Amend Chapter 13, by inclusion of Article 1, Entitled Gang Loitering regulations and Deleting Sections 13-55 and 13-56

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i 2002 South Bend Gang Loitering Ordinance--Substitute Bill No. 42-02 Page 7 (30) days of the issuance of a citation shall result in the assessment of a late fee of fifty dollars ($50.00). A person committing a second offense which occurs within the same calendaz year shall subject the person to a fine of not less than two hundred fifty dollars ($ 250.00). All subsequent offenses occurring in that same calendaz year shall be subject to a fine of not less than five hundred dollars ($500.00) for each offense. In addition to or instead of the above penalties, any person who violates Section 13-3 may be required to perform community service of not less than eighty (80) hours as ordered by a Court of competent jurisdiction. b. Narcotics-Related Loitering Penalties: Any person who fails to obey promptly an order issued under Section 13-4 Narcotics-Related Loitering Prohibited, or who engages in further narcotics-related loitering within a sight or hearing of the place at which such an order was issued during the three-hour period following the time the order was issued, is subject to a fine of not less than one hundred dollars ($ 100.00) for the first offense. A first time violator of Section 13-4 shall make payment through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of a citation shall result in the assessment of a late fee of fifty dollars ($50.00). A person committing a second offense which occurs within the same calendar year shall subject the person to a fine of not less than two hundred fifty dollars ($ 250.00). All subsequent offenses occurring in that same calendar yeaz shall be subject to a fine of not less than five hundred dollars ($500.00) for each offense. In addition to or instead of the above penalties, any person who violates Section 13-4 may be required to perform community service of not less than eighty (80) hours as ordered by a Court of competent jurisdiction. c. Injunctive Relief. Any person who has received two (2) or more citations under this Article shall be deemed to have caused a public nuisance. The City may file suit against that person in Circuit or Superior Count to enjoin the nuisance activity. Sec. 13-7. Loitering Which Obstructs Public Ways Prohibited-Penalties. a. Prohibited Activity: No person shall loiter or remain in a public place for the purpose of obstructing vehiculaz or pedestrian traffic which results in impeding the use of such public way. b. Any person who fails to promptly obey an order by a police officer to disperse shall be subject to a fine of not less than fifty dollars ($ 50.00) for the first offense. A second or subsequent offense which occurs within the same calendar year shall be subject to a fine of not less