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Home My WebLink About10168-12 Amend Code Ch 13, Article 5, Section 13-75.5 Disorderly HousesORDINANCE No. 10168-12 Passed by the Common Council of the City of South Bend, Indiana July 9, Attest: Attest: 2012 Presented by me to the Mayor of the City of South Bend, Indiana July 10, Approved and signed by me [. 10 12 20— City Clerk President of Common Council 20 l Z City Clerk Mayor Substitute Bill No. 28 -12 Ordinance No. A 0 ( for - (Z- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13 -75.5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB - PARAGRAPHS 1, m, and n TO PARAGRAPH (a)(5) OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT On October 25, 1993, the South Bend Common Council passed Ordinance No. 8427 -93 which created the "Disorderly House Ordinance ". That ordinance was the result of South Bend residents voicing their concerns and outrage at the presence of buildings in their neighborhoods where such conduct fell "well below accepted community standards ". In an effort to deter such activities upon such premises, the City would provide notice and opportunity to abate the prohibited activity. Persons holding legal or equitable title in the real estate and its occupants are held responsible for the conduct occurring upon the premises, and would be held jointly and severally liable for any fines. The original Disorderly House Ordinance was subsequently amended by Ordinance No. 9240 -01 passed on August 13, 2001 and Ordinance No. 9602 -05 passed by the Common Council on July 25, 2005. These ordinances strengthened the regulations and added additional activities which would generate legal action under the ordinance. The proposed ordinance is aimed at further addressing activities which have negative and deleterious effects on neighborhoods. This ordinance would add violations of the Indiana state laws addressing activities related to prostitution, racketeering activity and criminal gang activity. These regulations are believed to be in the best interest of the City of South Bend. Section I. Chapter 13, Article 5, Section 13 -75.5 (a) (5) of the South Bend Municipal Code is amended by the addition of new sub - paragraphs 1., m., and n. which shall read as follows: ARTICLE 5. OFFENSES RELATING TO PROPERTY See. 13 -75.5 Disorderly Houses Prohibited. 1. Violations of any of the following Indiana statutes aovernin : 1. Prostitution in violation of Indiana Code § 35- 45 -4 -2; 2. Patronizing a prostitute in violation of Indiana Code § 35- 45 -4 -3; or 3. Promoting prostitution in violation of Indiana Code § 35- 45 -4 -4. m. Violations of any of the Racketeering activity in violation of Indiana Code § 35- 45 -6 -1. Substitute Bill No. 28 -12 Adding Prostitution, Racketeering, Drug Dealing, and Criminal Gang Activities to Disorderly House Regulations Page 2 n. Violations of any of the following Indiana statutes governing: 1. Criminal gang activity ctivity in violation of Indiana Code § 35- 45 -9 -3 2. Criminal gang intimidation in violation of Indiana Code § 35- 45 -9 -4; or 3. Criminal gang recruitment in violation of Indiana Code & 35- 45 -9 -5. o. Violations of any of the following Indiana statutes governing: 1. Dealing in cocaine or a narcotic drug in violation of Indiana Code § 35- 48 -4 -1; 2. Dealing in methamphetamine in violation of Indiana Code § 35- 48- 4 -1.1; 3. Dealing in a schedule I, II or III controlled substance in violation of Indiana Code § 35- 48 -4 -2, 4. Dealing in a schedule IV controlled substance in violation of Indiana Code �. 35- 48-4-3; 5. Dealing in a schedule V controlled substance in violation of Indiana Code § 35- 48-4-4-4; or 6. Dealing in marijuana, hash oil, hashish, salvia or a synthetic drug in violation of Indiana Code 35- 48 -4 -10. 7. Use or possession of any of the substances described in (o) (1) through and including (6), above, or the sale, use or possession of any other illicit narcotics or dangerous controlled substances. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. 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. Council Member Tim Scott 1 st District Council Member Substitute Bill No. 28 -12 Adding Prostitution, Racketeering, Drug Dealing, and Criminal Gang Activities to Disorderly House Regulations Page 3 Attest: ®® pp — City Clerk 3resentecC by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the LOL—day of 2012, at (`< <3 o'clock . m. Janice T boom, Deputy Clerk 4nrr0vecCand`si i yned` by me on the 1° day of 7 v1- i , 2012, at S o'clock ram Q , LS--( L 1 St READING PUBLIC HEARIN S /t C Cus 5SLLW\ �.� A 3,8 READING Q�i NOT APPROVED REFERRED PASSED _1 L ct S S`" S �I-V � Pete Buttig' g Mayor of the City of South Bend, Indiana Filed in Clerk's offi, ., JUL 66 20 2 JORN vookopp l CITY CLERK, S0UTH Fp . ,,t TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 28 -12 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 5, SECTION 13 -75.5 DISORDERLY HOUSES PROHIBITED BY THE INCLUSION OF NEW SUB- PARAGRAPHS I, m, and n TO PARAGRAPH (a) (5) OF THE SOUTH BEND MUNICIPAL CODE 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 by adding new language in new sub - paragraph (o) (7) which appears on page 2. This bill was heard by the Health and Public Safety Committee. Karen L. White Chairperson, Committee of the Whole Derek D. Dieter President City of South Bend Common Council 441 County -City Building . 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http://www.southbendin.gov Oliver J. Davis July 6, 2012 Vice - President sub - paragraph (o) (7) which appears on page 2. Oliver J. Davis Sixth District Members of the Common Council Karen L. White 4h Floor County -City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole This substitute bill reflects a team effort, which I believe is worthy of your support. Tim Scott Re: Substitute Bill No. 28 -12 First District Ordinance Adding Prostitution, Racketeering, Drug Dealing, and At Large Criminal Gang Activities to Disorderly House Regulations Henry Davis, Jr. Second District Dear Council Members: Valerie Schey Since filing the draft of Substitute Bill No. 28 -12 addressing improvements to the Third District Disorderly House regulations, we have had the opportunity for internal discussions Fred Ferlic with the Legal Department and Code Enforcement who would be implementing the Fourth District regulations. David Varner These representative departments have recommended the language set forth in new Fifth District sub - paragraph (o) (7) which appears on page 2. Oliver J. Davis Sixth District The proposed regulations will be implemented as a pilot program and will be re- cc: Aladean DeRose, Interim City Attorney visited in the next ninety (90) days to see if any further revisions are warranted. Derek D. Dieter recur '' a At Large This substitute bill reflects a team effort, which I believe is worthy of your support. Thank you. Gavin Ferlic At Large cerel Karen L. White At Large Tim Scott 1st District Council Member r ale WS Attachment _, 1 it cc: Aladean DeRose, Interim City Attorney Catherine Toppel, Code Enforcement Executive recur '' a Ann -Carol Nash Assistant City Attorney=` r x i -