HomeMy WebLinkAboutAmending Chapter 2 the Inclusion of New Scetion 2-213 entitled Schedule of Ordinance and Code Violations ORDINANCE No. 7992-89
Passed by the Common Council of the City of South Bend,Indiana_
June 26, 89
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Attest:
City Clerk
IRENE K. GAMMON
Attest: (74.4t) President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 27, 89
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City Clerk
IRENE K. GAMMON
Approved and signed by me July 27 /9 89
Mayor
y I
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Substitute
Bill No. 12-89
Ordinance No. 7gge- 69
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2
OF THE MUNICIPAL CODE BY THE INCLUSION OF
NEW SECTION 2-213 ENTITLED "SCHEDULE OF ORDINANCE
AND CODE VIOLATIONS"
STATEMENT OF PURPOSE AND INTENT
On December 12, 1989, the Common Council of the City of
South Bend, Indiana, passed Ordinance No. 7950-88 which
created an Ordinance Violations Bureau.
Pursuant to Indiana Code Section 33-6-3-2, the
legislative body is required to designate a schedule of
ordinance and code provisions which are subject to admission
of violation before the City Clerk and the amount of civil
penalty to be assessed a violator who elects to admit a
violation.
Civil penalties are to be paid to, receipted, and
accounted for by the City Clerk under procedures provided by
the State Board of Accounts. Payment of Civil penalties may
be made in person, by mail, or to an agent designated by the
legislative body.
Pursuant to Indiana Code Section 33-6-3-4 all sums
collected by the City Clerk as civil penalties for ordinance
violations shall be accounted for and paid to the City, thus
creating a new funding source for the City.
The Common council believes that this interest is in
the best interest of the City of South Bend.
NOW, THEREFORE, BE IT ORDAINED BY THE Common Council of
the City of South Bend, Indiana, as follows:
SECTION I. Chapter 2, Article 19 of the Municipal Code
of the City of South Bend, Indiana, is hereby amended by the
inclusion of new Section 2-213 which shall read in its
entirety as follows:
Sec. 2-213 Schedule of Ordinance and Code Violations
(a) The following Schedule of Ordinance and Code
Provisions are subject to admission of violation before the
Violations Clerk and includes the amount of the civil
penalty to be assessed a violator who elects to admit a
violation:
Municipal Code
Section Type of Violation Penalty
4-8 Licensing Violation $50. 00
4-48 Rubbish and Garbage
Removal 50. 00
5-8 General Animal Care 15. 00
5-9 Sale of Fowl Prohibited 15. 00
5-11 Animals in Motor Vehicles 15. 00
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5-23 Keeping Certain Animals 25. 00
5-26 Interference with
humane officer 15. 00
5-27 Potentially dangerous
dog licensing 50. 00
5-28 Potentially dangerous
dog regulations 50. 00
9-20 Leaf burning 50. 00
9-21 Leaf burning 50. 00
9-22 Leaf burning 50. 00
13-57 Loud and Raucous noise 25. 00
13-62 False Fire Alarm or
false fire call 50. 00
13-82 Stationary noises 50. 00
14-2 Skateboarding 25. 00
14-3 Skateboarding 25.00
14-4 Skateboarding 25. 00
16-53 Public nuisance 25. 00
16-54 Public nuisance 25. 00
16-61 Public nuisance 25. 00
18-7 Snow removal from
sidewalks 15. 00
19-17 Treelawn regulations 15. 00
19-32 Weeds growth restrictions 15. 00
19-35 Weeds and noxious growths 20.00
19-42 Parks: Disorderly conduct 50. 00
19-54 Parks: Protection of fish 25. 00
19-61 Parks: Alcohol and Drugs 50. 00
19-76 Parks: Curfew 50.00
20-18 Overtime parking 3 . 00
10.00
20-67 Parking restrictions 3 . 00
20-105 Snow removal 25.00
20-105.1 Snow removal 25. 00
20-113 (b) Handicapped parking 50.00
20-116 Residential Parking Sticker 3 . 00
20-118 Truck Parking 50. 00
(b) This Schedule shall establish civil penalties to
be assessed a violator who elects to admit to an ordinance
or code violation, but shall in no way impair the ability of
the City to bring suit to seek the imposition of any fine
greater than that provided for by the Schedule that is
otherwise allowed by the Municipal Code of the City of South
Bend and/or any State law.
(c) Civil penalties shall be paid to, receipted, and
accounted for by the Violations Clerk under procedures
provided by the State Board of Accounts.
(d) Payment of civil penalties may be made in person
or by mail to the Violations Clerk.
(e) Upon a person waiving the right to trial and
entering an admission of a violation with the Violations
Clerk, the Clerk shall assess and receive from the violator
the amount prescribed by the Schedule set forth in
subsection (a) herein.
(f) The provisions of Indiana Code Sections 33-6-3-1
through 33-6-3-5, as they may be amended from time to time,
shall govern the operation of the Violations Bureau and
collection fo all civil penalties.
SECTION II. Chapter 4, Article 2, Section 4-15 (a) (2)
of the Municipal Code of the City of South Bend, Indiana, is
hereby amended to read as follows:
(2) Request that a citation be issued to the
violator imposing a twenty-five-debar-{$e5-ee} fifty
dollar ($50. 00) fine. Each subsequent day of violation
shall be considered a separate offense for which a
citation may be issued.
