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Home My WebLink AboutAmending Chapter 14 New Article 10 Enlitled Block Park Regulations ORDINANCE No . 10224-13 Passed by the Common Council of the City of South Bend, Indiana March 11, 20 13 Attest: 4■• tr City Clerk JOHN VOORDE Attest: �� DAlI. . �__ 4►. A President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 12, 20 13 �i --- City Clerk JOHN VOORDE Approved and signed by me /vIA Q-C4 l Z 20 l3 %%� Mayor BILL NO. 08-13 -As Amended ORDINANCE NO. \, l2 L3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED BLOCK PARTY REGULATIONS STATEMENT OF PURPOSE AND INTENT On June 27, 2011, the South Bend Common Council passed Substitute Bill No. 31-11 which set forth block party regulations. The final version represented several weeks of discussions between the City Administration and the Common Council to address the various public safety concerns associated with residential and non-residential block parties. This ordinance formally incorporates the regulations set forth in Ordinance No. 10102-11 into the South Bend Municipal Code, so that there will be a better awareness of the governing procedures. Additionally, it incorporates a process whereby the Board of Public Works may waive block party fees for non-profit organizations who have filed a copy of their IRS document certifying their 501(c)(3) status under the Internal Revenue Code where the organization has been recognized as being exempt, along with their most recent copy of Form 990 or Form 990-EZ. The Board of Public Works will continue to be the main agency involved in reviewing public safety requirements for the temporary closing of public right-of-ways. Once an application is filed it is referred to the Police Department, the Fire Department and the Street Department for their review and recommendation to assure that such public ways are reviewed in light of public safety considerations. This ordinance also requires an annual electronic filing from the Board of Public Works Clerk to the Office of the City Clerk summarizing all actions on block party requests. e>./i=e, />e 1/c>=<ludyz y/ 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 by the inclusion of new Article 10 which shall read in its entirety as follows: Article 10. Block Party Regulations. Sec. 14-63 Definitions. For purposes of this Article, the following definitions shall apply: (a) Block Party: An event which uses and blocks access to a public right-of-way requiring approval by the Board of Public Works. Block Party Procedure Ordinance Page 2 (b) Non-Residential Block Party: A public assembly sponsored primarily by business(es) including non-profits, having an enterprise(s) on a non-residential street for the benefit of the public. (c) Residential Block Party: A public assembly sponsored solely by and limited to the actual residents of a block(s) on a certain street. Sec. 14-64 Application and Fee Required to be Filed With the Board of Public Works; Limited Circumstances for Waiver of Fees. (a) At least four(4) weeks prior to a proposed residential block party or non-residential block party, an "Application for the Use of and Blocking of Access to Public Right-of-Way for a Block Party" must be properly completed and filed by an applicant per Board of Public Works procedures, which are on file in the Department of Public Works and the Office of the City Clerk. (b) The Board of Public Works is authorized to and shall charge and collect not less than the following fees for any application filed requesting the closing of a public right-of-way to vehicular traffic for purposes of holding a residential block party or non-residential block party: (1) Non-Residential Block Party Fee $ 125.00 (2) Residential Block Party Fee $ 50.00 Unless the applicant is a nonprofit organization recognized as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. Each nonprofit organization who applies must file a copy of the document certifying their 501(c)(3) status received from the Internal Revenue Service, along with the nonprofit organization's most recent copy of Form 990 or Form 990-EZ, with copies also being filed with the Office of the City Clerk. All other regulations of the Board of Public Works and this Article apply to such nonprofit applicants, upon the waiver of fees being approved by the Board. (c) All applications approved by the Board of Public Works shall be subject to the Board's "Instruction Sheet" then in effect and a "Permit/Agreement" detailing the governing rights and responsibilities of the parties. Sec. 14-65 Electronic Annual Filing With the Office of the City Clerk. The Clerk to the Board of Public Works shall be required to file electronically with the Office of the City Clerk a summary of all applications approved or disapproved by listing: the date each application was filed; type of block party; location; disposition; fee charged; and fees waived; with such filing due by the last business day of each calendar year. Block Party Procedure Ordinance Page 3 Section II. 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. Tim Scott, 1st District Council Member The South Bend Common Council Mart.• 1t. Otto Office of the City Clerk �' eiztert*me to,tie.949-iv y't a ",?Vocal Fend fne iemas on the 1/4\.day of , 2013 at I t l( o'clock 0 . m. Office of th ity Clerk 19-c�-Ua-\ � ' raped and dy,ned by me on the aL day of M4-11.t N , 2013 at .S o'clock .m. Pete Butti_•-g, ---fr City of South Bend, Indiana Filed in Clerk's- _ _ ic i st READING "L-S----t 3 PUBLIC HEARING 3—(A 3 rd READING �_ NOT APPROVED 3 '8r"�"r ` ;"a 3:101: CITY CLERK ,IN PASSED 1--13 C.8 mond a s01-3T1/ q,i,\\+i+ 111;/// mod • �;�.\ !; City of South Bend _ / Y - •�PSACE�j' a Common Council 1865 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis February 18, 2013 Vice-President The South Bend Common Council Karen L. White 4th Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Re: Block Party Regulations Tim Scott First District Dear Council Members: Henry Davis, Jr. Second District The attached ordinance would amend a 2011 ordinance which established procedures governing block parties. The proposed ordinance: Valerie Sch ey Third District • Would incorporate the current regulations into the City Code so that they are Fred Ferlic readily accessible from the City's website Fourth District • Would create a fee waiver process for legitimate 501(c) (3) nonprofit David Varner organizations which would require such an organization to provide proof of that Fifth District status from the IRS and filing a copy of their most recent Form 990 or Form 990- EZ return. Oliver J. Davis Sixth District All other block party regulations governing residential and non-residential block parties would apply to all applicants, including those who may have received a fee Derek D. Dieter waiver. In this way the public safety regulations would be enforced uniformly, with At Large the fees charged to help off-set the actual cost to close a public street when Gavin Ferlic accommodating a block party. An electronic summary from the Clerk to the Board At Large of Public Works would also be required to be sent to the Office of the City Clerk summarizing block party requests made to the Board during each calendar year. Karen L. White At Large I look forward to discussing this with you when it is referred to the Public Works and Property Vacation Committee for review and recommendation, with a public hearing before the Common Council on March 11, 2013. Thank you. S. erely, Filed in rY 'ppp 1st District Council Member Attachment FEB 18 4013 gga!gg ��aa C CL t. 3 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-13 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED BLOCK PARTY REGULATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted by the following: Statement of purpose and intent— last paragraph references the reviews by PD, FD & Streets. Page 2 —eliminates proposed paragraph (d) from Sec. 14-64 which provides for a refund of fees. Page 2 — Sec. 14-65 changes the electronic filing from quarterly to annually by the last business day of the calendar year. This bill was heard by the Public Works & Property Vacation Committee. Karen L. White Chairperson, Committee of the Whole