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HomeMy WebLinkAbout9785-07 Amend Chapter 14C ORDINANCE No. 9785-07 Passed by the Common Council of the Ciry of Soutlt Bend, Indiana September 24, 20 07 Attest: Attest: Presented by me to the Mayor of the Ciry of Soutlt Bend, Indiana September 25, 20 07 City Clerk Vice President of Common Council City Clerk Approved and signed by me September 25, 20 07 Mayor Ordinance No. I ~ SS- 0 2"d Substitute Bill No. 44-07, As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" AND AMENDING OTHER SECTIONS OF CHAPTER 14 RELATED THERETO STATEMENT OF PURPOSE AND INTENT The City of South Bend believes that it is necessary to further protect the quality of life in residential neighborhoods by controlling of large parties or gatherings at boarding houses, particularly when there are twenty-five (25) or more individuals who have access to alcoholic beverages of any kind. Regulations to protect the peace, health, safety or general welfare of the general public and the persons attending such gatherings are necessary. Frequently, police officers and emergency medical personnel have been dispatched to such locations which have gotten out of control, with such activities negatively impacting the residential neighborhood. Such calls for service have placed an increasing drain on public safety manpower and resources for the rest of the city. This ordinance calls for pro-active measures which would place an emphasis on planning and management roles of the person(s) who host special events. This ordinance properly balances the responsibilities of person(s) who host such gatherings, with the rights of the surrounding residents and neighborhoods. The City of South Bend also believes that there is a need to formally create a Community/Campus Advisory Coalition (CCAC) which will meet on a regular basis. CCAC will provide a viable mechanism to enhance partnerships and build positive long-term relationships. This Coalition will report its findings and advisory recommendations on a regular basis to the Council's Community Relations Committee and the Council's Residential Neighborhood Committee throughout the year. In light Ordinance No. 9749-07 and Ordinance No. 9759-07 passed earlier this year, parking on the lawn of residential areas is banned. This ordinance would permit temporary 1-day special event lawn parking, which would be available on a city-wide basis. These regulations are based on the city's authority under Indiana Code § 36-8-2-4 to "...regulate conduct, or use or possession of properly, that might endanger the public health, safety or welfare". The regulations are further based on the city's authority to "adopt, codify, and enforce ordinances" authorized by Indiana Code § 36-1-4-11. ~oc~, ~ie~xt~,axe, Ge cto~a+inetC by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 14, entitled SPECIFIC PUBLIC SAFETY REGULATIONS, of the South Bend Municipal Code, is hereby amended by the inclusion of new Article 9, entitled REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS, which shall read in its entirety as follows: 2na Substitute Bill No. 44-07, As Amended: Special Events in Residentially Zoned Area Ordinance Page 2 Article 9. Regulations Addressing Special Events In Residentially Zoned Areas. Sec. 14-50 Intent and Purpose.l (a) The Common Council believes that reasonable regulations are needed to protect the quality of life in residential neighborhoods by controlling of large parties or gatherings held at boarding houses, particularly when there are twenty-five (25) or more individuals who have access to alcoholic beverages of any type. Regulations which protect the peace, health, safety or general welfare of the general public and the persons attending such gatherings are necessary. The Common Council believes that the sponsor(s) of such gatherings should be responsible for managing such special events while reasonably balancing the rights of those hosting such events with the rights of quiet enjoyment of the surrounding neighbors. The regulations are enacted pursuant to the City's police powers given to it by state law to protect the public health, safety and general welfare. (b) The Common Council believes that the sharing and discussion of information and data about off-campus special events on a regular and routine basis with the city residents, city officials, and the college and university communities, will strengthen such partnerships, and will further enhance the health and public safety of all concerned. By such collaboration, and by enacting pro-active measures, there is a greater potential to help reduce the costs of providing police, fire and emergency medical response services to loud and unruly special events. (c) The Common Council further believes that in limited situations, motor vehicle(s) may need to be parked, on a temporary basis on residential lawns. The regulations set forth a procedure permitting such limited temporary parking. Sec. 14-51 Definitions? For purposes of this Article, the following definitions shall apply: Alcoholic beverage: See definition in Indiana Code § 7.1-1-3-5. Approved parking area: Land meeting the requirements of Sections 18-41, 18-42 and 21-11.02 of this Code. Boarding House: A building located in a residentially zoned area of the city where more than two (2) persons, who are not related by blood, legal adoption or marriage, live together. Chronic violation: Violation of this Article more than two (2) times by the same person. 1 The U.S. Department of Justice's Office of Community Oriented Policing Services' Publication No. 39 (February 2006) entitled Student Party Riots notes that useful measures result in "reduced number and severity of offenses committed; reduced number of student/police confrontations; reduced amount of property damage; reduced number and severity of injuries; reduced number of calls to the police concerning student disturbances; improved perceptions of police actions by students and the community; and improved perceptions of university involvement by students and the community". z Many of the definitions set forth in this section and Section 14-41 are identical to or similar to those set forth in Section 21- 11.02 of the Zoning Chapter of the South Bend Municipal Code. 2na Substitute Bill No. 44-07, As Amended: Special Events in Residentially Zoned Area Ordinance Page 3 Community/Campus Advisory Coalition (CCAC): A 21-member advisory task force consisting of representatives from residential neighborhoods, elected