HomeMy WebLinkAboutAmending Chapter 14 Entitled Curfew •
ORDINANCE No. 8135-90
Passed by the Common Council of the City of South Bend,Indiana_
October 22, 90
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Attest: °( `� City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 23, 90
19
City Clerk
IRENE K. GAMMON
Approved and signed by me October 2 6 ig 9 0
Mayor
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SUBSTITUTE
ORDINANCE NO. F/51-20
AN ORDINANCE AMENDING CHAPTER 14 OF THE SOUTH BEND
MUNICIPAL CODE TO ADD ARTICLE 2 THEREUNDER, ENTITLED
"CURFEW"
STATEMENT OF PURPOSE AND INTENTS
The Common Council for the City of South Bend, Indiana
has determined that juvenile congestion in the late night
and early morning hours is detrimental to the juvenile and
the Community as a whole, and has acknowledged that the
policy of the State of Indiana, as codified in I.C. , 31-6-4-
2 , recognizes this problem and encourages cities to take
further steps to deal with the problem. It is the opinion of
the Common Council that parents and others having charge of
juveniles have a right and duty to know about and control
the whereabouts of their charges, and has determined that it
is appropriate and in the best interest of the City to
establish an Ordinance to that end.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Chapter 14 of the South Bend Municipal Code
is amended to add Article 2 thereunder, entitled "Curfew",
comprising Sections 14-6 through 14-9, inclusive, which in
its entirety shall read as follows:
Article 2 . CURFEW
Sec. 14-6. Curfew; 15, 16, 17 year olds.
It is a Curfew violation for a child 15, 16, or 17 year
of age to be in a public place:
(a) between 1: 00 a.m. and 5: 00 a.m. on Saturday or
Sunday;
(b) after 11:00 p.m. on Sunday, Monday, Tuesday,
Wednesday, or Thursday, or;
(c) before 5: 00 a.m. on Monday, Tuesday, Wednesday,
Thursday, or Friday.
Sec. 14-7. Curfew; Children under 15 years of age.
It is a curfew violation for a child under 15 years of
age to be in a public place after 11: 00 p.m. or before
5: 00 a.m. on any day.
Sec. 14-8 . Exceptions. This Article shall not apply to
a child who is:
_(a) accompanied by his parent, guardian or custodian;
(b) accompanied by an adult specified by his parent,
guardian or custodian; or
(c) participating in, going to, or returning from (1)
lawful employment; (2) school sanctioned activity; or
(3) a religious event.
(a) $25. 00 for a first offense;
(b) $100. 00 for a second offense within a one-year
period, plus court costs; or
(c) $200. 00 for a third offense and every subsequent
offense within a one-year period, plus court costs.
Sec. 14-10 First Offense Fine Payable Through the
Ordinance Violation Bureau.
•
Any first offenders found in violation of this Article
shall be fined the sum of twenty-five dollars ($25. 00)
as set forth in Section 14-9 (a) . Such violations shall
be considered an ordinary violation and the fine shall
be payable through the City's Ordinance Violation
Bureau.
Sec. 14-11. Monies Deposited in Special Fund.
Fifty percent (50%) of all monies collected and
retained by the City for violation of this Article
shall be deposited in the Juvenile Positive Assistance
Fund and shall be used solely for the purposes
designated therein.
SECTION II. Chapter 2 , Article 14, Section 2-170. 1 of the
Municipal Code of the City of South Bend, Indiana, is hereby
amended to read in its entirety as follows:
Sec. 2-170. 1 Juvenile Positive Assistance Fund.
(a) The Juvenile Positive Assistance Fund is
established as a separate dedicated fund to be used to
receive monies from penalties paid for fines from
curfew violations. All sums of monies so collected and
deposited in said separate dedicated fund shall be used
solely for the purposes of the Drug Abuse Resistance
Education (DARE) Program and for assisting police
activities in the Juvenile Aid Bureau. Monies remaining
in the fund at the end of the fiscal year shall not
revert to the general fund.
(b) Any and all interest earned on the monies deposited
in said dedicated fund shall remain in the fund.
SECTION III. This Ordinance shall be in full force . *d
effect upon approval of the Council, signature of e M. 0 ',
and proper legal publication.
Step en Luecke Donald Niezgr i
Common Council Common Counc
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City of South Bend
Joseph E. Kernan, Mayor
Office of the Mayor
October 1, 1990
Mr. Thomas Zakrzewski
President, South Bend
Common Council
4th Floor
County-City Building
South Bend, IN 46601
Re: An Ordinance Amending Chapter 14 of the South Bend
Municipal Code
Dear Mr. Zakrzewski:
I am attaching, for filing, an ordinance amending Chapter 14 of
the South Bend Municipal Code to add a new Article, Article 2.
Article 2 to be added to Chapter 14, is a curfew ordinance, which
establishes, locally, the same curfew restrictions established by
State law, and which deems a parent or guardian to have committed an
ordinance violation when his or her minor child or charge commits a
curfew violation. The ordinance also establishes a graduated fine
structure for such an ordinance violation.
Your favorable consideration is requested.
Si erely,
Jes Caldwell
dministrative Assistant
Neighborhoods
JC:cjm
Enc.
County-City Building • South Bend, Indiana 46601 • 219/284-9261 • Telefax 219/284-9892