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Home My WebLink AboutAmending Municipal Code New Section 13-57.1 Use of Police Officers at Large Parties or Gatherings . -lc . . ORDINANCE No. 8079-90 Passed by the Common Council of the City of South Bend, Indiana March 26, 90 zgi___ Attest: '.. aL.- 117zi--,—,,..,,_■, City Clerk IRENE i K. GAMMON „...--------" Attest: . A-,./...t.......A.,,1 _. 4t.i4gt. President of Common Council / Ole Presented by me to the Mayor of the City of South Bend, Indiana March 27, 90 z9 City Clerk IRENE K. GAMMON March 29 90 Approved and signed by me ig Mayor • BILL NO. ORDINANCE NO. Q7Q-90 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 13-57.1 OF ARTICLE 4, CHAPTER 13 , TO BE ENTITLED: USE OF POLICE OFFICERS AT LARGE PARTIES OR GATHERINGS REQUIRING A SECOND RESPONSE. STATEMENT OF PURPOSE AND INTENT The City of South Bend recognizes that a loud, disturbing, large party or gathering may in some cases threaten the public peace, health, safety or general welfare of the community and in particular the neighborhood where the party premises is located. The City of South Bend Police Department may in some instances receive numerous complaints regarding such a disturbance. This may require police officers to control the threat on more than one occasion by their presence at the premises. The Common Council believes that repeated calls to the same disturbance leaves officers unavailable to perform more important duties which have greater community priority. The Common Council further finds that these calls are a serious drain on manpower and leave other areas of the City of South Bend exposed, with no available officer or assistance, should the need arise. Therefore, the Common Council believes that to discourage and minimize the frequency of return disturbance calls to parties, a service fee will be charged to the responsible participant(s) if police officers must return to the premises more than once. NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . Section 13-57. 1, Article 4, Chapter 13 of the Municipal Code of the City of South Bend, Indiana, shall read in its entirety as follows: SECTION 13-57. 1 USE OF POLICE OFFICERS AT LARGE PARTIES OR GATHERINGS REQUIRING A SECOND RESPONSE. (a) Complaint and First Response. After a complaint is received about a disturbing or disorderly party or gathering, police officers responding to the complaint must determine if there is, in fact, a threat to the public peace, health, safety or general welfare upon arriving at the location. If the party or gathering appears to be a disturbance, the resident or person in charge of the party, or other responsible person shall be informed of the disturbance, the complaint, and the fact that the disturbance must cease. Information shall be further conveyed that the party or gathering shall be allowed to continue so long as the disturbance which generated the complaint ceases. They should further be informed that any continuing disturbance which precipitates another call and a second response by the police will result in a charge to the responsible person for the cost of the police service. A "First Response Notice" should then be handed to the responsible party, 4 • (b) Second Response. If the police receive further complaints about the disturbance which requires a. second response, the • officers responding should again determine if there is a disturbance of the peace resulting from the party or gathering or if the complaint is unfounded. If a disturbance is occurring, the responsible party shall then be given a "Disturbance Violation Fee Notice, " indicating that the City will bill the responsible party for the personnel and equipment costs, or other damage and expense, incurred as a result of the disturbance. (c) Responsible Party. A responsible party is defined as the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor. If no responsible party is located on 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, the responding officer(s) shall leave a copy of the First Response Notice, as well as a copy of the Disturbance Violation Fee Notice if a second response is required, at the premises. Copies of these Notice(s) must also be mailed to the property owner as determined from the Assessor' s records. (d) Special Security Assignment. The police personnel utilized during a second response after the first warning, to control the threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided. (e) Costs. ( 1 ) The costs of such special security assignment may include minor damages to City property and/or injuries to City personnel. A citation for a single incident violation of this Ordinance shall be issued to each violator imposing a $50. 00 fine payable through the Ordinance Violation Bureau as addressed in Section 2-213 of this code. The City reserves its legal options to elect any other legal remedies when the costs or damage exceed $50. ( 2) All costs assessed hereunder shall be payable through the Ordinance Violation Bureau of the City of South Bend, and shall be deposited into the Law Enforcement Continuing Education Fund. (f) A "Disturbance Violation Fee Notice, " issued hereunder, may be issued to a responsible party within twelve (12) hours of the issuance hereunder to that party of a "First Response Notice. " (g) The enforcement of this ordinance shall not abrogate the responding officer' s enforcement of any other local ordinances or state laws which may also be violated as a result of a loud party or gathering. autumn-tn. Tat ort • On the Tantrum Qtouucil of tip fl tit of WWII drub. Your Committee of the Whole to whom was referred BILL NO. 18-90 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW SECTION 13-57.1 OF ARTICLE 4, CHAPTER 13, TO BE ENTITLED: USE OF POLICE OFFICERS AT LARGE PARTIES OR GATHERINGS REQUIRED A SECOND RESPONSE. Respectfully-report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Chairman Sean Coleman FREE PRESS 046aiip PUBLISHING CO. =SpUTH 8 �11I1 City of South Bend %'04 �'\''�' !'- ` Common Council / County-City Building • South Bend, Indiana 46601 // 9> IIII �� y\ }jj :1 865 (219) 284-9321 March 7 , 1990 Thomas Zakrzewski Members of the Common Council President 441 County-City Building South Bend, Indiana 46601 Loretta Duda Vice-President Re: Use of Police Officers at Large Parties or Gather- Sean Coleman ings Requiring a Second Response. Chairman. Committee of the Whole Dear Council Members : The attached Bill would amend Article 4, Chapter 13 of the South Bend Municipal Code by the inclusion of new Stephen Luecke Section 13-57. 1, to be entitled "Use of Police Officers First District at Large Parties or Gatherings Requiring a Second Re- sponse" Its intent is to minimize the number of times Donald Niezgodski that officers must return the site of noisy parties or Second District gatherings, by providing for a $50.00 fine for additional William Soderberg calls to a disturbance after a warning has been given. Third District Repeated calls to the same disturbance are not only Ann Puzzello frustrating for the officers and neighbors, but also Fourth District a distraction from more important duties which have a greater community priority. So, officers on second Linas n skas response will be considered to be on "special security Fifth District assignment" and a fine will be levied. A similar ordi- Thomas Zakrzewski nance is in place in Fullerton, CA and seems to be ef- Sixth District fective in minimizing the number of returns calls . Sean Coleman This Bill has been drafted with the support and assis- At Large tance of the Police Dept. and the City Attorney' s Office. Loretta Duda I recommend that the Bill be sent to the appropriate At Large committee for review and recommendation, and hope for your favorable support. I look forward to discussing John Voorde it further with you. At Large Sincerely, Stephen J. Luecke Kathleen Cekanski-Farrand 1st District Council Member Council Attorney