HomeMy WebLinkAboutAmending Chapter 13 increase fine for individuals who violate section 13-57 on more than one occasion ORDINANCE No. 8328-92
Passed by the Common Council of the City of South Bend, Indiana
December 14, Ig 92
Attest: City Clerk
IRENE K. GAMMON
Attest: �,---) ,�A' President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 15, 19_1_2
" City Clerk
IRENE K. GAMMON
Approved and signed by me December 17 19 9 2
° Mayor
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ORDINANCE NO. g3028)-- 9q
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4,
SECTION 13-57.05 OF THE MUNICIPAL CODE TO INCREASE
THE FINE FOR INDIVIDUALS WHO VIOLATE SECTION 13-57 OF
THE MUNICIPAL CODE ON MORE THAN ONE OCCASION
DURING A CALENDAR YEAR.
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 13 of the
Municipal Code to increase the penalty imposed upon individuals who
violate Section 13-57 of the Municipal Code, entitled Loud and
Raucous Noise, on more than one occasion during a calendar year.
Frequent violations of Section 13-57 of the Municipal Code result
in great disruptions to the neighborhood as such loud and raucous
noise disturbs the comfort, repose, health, peace and safety of
others within the city. It has been determined that the present
fine amount does not sufficiently deter persons who repeatedly
violate Section 13-57 of the Municipal Code. It is appropriate,
therefore, that the fine structure be graduated to deter repeated
violations of Section 13-57 of the Municipal Code.
NOW, THEREFORE, be it ordained by the Common Council of the
City of South Bend, Indiana as follows:
Section I. Chapter 13, Article 4, Section 13-57.05 of the
South Bend Municipal Code shall be, and hereby is, amended to read
as follows:
Section 13-57.05 Violations; Penalty
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(a) Any person violating any provision of Section 13-57 shall be
subject to the following fines:
(1) $50.00 for a first offense;
( 2) $100.00 for a second offense within the same calendar
year of the first offense;
( 3) $200.00 for a third offense and every subsequent offense
within the same calendar year of the first offense.
(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 30 days of the issuance of
a citation for violating any provision of Section 13-57 shall
result in the assessment of a late fee of $50.00.
(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
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SECTION II. This ordinance shall be in full force and effect
from and after its passage and approval by the Mayor.
it
Member of Jr Common Council
`SpUTH�B ,1
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ti"Z City of South Bend
ce;,,;
/ �`;, � j Joseph E. Kernan, Mayor
N * 1865 "_=
Department of Law
Richard A. Nussbaum, II, City Attorney
November 18, 1992
Mr. Stephen Luecke, President.
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
RE: Amending Noise Ordinance Penalty Provisions
Dear Mr. Luecke:
I am attaching for filing an Ordinance amending Chapter 13 of
the Municipal Code increasing the penalty imposed upon individuals
who violate Section 13-57 of the Municipal Code entitled Loud and
Raucous Noise, on more than one occasion during a calendar year.
Your consideration and approval is respectfully requested.
Sincerely,
)im Caldwell
Administrative Assistant
Attachment
JEB3/2LUECKE
1400 County-City Building • South Bend, Indiana 46601 • 219/284-9241
Thomas L. Bodnar Sandra A. Boyd Aladean M. DeRose Jeffrey M. Jankowski
Andrew L. Kraemer Jenny Pitts Manier Robert C. Rosenfeld
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Olu the Comm Tom% of ter fair of 'uutl send:
of the Whole
Your Committee
to whom was referred
BILL NO.
104-92 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION
13-57.05 OF THE MUNICIPAL CODE TO INCREASE THE FINE FOR
INDIVIDUALS WHO VIOLATE SECTION 13-57 OF THE MUNICIPAL
CODE ON MORE THAN ONE OCCASION DURING A CALENDAR YEAR.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Ann Puzzello
Chairman
FREE PRESS AMPio PUBLISHING CO.