Amending Various Sections Deleting Term "Misdemeanor"

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ORDINANCE NO. _% AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY DELETING THEREFROM THE TERM "MISDEMEANOR" AND BY DELETING THEREFROM ANY PROVI- SION FOR IMPRISONMENT AS PUNISHMENT FOR A VIOLATION THEREOF. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes that the Indiana General Assembly has amended the "home rule" powers of cities to provide that a city may not declare the violation of an ordinance to be a "misdemeanor" nor impose imprisionment as a penalty for the violation of an ordinance. The purpose and intent of this ordinance is to amend various sections of the Municipal Code in con- formance with State law by declaring the violation of an ordinance to be an "offense" and by establishing a monetary fine as the appro- priate penalty for the violation of an ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, as follows: SECTION I. Chapter I, Section 1 -23 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 1 -23. General penalty; continuing violations. Whenever in this Code or in any other ordinance of the City or in any rule or regulation promulgated by any officer or agency there- of, under authority vested in him or it by law or ordinance, any act prohibited or is made or declared to be unlawful or an offense er a misdemeanep or a doing of any act is required, or the failure to do any act is declared to be unlawful or an offense er a misdeffleaner, where no specific penalty is provided therefor, the violation of any such provisions of this Code, ordinance, rule or regulation shall be punished by a fine not exceeding one thousand dollars ($1,000.00). Every day any violation of this Code or any such ordinance, rule or regulation shall continue shall constitute a separate offense. SECTION II. Chapter I, Section 1 -24 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: S hc. 1 -24. Payment of fines in installments by indigent persons. (a) In the case of indegency of the defendant (a person without means to pay the fine), the imposition of any fine in this Code shall be payable by the defendant to the Clerk of the St. Joseph Superior Court in equal monthly installments of five dollars ($5.00) beginning thirty (30) days after the imposition of the fine until the fine is satisfied in full. (b) Upon default by the defendant of any such monthly install- ments, the entire balance of the fine shall immediately be due and payable by the defendant. * Words deleted - - -- Words added underlined