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Amend Chapter 13, by inclusion of Article 1, Entitled Gang Loitering regulations and Deleting Sections 13-55 and 13-56
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Amend Chapter 13, by inclusion of Article 1, Entitled Gang Loitering regulations and Deleting Sections 13-55 and 13-56
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Last modified
5/27/2009 10:19:16 AM
Creation date
8/27/2008 5:13:33 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/26/2002
Ord-Res Number
9347-02
Bill Number
42-02
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2002 South Bend Gang Loitering Ordinance--Substitute Bill No. 42-OZ <br />Page 6 <br />need not be limited to members of the South Bend Police Department with special training or <br />experience related to criminal street gangs, other personnel of that department with particular <br />knowledge of gang activities in the proposed designated area; other law enforcement personnel <br />with particular knowledge of gang activities in the proposed designated area(s); elected and <br />appointed officials of the area; community-based organizations; residents of the area; and the <br />Chairperson of the Common Council's Health and Public Safety Committee. The Chief of Police <br />shall develop and implement procedures for the periodic review and update of designations made <br />under this paragraph. <br />b. The Chief of Police shall by written directive designate areas of the City of South Bend <br />in which enforcement of Section 13-4 is necessary because the areas are frequently associated with <br />narcotics-related loitering. Prior to making a determination under this Section, the Chief of Police <br />shall consult as he or she deems appropriate with persons who are knowledgeable about the effects <br />of narcotics-related activity in areas in which the ordinance may be enforced. Such persons may <br />include, but need not be limited to, members of the South Bend Police Department with special <br />training or experience related to narcotics-related activity; other personnel of that department with <br />particular knowledge of narcotics-related activities; other law enforcement personnel with particular <br />knowledge of narcotics-related activities in the proposed designated area(s); elected and appointed <br />officials of the area; community-based organizations; and the Chairperson of the Common <br />Council's Health and Public Safety Committee. The Chief of Police shall develop and implement <br />procedures for the periodic review and update of designations made under this paragraph. <br />c. The Chief of Police shall by written directive promulgate procedures to prevent the <br />enforcement of this Article against persons who are engaged in collective advocacy activities that <br />are protected by the Constitution of the United States or the State of Indiana. <br />Sec. 13-6. Violations and Penalties. <br />a. Gang Loitering Penalties: Any person who fails to obey promptly an order issued under <br />Section 13-3 Gang Loitering Prohibited, or engages in further gang loitering within a sight or <br />hearing of the place at which such an order was issued during the three-hour period following the <br />time the order was issued, shall be issued a citation subjecting said person to a fine of not less than <br />one hundred dollars ($ 100.00) for the first offense. A first time violator of Section 13-3 shall <br />make payment through the Ordinance Violations Bureau. Failure to make payment within thirty <br />
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