HomeMy WebLinkAbout10102-11 Approving Block Party Application Fee ORDINANCE Na . 10102-��
Passed by the Common Council of tlae City of South Bend,Indiana
June 27, 20 11
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Attest: -- �-- - -° � � City Clerk
JO iV VOO DE
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Attest: President of Common Council
Presented by me to the Mayor of tl:e City of South Bend, Indiana
June 28, 20 11
" -� Ciry Clerk
JO�IN VOO DE
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Approved and signed by me �u n e 2 8, 20 11
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SUBSTITUTE BILL 31-11
ORDINANCE NO. � �� 0�—` I �
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING BLOCK PARTY APPLICATION FEE
STATEMENT OF PURPOSE AND INTENT
The City of South Bend presently incurs costs of approximately $165.00 whenever a
South Bend citizen or group of citizens requests,through the South Bend Board of Public Works,
to use and block vehicular access to the public right-of-way for special events such as block
parties, neighborhood gatherings, hog roasts and similar events. The costs incurred by the City
include (1) processing the application (2) closing down the requested right-of-way and (3)
reopening it.
The number of persons applying for this right-of-way use has increased significantly in
the past year, with applications for single-owner, non-groups increasing most significantly. It is
reasonable, fair, and appropriate that there be a cost for this application and that the application
fee include aiid reflect a significant portion of the actual cost of the right-of-way closure process.
The matter of an application fee to close the public right-of-way was the subject of a public
meeting held by the Board of Public Works on February 28, 2011.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. For purposes of this Ordinance and Board of Public Works Procedure the
following definitions shall apply:
(a) Block Party: An event which uses and blocks access to a public right-or-way
requiring approval by the Board of Public Works.
(b) Non-Residential Block Party: A public assembly sponsored primarily by
business(es), including non-profits, having an enterprise(s) on a non-residential street for the
benefit of the public.
(c) Residential Block Party: A public assembly sponsored solely by and limited to
the actual residents of a block(s) on a certain street.
SECTION II. Application an�l Fee Required.
(a) At least four (4) weeks prior to a proposed residential block party or non-
residential block party, an "Application for the Use of and Blocking of access to Public Right-of-
Way for a Block Party" must be properly completed and filed by an applicant per Board of
Works procedure.
(b) The Board of Public Works is authorized to and shall charge and collect not less
than the following fees for any application filed requesting the closing of a public right-of-way to
vehicular traffic for purposes of holding a residential block party or non-residential block party:
(1) Non-Residential Block Party Fee $125.00
(2) Residential Block Party Fee $50.00
(c) All applications approved by the Board of Public Works shall be subject to the
Board's "Instruction Sheet" and a "Permit/Agreement" detailing governing rights and
responsibilities of the parties.
SECTION III. This Ordinance shall be in full force and effect from and after its adoption
by the Common Council and compliance with all requirements of law.
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Member, South Bend Common Council
Attest•
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_ Presented by me to the Mayor of the City of South Bend, Indiana on the � day of
J t,�,vv� , 20L1 , at `( •�J o'clock� m.
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Approved and signed by me on the Z� day of , 2 ,
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Mayor, ity of S Bend
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PASSFDI. �-Ll-�\ aS f�'���
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
31-11 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING BLOCK PARTY
APPLICATIONS FEE
RespectFully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation as substituted.
This bill was heard by the Personnel and Finance Committee.
Timothy Rouse
Chairperson, Committee of the Whole
S�u rH B�
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1400 CouNn=Crrr BurLp�xc .Fl��.•\ ��j d PHONE 574/235-9241
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227 W.JEFFFRSON BOULF.VARD � � Fnx 574/235-7670
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$OUTH BEND,IND�ntvn 46601-1830 's+N �\ ��� �'
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CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR
DEPARTMENT OF LAW
CHARLES S. LEONE ALADFrllV M. DEROSE
CI'IYATTORNF.Y CHJEF ASSISI'ANT CTT'YATTORNEY
June 23, 2011
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, county-City Building
South Bend, Indiana 46601
Re: Substitute Bi1131-11 -Block Party Application Fee
Dear Presider_t Deiter:
With the most helpful cooperation and assistance of Council Attorney Kathleen
Cekanski-Farrand, I have drafted and tender a Substitute Bill 31-11 approving application fees
for block parties.
This Substitute Bill is based on two core concerns; (1)that residential block parties which
are not for a private event like a birthday party should be permitted and (2) that the City should
recoup a portion of its actual costs when it closes a public street to accommodate a block party.
The Substitute Bill contains definitions for block parties generally, and for residential and
non-residential block parties in particular. It also sets two application fees: $125.00 for non-
residential block parties and$50.00 for residential block parties.
Thank you for your consideration of Substitute Bi1131-11.
Sincerely,
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Aladean M. DeRose
Fif�� 16� �����'�~�$�lC�
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JCDNh3 VOORDE
Ci�'CL�i��,SOUTH BEt�D,1�3
THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH
ANDREA L.BEACHKOFSKY LAWRENCE J.METENER JEFFREY L.SANFORD JOHN E.BRODEN
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