and appointed South Bend municipal officials, university/college officials, and university/college student officials who are charged with identifying neighborhood concerns and proposed action plans to address such concerns. Conditional Use Lawn Parking Permit: A document issued by the City giving conditional approval to permit the temporary parking of motor vehicles on lawns in a residentially zoned area. Conditional Use Permit for a Special Event at a Boarding House: A document issued by the City giving conditional approval to a sponsor to host a special event at a boarding house. Driveway: See definition in Sec. 14-41 of this Code. Front Yard: See definition in Sec. 14-41 of this Code. Game Day: A date when the University of Notre Dame hosts a home football game. Grandfathered: The right or sanction exempting a person or entity from certain zoning provisions as determined by the City of South Bend, which permits a use as a legal non-conforming use. Minor: A person less than twenty-one (21) years of age.3 Motor vehicle: See definition in Sec. 14-41 of this Code. Park or Parking: The standing of a motor vehicle, whether occupied or not, upon a right of way, driveway, front yard or side yard. See also Sec. 14-41 of this Code. Residentially zoned area: SF1 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.01; SF2 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.02; MF1 Urban Corridor Multifamily District as further addressed in SBMC § 21-02.03; or MF2 High-Density Multifamily District as further addressed in SBMC § 21-02.04. Right of Way: See definition in Sec. 14-41 of this Code. Side Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line See also Sec. 14-41 of this Code. Special Event: A planned or unplanned gathering of people. Special Event Lawn Parking: Temporary lawn parking for a special event in a residentially zoned area which is only permitted when a Conditional Use Lawn Parking Permit has been issued. Sponsor: The person who hosts, conducts or permits a special event, who shows to have possession of the property (a present possessory interest). If no sponsor is present upon the premises, the sponsor is s Indiana Code § 7.1-1-3-25 defines minor. 2na Substitute Bill No. 44-07, As Amended: Special Events in Residentially Zoned Area Ordinance Page 4 deemed to be the property owner(s), as determined by reference to the records of the St. Joseph County Assessor. Street: See definition in Sec. 14-41 of this Code. Temporary Structures: Outdoor tent(s), trash container(s), chair(s), table(s) or equipment for outdoor music. Sec. 14-52 Community/Campus Advisory Coalition (CCAC). (a) CCAC Established: In the spirit of promoting positive collaboration and pro-active measures, a 21-member Community/Campus Advisory Coalition (CCAC) is established. (b) CCAC Membership: The initial CCAC members shall include the following individuals or their official designees: Adult Program Coordinator of the Director of the Robinson Community Learning Center Chief of Police of the City of South Bend City Attorney of the City of South Bend Director of Code Enforcement of the City of South Bend 4~' District Common Council Member Holy Cross College official having jurisdiction over off-campus activities Indiana University South Bend official having jurisdiction over off-campus activities Mayor of the City of South Bend Neighborhood resident selected by the Community Relations Committee and the Residential Neighborhoods Committee Representative of the Alcohol Beverage Commission Representative of landlords ofoff-campus student housing South Bend Common Council Attorney St. Mary's College official having jurisdiction over off-campus activities Student Body President of Holy Cross College Student Body President of Indiana University South Bend Student Body President of St. Mary's College Student Body President of the University of Notre Dame Two (2) At-Large Members of the South Bend Common Council Two (2) University of Notre Dame administrative officials having jurisdiction over off- campus activities (c) Meetings: CCAC shall meet not less than monthly, with more meetings held during the last quarter of each calendar year if needed. (d) Minutes: Copies of CCAC agendas and meeting minutes shall be regularly sent to the Office of the City Clerk for distribution to the South Bend Common Council. (e) Quorum: A majority of the CCAC members shall constitute a quorum. 2na Substitute Bill No. 44-07, As Amended: Special Events in Residentially Zoned Area Ordinance Page 5 (f) Presiding Officers: CCAC shall select a Presiding Officer, Recording Secretary, and other officer deemed necessary from its membership, who shall serve for one (1) year terms. (g) CCAC Duties and Responsibilities: CCAC shall be charged with making advisory recommendations to the Council's Community Relations Committee and the Council's Residential Neighborhoods Committee at times specified in Sec. 14-60. Topics shall include but not be limited to the following: 1. Identification of neighborhood concerns which may relate to university/college presence 2. Prioritization of Issues Identified 3. Proposed solutions, proposed action strategies and proposed person(s)/entities needed to implement such solutions and action strategies 4. Development of primary areas of responsibility and performance measures for each proposed action strategy 5. Cost-benefit analysis for each proposed action strategy 6. Short and long-term time lines for Action Plans and/or action strategies 7. Pursue grant opportunities4 8. Sponsorship of educational forums. Sec. 14-53 Application, Nonrefundable Fees and Approval Required for Special Events Taking Place at Boarding House(s); Conditional Use Permit; Conditions. (a) Application and Fee for Special Events at Boarding Houses: Any person or entity desiring to host, conduct or permit a special event at a boarding house, where twenty-five (25) or more persons are invited to attend and would have access to alcoholic beverages of any kind, must first obtain a Conditional Use Permit for a Special Event at a Boarding House. The sponsor of such special event must complete an application form which requires the following information: 1. Name of Sponsor 2. Proof of residency at address proposed for the special event with any of the following being acceptable: Indiana Driver's License; copy of a signed lease or real estate purchase agreement; current utility bill; or current bank statement which shows the street address for the property in question 3. Owner of Property 4. Address of property where special event is to be held 5. Number of persons expected to attend the special event 6. Date and hours of special event 7. Description of proposed special event including type of music if any, temporary structures, public safety security plans 8. Whether the special event will occur outdoors, in whole or in part ' The U.S. Department of Housing and Urban Development's (HUD) Community Outreach Partnership Center Program and the Department of Commerce's University Centers Program are specifically for the use of universities in solving community problems, with grant opportunities also being available from the National Endowment for the Arts. Private foundations such as the Fannie Mae Foundation, the Ford Foundation, the Kellogg Foundation, the DeWitt Wallace Foundation and the Robert Wood Johnson Foundation provide "university-community partnership program" funding, with many of these grant opportunities not be available to the community without the involvement of a university partner. 2na Substitute Bill No. 44-07, As Amended: Special Events in Residentially Zoned Area Ordinance Page 6 9. Cell phone number of sponsor which will be accessible throughout the special event. (b) Application Fee for Special Events at Boarding Houses: A fee of five dollars ($5.00) shall be paid at the time of filing the completed application. Such application forms shall be available from -the Office of the Licensing Auditor, and shall also be available on-line from the City of South Bend official website. (c) Deadline for Filing and Processing Application for Special Events at Boarding Houses: All applications required by this section must be submitted to the Office of the Licensing Auditor for processing, not less than five (5) business days prior to the special event. The City shall have the authority to waive the five (5) day filing provision in this section in the event of an emergency.s (d) Review and Recommendation. Upon the filing of a completed application, it shall be referred to the Police Department and the Fire Prevention Bureau for their review and recommendations and then returned the Office of the Licensing Auditor in the Department of Administration and Finance. (e) Conditional Use Permit for a Special Event at Boarding House. Upon the City's approval of a special event at a boarding house where twenty-five (25) or more persons are invited to attend and would have access to alcoholic beverages of any kind, the sponsor shall pay a fee of fifteen dollars ($15.00) and may be issued a "Conditional Use Permit for Special Event at a Boarding House" by the Department of Administration and Finance. Said permit must be conspicuously displayed in the inside front window of the location of such special event. (fJ Conditions: The sponsor shall have the duty to take all reasonable steps to prevent the consumption of alcoholic beverages of any kind by any minor at the special event at the boarding house. Reasonable steps include: 1. Controlling the access to alcoholic beverages of any kind at the special event; 2. Controlling the quantity of alcoholic beverages present at the special event; 3. Verifying the age of persons attending the special event by inspecting drivers' licenses or other government-issued identification cards to ensure that the minors do not consume alcoholic beverages of any kind while at the special event; and 4. Supervising the activities of minors at the special event. Nothing in this sub-section should be interpreted to prohibit any religious practice which includes the use of alcohol. If a minor leaves such special event which had a religious practice which included the use of 5 The U.S. Department of Justice's Office of Community Oriented Policing Services' Publication No. 39 entitled Student Party Riots (February 2006) recommends regulations for "...a group of 25 or more students with access to alcohol...officials can impose pre-defined restrictions on gatherings by requiring students to get a permit before hosting a gathering....requiring permits serves at least two important purposes. First it notifies authorities of large gatherings in advance, which eliminates the unwanted element of surprise. Second, the pre-defined conditions can be used to limit the number of attendees, control the availability of alcohol, and establish minimum standards that must be met before people can assemble" (p. 2, p. 22) 2°d Substitute Bill No. 44-07, As Amended: Special Events in Residentially Zoned Area Ordinance Page 7 alcohol and is found to be intoxicated, the sponsor shall be deemed to be in violation of this paragraph. Failure to comply with this paragraph, shall result in a separate citation being issued to the sponsor. Sec. 14-54 Responsibilities of the Sponsor of a Special Event. (a) The sponsor of a special event held in any residentially zoned area of the city shall be subject to the following responsibilities: 1. No outdoor portable toilets shall be permitted at the subject property; except that residential zoning districts which have permitted primary uses for a religious use, schools, or parks may use outdoor portable toilets for special events held on their property, with removal required seventy- two (72) hours after the event has ended. Failure to comply with this sub-section, shall result in a separate citation being issued to the sponsor. 2. Any temporary structures placed outside for the special event, including but not limited to trash container(s), and/or equipment which plays music; may not be placed outside earlier than twelve (12) hours before the special event and must be removed from the subject property within twenty- four (24) hours after the special event. Failure to comply with this sub-section, shall result in a separate citation being issued to the sponsor. 3. Any and all outdoor refuse, litter, etc. from the special event must be removed from the subject property, and any adjoining property (public or private) within twelve (12) hours after the special event. Failure to comply with this sub-section, shall result in a separate citation being issued to the sponsor. 