SECTION III. Chapter 5, Article 9, Section 5-49 of the
Municipal Code of the City of South Bend, Indiana, is
amended in part to read as follows:
(b) Citations and/or hearings before the Code
Enforcement Hearing Officer:
(1) Any person served with a warning notice and
who fails to comply shall be subject to the
citation procedures and/or a hearing before
the Code Enforcement Officer. Citations
shall contain the date, time, name, and
address of the violator, the Code section
violated, the nature of the violation,
location of the violation, and the name of
the person issuing the citation. The
citation shall have instructions thereon as
to the description of the citation.
(2) Any person who violates any of the following
sections: 5-8, 5-9, 5-11, 5-1e, 5-13, 5-14,
5-15, 5-16, 5-17, or 5-26, shall be subject
to a citation of fifteen dollars ($15. 00) per
violation, and/or subject to a hearing before
the Code Enforcement Hearing Officer.
(c) Any person who violates Section 5-12 , Poisoning of
Animals, shall be subject to a citation of fifty dollars
$50. 00) per violation.
{e} (d) For all other violations of this chapter and
its provisions, unless otherwise specified, fines shall be
not less than fifteen dollars ($15. 00) for each offense
thereafter.
{el} _(e) In the event that an animal is retained at the
shelter because its owner has been in violation of this
chapter, the person redeeming the animal by paying the fine
shall also be subject to paying for medical bills incurred
for routine shots for animals if required, boarding fees,
and all applicable permit fees.
{e} (f) Violators, upon conviction, may be given the
opportunity to work in a community service program such as a
humane society and/or participate in a humane education
program, if so recommended by the Court.
SECTION IV. Chapter 13, Article 4, Section 13-62 of
the Municipal Code of the City of South Bend, Indiana, is
amended to read as follows:
Sec. 13-62 . Same-Penalty.
(a) Any person convicted of willfully
turning in or reporting a false fire alarm or
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(b) Such fine shall not be less than the
actual cost sustained by the City of South Bend in
responding to such false fire alarm or false fire
call.
SECTION V. Chapter 19, Article 3, Section 19-76
entitled Penalties of the Municipal Code of the City of
South Bend, Indiana, is hereby amended to read as follows:
Sec. 19-76 Penalties.
Any violator of any of the provisions of this Article
shall be punishable by a minimum fine of twenty-five
dollars ($25.00) , except that violator of Section 19-42
shall be punishable by a maximum fine of fifty dollars
($50. 00) , and not more than one thousand dollars
($1, 000. 00) .
SECTION VI. Chapter 20, Article 9, Section 20-113 (b)
of the Municipal Code of the City of South Bend, Indiana, is
hereby amended to read as follows:
(b) Any motor vehicle found parking in areas
designated for the exclusive use of mobility
handicapped persons which does not bear a disabled
veteran registration plate, a special registration
plate, or display a South Bend Handicapped Perking
Permit shall be fined twenty*-daiiars-{09 7e61} fifty
dollars ($50. 00) and towed at the owner's expense if
found to be in violation longer than one (1) hour.
Continuing violations under this section shall
constitute a separate offense and be punishable by a
separate penalty for each infraction.
SECTION VII. This Ordinance shall be in full force and
effect from and after its passage by the Common Council,
approval by the Mayor and legal pub ',cat' ,
Member fit= e Common Council
1st READING c)2-13l
PUBLIC HEARING (0-a(O- b�/
3 rd READING (o -
NOT APPROVED
REFERRED
PASSED (0-01(0- �� L�U Qa/ke4,016-d ,l-C.c-1 6-ta-te-411-
5OOTH 8 .N
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7, \\07,,% o City of South Bend
� / Joseph E. Kernan, Mayor
4\, .'a %
\865;!=
South Bend Common Council
John Voorde Ann Puzzello Thomas Zakrzewski
President Vice-President Chairman, Committee of
the Whole
February 8, 1989
Members of the Common Council
4th Floor, County-City Building
South Bend, Indiana 46601
Dear Council Members:
The attached Bill is the "second step" in creating a new
source of revenue to be received by the City of South Bend.
You will recall that on December 12, 1988, the Council
passed Ordinance No. 7950-88 . That ordinance established
the "Ordinance Violations Bureau" and designated the City
Clerk as the Violations Clerk.
The attached Bill specifically identifies the City Code
Number, type of violation and amount of penalty as required
by State law. By doing this, the City Clerk may begin
receiving payment of civil penalties from violators of
ordiance or City code provisions beginning Monday, March 6,
1989 .
All sums collected by the City Clerk must be properly
accounted for and paid to the City. Unlike the current
procedures, all monies collected pursuant to this ordinance
will remain with the City.
I believe that an ordinance of this type is long overdue. I
am hopeful that with the cooperation of the various
departments of the City, that fines from City ordinance
County-City Building • South Bend. Indiana 46601 • 219/284-9321
Stephen Luecke Donald Niezgodski William Soderberg Ann Puzzello Linas Slavinskas
First District Second District Third District Fourth District Fifth District
Thomas Zakrzewski Sean Coleman Loretta Duda John Voorde Kathleen Cekanski-Farrand
Sixth District At Large At Large At Large Council Attorney
violations will begin to be received and thus will offset
the many hours spent on enforcement.
I seek your support .f this important Bill.
Sincerely, /
,d14,4-04e4-,Y
Donald Nie r- ./ki, Second District
Council Member
DN: srk
Attachment