Amending Chapter 13 Loitering for Solicitation Establishing a Penalty

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ORDINANCE NO. 7,4 AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING A NEW SECTION 13 -55.1 DEFINING THE OFFENSE OF LOITERING FOR SOLICITATION AND ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes that in certain public places in the City of South Bend persons are known to loiter for the purpose of soliciting other persons to engage in acts of prostitution or other criminal sexual conduct. The Common Council further recognizes that such conduct adversely affects the public peace, safety, and welfare and contributes to the social and economic decline of residential and commercial districts. It is the purpose of the Common Council in enacting this ordi- nance to promote the public peace, safety, and welfare by defining the offense of loitering for solicitation and establishing a penalty for the violation of this ordinance. In keeping with the purpose of this ordinance, it is the intent of the Common Council to deter such conduct by mandating a specific monetary fine to be imposed for the violation of this ordinance, which shall be increased upon conviction of subsequent violations of these provisions. NOW, THEREFORE, BE IT ORDAINED BY THE COPI'RON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 13, Article 4, of the Municipal Code of the City of South Bend, Indiana shall be amended by adding a new section 13 -55.1, as follows: Sec. 13 -55.1. Loitering for solicitation; enforcement procedure; definitions; penalty. (a) It shall be unlawful for any person to loiter or remain in a public place in a manner and under circumstances manifest- ing the purpose of engaging, or soliciting another person to engage in sexual activity. The circumstances which may be con- sidered in determining whether such purposes are manifested are: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gestures. (1) No arrest shall be made, or no citation shall be issued, for a violation of this section unless the arresting officer, by direct demand, first affords such person an opportunity to explain such conduct. (2) No person shall be convicted of a violation of this section if the arresting officer does not comply with the preceding subsection or if it appears at trial that the explanation offered was true and dis- closed a lawful purpose. (b) Definitions. As used in this section: (1) "Known prostitute or panderer" means a person who, within one (1) year previous to the date of an arrest or issuance of a citation for a violation of this sec- tion, has, to the knowledge of the arresting officer, been convicted of a violation of any ordinance of the City of South Bend or statute of the State of Indiana defining and punishing acts of. prostitution, patroniz- ing a prostitute, or promoting prostitution.