4. Compliance with all noise regulations addressed in South Bend Municipal Code § 13-57; compliance with all residential lawn parking regulations addressed in South Bend Municipal Code § 14-40, et seq.; compliance with public nuisance regulations addressed in 13-75.5; and other applicable South Bend Municipal Code provisions. (b) Any person violating any provision of this Section shall be issued a citation for each violation by a police officer or a Code Enforcement officer subjecting the violator to the penalty provisions of Section 14-58 of the South Bend Municipal Code. Sec. 14-55 Limited Exceptions to Permit Temporary Lawn Parking for Special Events. (a) Any person who desires to temporarily park a motor vehicle on the non-public lawn of a residentially zoned area may only do so on a property which conspicuously posts in the inside front window of the residential building located thereon the one-day Conditional Use Lawn Parking Permit authorizing such limited, temporary parking. (b) Permits shall not be required for construction or other service vehicles who have employees working at a residentially zoned area during such construction. 2na Substitute Bill No. 44-07, As Amended: Special Events in Residentially Zoned Area Ordinance Page 8 (d) There shall be a maximum of twelve (12) calendar days authorized for lawn parking for a specific residentially zoned area per calendar year Sec. 14-56 Temporary Residential One-Day Conditional Use Parking Permit Procedures and Fees. (a) Application and Proof of Residency: A person who desires to park or who desires to permit the parking of motor vehicle(s) on the non-public lawn area of a residentially zoned area must have aone- day Conditional Use Lawn Parking Permit. Such person must complete an application, file it with the Office of the Licensing Auditor, and pay anon-refundable application fee of five dollars ($5.00): Proof of residency for the subject property shall be required which lists the residential address for which the temporary residential special event one-day permit is requested. Acceptable documents include: 1. Indiana Driver's License 2. Copy of a signed lease or real estate purchase agreement 3. Current utility. bill; or 4. Current bank statement which show the street address for the property in question. A copy of such document tendered shall be attached to the registration form. (b) Non-Refundable Fees for Parking Less Than Ten (10) Motor Vehicles: If the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the Licensing Auditor shall issue aone-day Conditional Use Lawn Parking Permit to the applicant, upon the payment of anon-refundable fee of $1.00 per parking space. All such one-day permits shall be subject to the conditions set forth in this Section. All fees collected by the Office of the Licensing Auditor shall be deposited into the General Fund. (c) Non-Refundable Fees for Parking Less Than Ten (10) Motor Vehicles For Home Football Season: Permits for an entire Notre Dame home football season may be issued by the Office of the Licensing Auditor to qualifying applicants desiring to park less than ten (10) motor vehicles upon the payment of anon-refundable fee of $1.00 per parking space times the number of remaining home football games. All fees collected shall be deposited into the General Fund. (d) Additional Documents and Reviews When Parking Ten (1 D) or More Motor Vehicles: Any person who applies for aone-day Conditional Use Lawn Parking Permit seeking to park ten (10) or more motor vehicles must also provide a lot survey, site plan or similar legal document which shows the following: 1. Location of lot lines and structures; 2. Setback of parking spaces of at least five feet (5') from all structures and lot lines; 3. Lanes for ingress and egress to parking surfaces; and 4. The location of proposed parking spaces. The above-listed information shall be referred to the Department of Public Works, along with a copy of the proof of residency document and the completed application form, for review and recommendation. 2"a Substitute Bill No. 44-07, As Amended: Special Events in Residentially Zoned Area Ordinance Page 9 The Department of Public Works shall determine the maximum amount of motor vehicles which may be safely parked at such location based on the size of the lot, the information set forth on the tendered lot survey, site plan or similar legal document, and relevant public safety considerations. The Department of Public Works shall indicate the locations of the approved ingress and egress location(s) and any approved temporary ramp structures. All parking must comply with the approved document. (e) Non-Refundable Fees for Parking Ten (10) or More Motor Vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the Licensing Auditor shall issue a one-day Conditional Use Lawn Parking Permit upon the payment by the applicant of anon-refundable fee of $25.00. All such one-day permits shall be subject to the conditions set forth in this Section. All fees collected by the Office of the Licensing Auditor shall be deposited into the General Fund. (f) Non-Refundable Fees for Parking Ten (10) or More Motor Vehicles For Home Football Season: Conditional Use Lawn Parking Permits for an entire Notre Dame home football season may be issued by the Office of the Licensing Auditor to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of anon-refundable fee of $25.00 times the number of remaining home football games. All fees collected by the Office of the Licensing Auditor shall be deposited into the General Fund. (g) Filing Deadline: No applications seeking a Conditional Use Lawn Parking Permit for Game Day parking shall be taken after 4:45 p.m. on the Thursday immediately prior to the Game Day. (h) Permit Required to be Displayed: Conditional Use Lawn Parking Permit holders and the motor vehicle owners who have their vehicles properly parked at such location prominently displaying the permit in the inside front window of the residential building located thereon, or if there is no building said permit shall be prominently displayed separately; with such persons. being exempt from the provisions of Section 14-42 entitled "Parking Prohibited~in Residential Lawn Areas", and the zoning regulations set forth in Sections 21-02.11 and 21-07.04 of the South Bend Municipal Code. (i) Exemptions: No Conditional Use Lawn Parking Permits are required for parking on an approved driveway or parking space. (j) Violation for Parking on Date Other Than Date Listed on Permit: Any motor vehicle which is parked on the lawn of a residentially zoned area on a date other than the date listed on the Conditional Use Lawn Parking Permit issued under this Section shall be in violation of Section 14-42. The owner of such a vehicle shall be subject to the penalties set forth in Section 14-44, as well as applicable zoning provisions of Chapter 21 of the South Bend Municipal Code. (k) Restrictions: All owners of any residentially zoned area who were issued a Conditional Use Lawn Parking Permit under this section shall not permit any vehicle to drive over an adjoining property during ingress or egress to their property. (1) Sight Distance and Impeding Traffrc: Motor vehicles parked pursuant to this section shall not interfere with the sight distance required for safe driving on a street, nor may parking of any vehicle impede pedestrian and/or vehicular traffic. 2°d Substitute Bill No. 44-07: Special Events in Residentially Zoned Area Ordinance Page 10 (m) Driving Over Curbs: No person shall operate or park any motor vehicle on any portion of a lot in any residential district in a way requiring driving the motor vehicle over the curb instead of through a curb cut; unless temporary ramp structures have been specifically authorized and approved by the Department of Public Works to be used, as evidenced on the Conditional Use Parking Permit. Visual events of driving over a curb shall be evidence of a violation of this paragraph, subjecting the person filing the application for the subject property being subject to a citation. (n) Repairing Lawn Ruts: All owners of any residentially zoned area who were issued a Conditional Use Lawn Parking Permit under this section shall be required to repair all lawn ruts within thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than April 30~' of the following year. (o) Permit Holder Assumes All Risk and Peril: Any person issued a permit under this section assumes all risk or peril. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses. . (p) Citations: Any person violating any provision of this Section shall be issued a citation for each violation by a police officer or a Code Enforcement officer subjecting the violator to the penalty provisions of Section 14-58 of the South Bend Municipal Code. Sec. 14-57 List of Permits Approved to be Sent by Licensing Auditor to City Agencies. (a) Notice of Conditional Use Permit(s) Issued for Special Event at a Boarding House: The Office of the Licensing Auditor in the Department of Administration and Finance shall electronically send, or distribute by other means of communication at the end of each business day, to: the South Bend Police Department's Uniform Division; the Department of Code Enforcement; the Office of the City Clerk; and the neighborhood association located in the area, if any, a listing of all locations of residential locations where it has issued a Conditional Use Lawn Parking Permit or a Conditional Use Permit for a Special Event at a Boarding House, and the date(s) for each. (b) Notice of Conditional Use Lawn Parking Permit(s) Issued: The Office of the Licensing Auditor in the Department of Administration and Finance shall electronically send, or distribute by other means of communication at the end of each business day, to: the South Bend Police Department's Uniform Division; the Department of Code Enforcement; the Office of the City Clerk; and the neighborhood association located in the area, if any, a listing of all locations of residential locations where it has issued a Conditional Use Lawn Parking Permit and the date(s) for each. Sec. 14-58 Penalties; Enforcement Procedures; Dedication of Fines. (a) . Citation for Violation: Any person, other than a sponsor, violating any provisions of this Article shall be issued a citation by a police officer or Code Enforcement officer subjecting the violator to the following penalties, unless otherwise provided: 2na Substitute Bill No. 44-07: Special Events in Residentially Zoned Area Ordinance Page 11 1St violation $ 50.00 fine 2nd violation $100.00 fine 3rd violation and every subsequent violation $200.00 fine (b) Each violation of this Article shall be deemed a separate offense. (c) Dedication of Fines Paid: Fifty percent (50%) of all monies collected and retained by the city for any violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund #220). Such monies shall be used for the purposes designated for such fund, as well as for items including but not limited to developing and printing of educational brochures aimed at fostering information exchange and ongoing communication; training sessions on the regulations; statistical reporting on the regulations; and hosting community public safety educational forums on the regulations set forth in this Chapter. (d) Public Nuisance and Dispersal Order: Any special event held at a boarding house where twenty-five (25) or more persons are invited to attend and who would have access to alcoholic beverages of any kind is, by reason of the conduct of those persons in attendance, results in more than one (1) of the following conditions or events occurring on the subject property, neighboring public or private property: public intoxication; public urination or defecation; the unlawful sale, furnishing, or consumption of alcoholic beverages of any kind; the unlawful deposit of trash or litter; the destruction of property; the obstruction of vehicular or pedestrian traffic; noise which disturbs the comfort, quiet or repose of the immediate neighborhood; or conduct resulting in injury or which endangers the safety or health of the persons in attendance or the neighborhood residents, is declared to be an unlawful public nuisance. If, in the opinion of the responding police officer(s) the circumstances present an immediate threat to the public health, safety or welfare, or if the sponsor is not in compliance with all conditions of the Conditional Use Permit for a Special Event at a Boarding House, said police officer(s) may issue a dispersal order. (e) Responsibilities of the Legal Department: The Office of the City Attorney is authorized to seek fines and injunctive relief not to exceed two thousand five hundred dollars ($2,500.00) for chronic violations of this Article. The Office of the City Attorney shall provide a summary of such actions to the Council's Community Relations Committee and the Council's Residential Neighborhoods Committee at the times set forth in Section 14-60. (f) Failure to File Required Application for Special Events at a Boarding House: Any sponsor who hosts, sponsors or permits a special event at a boarding house where twenty-five (25) or more persons are invited to attend and would have access to alcoholic beverages of any kind, without filing an application as required by this Article shall be issued a citation subjecting the violator to a fine of five hundred dollars ($500.00) for the first violation, with all subsequent violations be subject to a fine of one thousand dollars ($1,000.00) each. (g) Payment of Fines: Any person issued a citation for violating any provision of this Article with a fine of two hundred fifty dollars ($250.00) or less shall make payment through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of such a citation shall result in the assessment of a late fee of fifty dollars ($50.00). All fines greater than two hundred fifty dollars ($250.00) which are not paid within thirty (30) days of the issuance of such a citation shall result in a late fee of one hundred dollars ($100.00). 