports, code enforcement reports, <br />and violations of the South Bend Municipal Code or state laws. The term "alcohol related <br />problems" shall include, but not be limited to, unacceptable public behavior, noise, littering, <br />loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, <br />interference with the unimpeded use of streets and/or alleys by the motoring public, defacing or <br />damaging property, interference with a neighborhood's quality of life or image or quiet of <br />enjoyment of property, and other similar problems related to the operation of lazge eating/drinking <br />establishments regulated by this Article. <br />(3) Civil Action: In addition to abating public nuisances, the City Attorney's Office is <br />authorized to bring civil action against any violator of this Article for any and all expenses incurred <br />by the City to address violations of this Article. <br />(b) Each violation of this Article shall constitute a separate offense and be punishable as <br />such. <br />Section II. Severabilitv. If any part, section, paragraph, sentence, clause or phrase of this <br />ordinance is for any reasons declazed to be unconstitutional or otherwise invalid by a court of <br />competent jurisdiction, such decision shall not affect the validity of the remaining portions of this <br />ordinance. <br />Section III. This ordinance shall be in full force and effect from and after its passage by the <br />Common Council, approval by the Mayor, and publication with an effective date of August 1, <br />2003. <br />ember of the ommon Council <br />1st READING 3_L~'~3 <br />PUBLIC HEARING ~-Z,3-03 ~S Su.~S'~~~~~-d <br />3 rd READING (o _ L3 ' 03 QS S tl `~-~J `'~ ~'U ~`~ <br />NOT APPROVED <br />REFERRED <br />PASSED (p -Z3 "fl 3 0.S S t~~a-f~'~ `~-~-G` <br />~iR~d flrt C~~f~v'~ ~~fi~~ <br />,~:,:stl <br />LOa ~TTAJ. 17ItDFa <br />CITY CLERI:~ Ca.1V"fI€3, t <br />