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Home My WebLink AboutAmending Chapter 13 entitled Defacement of Damage to property Y . . • • • • l ORDINANCE No. 8218-91 Passed by the Common Council of the City of South Bend, Indiana. October 28, 91 19 Attest °-m—�-"�' City Clerk IRENE K. GAMMON Attest: //j-,(//: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— October 29, 91 19 '-�' •° /� - ° °✓ City Clerk IRENE K. GAMMON Approved and signed by me -1(1,.6\141()ALUL I Ig g! Mayor • • Substitute Bill No. 46-89 Ordinance No. Y . /e-? / AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE, BY THE ADDITION OF NEW ARTICLE 9 ENTITLED "DEFACEMENT OR DAMAGE TO PROPERTY. " STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, acknowledges that there is an increased amount of damage being done to property throughout the City. Graffiti appears on sidewalks, railroad crossings, bridges and on many other items of property. The Common Council acknowledges that the Indiana Code at Section 35-43-1-2 prohibits a person to "recklessly, knowingly, or intentionally" damage or deface property of another without the other person's consent. The following ordinance would make the act of damaging, marking or defacing property a violation, and not require a showing of the persons "state of mind" as required by the criminal statutes. First time violators would be subject to a $50.00 ordinance violation citation, plus the cost of clean-up or restoration. Subsequent violations may result in fines up to the state law maximum of $2,500.00. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 13 of the Municipal Code of the City of South Bend, Indiana, is amended by the addition of new Article 9 entitled "Defacement or Damage to Property", which shall read in its entirety as follows: Article 9. Defacement or Damage to Property. Sec. 13-90 Purpose. The purpose of this Article is to make as a civil offense the act of marking, damaging, defacing, or otherwise impairing the appearance or use of property which results in pecuniary loss, without the authority or permission of the property's owner. Sec. 13-91. Damage, Defacing or Injuring Property as an Offense. (a) It shall be unlawful for any person to mark, damage, deface, or otherwise impair the appearance or use of any property which results in pecuniary loss, without the authority or permission of the property's owner. (b) All first-time violators of this Section shall be issued a citation imposing a fine of fifty dollars ($50.00) , plus be subject to the restoration provisions of Section 13- Sec. 13-92 Civil Penalties. (a) Any subsequent violation of Section 13-91 by the individual, shall result in a fine in an amount of not less than one hundred dollars ($100. 00) , nor more than two thousand five hundred dollars $2 ,500.00) for each violation. Each separate location shall constitute a separate offense. (b) Additionally, the violator shall have the option of restoring said damaged property to its condition prior to the damage being inflicted, or shall be required to pay for all reasonable costs incurred by the City to restore said damaged property to its condition prior to the damage being inflicted. Said restoration must be completed within thirty (30) days from the date of issuance of the citation. Sec. 13-93 Signs. Signs giving notice of this prohibition of damage or defacement of property shall be posted. Such signs shall give notice of such regulations and be placed at all locations deemed appropriate by the City Engineer, or his designee. SECTION II. Chapter 2, Article 19, Section 2-213, is hereby amended by the inclusion of the following to said section: 13-91 Defacement/Damage To Property $50.00 SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. / Member of the Common Council • OUTH 8 „, City of South Bend o `�'`'�''I'/li; ,o��i F :;� '% z Common Council ice , %'d v> � } ,��:}�� County-City Building • South Bend, Indiana 46601 lk■\, 1865'`_ October 8, 1991 (219) 284-9321 Fax (219) 284-9173 Members of the Common Council Donald Niezgodski 4th Floor County-City Building President South Bend, Indiana 46601 Ann Puzzello Re: Substitute Bill No. 46-89 addressing Vice-President Defacement or Damage To Property Loretta Duda Dear Council Members: Chairman. Committee of the Whole You will recall that in June of 1989, I introduced a Bill which attempted to create an innovated system to stop useless and senseless acts of "graffiti" which has become so prevalent throughout our community. Stephen Luecke First District Since then the Council has had the opportunity to watch Donald Niezgodski a video presentation on how other communities are Second District attempting to address this problem. Additionally, I have reviewed ordinances from other communities which William Soderberg have attempted to legislate in this area. Third District I am attaching, for your review, Substitute Bill No. Ann Puzzello 46-89. Currently, under state law, the County Fourth District Prosecutor has no authority to prosecute such a violation if he cannot prove that the person Linas Slavinskas recklessly, knowingly or intentionally damaged or Fifth District defaced the property of another. Thomas Zakrzewski Sixth District I am, therefore, recommending that any type of marking, damaging, defacing, or otherwise impairing the Sean Coleman appearance or use of property without the authority or At Large permission of the property's owner which results in a pecuniary loss, be subject to a civil ordinance Loretta Duda violation citation being issued to the person causing At Large the damage or defacement. Eugene At Large Ladewski I am recommending that all first offenders be issued a citation of fifty dollars ($50.00) which would in turn be payable through the Ordinance Violation Bureau. I am also recommending that the violator have a choice of either restoring the damaged property to its original Kathleen Cekanski-Farrandcondition prior to the damage being inflicted at his or Council Attorney her cost, or be required to pay the city for the cost of such restoration. • For all crimes which result in damage to property of more than two hundred fifty dollars ($250.00) , I am specifically requesting that such violations then be referred directly to the Prosecutor's Office so that that individual will be charged with "Criminal Mischief" under the appropriate state law. I believe that this Bill is a viable alternative to help stop the senseless defacement of property that is continuing to take place in our community. I hope that with proper enforcement and better public awareness, that all individuals will take pride in their community so that such useless acts can be halted. I am requesting that this Substitute Bill be sent to the appropriate committee for review and recommendation and be heard at the Council meeting on October 28, 1991. Thank you. Sincerely, Linas "Lee" Slavinskas Fifth District Council Member flnmmr##n Erport Olo the fllnmmuu Qloutnrit of the Qtttg of twill end: Your Committee of the Whole to whom was referred BILL NO. 46-89 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE, BY THE ADDITION OF NEW ARTICLE 9 ENTITLED "DEFACEMENT OR DAMAGE TO PROPERTY. Respectfully-report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended. Chairman Loretta Duda FREE PRESS siiies PUBLISHING CO.