2na Substitute Bill No. 44-07: Special Events in Residentially Zoned Area Ordinance Page 12 (h) Consequences of Chronic Violations: A Sponsor who is cited under this Article for chronic violations shall lose the right to host, conduct or permit a Special Event requiring a permit under this Article for the remainder of that calendar year. When a person, who has been issued a Conditional Use Lawn Parking Permit, has been determined to be in chronic violation of this Article, the City shall have the authority to cancel the remainder of such permit ancUor revoke any Conditional Use Lawn Parking Permit issued, upon proper notice of the same being issued to said person. Sec.14-59Non-Transferability; Refusal to Issue and Revocation Hearings. (a) Any person applying for a Conditional Use Lawn Parking Permit or Conditional Use Permit for a Special Event at a Boarding House under this Article is prohibited to transfer such document(s) to a different residential location. Such transfer shall be a violation of this Article subjecting the violator to the penalty provisions of Sec. 14-58. (b) All refusals to issue a permit; suspension or revocation of permits issued under this Article shall be governed by the procedures set forth in Section 4-16 of the South Bend Municipal Code. Sec. 14-60 Information to be Sent to the Council's Community Relations Committee and the Residential Neighborhoods Committee.6 (a) In the interest of collaboration and information sharing, on or before the first Monday of October; on or before the first Monday of November of each year; and on or before March 1 and June 1 of each year, a summary of the following information shall be sent to the Office of the City Clerk for review by the Council's Community Relations Committee and the Council's Residential Neighborhoods Committee: Summary of data from all City agencies, offices and department involved in the issuance and enforcement of this Article for each given time period, including but not limited to number and type of permits issued; amount of fees collected; number of warnings issued and addresses of each; amount of citations issued; amount of fines collected and the amount of fines outstanding; number of appeals filed and their disposition; number of pending lawsuits and their status; copies of all educational brochures; dates and locations of all community public safety educational forums held; summary of public comments from such forums; and any other relevant data; 2. Summary of programs in place by any university or college located in, or contiguous to the city limits of South Bend addressing off-campus special events; 3. Compilation of weekly summary sheets developed by the South Bend Police Department listing the address, date, time, problem and resolution for all calls for service to residential areas where boarding house(s) are located; and 6 The U.S. Department of Health and Human Services' National Institutes of Health Task Force of the National Advisory Council on Alcohol Abuse and Alcoholism publication entitled A Call to Action: Changing the Culture of Drinking at U.S. Colleges and the U.S. Department of Justice's Office of Community Oriented Policing Services' Publication No. 39 (February 2006) entitled Student Party Riots recommend "...collaborations between campus administrators and community leaders to facilitate the process of information exchange and ongoing communication..." 2na Substitute Bill No. 44-07: Special Events in Residentially Zoned Area Ordinance Page 13 4. Community/Campus Advisory Coalition (CCAC) recommendations (b) A joint committee meeting of the Community Relations Committee and the Residential Neighborhoods Committee shall be held within a reasonable period of time following the receipt of such data, with notice being given as required by state law, and such notice also being sent to all City offices who have responsibilities under this Article; to all residential neighborhood groups; CCAC officers, as well as to all universities and colleges who have tendered data. Following such public hearings, said Committees shall make any advisory recommendations to the Common Council which it believes are in the best interests of carrying out the public health and safety intent and purposes of Section 14-50. Section II. Chapter 2, Article 19, Section 2-213 entitled Schedule of Ordinance and Code Violations of the South Bend Municipal Code is amended by adding the following language in the proper numerical order following the headings: Code Section Type of Violation ~ Penalty 14-53 Special Event in Residentially Zoned Area -first time violation $ 50.00 14-53 Special Event Residentially Zoned Area -second time violation $100.00 14-53 Special Event Residentially Zoned Area third time violation and all subsequent violations $200.00 Section III. Section 14-40 of Article 8 entitled "Residential Lawn Parking Regulations", Chapter 14 of the South Bend Municipal Code, is hereby amended in part to read as follows: Sec. 14-41 Definitions. ADD in alphabetical order: improved parking area: Land meetin theme requirements of Sections 18-41, 18-42 and 21-11.02 of this Code. Chronic violation: Violation of this Article more than two (2) times by the same person. Residential Use: Real estate which is zoned SF1 Single Family & Two Family Dwelling as further addressed in SBMC ~ 21-02.01; SF2 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.02; MF1 Urban Corridor Multifamily District as further addressed in SBMC § 21- 02.03; or MF2 High-Density Multifamily District as further addressed in SBMC § 21-02.04. Section IV. Section 14-42 of Article 8 entitled "Residential Lawn Parking Regulations", Chapter 14, of the South Bend Municipal Code, is hereby amended in part to read as follows: 2na Substitute Bill No. 44-07: Special Events in Residentially Zoned Area Ordinance Page 14 Sec. 