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Home My WebLink About9677-06 Amend Chapter 2 - Article 18 - Set & Adjust feed for documents and servicesORDINANCE No. s Passed by the Common Council of the City of South Bend, Indiana May 22, Attest: ~--~ Attest: l ~ , ~. Presented by me to the Mayor of the City of South Bend, Indiana May 23, 06 20 City Clerk President of Common Council Approved and signed by me May 2 5 20 .Q~. ~h.~,- ~~ !~ City Clerk Mayer 20 06 ORDINANCE NO. ~ ~' 7 ~'esO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES STATEMENT OF PURPOSE AND INTENT In 2000 the City of South Bend enacted an Ordinance establishing fees for various reports and documents of the City of South Bend, These fees should be reviewed and adjusted periodically to reflect increased costs of the production of these documents and other services. I.C. 36-1-3- 8(a)(6) gives the City the authority to set fees providing they are "reasonably related to reasonable and just rates and charges for services." These changes reflect those adjusted costs and establish costs for other services. The Ordinance provides one (1) new fee classification and amends the charge for an EMS report. I.C. 16-39-9-3 allows fora $15.00 minimum fee for producing medical reports, including EMS reports. Item 21 is a fee to be collected by and kept by the South Bend Police Department for handling tows made pursuant to its police powers. It does not apply to Code Enforcement tows and is in addition to the fees collected and charged by the private towing company. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend as follows: Section I. Chapter 2, Article 18, Section 2-210(a) of the Municipal Code of the City of South Bend is hereby amended to read in its entirety as follows: (a) The following reasonable fees are established, to be paid by the requesting party not later than the time of delivery of each of these services or each of these documents described: 1. Each page of any document which is a Public Record under I.C. 5-14-3-2 which is not excepted from disclosure. $0.10 2. Motor vehicle accident reports. $5.00 3. Police Summary Report (a form of report which does not exist as a record prior to public request and is not explicitly mentioned in this section) $5.00 4. Police Department Crime Statistic Compilation (A form of report which does exist as a public record prior to public request) $5.00 5. Audio Tapes, per tape $10.00 a. Those reproduced by the City of South Bend 10.00 b. Those requiring outside resources 2.00 ,(plus outside costs) 6. Photographs: a. Those reproduced by the City of South Bend from its negatives. $1.00 b. Enlargement of Polaroid or reproductions requiring Outside resources (plus outside cost) $2.00 7. Copies of Fingerprints. $3.00 8. Arson Reports. $25.00 9. Blueprints, per page $6.00 10. Videotapes, per tape a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources 2.00 (plus outside costs) 11. Computer Discs, per disc $3.00 12. Maps, per square foot of paper $1.00 13. EirefEMS Report X3:99 15.00 14. Motor Vehicle Inspection and Rebuilt Salvage Inspection $5.00 15. Limited Criminal History Reports a. Request to process Limited Criminal History $3.00 b. Request from the subject for a copy of his/her Limited Criminal History $5.00 c. Copy of Limited Criminal History on another person $7.00 However such request shall be provided free if mandated by I.C. 10-13-3. 16. Processing Request for Limited Juvenile History $5.00 17. Providing Materials Other Than Public Records Requests $10.00 plus $0.10 per page; $15.00 per tape; $15.00 for first photograph and $5.00 for all others 18. Requested Mailing of Public Records $1.00 plus postage 19. Handgun License Application, Subject to Refund per I.C. 35-47-2-3 $10.00 20. CPAT TestingOffered to Other Fire Departments a. Set Up and Break Down Costs $640.00 b. Training Session Conducted by SBFD $320.00 c. Testing Conducted by SBFD $ 4 0.0 O p e r applicant 21. Processing Fee for Police Department Tow 5.00 Section II. This Ordinance shall be in full force and effect from and after the date of its passage by the Common Council, approval by the Mayor and legal publication. A t: City Clerk ~ / 1 Member, Sout nd Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the ~~ ~ day of 2 t~oU , at 1 `,`1 S o'clock ~. m. ~---~ City Cler IO-~~ Approved and signed by me on the U L day of G- , 2 ~~ , at9~_o'clock ~. m. u-~ G~~-2_-- Mayo ,City outh Bend, Indiana F:\DATA\SFIARE\Legal\Wpdata\TBodnar\ORDINANC1Fee Adjustments Substitute 052206.wpd 1 st READING ~-Z~ -a~ (( //,, PUBLIC HEARING S-LL-~~'' CAS Ju.bs~-~w"~'a~` 3rd READING ~-_~L_ p~ Glt 5 ~~5+' ~~-Q NOT APPROVED REFERRED Filed nl Clerk's Office P~~ AY 2 2 2005 ,19!iN VOORDE Ct7Y CLEhK, S0. aEND, iN. AASSED ~,ZL-n~° aS Su~.~-~'~-~c~~g-e~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 28-06 A BILL OF THE COMMON COUNGIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES 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. Karen L. White Chairman I4OO COUNTY-CITY BUILDING 227 W.,JEFFERSON BOULEVARD $OLII'F{ BEND, INDIANA 46601-1830 Pk{ONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES $. LEONE ALADEAN M. DEROSE CITYATTORNEY March 10, 2006 CHIEFASSI.STANrCITYATTORNEY Mr. Timothy A. Rouse President, South Bend Common Council 4''' Floor, County-City Building South Bend, IN 46601 Re: Amendment to Chapter 2, Article 18 of the South Bend Municipal Code to Set and Adjust Fees for Documents and Services Dear Mr. Rouse: Enclosed you will find an amendment to Section 2-210(a) of the South Bend Municipal Code. It is unchanged except for items 10, 13, and 21. In item 10 there is now a provision fora $2.00 service fee plus outside costs if the City must use outside resources to reproduce the videotapes. The Police Department will continue to process its videotapes when requested. However, the Department of Code Enforcement does not have the equipment to make their own videotapes to deal with their infrequent requests. IC 16-39-9-3 calls fora $15.00 minimum fee for producing EMS Reports. The substantial amount of time expended in connection with an EMS Report justifies the $15.00 fee. The one new item is item 21, a processing fee to be paid to the Police Department prior to the release of a tow. This fee will apply only in cases in which the Police Department initiates the tows, not those performed by Code Enforcement. It will not be imposed in those cases in which the car owner selects his own tow company after an accident. The amount does not reflect time at the scene, but the reimbursement for the cost of work done at the front desk, by the Police Department inspecting the storage lots, and in the communications center. I will present this ordinance to the appropriate Council Committee and to the full Common Council. Very truly yours, L. Bodnar Assistant City Attorney TLB/cw }~d in ~~~t~t';~ ®~fice APO 1 92000 J4~1!7 VOORD@ CITY Gi.I:1K, ~0, 8 ~`~A, IN. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN