HomeMy WebLinkAboutSubsitutue 58-16 Parking Fine Changes1200 COUNTY -CrIY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTI -I BEND, INDIANA 46601 -1830
CRISTAL C. BRISCO
CORPORATION COUNSEL
CITY OF SOUTH BEND PETE BUTTTGIEG, MAYOR
DEPARTMENT OF LAW
September 22, 2016
Mr. Tim Scott
President
South Bend Common Council
Fourth Floor, County City Building
South Bend, IN 46601
PHONE 574/235 -9241
FAX 574/235 -7670
TTY 574/235 -5567
ALADEAN M. DEROSE
CITY ATTORNEY
Filed in Clerk's Office
SEP 2 2 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
Re: Bill No. 58- 16— Substitute Ordinance To Clarify and Re- Position Amnesty Provision
Dear Council President Scott:
Attached for filing with the Council is a substitute version of Ordinance 58 -16 which increases overtime parking fines
and which also grants the City Clerk discretion to forgive late fees and other penalties. The change between this substitute
ordinance and the ordinance originally filed is in its clarification that any ticket issued under City Code Chapter 20, Article 1 is
subject to amnesty but that amnesty does not apply to tickets referred or transferred to the City Department of Law for collection
or other action. This ordinance also creates a new Municipal Code Section, i.e., Chapter 20, Article 1, Section 23.1, for the
amnesty provision.
As indicated originally, Aaron Perri will present this ordinance to the Council.
Thank you for your assistance.
Sincerely,
r
Aladean DeRose, City Attorney
c: James Mueller, Mayoral Chief of Staff
Corporation Counsel Cristal Brisco
Council Attorney Kathleen Cekanski Farrand
Aaron Perri
ELLIOT A. ANDERSON BENJAMIN J. DOUGHERTY ANDREA HUNTINGTON
ASHLEY MILLS COLBORN MICHAEL J. SCHMIDT STEPHANIE STEELE
Pete Buttigieg, Mayor
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September 6, 2016
Mr. Tim Scott, President
South Bend Common Council
4th Floor County -City Building
South Bend IN 46601
RE: Parking Fine Changes
Dear President Scott,
Executive Director
Aaron Perri
Filed in Clerk's Office
SEP � 0 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH SEND, IN
Attached for the Common Council's consideration is a proposed ordinance which approves and
adopts a recommendation to increase the fine assessed for violation of City parking restrictions
and to increase the penalty for late payment of any such fine, in order to secure greater
compliance with parking restrictions in effect within the City of South Bend, and in order to
secure prompt payment of any penalty assessed for violations of such restrictions.
This action follows a series of recommendations delivered to the City of South Bend following
the completion of a downtown parking study in February 2016. Several other recommendations
are being implemented as a result of this study which was commissioned jointly by the
Department of Community Investment and the Redevelopment Commission in the summer of
2015. The study and recommendations, conducted by Rich & Associates, Inc. involved heavy
stakeholder engagement throughout and the conclusions are available on the city's website.
This ordinance amends Chapter 20, Article 1, Section 20 -18 by increasing violations and penalties
by $10. It also includes a once per calendar year warning ticket for first time violations.
Thank you for your consideration. Aaron Perri will attend the Committee and Council meeting to
address any questions.
Cordially,
Aaron Perri
ACC RPDIND'>' �1
321 East Walter Street • South Bend, Indiana 46614 • 574- 299 -4765
Parks Administration Fax 299 -4783 • Recreation Fax 299 -4784
Substitute Bill No. 58 -16
Ordinance No. -16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -18 AND CHAPTER
2, ARTICLE 19, SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE TO
INCREASE PARKING FINES, AND TO ADD A NEW SECTION 20 -23.1 TO PROVIDE
FOR DISCRETIONARY AMNESTY BY CITY CLERK
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, has determined it is necessary
to increase the fine assessed for violation of City parking restrictions and to increase the penalty
for late payment of any such fine in order to secure greater compliance with parking restrictions
in effect within the City of South Bend and in order to secure prompt payment of any penalty
assessed for violations of such restrictions. This ordinance also provides that one day each year,
if and as designated by the City Clerk, tickets for violations of the City's Motor Vehicle and
Traffic Code (Chapter 20, Article 1 of the South Bend Municipal Code) can be paid without late
fee or other penalty charges unless the ticket has been transferred to the City's Department of
Law for collection or other action.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. Chapter 20, Article 1, Section 20 -18 of the South Bend Municipal Code shall be
amended to read as follows:
Sec. 20 -18. Answering notice on overtime parking; payment of fine.
