04-27-09 Common Council Meeting Agenda & Packet

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South Bend Police Deparhnent Usex Fee Ordinance Page 2 measures. Despite these fiscal measures, funds through user fees for special police services are needed in order to maintain the quality and the level of police services expected and needed by the South Bend community. Other communities have implemented a variety of cost recovery measures, many of which include charging for such special public safety services. In light of the cost to the South Bend Police Department to provide such special police services, the Common Council believes that police service fees and charges are necessary in order to assure that the quality of public safety services to the citizens of South Bend are not jeopardized or compromised. Reasonable fees to off-set the fiscal impact of providing special police services for non-municipal functions such as dignitary protection are necessary and fiscally prudent. The Common Council further notes that it has the authority to impose reasonable fees for services under Indiana law. More specifically, Indiana Code § 36-4-6-18 authorizes the legislative body to pass ordinances and to control "...the city's property and fmances, and the appropriation of money". Furthermore, under the State of Indiana's "Home Rule" legislation, units of government have "...all the powers that they need for the effective operation of government as to local affairs", Indiana Code § 36-1-3-3. Furthermore, Indiana Code § 36-8-2-4 authorizes regulations based on public health, safety or welfare considerations. The proposed ordinance is believed to be in the best interests of citizens and the City of South Bend, Indiana; furthers the public health and safety of the entire community; and represents good business and financial management practices. ,~/~, ~,;~, ~ ~to~G~ ~ ~porr~rio.,z ~owrecrl of the City of South Bend, Indiana, as follows: Section I. Chapter 14 of the South Bend Municipal Code is amended by the inclusion of new Article 10 which shall read in its entirety as follows: ARTICLE 10. USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEPARTMENT Division I User Fees for Police Special Services Involving Di~nitarylVlP Protection. Sec. 14-65 User Fees Established for Non-Municipal Dignitary Protection Police Services. (a) The following user fees shall be charged by the South Bend Police Department to the responsible party who invites, sponsors or hosts an event which requires or requests non-municipal dignitary protection special police services. Such non-municipal dignitary protection special police services may include but are not be limited to time actually spent by assigned or ordered sworn members of the South Bend Police Department involved in the pre-planning meetings/conferences (in-person, telephonic, web meetings}; consequence management preparation; crisis management preparation; transportation/traffic details; credentialing; training; interagency communications;