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Home My WebLink About9503-04 Amend Chapter 13, Article 4 - Addressing Violations and Penalities for Loud and Raucous NoiseORDINANCE No. 9503-04 Passed by the Common Council of the City of South Bend, Indiana April 26, Attest: Attest: 20 04 u x~ Presented by me to the Mayor of the City of South Bend, Indiana April 27, 04 20 Ciry Clerk President of Common Council City Clerk April 28, Approved and signed by me 20 Mayor Substitute Bill No. 24-04 Ordinance No. ~ S 03 '~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57.05 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VIOLATIONS AND PENALITIES FOR LOUD AND RAUCOUS NOISE STATEMENT OF PURPOSE AND INTENT The last time the South Bend Common Council reviewed the penalties and violations for loud and raucous noises was in 1992. Since that time loud and raucous noises have continued to be a disturbance to the comfort, peace, health and safety of the citizens and business owners of South Bend. The current fines for violations have done little to lessen noise in our city. Data shows that citations for noise offenses between 2002 and 2003 increased by 276%. 219 noise citations were issued in 2002 and 605 citations were issued in 2003. This ordinance is proposed to increase the fine amounts for noise and raucous noise violations and to eliminate "calendar year" from the violation provisions. The proposed amendments are believed to be in the best interests of citizens and the City of South Bend, Indiana. Section I. Chapter 13, Article 4, Section 13-57.05 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 13-57.05 Violations; Penalties; and Deposits of Fine Monies. (a) Any person violating any provisions of section 13-57 addressing loud and raucous noise regulations shall be subject to the following fines: (1) ~~~•~ a^"~r° ~~A} One hundred dollars ($100.00) for a first offense; (2) Two hundred fifty dollars ($250.00) for a second ; (3) Five hundred dollars for a third offense and every subsequent °~~ r~° ~-~~*'~~^ *'~° ° ° ^^'°^a^-- •~°^r °~ (b) Any person issued a citation for violating any provision of Section 13-57 shall make payment through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of a citation for violation any provision of section 13-57 shall result in the assessment of a late fee of fifty dollars ($50.00). Ordinance Regulating Noise Regulations-Substitute Bill No. 24-04 Page 2 Filed to Clerk's Office JOHN VOORDE CITY CLERK, S0. BEND, RM. (c) A citation for a violation of section 13-57 shall be issued to the responsible party. A responsible party is defined as the person shown to have exclusive possession of the property (a present possessory interest). If no responsible party is present upon the premises, the responsible party is deemed to be the property owner(s), as determined by reference to the records of the St. Joseph County Assessor. In such an instance, copies of the citation must be mailed to the property owner as determined from the Assessor's records. (d) One hundred percent (100%) of all monies collected and retained _b_y the City for violation of Sec. 13-57 addressing loud and raucous noise regulations shall be deposited into the Police Department Training Fund (Fund # 220). Such monies shall be used solely for the purnose designated for such fund. Any and all interest earned on the monies deposited in Fund # 220 shall not revert to the general fund. The Department of Administration and Finance shall send monthly written reports to the Office of the City Clerk detailing the amount of money collected and the amount of interest earned, with such reporting being filed no later than the last business day of each month. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and al public tion. Council Member Derek .Dieter 1St District Council Member Member of the Common Council hn orde, City Clerk ~i~ea~~,e~Gby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the 2?~ day of April, 2004, at ~ Lo0 o'clock ~. m. Janic alboom, Deputy Clerk ~r~,za~ed and a,~~ze~Lby me on the ~ day of April 2004, at3:fo o'clock ~.m. _ ,~-,,. Gwr~-_ Stephen J. L e Mayor of the City of South Bend, Indiana 1 st READING `1'~~= O`~ ! s -.~N PUBLIC HEARWG ~-l~-O~ QS su~~-~, 3 rd READING ~ L!,' Ou ~ S S u,`o .s-~-t-~„~S `~\ NOT APPROVED REFERRED ( ~`~ PASSED ~{ -L(o-ey A- S Sub TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 24-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57.05 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VIOLATIONS AND PENALITIES FOR LOUD AND RAUCOUS NOISE 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. Sean Coleman Chairman City of South Bend Co~nmon Council 441 County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Karen L. White Members of the Common Council Apri120, 2004 President 4a' Floor County-City Building South Bend, Indiana 46601 Roland Kelly Vice-President Re: Substitute Bill No. 24-04 Loud and Raucous Noise (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www ci.south-bend.in.us Sean Coleman Chairperson, Committee Dear Council Members: of the Whole Since filing the original proposed ordinance which recommends raising Derek D. Dieter the fines for violating the City's loud and raucous noise regulations, I have First District received many calls from members of the public in support of this proposal. The April 5, 2004 Time magazine article which I attached to the original filing points Charlotte D. Pfeifer out some of the many health concerns related to loud and raucous noises. Second District Roland Kelly The attached Substitute Bill would add "and Deposits of Fine Monies" to Third District the title of Section 13-57.05, and it would add new paragraph (d). The Common Council has emphasized the need for training of city employees on many Ann Puzzello occasions. The proposed new paragraph would: Fourth District 1. Earmark 100% of the monies collected to the Police David Varner Department Training Fund (Fund # 220); Fifth District 2. Would require that all interest earned on monies deposited Ervin Kuspa into Fund # 220 would stay with that account; Sixth District Sean Coleman 3. Would require the Department of Administration and Finance At Large to file by the last business day of each month a written report detailing the amount of money collected AND the Al "Buddy" Kirsits amount of interest earned. At Large I believe that these amendments would benefit the City by providing a Karen L. White specific training use which can be tracked for 100% of the revenues collected. I At Large further believe that by adding the reporting requirement of the Controller's Office, Kathleen, Cekanski-Farranc~-at the Council will be better able to evaluate the effectiveness of the overall Council Attorney program. It should be noted that Section 14-11 of the South Bend Municipal Code designates that 50% of all curfew fine monies collected be. deposit the Juvenile Positive Assistance Fund which assists in DARE and assists in o~ier police activities. T encourage each of yo o support this amendment. Th ~ . ' ~ C _ ~ Sincerely` .~ Council Member Derek D. Dieter, Personnel and Finance Chairperson ~ V c ~o _d 1- -) ~~~ C~ S° ~ ~~ ~~ ~~;