14-42 Parking Prohibited in Residential Lawn Areas: ;Limited Exemptions. (a) It shall be unlawful to park a motor vehicle in a front yard, in a side yard, or in a rear yard which abuts a street of a lot zoned for a residential use or dwelling, except that parking shall be permitted on ahard-surfaced driveway or approved parking space. (b) Parking of any motor vehicle in violation of the regulations set forth in this Article is deemed a public nuisance. ~c) The owner of a motor vehicle parked in a residentially zoned area where a permit has been issued under Section 14-54 shall be exempt from the provisions of this Section. (d) The owner of a motor vehicle parked in a residentially zoned area where a permit has been issued under Sec. 14-55 shall be exempt from the provisions of this Section. Section V. Section 14-43 of Article 8 entitled "Residential Lawn Parking Regulations", Chapter 14, of the South Bend Municipal Code, is hereby amended in part to read as follows: Sec. 14-43 Parking Prohibited on Sidewalks or Curb Areas. ADD to the end of the footnote to this section: Section 20-84 of the South Bend Municipal Code prohibits parking on a city sidewalk. Section VI. No Conflicts. Nothing in this ordinance shall limit the application or enforceability of any other section of the South Bend Municipal Code. Section VII. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. Section VIII. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication; with the exception of implementing Sec. 14-53 addressing Special Events at Boarding Houses. Upon the adoption of a Resolution by the South Bend Common Council which sets forth a date certain, the City Administration shall implement Sec. 14- 53. The Common Council shall take into consideration the following factors when taking action on such a Resolution: calls for service to loud and/or unruly special events; receipt of complaints from neighborhood residents; or lack of substantial progress by the Community/Campus Advisory Coalition (CCAC). Any one desiring to participate in a pilot program, who wishes to comply with the provisions of Sec. 14-53 prior to the adoption of such a Resolution, shall have their administrative filing fees waived by the City of South Bend. 2na Substitute Bill No. 44-07: Special Events in Residentially Zoned Area Ordinance Page 15 \ ~~ Timothy A. Rous President of the Common Council ~' ~' 1 "Buddy" Kirsi Member of the Common Council ~xea~ by me to the Mayor of the City of South Bend, Indiana on the ~~ day of e~,~ , 2007, at ['~3~ o'clock ~ .m. r- Janic alboom, Deputy City Clerk ~<f C~rixavefl aired ~~~ by me on the ~,,! day of ~ 2007, at 3•'~.~ o'clock yJ . m. Stephen J. Lue e Mayor of the City of South Bend, Indiana 1 st READING ~ -Z3-off ~ .~- ~ IZy~.~~ ~S S~~ PUBLIC HEARWG ~-11-~~ C9` S S.v~.~S~~ 3 rd READING `l_Z`~`O~ qs 2.~ Su.~ S ,~-~u`-'i-~~ t-~~~m.,r-~'°a 'l.~yr.°~,.c~~ NOT APPROVED REFERRED PASSED ~-L7-~~ ~S 2~~ Su-~s~~`,"'~e- T f~"`~~u Filed In Cierk's Office S E<P 2 1 LOOT JOHIJ VOOADE CITY CLERK, S0. BEND, IM. 2"a Substitute Bill No. 44-07, As Amended The following is a summary of requested the majority of the changes incorporated: Page 2, Sec. 14-50, ¶ (c) Corrected the scrivener's error Page 2, Sec. 14-51, Footnote 1: Corrected the scrivener's error Page 3, Sec. 14-51: Delete "19" and Insert " 21" [membership of CCAC] Page 4, Sec. 14-52, ¶ (a): Delete "19" and Insert " 21" [membership of CCAC] Page 4, Sec. 14-52, ¶ (b): Delete "General Counsel of the University of Notre Dame" and "University of Notre Dame Board of Trustees official/member" Insert "Two (2) University of Notre Dame administrative officials having jurisdiction over off-campus activities" [membership of CCAC] Add "Holy Cross College official having jurisdiction over off- campus activities" and "Student Body President of Holy Cross College" Page 4, Sec. 14-52, ¶ (c): Delete "with all such meetings being subject to the Open Door Law of Indiana" and Delete Footnote 4 addressing this state law Page 6, Sec. 14-53, ¶ (d): Delete "and the Department of Code Enforcement" Page 7, Sec. 14-54, ¶ (a)(1): Add: "except that residential zoning districts which have permitted primary uses for a religious use, schools, or parks may use outdoor portable toilets for special events held on their property, with removal required seventy-two (72) hours aRer the event has ended". Page 7, Sec. 14-54, ¶ (a)(2): Delete: "tent(s)" Page 8, Sec. 14-55, ¶ (d) Add: "There shall be a maximum of twelve (12) calendar days authorized for lawn parking for a specific residentially zoned area per calendar year. Page 8, Sec. 14-56, ¶ (a): Delete "City Clerk" Insert "Licensing Auditor" Add: "and pay anon-refundable application fee of five dollars ($5.00)". Page 8, Sec. 14-56, ¶ (b): Delete: "City Clerk" Insert: "Licensing Auditor" Page 8, Sec. 14-56, ¶ (c): Delete: "City Clerk" Insert: "Licensing Auditor" Page 8, Sec. 14-56, ¶ (d): Correct: title and body of language to read "Ten (10) or More" Delete: "and proof of insurance which covers additional parking at such premises" Page 9, Sec. 14-56, ¶ (e), (f): Correct: title and body of language to read "Ten (10) or More" Page 9, Sec. 14-56, ¶ (g): Delete: " 2 p.m. on the Friday" Insert "4:45 p.m. on the Thursday" Page 10, Sec. 14-56, ¶ (o) Add: "Permit Holder Assumes All Risk and Peril: Any person issued a permit under this section assumes all risk and peril.. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses." 2na Substitute Bill No. 44-07, As Amended----page 2 Page 10, Sec. 14-56, ¶ (p) Re-letter former sub-paragraph (o) to "(p)" Page 10, Sec. 14-57, ¶ (a)(b) Delete the last sentence in each paragraph Deleted All Exhibits File' ierk's Office SEP 2 1 2001 JOHN SO B ND,1N. C17Y CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 44-07 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 9 ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" AND AMENDING OTHER SECTIONS OF CHAPTER 14 RELATED THERETO Respectfully report that they have examined the matter and that in their opinion, this bill is being- recommended to the full Council with a favorable recommendation as substituted and amended as on file in the City Clerk's Office. Karen L. White Chairperson O~s~iii j1~~8~,p • „~ ~!; ~ City of South Bend. a Common Council 1865 e 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Timothy A. Rouse President Ann Puzzello Vice-President Karen L. White Chairperson, Committee of the Whole Derek D. Dieter First District Charlotte D. Pfeifer Second District Roland "Randy" Kelly Third District Ann Puzzello Fourth District David Varner Fifth District Ervin Kuspa Sixth District Al "Buddy' Kirsits At Large Timothy A. Rouse At Large Karen L. White At Large Kathleen Cekanski-Farrand Council Attorney September 13, 2007 Members of the South Bend Common Council 4~' Floor County-City Building South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www southbendin.gov Re: 2nd Substitute Bill No. 44-07 Special Event Regulations Dear Council Members: Good dialogue has taken place since the last Community Relations Meeting when amended versions of Bill No. 44-07 were publicly discussed. As a result of these continuing discussions, we are pleased to file a 2nd Substitute Bill No. 44-07. Our primary goals are to protect the residents of our residential neighborhoods; to protect all visitors who come to our residential neighborhoods; to formally establish a community/campus coalition; and to establish a mechanism to permit limited residential lawn parking on a city-wide basis. Some of the key items in 2°a Substitute Bill No. 44-07 include: Proposing regulations which carefully balance the rights of residents in the neighborhood with the responsibilities of the person(s) who host special events Creating a 19-member Community/Campus Advisory Coalition (CCAC) composed of neighborhood residents, City appointed and elected officials, Officials from the University of Notre Dame, Indiana University South Bend and St. Mary's College, and the Student Body Presidents of each of these institutions who would meet on a regular basis throughout the year and make advisory recommendations to the Community Relations Committee and the Residential Neighborhoods Committee (See Sec. 15-52, pp. 4-S for more detail • Enabling the CCAC to collaborate, brainstorm and make advisory recommendations to the Council, with the boarding house regulations being implemented at such later date when the Common Council determines that they are needed in order to protect the quality of life in negatively affected residential neighborhoods or if there is a lack of substantial progress by the CCAC [Applications governing such special events would be required S days prior to a proposed event] (See Sec. VIII on page 14) 2na Substitute Bill No. 44-07 Cover Letter September 13, 2007 Page 2 • Clarifying the responsibilities of sponsors with regard to underage drinking so that they are responsible social hosts (See Sec. 14-53, ¶ (f), p. 6 for more detail} • Banning portable toilets at all special events held on residentially zoned property held throughout the City (See Sec. 14-54, ¶ (a)1, p. 7 for more detail) • Requiring all litter, refuse, etc related to a special event held on a residentially zoned property to be removed from the property where the special event takes place, as well as from any adjoining properties (public or private) within 12 hours (See Sec.14-54, ¶ (a)3, p. 7 for more detail) • Setting reasonable beginning times and ending times for the placement of temporary structures such as tents, equipment for outside music, etc brought in for the special event (See Sec.14-54, ¶ (a)2, p. 7 for more detail) • Providing for temporary residential one-day Conditional Use Lawn Parking permits on a city- wide basis (See Sec. 14-56, pp. 7-10) • Requiring all lawn ruts to be repaired (See Sec. 14-56, ¶ (n), p. 10 for more detail) • Enabling the flow of information to the Common Council by specifically requiring that relevant data be shared so that the Council's Community Relations Committee and the Council's Residential Neighborhoods Committee so that they may weigh the effectiveness of the regulations and hear recommendations from residents, city officials, and the Community/Campus Advisory Coalition (CCAC) on a regular basis (See Sec. 14-60, pp. 12-13 for more detail) We believe that by addressing special events pro-actively, that each of our proposed strategies, not only compliment, but strengthen each of the proposed ordinance provisions. Detailed footnotes to relevant sources of information have also been included throughout the proposed ordinance. As noted in our prior meetings, there are many university communities across the nation who have been grappling with these multi-faceted challenges. We believe that the regulations we are proposing offer the City Administration discretion, yet are grounded in protecting the quality of life of our residents and the residential neighborhoods we call home. By collaborating with our city residents, college and university officials, as well as with student government leaders, we have the opportunity to all work together. The COPS Problem-Oriented Guide for Police, Problem-Specific Guides Series, No. 39 published by the U.S. Department of Justice in February 2006, has been carefully studied, discussed and reviewed. We believe that the proposed regulations are consistent with the "Effective Action 2na Substitute Bill No. 44-07 Cover Letter September 13, 2007 Page 3 Plan" detailed in that publication. By adding the Community/Campus Advisory Coalition (CCAC) to this ordinance, the strategic planning component has been further strengthened. As noted in the article "Putting the Lid on Unruly Parties" which appeared in the Higher Education Center: Prevention File in May 2007, and the article "Getting House Parties Under Control" which appeared in Catalyst, a publication of the Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention, funded by the U.S. Department of Education (Winter 2007, Volume 8, No. 2); ongoing dialogue among all interested parties is critical. By having the Community/Campus Advisory Coalition meet on a regular basis throughout the calendar year, we will gain insights, build strong partnerships and have the opportunity to work together to see that the best local legislation is in place which fits the needs of South Bend residents, South Bend neighborhoods, and embraces our university and college neighbors. We have the opportunity to move this legislation forward next Monday, September 17`" at the South Bend Common Council's Special Council meeting. We thank the many individuals who have offered suggestions and insights into this proposed ordinance. We respectfully request your support of 2d Substitute Bill No. 44-07. Thank you. Sincerely, Timothy A. Rou Council President _ ~~ ~~~~ t ~~~~ A "Buddy" Kirsit Council Member at Large Attachments cc: Mayor Stephen Luecke Office of the City Clerk Filed in Cleri;'s Office SEP i 3 ~i!O JOHN VOORDE CTiY CLER;C, S0. BEND, IN.