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ORDINANCE NO. g3eMU
AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL
AMENDING ARTICLE 4 OF CHAPTER 13 OF THE
SOUTH BEND MUNICIPAL CODE ESTABLISHING AN
ORDINANCE PROHIBITING THE USE OF MOTOR
VEHICLES FOR THE PURPOSES OF PATRONIZING,
PROMOTING AND/OR THE COMMISSION OF PROSTITUTION.
Statement of Purpose and Intent
Residents in various neighborhoods in the City of South Bend
are plagued with the problems posed by prostitution and the
concomitant deleterious resultant effects caused by the crime of
prostitution. It is readily apparent that many persons who
patronize or solicit prostitutes do so while in motor vehicles .
Thus, in an effort to discourage prostitution and offenses
related thereto, it is necessary to implement a system whereby
the City of South Bend is able to ensure the enforcement of
sanctions against persons who use motor vehicles in the
commission of such offenses by seizing and impounding those
vehicles until a penalty of $500 .00 is paid to the City of South
Bend and the applicable towing and storage fees are paid to the
towing agent .
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH
BEND, INDIANA, as follows :
Section I . Article 4 of Chapter 13 of the South Bend Municipal
Code shall be, and hereby is amended to add a new Section,
Section 13-55 .5, which Section shall read in its entirety as
follows :
Sec . 13-55 .5. Vehicles used for the purposes of soliciting,
Patronizing, and/or the commission of
prostitution.
(a) Definitions.
(1) For purposes of this section, "motor vehicle"
means every vehicle which is self-propelled,
including but not limited to automobiles, trucks,
vans, motorcycles, and motor scooters .
(2) For purposes of this section, owners of record"
means the record titleholders of the vehicle .
(3) For purposes of this section, a person engages in
conduct "knowingly" if, when the person engages in
the conduct, the person is aware of a high
probability that he or she is doing so.
•
(b) Conduct prohibited. A motor vehicle that is knowingly
used in the commission of prostitution as defined in
I .0 35-45-4-2, patronizing a prostitute as defined in
I .C. 35-45-4-3, or for promoting prostitution as
defined in I .C. 35-45-4-4 shall be subject to seizure
and impoundment under this section.
(c) Seizure and impoundment. Whenever a police officer has
probable cause to believe that a vehicle is subject to
seizure and impoundment pursuant to this section, the
police officer shall provide for the towing of the
vehicle to a facility controlled by the City or its
agents . This subsection shall not apply if the vehicle
used in the violation of subsection (b) was stolen at
the time of the alleged violation and the theft was
reported to the appropriate police authorities within
seventy-two (72) hours after the theft was discovered
or reasonably should have been discovered.
(d) Notice. Within twenty-four (24) hours after a vehicle
is seized and impounded, the police department shall
notify the owners of record and any person who is found
to be in control of the vehicle at the time of the
alleged violation of the fact of the seizure and of
their right to request a vehicle impoundment hearing to
be conducted under this section. Notice shall be
provided by certified mail . Notice shall be sent to
the owners of record and to any person who is found to
be in control of the vehicle at the time of the alleged
violation.
(e) Request for hearing. A request for a hearing must be
made within thirty (30) days of the seizure and
impoundment of this vehicle. The request for a hearing
must be made in writing to either the South Bend Police
Department or the South Bend City Attorney' s office. A
request for a hearing may be made by theowners of
record and/or any person found to be in control of the
vehicle at the time of the alleged violation.
(f) Failure to request hearing. If a request for a hearing
is not made within thirty (30) days of the seizure and
impoundment of this vehicle, the vehicle shall be
deemed abandoned and shall be disposed of in the manner
provided by law for the disposition of abandoned
vehicles .' The vehicle shall be released to the owners
of record, however, when a penalty of $500 . 00 is paid
to the City plus any applicable towing and storage fees
have been paid to the towing agent .
1 State law reference: I .C. 9-13-2-1; Abandoned Vehicles;
and I .C. 9-22-1-1 et seq. ; Abandoned Motor Vehicles .
•
(q) Hearing officer. Within five (5) days of receiving a
written request for a hearing, a hearing shall be held
before a hearing officer. The Mayor or his designee
shall serve as the hearing officer. All interested
persons shall be given a reasonable opportunity to be
heard at the hearing. The formal rules of evidence
will not apply at the hearing.
(h) Penalty. If, after a hearing, the hearing officer
determines by a preponderance of evidence that a
violation for which a penalty is applicable under this
section has occurred, the hearing officer shall enter
an order finding the operator of the vehicle civilly
liable to the City for a penalty of $500 and also
liable to the towing agent for any applicable towing
and storage fees . If the operator of the vehicle fails
to appear at the hearing, the hearing officer shall
enter a default order in favor of the City requiring
payment to the City of a penalty in the amount of $500
as well as payment to the towing agent for any
applicable towing and storage fees . If the hearing
officer finds that no such violation occurred, the
hearing officer shall order the immediate return of the
vehicle to the owners of record.
