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HomeMy WebLinkAbout9504-04 Amend Chapter 13, Article 4 - Addressing Violations and Penalities for Loud and Raucous Noise (2)ORDINANCE No. 9504-04 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana April 27, 04 20 City Clerk esident of Common Council City Clerk April 28, 04 Approved and signed by me 20 Mayer April 26, 20 04 Substitute Bill No. 25-04 Ordinance No. 1 5~~~.-~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITH CHAPTER 2 ,ARTICLE 1 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING REGULATIONS GOVERNING THE COMMON COUNCIL STATEMENT OF PURPOSE AND INTENT The mission statement of the South Bend Common Council provides that the Council shall take action "to make certain that our City government is always responsive to the needs of our residents and the betterment of South Bend is always our highest - priority". - In keeping with the Council's mission statement, the South Bend Common Council has determined that certain amendments to its governing rules and regulations are necessary in order to help improve the many services provided by the Council to the citizens of South Bend. This ordinance is believed to be in the best interests of the City and its citizens. ~~ ~i~e~~ ~ if o~a~z,~eed by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 1, Section 2-8 of the South Bend Municipal Code which addresses "Decorum and Debate Regulations" is amended by the by the inclusion of new paragraph (o) which shall read in its entirety as follows: (o) Persons in the Council Chambers shall turn their cell phones and payers to their silent mode when the Common Council is in session. Section II. Chapter 2, Article 1, Section 2-9 (v) of the South Bend Municipal Code which addresses "Parliamentary Procedure for the Common Council" is amended by the by the inclusion of new sub-paragraphs (8) and (9) which shall read in their entirety as follows: (8)Any substitute proposed resolution or substitute proposed ordinance filed with the City Clerk for Council consider which is filed to replace an original filing with that office, must be accompanied with a cover letter which summarizes the changes being recommended in the substitute version. (9) The signatory section for a bill or proposed resolution shall read as follows: Member of the Common Council Ordinance Regulating the Regulations of the Common Council Page 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock .m. Mayor of the City of South Bend, Indiana Section III. The first paragraph of Chapter 2, Article 1, Section 2-9 (w) of the South Bend Municipal Code which addresses "Parliamentary Procedure for the Common Council" is amended to read as follows: (w) Every bill filed for ordinance consideration shall be read a total of three (3) times by title by the Clerk. If a bill's title was amended in the Committee of the Whole, the amended title shall be read by the Clerk at third reading. No bill shall be read the third time at the same meeting it is introduced unless by unanimous roll call vote of all Council Members present. Additionally there must be at least two-thirds of the entire Council present to carry such a motion. Section IV. Chapter 2, Article 1, Section 2-9 (x) of the South Bend Municipal Code is amended to read as follows: (x) No bill filed for ordinance consideration or proposed resolution shall appear on the agenda of a regular meeting of the Common Council unless said bill or proposed resolution has been properly filed in the Office of the City Clerk on or before the Wednesday at 12 noon immediately prior to said regular meeting. All such filings shall be on 8 1/2" x 11"white paper andlor filed Ordinance Regulating the Regulations of the Common Council Page 3 electronically with the Office of the City Clerk, along with a proper cover letter as further addressed in paragraph (v) (4) of this Section. In matters dealing with proposed rezonings, tax abatements, vacations of public property, variances and special exceptions, or any other matter where a petition or other document is required at time of filing, all required attachments must be filed at time of filing the bill or proposed resolution. Any exhibits referenced in a bill or proposed resolution must accompany the document at time of filing. In the event that a filing is not complete, the Office of the City Clerk may reject a proposed filing as further addressed in paragraph (v) (3) of this Section. Commendation resolutions maybe filed on 8 %2" x 14" white paper and/or filed electronically with the Office of the City Clerk. This subsection is not applicable to special meetings. The City Clerk's office may reject all ordinances and resolutions not meeting the filing deadline, or in the alternative, may schedule such late filing(s) for the next subsequent Council meeting agenda. Section V. Chapter 2, Article 1, Section 2-10 of the South Bend Municipal Code entitled "Eleven Standing committees of the Common Council; Powers and Duties" is amended by the by the inclusion of new paragraph (p) which shall read in its entirety as follows: ~ All Council Members and all citizen members of a Council Standing Committee shall abide by the State of Indiana's Uniform Conflict of Interest Disclosure Statement policies and procedures. Section VI. Chapter 2, Article 1, Section 2-11 (d) (4) of the South Bend Municipal Code entitled "Committee of the Whole of the Council: Composition; Procedure; Powers and Duties" is amended to read in its entirety as follows: (4) Formal presentation in favor of the bill or proposed resolution which shall not be subject to a time limitation. Common Council Members shall have the right to ask preliminary questions to the presenter(s) immediately following the close of the formal ,presentation. Members of the public supporting the bill or proposed resolution shall then have the opportunity to address