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Home My WebLink About9692-06 Amend Chapter 18 - Prohibit Solicitation in the StreetsORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana August 14, 20 06 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 15, 06 ZO City Clerk President of Common Council City Clerk Approved and signed by me Au ~ u s t 16 , 20 0 6 ~~~~ ~~~- Mayer ORDINANCE NO. ~ b ~ ~ - ~ y° AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT SOLICITATION IN THE STREETS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 18 of the South Bend Municipal Code, to prohibit persons from stepping or reaching into public streets or rights of way for distribution of goods or materials or the soliciting of sales or charitable donations. The Common Council of the City of South Bend determines that the current Obstructing Free Passage of Streets ordinance provides protection to citizens from obstructions in the street which could result in injury or harm to citizens traveling on the streets of South Bend. However, additional measures should be taken to enhance the safety of the traveling public. The Common Council of the City of South Bend further finds that persons who step or reach into public streets to distribute information or items or to solicit sales or donations of money, credit, properly or other things of value increase the risk of traffic accidents and cause citizens to fear for their safety. Many citizens as well as officials of the South Bend Police Department and other City departments have expressed concern for the safety of persons stepping into the streets and for the traveling public as a result of this practice. The Common Council further finds that safe and reasonable means exist for persons, businesses and organizations to distribute information and items and to solicit sales and donations without impeding passage of the traveling public along the streets or rights of way. Such means include provisions for obtaining charitable solicitation and transient merchant licenses or other licenses from the City of South Bend. Such safe and reasonable means are available to all persons, businesses and organizations seeking to solicit sales and donations. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 18, Article 2, Section 18-20 of the South Bend Municipal Code, shall be, and hereby is, amended to read as follows: Sec. 18-20. Obstructing free passage of streets; exception. (a) No person by any means or in any manner shall collect together vehicles or any substance or materials so as to obstruct the free passage or use of any street. (b) No person shall at anytime std into any street or alley or use any object to reach over and into any street or alley for the ~umose of soliciting_any donations money, credit, property or other thing of value or for the purpose of selling distributing offering or attempting to sell, distribute or offer any merchandise membersh~ subscription ticket written material or other items Andperson found to be in violation of this subsection shall be fined one hundred dollars ($100 001 Fines issued pursuant to this subsection shall be payable through the Ordinance Violation Bureau pursuant to section 2-213 of this code. (l7j ~c,) The provisions of this section shall not apply to any person making an obstruction under any building permit or under any right granted by any provision of this Code, any ordinance or legal authority. f ej ,~ No owner or occupant shall push or move, or cause or permit to be pushed or moved, any snow or ice into any street in an amount or manner that may impede or hamper vehicular traffic flow or snow removal. Any person found to be in violation of this subsection shall be fined twenty-five dollars ($25.00). In addition, if such owner or occupant does not remove, or cause to be removed, all such snow or ice which has been so pushed or moved within four (4) hours after having received written notice to do so, the Board of Public Works or its designee may remove it and the owner or occupant shall be responsible for all costs incurred in such removal. If the owner or occupant fails to pay the costs within sixty (60) days, the City maytake legal action to collect same. (Code 1962, § 35-19; Ord. No. 7132-82, § 1) SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as required by law. At ity Jerk ._.--.. / ..~~ Member of th~ mon Council '~, , ~ , ~Pr~esented by me to the Mayor of the City of South Bend, Indiana on the -~~ day of ~, 2006, at `.`lv o'clock ,p .m. ~U City rk ~~~ -~c Approved and signed by me on the day of c , 2006 at ~ o'clock~.m. Mayor, City of Sdufh Bend, Ind n~l~~'C~ j17 C~GY~C,~ t St REIEDING 7 Zy -0 ! PU6LIC F-{EARlNG ~_ ~~`~e ~r r,~~.r~..~~`1 Jtli. 1 9 2005 3rd READING _'. ,~~, CtiS Su~S~~~°-~ NOT Ae~RO\ri:D~ t REFERRED t JCH?1 'JCCftCE PASScD ~- l `(-O (~ Cc 3 -~ ~.t,.#a r~-', ~~~, ~ CfiY CLF~ K, SC. BcA1D, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 47-06 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 18 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT SOLICITATION IN THE STREETS 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. Karen L. White Chairperson 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAY"OR DEPARTMENT OF LAW PxoNE574/235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE AUIDEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY July 19, 2006 Mr. Timothy A. Rouse, President Ms. Karen L. White, Chairperson, Health and Public Safety Committee South Bend Common Council 455 County-City Building South Bend, IN 46601 RE: Safe Street Ordinance Dear Council Members Rouse and White: Attached please find a copy of a bill which has been filed with the Clerk's office for consideration by the South Bend Common Council amending Section 18-20 of the South Bend Municipal Code to add a new subsection which prohibits individuals from stepping into any street or alley for the purposes of soliciting, selling, or distributing. The City Administration has received a number of complaints over the course of the past year of individuals in traffic at busy intersections soliciting donations or selling products. The solicitors are sometimes children. We met last year with the Council's Health and Public Safety Committee and committee members suggested that we obtain input from those who had obtained permits to solicit in the streets. We have sent letters and the only formal response we received was from Tom Edgerton on behalf of the South Bend Kiwanis Club. I have enclosed a copy of his Letter together with a memo from Ann- Carol Nash of this department indicating her summary of other comments and information we have received concerning this issue. Either I or another member of the Legal Department will present this bill at the committee meeting and hearing before the South Bend Common Council. Please let me know if you have any questions. Sincerely your ~' G .~,~~ Charles S. Leone City Attorney CSL/sra Attachments cc: Mayor Luecke Chief Fautz Ann-Carol Nash ~il~d tt ~i~~~~'~ Qf t~~e J U L 1 ~ 2n;5 ~k , ~ ~ ys^ ?4. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN