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Substitute Bill No. 32 -13 <br />ORDINANCE NO. 0 z�6- ( 3 <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, <br />ARTICLE 19, SECTION, 2 -213; CHAPTER 19, ARTICLE 3, SECTION 19- 63(c)(2); <br />AND CHAPTER 20, ARTICLE 9, SECTIONS 20 -112 AND 20 -113.4 ADDRESSING <br />PENALTIES FOR HANDICAPPED PARKING VIOLATIONS <br />STATEMENT OF PURPOSE AND INTENT <br />Pursuant to Indiana Code § 5- 16 -9 -9, the City of South Bend regulates and enforces <br />under Chapter 20, Article 9 of the South Bend Municipal Code, the street, lot, garage and other <br />parking of motor vehicles in a space reserved for persons with a physical disability. <br />During the 2013 term of the Indiana General Assembly, Senate Enrolled Act (SEA) 387 <br />was passed, effective July 1, 2013, which increases the penalty from Fifty Dollars ($50.00) to <br />One Hundred Dollars ($100.00) for parking in space reserved for a person with a disability. <br />Because IC 5- 16- 9 -9(b) provides that a municipal ordinance which regulates parking of motor <br />vehicles in a space reserved for a person with a physical disability "may not conflict with this <br />chapter," South Bend must amend its Municipal Code at Chapter 20, Article 9, and also Chapter <br />19, Article 3 regulating parking in municipal parks, to provide a penalty consistent with that of <br />IC 5- 16 -9 -5 and IC 5- 16 -9 -8 which were amended under SEA 387. Also requiring amendment <br />to reflect the new penalty is Chapter 2, Article 19, Section 2 -213, which is a schedule of all <br />penalties imposed by various sections of the South Bend Municipal Code. <br />This ordinance authorizes the amendment of affected sections of the South Bend <br />Municipal Code to increase the penalty in the City of South Bend from $50.00 to $100.00 for <br />parking . violations related to spaces reserved for a person with a physical disability. It also <br />deletes the term "handicapped" to be consistent with the language of the Indiana enabling statute, <br />I.C. 5 -16 -9 et seq. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA as follows: <br />Section I. Section 20 -112 of Chapter 20, Article 9 of the South Bend Municipal Code <br />shall be and hereby is amended to read in its entirety as follows: <br />Section 20 -112.- Penalties. <br />Any motor vehicle found parking in areas designated for the exclusive use of <br />