the Council. Each member of the public shall be required to state his or her name and residential address; or in the case of a proposal made on behalf of an entity other than a natural person, the person and/or their agent shall state their name and business address for the record prior to making remarks in support of the bill or proposed resolution. Each member of the public shall be limited to five (5) minutes for his or her presentation. Ordinance Regulating the Regulations of the Common Council Page 4 Section VII. Sub-paragraph (13) of Chapter 2, Article 1, Section 2-12 of the South Bend Municipal Code entitled "Council Meetings; Order of Business" is amended by the inclusion of new sub-paragraphs (12) (a) and (b), and new sub-paragraph (13) (e) which shall read in their entirety as follows: (12) New Business; (a) Council Members serving as representatives on other committees, commissions, boards, etc. (e.a. Area Plan Commission, Michiana Area Council of Governments (MACOG), Century Center Board of Managers, Solid Waste Management Board, etc.l shall provide verbal update(s) on meetings which they have attended in the past two (2) weeks; and (b) Council Members may announce upcoming events, meetings, etc. (13) Privilege of the Floor: ~ The Council President may assign a topic raised by an individual during the Privilege of the Floor to the appropriate Council Member; andlor request the City Clerk to contact a member of the City Administration for review and comment. All topics assigned shall be responded to at the next regularly scheduled Common Council meeting. Section VIII. This ordinance shall be in full, force and effect from and after its passage by the Common Council and approval by the yor. u t Karen L. White, Council r ident Member of the Common Council ohn orde, City Clerk ~zeaer~ed by me to the Mayor of the City of South Bend, Indiana, on the 2-~~ day of April, 2004, at ~'- b(~ o'clock /~. m. c ~- Janice boom, Deputy City Clerk Ordinance Regulating the Regulations of the Common Council Page 5 s~i~~ino ~~ed ~xa~ ~, o~r~ea~ by me on the day of ~ , 2 t~s , at 3 : So o'clock~.m. ,L~,, Stephen J. L e e Mayor of the City of South Bend, Indiana 1st READING y'~Z-0~ PUBLIC HEARING ~~1.(~-D~ a-S Stl,a~~''~"'~ 3 rd READING ~"Lb -0~ Lt5 S ~~~-~t~ NOT APPROVED REFERRED ~ r PASSED C{--Zb-Q~ [~ ~ Su_~jS~~~~ Filed in Cierk's Office 11PR 1 6 2~0' JOHN VOORDE CRY CLERK, S0. BEND, NI. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 25-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITH CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING REGULATIONS GOVERNING THE COMMON COUNCIL 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 04 sol ii ~ iH~B~`1.p • ,~„~ ~! x City of South Bend ~ ,~ -~ a Common Council « 1865 ~ 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Karen L. White Apri16, 2004 President (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www ci.south-bend.in.us Members of the South Bend Common Council Roland Kelly 4th Floor County-City Building Vice-President South Bend, Indiana 46601 Sean Coleman Chairperson, Committee: Proposed Ordinance Amending the Council's Governing Regulations of the Whole Dear Council Members: Derek D. Dieter First District As mentioned to you earlier, I believe that various amendments to Chapter 2, Pfeifer Charlotte D Article 1 of the South Bend Municipal Code which address the governing . Second District regulations of the Common Council are needed. Accordingly, the attached ordinance sets forth proposed amendments which are aimed at improving some of Roland Kelly the many services which we provide as a Council to our community. Third District More specifically, the proposed amendments would: Ann Puzzello Fourth District 1. Require a cover letter to be filed with the Office of the City Clerk along with a proposed substitute bill when a bill is David Varner substituted which summarizes the proposed changes. Fifth District Ervin Kuspa 2. Include new signatory areas for the City Clerk and the Sixth District Mayor to formalize all ordinances and resolutions. Sean Coleman 3. Permit the City Clerk to read a new title on 3rd reading if At Large the title to a bill was amended during the Committee of the Whole. Al "Buddy" Kirsits At Large 4. Require filings to be on 8 %" x 11" white paper and/or by Karen L. White electronic filing with the Office of the City Clerk; except At Large that commendation resolutions may continue to be filed on 8 %z" x 14" paper to allow signatures of all Council Kathleen Cekanski-Farrand Members. Council Attorney 5. Require all exhibits and petitions to be filed along with bills and proposed resolutions and cover letters at time of filing with the Office of the City Clerk. 6. Require compliance with the State of Indiana's Uniform Conflict of Interest Disclosure Statement for Council Ordinance Amending Regulations Governing the Common Council Apri16, 2004 Page 2 Members and citizen members who sit on Standing Committees. (I am attaching a copy of the state form for informational purposes only) 7. Permit Council Members to ask preliminary questions immediately after a formal presentation on a bill or proposed resolution. 7. Permit the Council President to assign a topic raised during Privilege of the Floor to the appropriate Council Member and/or to ask the City Clerk to contact a member of the City Administration for review and comment, with a formal response being given at the next regularly scheduled Common Council meeting. I look forward to discussing this proposed ordinance with you. I recommend that the Bill be sent to the Council Rules Committee for review and recommendation, and be set for public hearing at the April 26~' Common Council meeting. Thank you. Sincerely, Karen L. White Council President South Bend Common Council Attachments Filed in Clerk's Office l~PR 6 20~D~ JOHN VOORDE CITY CLERK, S0.9END, tN.