(i) Disposition of impounded vehicle. A penalty imposed
pursuant to this section shall constitute a debt due
and owing the City. A vehicle impounded pursuant to
this section shall remain impounded until (1) the
penalty of $500 . 00 is paid to the City and all
applicable towing and storage fees are paid to the
towing agent, in which case the owners of record shall
be given possession of the vehicle, (2) a bond in the
amount of $500 . 00 is posted with the City Attorney' s
office and all applicable towing and storage fees are
paid to the towing agent at which time the vehicle will
be released to the owners of record, or (3) the vehicle
is deemed abandoned pursuant to subsection (k) in which
case the vehicle shall be disposed of in the manner
provided by law for the disposition of abandoned
vehicles .
(j_) Posting of bond. If a bond in the amount of $500 . 00 is
posted with the City Attorney' s office, the impounded
vehicle shall be released to the owners of record. If a
$500 . 00 penalty is imposed for a violation of this
Section, the $500 .00 bond will be forfeited to the
City. However, in the event a violation of this
Section is not proven by a preponderance of the
evidence, the $500 . 00 bond will be returned to the
person or entity posting the bond.
(k) Failure to pay penalty. If the penalty and applicable
towing and storage fees are not paid within thirty (30)
days after a penalty is imposed pursuant to this
section, the vehicle shall be deemed abandoned and
shall be disposed of in the manner provided by law for
the disposition of abandoned vehicles .
(1) Judicial Review pending. Provided, however, the
vehicle shall not be deemed abandoned if a petition for
judicial review of the hearing officer' s determination
pursuant to I .C. 4-21 .5 et seq. is pending in a Court
of proper jurisdiction. Where a petition for judicial
review of the hearing officer' s determination is sought
pursuant to I .C. 4-21 .5-1 et seq. and is subsequently
resolved in favor of the City, the vehicle shall be
deemed abandoned and shall be disposed of in the manner
provided by law for the disposition of abandoned
vehicles if the penalty and applicable towing and
storage fees are not paid within thirty (30) days after
the resolution of this petition for judicial review.
(m) Monies deposited in special fund. Fifty (50) percent
of all monies collected and retained by the City for a
violation of this section shall be deposited in the
South Bend Police Department Ordinance Violation Fund
and shall be used solely for the purposes designated
therein.
Section II . This Ordinance shall be in full force and effect
from and after its adoption by the Common Council, approval by
the Mayor and legal publication.
Memb r of Common Council
Filed in Clerk's Office
1st READING G_/' 93
PUBLIC HEARING 02$'- 9g 9
3 rd READING � -
NOT APPROVED IRENE GABON
REFERRED CITY CLERK,SO.BEND,IN,
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Your Committee
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to whom was referred
BILL NO.
53-93 SECOND READING ON A BILL OF THE SOUTH BEND COMMON COUNCIL
AMENDING ARTICLE 4 OF CHAPTER 13 OF THE SOUTH BEND
MUNICIPAL CODE ESTABLISHING AN ORDINANCE PROHIBITING THE
USE OF MOTOR VEHICLES FOR THE PURPOSES OF PATRONIZING,
PROMOTING AND/OR THE COMMISSION OF PROSTITUTION.
Respectfully report that they have examined the matter and that in their opinion
This bill has been recommended to the Council favorable, as amended:
a. (2) Change to owners of record, rather than owner of record.
d. Change to owners of record, rather than owner of record
(two places in this section)
e. Change to owners of record, rather than owner of record.
f. Change to owners of record, rather than owner of record.
h. Change to owners of record, rather than owner of record.
i. Change to owners of record, rather than owner of record.
(two places in this section)
j . Change to owners of record, rather than owner of record.
Thomas Zakrzewski Chairman
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\�- ,, d 1.; City of South Bend
, ��\� I���� a Joseph E. Kernan, Mayor
%. 1865
Department of Law
Richard A. Nussbaum, II, City Attorney
June 7, 1993
Mr. Stephen Luecke, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
RE: An Ordinance of the Common Council of the City
of South Bend Amending Article 4 of Chapter 13 of
the South Bend Municipal Code Establishing an
Ordinance Prohibiting the Use of Motor Vehicles
for the Purposes of Patronizing, Promoting, and/or
the Commission of Prostitution.
Dear Mr. Luecke:
I am attaching for filing an Ordinance subjecting motor
vehicles knowingly used in the commission of prostitution as
defined in I .C. 35-45-4-2, patronizing a prostitute as defined in
I .C. 35-45-4-3, or for promoting prostitution as defined in I .C.
35-45-4-4 to seizure and impoundment . Whenever a police officer
has probable cause to believe that a motor vehicle is knowingly
being used in violation of this section, the vehicle shall be
seized and impounded.
Upon conviction for a violation of this Ordinance, the
impounded vehicle shall not be released to the owner of record
until a $500 . 00 penalty has been paid to the City and all
applicable towing and storage fees have been paid to the towing
agent . The hearing process spelled out in the Ordinance insures
that no penalty will be imposed pursuant to this Ordinance
without a vehicle owner having first received notice of his right
to request a vehicle impoundment hearing.
Your consideration and approval is respectfully requested.
Sincerely,
)e- I
tames ' -a dwel
`Administrative A sistant to
Neighborhoods
1400 County-City Building • South Bend, Indiana 46601 • 219/235-9241
Thomas L. Bodnar John E. Broden Aladean M. DeRose Jeffrey M. Jankowski
Jenny Pitts Manier Mary Hall Mueller Robert C. Rosenfeld