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Home My WebLink About9685-06 Amend Chapter 17 an add Section 17-119 through 17-125 (2)ORDINANCE No. s~s.os Passed by the Common Council of the City of South Bend, Indiana Attest: Attest:, City Clerk President of Common Council Presented by me to the Mayor of the City of Soutli Bend, Indiana July 25, 20 06 City Clerk Approved and signed by me ~ ~ ~, i x • ~ 20 _O.b_- July 24, 20 06 ORDINANCE NO. ~ ~ g~ -Q~ (Substitute - Bi1127-06) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR ENACTMENT OF PARK RULES STATEMENT OF PURPOSE AND INTENT The South Bend Park system is an extremely beneficial asset of the City of South Bend. To ensure that all of its citizens may utilize these resources in comfort and safety, it is necessary to make rules governing conduct in the parks. The Board of Park Commissioners of the City of South Bend is the appropriate body to make and enforce such rules. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND as follows: Section I. Article 3 of Chapter 19 of the South Bend Municipal Code shall be amended by adding Section 19-79 to read as follows: Section 19-79. Park and Park Program Rule Enforcement (al The Board of Park Commissioners of the City of South Bend is authorized to adopt rules and regulations for the conduct of patrons, park pro rg am participants, spectators, and volunteers in the South Bend Parks and Park programs, to the extent then do not conflict with this article or other ordinances or statutes. ib) If the Park Superintendent determines that the safety of patrons and of park employees and volunteers and park property require the removal of an individual from a_park(s)and/or park program(s), he/she may do so by following the procedures set forth in IC 35-43-2-2. The ban imposed by the Park Superintendent shall be for a maximum period of up to one (1) year for a first offense and three (3) years for any subsequent offense. (c) Any appeal of a ban by the Park Superintendent must be filed in writing with the Board of Park Commissioners within five (5) days after service of the ban. id) The Board of Park of Commissioners shall set rules ovg erning the hearin~of the appeal. 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. Attest: ' C1 rk ' ~. Member, South d Common Council ~ Presented by me to the Mayor of the City of South Bend, Indiana on the ~5~ day of _ 2 Ooh, at 3~~30 o'clock ~. m. ~- City Cl k Pe.~,:.~-~ Approved and signed by me on the ~~~ day of , 2 ~~ , at // o'clock a m. ~~~~ Mayor, City of outh Bend, Indiana F:\DATAlSHARE\Legal\Wpdato\TBodnar\ORDINANC1Park Rules Substitute 071306.wpd y-L~ - °'° ~ ~~~ 1 st READING ~~ ~S ~ ~ PUBLIC HEARING Z-Z`E- 3 rd READING ~ _Z~{-~~ GAS S V-~~~'~4~ OT APPROVED Filed In Clerl~'~ t3fice J U L 1 ° 2006 JOt?P7 V00!?DE CITY CLEi i{, 5D. EE~ID, IN. N REFERRED \ PASSED ~-Zy`~b 0.T S ~,t~~s~~~ e. APPEAL REQUEST I, ,wish to appeal the suspension of (Check One) Me My child, This suspension was issued by the Park Superintendent on the day of , 20 The best place to notify me during normal working hours (8:00 a.m.-5:00 p.m.) of the date and time of hearing is by phoning me at , or by delivering notice to the following address: I will be available to attend a hearing at any time between 8:00 a.m. and 5:00 p.m. any weekday during the next twenty (20) days except: Date: Signature Printed Name NOTICE To: You are hereby notified that because of your child's, misconduct on at ,consisting of your child's, patronage is no longer welcome at the following parks and/or programs of the South Bend Park Department: This suspension shall last until Your child is not barred from any parks or programs not listed above. Should your child, enter these premises at any time after you have been served this notice your child could be prosecuted for trespass and subject to a find of up to $5,000.00 and imprisonment for up to one year as provided in I.C. 35-43-2-2. Dated this day of , 20 South Bend Park Superintendent You may appeal this suspension by filling out a written appeal form at the Park Department headquarters, 321 E. Walter Street, South Bend, Indiana, 46614, by 4:30 p.m., , 20 Came to hand this day of , 20 Served on the within named ,this day of 20 Served By: Witnessed By: NOTICE To: You are hereby notified that because of your misconduct on at , consisting of your patronage is no longer welcome at the following parks and/or programs of the South Bend Park Department: This suspension shall last until You are not barred from any parks or programs not listed above. Should you enter these premises at any time after you have been served this notice you will be prosecuted for trespass and subject to a find of up to $5,000.00 and imprisonment for up to one year as provided in I.C. 35-43-2-2. Dated this day of , 20 South Bend Park Superintendent You may appeal this suspension by filling out a written appeal form at the Park Department headquarters, 321 E. Walter Street, South Bend, Indiana, 46614, by 4:30 p.m., , 20 Came to hand this day of , 20 Served on the within named ,this day of 20, Served By: Witnessed By: TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 27-06 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR ENACTMENT OF PARK RULES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council as favorable as substituted by: 1. The title has been changed to more fully reflect the substance of the Ordinance. 2. In the proposed Section 19-79(b) the limit of a three year ban imposed for even a second offense. 3. Also in the proposed Section 19-79 the time for filing the appeal is reduced from ten (10) to five (5) days. This should still be more than adequate to address any due process questions per Judge Miller's opinion in Brown v. Michigan City, a case decided last September in the local federal district court arising out of the banning of an individual from Washington park in Michigan City. Roland Kelly Chairman 1400 COUNTY-CITY BUILDING 227 W. JeFFFRSON BOULEVARD SovTx BEND,INDUNA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY Mr. Timothy Rouse President, South Bend Common Council 4`'' Floor, County-City Building South Bend, IN 46601 Re: Substitute Bill 27-06 Dear Mr. Rouse: PHONE 574! 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 ALADEAN M. DEROSE July 18, 2006 CHIEF ASSISTANTCITYATTORNEY Please accept for filing this Substitute Bill 27-06. Since the original Bill was filed, discussions with the Council and further legal studies resulted in the three changes. The three changes are: 1. The title has been changed to more fully reflect the substance of the Ordinance. 2. In the proposed Section 19-79(b) the limit of a three year ban imposed for even a second offense. 3. Also in the proposed Section 19-79 the time for filing the appeal is reduced from ten (10) to five (5) days. This should still be more than adequate to address any due process questions per Judge Miller's opinion in Brown v. Michi ag~n City, a case decided last September in the local federal district court arising out of the banning of an individual from Washington Park in Michigan City. At its regularly scheduled meeting on July 17, 2006, the Board of Park Commissioners adopted the following rules: 1. Park Superintendent shall have the authority to suspend or ban ("Suspension") any person from any park(s) or park program(s) subject to these rules. 2. The Superintendent shall notify the suspended person by delivery of a written notice to that person or that person's last known residence. The notice shall state the underlying facts which are the basis of the Superintendent's decision and the rights of appeal. 3. Any appeal from the suspension shall be in writing, and filed at the offices of the Park Superintendent within five (5) days after service of the notice. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH ~r JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN Page 2 Mr. Timothy Rouse July 18, 2006 4. If a timely written appeal is filed, the suspension shall remain in effect until the Hearing Officer's decision. However, if the Hearing Officer does not render a decision within twenty (20) days after the filing of the appeal, the suspension shall be lifted until such time as the decision is rendered. 5. A Park Commissioner will be designated to serve as the Hearing Officer on a yearly basis. If the designated Hearing Officer is unavailable, the Board President has the authority to appoint a Hearing Officer. 6. All relevant evidence is admissible at a hearing except privileged communications. 7. The appeal hearing shall be set at the earliest convenience of the Hearing Officer who shall take into consideration the schedules of the Park Superintendent, the appealing party, and known witnesses. 8. The appeal hearing will be closed to the public (including non-party witnesses when not testifying) except by the agreement of the Park Superintendent, the appealing party, and the Hearing Officer. 9. it. 10. 11. one day. The Hearing Officer may reduce the scope of the suspension, but may not increase The Hearing Officer will notify the parties of his decision in writing. These procedures do not apply to the ejection of a person from a park or program for Also at the meeting, Board President Bob Henry appointed Robert Goodrich as Hearing Officer. Finally, I am attaching drafts of the Notices of Banning and the Appeal Request to be used in connection with this procedure. Thank you for your consideration of this matter. Very truly yours, _ ~ Thomas L. odnar TLB/cw cc: Phil St. Clair Assistant City A J U L 1 9 ~OOo JGHt~ YGUR~E CfTY CLERK, SG. SE~lD, IN. - _-