(a) The owner or operator who has been notified of a violation of the parking
regulations as herein provided, may, within fourteen (14) days after being
notified, answer at the office of the Ordinance Violation Bureau to the charge
of such violation as set forth in such notice and pay a prescribed fee of tm
dollars ($1040) twenty dollars ($20.00) in settlement of the offense or charge,
or twenty a^"^rs ($20.00) thirty dollars ($30.00) after the expiration of
fourteen (14) days. An acceptance of the payment of the fee and the authority
by the Clerk shall be deemed complete satisfaction for the violation and the
violator shall be given a receipt which so states. Notwithstanding the
foregoing provisions, no fee under this section will be imposed for the first
instance in any calendar year in which a vehicle is found to be in violation of
Chapter 20, Article 6, Section 20 -77 of this Code.
Section II. Chapter 20, Article 1 of the South Bend Municipal Code shall be amended to
add a new Section 20 -23.1 to read in its entirety as follows:
Sec. 20 -23.1. City Clerk discretion to grant amnesty from fines and penalties; exception.
The City Clerk in the Clerk's discretion may by the last day of January each year
designate a day within that calendar year during which persons with unpaid
tickets may pay by the close of that business day any ticket issued under this
Article (the Motor Vehicle and Traffic Code of the City) without accrued late fee
or other penalty charges. This power to forgive fines and penalties shall exclude
any ticket which has been referred to the City Law Department for collection or
other action regardless of whether a complaint has been filed.
Section III. The schedule of ordinance and code violations set forth in Chapter 2, Article 19,
Section 2 -213 is amended as follows to reflect the above amendments to Chapter 20, Article 1,
Section 20 -18:
Municipal Code Section
Type of Violation
Penalty
20 -18
Overtime parking
5-.0045-.-W o 20.00/30.00
Section IV. After its passage by the Common Council and approval by the Mayor, this
Ordinance shall be in full force and effect beginning on January 1, 2017.
Member of the Common Council
ATTEST:
Kareemah Fowler, City Clerk
Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2016, at o'clock _ .m.
Approved and signed by me on the day of
o 'clock . M.
Pete Buttigieg
Mayor of the City of South
2
2016, at
Filed in Clerk's Office
nd,
SEP 2 2 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
Bill No.
Ordinance No. -16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -18 AND CHAPTER 2,
ARTICLE 19, SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE TO
INCREASE PARKING FINES
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, has determined it is necessary
to increase the fine assessed for violation of City parking restrictions and to increase the penalty
for late payment of any such fine in order to secure greater compliance with parking restrictions
in effect within the City of South Bend and in order to secure prompt payment of any penalty
assessed for violations of such restrictions.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. Chapter 20, Article 1, Section 20 -18 of the South Bend Municipal Code is amended to
read as follows:
The owner or operator who has been notified of a violation of the parking
regulations as herein provided, may, within fourteen (14) days after being
notified, answer at the office of the Ordinance Violation Bureau to the charge of
such violation as set forth in such notice and pay a prescribed fee of ten dollar-
($10.00) twenty dollars ($20.00) in settlement of the offense or charge, or qty
dollars ($20 nm thirty dollars ($30.00) after the expiration of fourteen (14) days.
An acceptance of the payment of the fee and the authority by the Clerk shall be
deemed complete satisfaction for the violation and the violator shall be given a
receipt which so states. Notwithstanding the foregoing_ provisions, no fee under
this section will be imposed for the first instance in any calendar year in which a
vehicle is found to be in violation of Chapter 20, Article 6, Section 20 -77 of this
Code.
Section II. The schedule of ordinance and code violations set forth in Chapter 2, Article 19,
Section 2 -213 is amended as follows to reflect the above amendments to Chapter 20, Article 1,
Section 20 -18:
Municipal Code Section
Type of Violation
Penalty
20 -18
Overtime parking
5-.0945-.80 20.00/30.00
Section III. After its passage by the Common Council and approval by the Mayor, this
Ordinance shall be in full force and effect beginning on January 1, 2017.
Member of the Common Council
ATTEST:
Kareemah Fowler, City Clerk
Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
. day of , 2016, at o'clock —.m.
Approved and signed by me on the day of , 2016, at
o 'clock . m.
1300.000000158128802.003
Pete Buttigieg
Mayor of the City of South Bend, Indiana
N
Filed in Clerk's Office
SEP � 0 2016
KAREEMAH FOWLER
CITY CLERK. '..ZOUTH REND, IN