9946-09 Amend Chapter 20, Inclusion of new article 13 - regulations on the use of handheld mobile telephones

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Telecommunication Devices in School Crossing Zone Ordinance Page 8 (b) This schedule shall establish civil penalties to be assessed a violator who elects to admit to an ordinance or code violation, but shall in no way impair the ability of the City to bring suit to seek the imposition of any fine greater than that provided for by the schedule that is otherwise allowed by the Municipal Code of the City of South Bend and/or any State law. (c) Civil penalties shall be paid to, receipted, and accounted for by the Violations Clerk under procedures provided by the State Board of Accounts. (d) Payment of civil penalties may be made in person or by mail to the Violations Clerk. (e) Upon a person waiving the right to trial and entering an admission of a violation with the Violations Clerk, the Clerk shall assess and receive from the violator the amount prescribed by the schedule set forth in subsection (a) herein. (f) The provisions of IC 33- 36- 2- 1-- 33- 36 -2 -3 and 33- 36- 3- 1-- 33- 36 -3 -7, as they may be amended from time to time, shall govern the operation of the Violations Bureau and collection of all civil penalties. (Ord. No. 7992 -89, § 1; Ord. No. 8080 -90, § 1; Ord. No. 8113 -90, § I; Ord. No. 8151 -90, § 1; Ord. No. 8166- 91, § 1; Ord. No. 8178 -91, § 2; Ord. No. 8198 -91, § 1; Ord. No. 8206 -91, § 2; Ord. No. 8211 -91, § 4; Ord. No. 8218 -91, § 2; Ord. No. 8228 -91, § 2; Ord. No. 8358 -93, § 2; Ord. No. 8386 -93, § 2; Ord. No. 9749 -07, § 2; Ord. No. 9785 -07, § 2) Section III. Chapter 20, Article 6, Section 20 -98 of the South Bend Municipal Code shall be amended to read as follows: Sec. 20 -98 Obedience to School Crossing Guards Required-Penalty. U No operator of a vehicle or any pedestrian shall -A411full disobey the signal or order of a School Crossing Guard with respect to the passage of vehicle or pedestrian in and upon the streets within the City. (b) School Crossing Guards may take the license number of any motorist violating this section and who violates Section 20 -131 which prohibits the operator of a motor vehicle to use a hand -held mobile telephone or telecommunications device while driving in a school crossing zone and report, it to the South Bend Police Department. (c) It shall be a violation of this section for the operator of any motor vehicle to fail to stop when ordered to do so by a School Crossing Guard. (d) Any person violating any provisions of this Section may be issued a citation which is subject to a fine of fifty dollars ($50.00); with all such fines being deposited into the Police Department Training Fund (Fund # 220). Section IV. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance.