HomeMy WebLinkAboutAmending Article 1 Chapter 20 Time Limits & Answer Notice Parking Violations •
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ORDINANCE No. 8662-96
Passed by the Common Council of the City of South Bend, Indiana.
February 26, rq 96
Attest: � MArik. A a City Clerk
•RETTA . DUB '
Attest: / 0 � /1--&/ President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
February 27, 96
19
• /. � City Clerk
LORETTA J. DU
Approved and signed by me /.G7 Iqt
°iG " L' Mayor
ORDINANCE NO. 8 gQ- %
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 1
OF CHAPTER 20 OF THE MUNICIPAL CODE RELATING
TO THE TIME LIMITS TO APPEAR AND ANSWER TO
NOTICE OF A PARKING VIOLATION
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend portions of Article
1 of Chapter 20 of the Municipal Code to extend the time limit in
which to appear and answer to a notice of parking violation from
five days to fourteen days.
NOW THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana, as follows:
Section I. Sections 20-17 through 20-19, Article 1, Chapter
20 of the South Bend Municipal Code are amended to read as follows:
Sec. 20-17 . Violations; notice; contents; copies.
(a) The Police Department shall enforce the provisions of
this chapter. Additionally, the City of South Bend, acting by and
through its Board of Public Works, may provide for the enforcement
of this chapter by contract with a private party, subject to the
following conditions:
( 1) Any private party under contract to enforce the
provisions of this chapter shall comply with any and all rules,
regulations, practices and policies of the City and shall cause the
enforcement of this chapter by its agents and/or employees to be
undertaken in accordance with all rules, regulations, policies and
practices.
(2) Any private party under contract to enforce the
provisions of this chapter and any of its agents and employees
shall perform all duties under such contract in accordance with any
and all instructions received from the City' s designated agent or
agents.
(3) All employees or agents of a private party under
contract to enforce the provisions of this chapter who are assigned
to enforce the provisions of this chapter must first obtain a
special commission from the Board of Public Safety, revocable at
the discretion of the Board of Public Safety, authorizing them to
undertake such enforcement activities. Under no circumstances, .
however, shall any such individual by virtue of such commission be
deemed an employee, servant, officer or agent of the City.
(4) Any private party under contract to enforce the
provisions of this chapter shall cause to be issued by its
employees or agents violation notices on forms prescribed by the
Police Department.
(b) Whenever a member of the Police Department or other
person charged with the enforcement of this chapter finds that any
section or sections are being violated or have been violated by the
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owner or operator of any vehicle, he shall notify the owner or
operator of such vehicle, in writing, on a form to be provided by
the City, of such violation.
(c) The notice shall:
(1) Be made in duplicate;
(2) Be serially numbered;
(3) Show the specific violation charged;
(4) Show the registration or State license number of the
vehicle involved;
(5) Show the violator' s name, address, and operator' s
license number, if possible to obtain the same; and
(6) State any other information which the officer may
then and there discover.
(d) One ( 1) copy of the notice shall be presented to the
violator, owner, or operator of such vehicle. In case such
violator, operator, or owner shall not be in possession of the
vehicle, the posting of such notice or the attachment thereof to a
conspicuous place on such vehicle shall be deemed a sufficient
notice of such violation. The notice shall require the person
notified to appear within fivc (5) dayo fourteen ( 14) days of the
issuance of the notice at the Ordinance Violations Bureau and at
that time make payment of the fine assessed. The officer serving
such notice shall file the duplicate copy in the office of the
Ordinance Violations Bureau.
(e) In addition to those individuals and entities set forth
elsewhere in this section, Department of Code Enforcement
Inspectors who have obtained a special commission from the Board of
Public Safety and specially commissioned civil defense police
officers of the South Bend Police Department shall have the power
to enforce the provisions of this chapter, subject to the
conditions set forth elsewhere in this section. (Code 1962, §-25-
66; Ord. No. 5080-69; Ord. No. 8179-91, § 4; Ord. No. 8187-91, § 2)
Sec. 20-18. Answering notice on overtime parking; payment of
fine.
The owner or operator who has been notified of a violation of
the parking regulations as herein provided, may, within fivc (5)
days fourteen ( 14) days after being notified, answer at the office
of the Ordinance Violations Bureau to the charge of such violation
as set forth in such notice and pay a prescribed fee of five
dollars ($5.00) in settlement of the offense or charge, or fifteen
($15.00) after the expiration of fivc (5) dayo fourteen (14) days.
An acceptance of the payment of the fee and the authority by the
Clerk shall be deemed complete satisfaction for the violation and
the violator shall be given a receipt which so states. (Ord. No.
5399-72, § 1; Ord. No. 7657-86, § 1; Ord. No. 8139-90, § 1)
Sec. 20-19. Failure to comply with notice; owner' s responsi-
bility; penalties.
(a) Whenever a person who has been issued a notice as
provided in section 20-17, fails or refuses to appear within fivo
(5) dayo fourteen ( 14) days after service of such notice at the
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Ordinance Violations Bureau or having appeared fails or refuses to
pay the Clerk the fee in settlement of the charge and violation,
then the Ordinance Violations Bureau shall send to the owner of the
motor vehicle to which the notice was affixed a notice informing
him of the violation and informing him of the penalty prescribed
under section 20-18 for which he will be held responsible. In the
event such notice is disregarded for a period of five (5) days a
complaint for ordinance violation will be filed.
(b) If it is necessary to issue a complaint for ordinance
violation the person named therein shall, upon conviction, be
subject to the penalties prescribed in Section 1-23 of this Code.
(Ord. No. 8179-91 S 5)
Section II. This ordinance shall be in full force and effect
from and after its adoption by the Common Council, approval by the
Mayor, and legal publication.
Member, South Bend Comm Council
Fill in r Officsst
1st READING N8Z3 1996
PUBLIC HEARING - o2(- 94
3 rd READING .2, 02 _9
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Your Committee of the Whole
to whom was referred
BILL NO.
12-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 20-18 OF THE SOUTH BEND
MUNICIPAL CODE ADDRESSING OVERTIME PARKING FINES
Respectfully report that they have examined the matter and that in their opinion
This bill has been recommended to the Council favorable, as
amended by substitution.
Chairman
Cleo Washington,
FREE PRESS Oteag.N PUBLISHING CO.
SOU TN B
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Office of the City Clerk
Loretta J. Duda, City Clerk
January 31, 1996
Roland Kelly, President
South Bend Common Council
County-City Bldg.
South Bend IN 46601
Dear Roland:
In reviewing and updating the Ordinance
Violation Bureau it was felt that the penalty
time on a parking ticket should be lengthened.
At the present time, a $5 ticket is increased
to $15 after five days. I have checked with
the City Clerk in Fort Wayne, and their
penalty is imposed after thirty days. After
discussion with the Police Department and the
Legal Department, we felt a reasonable time
would be fourteen calendar days.
We feel it would be in the best interest of
serving the public to give them more time to
pay parking tickets.
Sincerely,
Loretta J. Duda
City Clerk
455 County-City Building•South Bend,Indiana 46601 .219/235-9221 •Fax 219/235-9173 •TDD 219/235-5567
Jo Ann Harper Sandra Parmerlee Jan Hoffer
Chief Deputy Deputy Ordinance Violation Clerk