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Home My WebLink About8427-93 Amending Article 5 of Chapter 13 Prohibits the Presence of Disorderly Houses • ORDINANCE No. 8427-93 Passed by the Common Council of the City of South Bend, Indiana_ October 25, 93 - r9 Attest: Yta-trLe- Cic y Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— October 26, 19 93- City Clerk IRENE K. GAMMON Approved and signed by me /v -2( 19 93 e Z Mayor • • ORDINANCE NO. ?,,l-C 3 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 5 OF CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE ESTABLISHING AN ORDINANCE WHICH PROHIBITS THE PRESENCE OF DISORDERLY HOUSES IN THE CITY OF SOUTH BEND. Statement of Purpose and Intent Residents in various neighborhoods throughout the City of South Bend have voiced their concern and outrage at the presence of individual structures interspersed throughout the neighborhoods where conduct falling well below accepted community standards repeatedly occurs upon the premises . Examples of such conduct which occurs at these structures includes, but is not limited to, loud and raucous noise, gambling, battery, discharge of firearms, and disorderly conduct . Thus, in an effort to deter the aforementioned conduct, this ordinance specifically defines what conduct is prohibited upon the premises and provides that if such prohibited conduct occurs upon the premises after the City has provided notice and opportunity to abate the prohibited conduct, the structure is deemed to be a "disorderly house" and as such constitutes a public nuisance. Persons holding legal or equitable title in the real estate and the occupants of the premises are responsible for the conduct occurring upon the premises and thus are jointly and severally liable for any fines imposed pursuant to this ordinance. For too long, the existence of these disorderly houses have sapped the valuable time and scarce resources of the South Bend Police Department . Further, in many instances, this prohibited conduct is so persistent and offensive that it substantially interferes with the surrounding residents' comfortable enjoyment of life or property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA, as follows : Section I . Article 5 of Chapter 13 of the South Bend Municipal Code shall be, and hereby is amended to add a new Section, Section 13-75 .5, which Section shall read in its entirety as follows : Sec . 13-75 .5 . Disorderly Houses; Prohibited. (A) Definitions . (1) For purposes of this section, "disorderly house" means a building, dwelling, establishment, premises or place where prohibited conduct occurs . If the building, dwelling, establishment, premises or place is a multiple-unit dwelling or residence, hotel or motel, or commercial or office building, this definition only includes the dwelling unit, room or suite of rooms in the hotel or motel, office rooms or suite, or store in which prohibited conduct occurs . (2) For purposes of this section, "occupant" means any person over sixteen (16) years of age whose domicile is the property upon which the prohibited conduct has been found to have occurred. (C) Contributing to the delinquency of a minor, as defined in I .C. 35-46-1-8; (d) Resisting law enforcement, as defined in I .C. 35-44-3-3; (e) Disorderly conduct, as defined in I .C. 35-45-1-3; (f) Criminal recklessness, as defined in I .C. 35-42- 2-2; (q) Discharge of firearms, as prohibited by Section 13-58 of the South Bend Municipal Code; (h) Loud and raucous noise, as prohibited by Section 13-57 of the South Bend Municipal Code, constitutes prohibited conduct whenever the City has obtained a judgment or judgments upon three or more citations for violations of Section 13-57 of the South Bend Municipal Code against a particular building, dwelling, establishment, premises or place within a calendar year. Further, for purposes of this section, when the fine for a Loud and Raucous noise citation is paid, either in whole or in part, the person or entity paving the citation is deemed to have violated Section 13-57 of the South Bend Municipal Code and such a payment constitutes a judgment with respect to that particular citation. (B) Public Nuisance. Whenever prohibited conduct as defined in subsection (3) occurs in or upon a building, dwelling, establishment, premises or place, the building, dwelling, establishment, premises or place is deemed to be a disorderly house and constitutes a public nuisance. (C) Notice to Abate. Whenever the South Bend Police Department has probable cause to believe that prohibited conduct has occurred in or upon a building, dwelling, establishment, premises or place, the City shall notify the recorded owner of the property as determined by the Records of the Assessor' s Office of St . Joseph County, any party with an equitable interest in the property, provided such equitable interest is recorded, and the occupants of the property that the building, dwelling, establishment, premises or place is a disorderly house and as such constitutes a public nuisance and that the public nuisance must be abated. (D) Manner of Serving Notice. Notice shall be provided to the recorded owner of the property, any party with an equitable interest in the property, and the occupants of the property in the manner provided by I .C. 36-7-9-25 . The recorded owner of the property, any party with an equitable interest in the property, and the occupants of the property are deemed responsible for any and all prohibited conduct occurring upon the premises . (E) Penalty. Whenever prohibited conduct occurs upon a property after notice to abate the public nuisance has been provided pursuant to subsection (D) , the prohibited conduct constitutes a violation of this section and such a violation is punishable, upon conviction, by a fine of not less than two hundred and fifty dollars ($250 . 00) and not more than two thousand five hundred dollars ($2, 500 . 00) with each violation constituting a separate offense. The recorded owner of the property, any party with an • notice to abate the nuisance has been provided pursuant to subsection (D) , the City Attorney may file a civil action to abate or enjoin the nuisance and to collect whatever fines have accrued for a violation of this section. (G) Monies Deposited in Special Fund. Fifty (50) percent of all monies collected and retained by the City for a violation of this section shall be deposited in the South Bend Police Department Ordinance Violation Fund and shall be used solely for the purposes designated therein. 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 otAhe Common Council • - IIIIIIIIIN-0.j ., $OU •g 4, :,t04_\\\\i •11 /mod �� \� , 1 „ ,mod^ K��r ',i" ?„, 1865 ,,;,s City of South Bend Joseph E. Kernan, Mayor Office of the Mayor October 20, 1993 Mr. Stephen Luecke, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: A substitute Ordinance amending Article 5 of Chapter 13 of the South Bend Municipal Code establishing an Ordinance which prohibits the presence of Disorderly Houses in the City of South Bend Dear Mr. Luecke: I am attaching for filing a substitute Ordinance amending Article 5 of Chapter 13 of the South Bend Municipal Code establishing an Ordinance which prohibits the presence of Disorderly Houses in the City of South Bend. Please be advised that the attached substitute Ordinance deletes subsection (h) formerly entitled "offenses relating to controlled substances as enumerated in I .C. 35-48-4 . " In the substitute Ordinance, Loud and Raucous noise appears as subsection (h) . I .C. 35-48-4-13 presently provides that a person who maintains a structure upon which the use or sale of illegal narcotics occurs may be prosecuted for a Class B misdemeanor. Thus, in order to avoid any legal entanglements regarding preemption by a State statute, the reference to controlled substances has been redacted. Further, given the success of the City' s Drug House ordinance, such a provision is duplicative. S ' • _-rely, Jam- _ ° . - aldwell Attachment 7/ County-City Building • South Bend, Indiana 46601 • 219/235-9261 • Telefax 219/235-9892