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HomeMy WebLinkAboutAmending Chapter 1 & Chapter 2 Bring Chapters Compliance with the New Home Rule LegislationORDINANCE No. 7025 -82 Passed by the Common Council of the City of South Bend, February 8, �9 82 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, A7 Approved and signed by me Clerk of Common Council City Clerk IRENE K. GAMMON SUBSTITUTE BILL NO. 8 -82 ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 1 AND CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, TO BRING SUCH CHAPTERS IN COMPLI- ANCE WITH THE NEW HOME RULE LEGISLATION STATETIENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, has appointed a special Codification Committee to review the present City Code. This Committee has identified various sections of the Code which are obsolete or in need of amendment in light of the new Home Rule Legislation. This Bill would amend various sections of Chapters 1 and 2 of the Municipal Code of the City of South Bend, Indiana, and would bring these two chapters in compliance with the new State law. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The following sections and subsections of Chapter 1 of the Municipal Code of the City of South Bend, Indiana, are hereby amended to read as follows: (1) Sec. 1 -1. How Code designated and cited. The ordinances embraced in the following Chapters and Sections shall constitute and be designated as "The -Gity- Municipal Code of the City of South Bend, Indiana, - 1971;" and may be -se- cited as the "City Code" or, in the provisions which follow as "this Code." (2) Sec. 1 -2 Definitions and Rule of Construction ( a)( 18).- Pe�sex- xteass- asy- aaEtt�a €- iadieidxal; - €i��; pa��rie�skig;- ��ns�;- asseeia�iea;- ee�pe�e�iex ;- e�eex�e�;- ad�iaist�'ate�, guard€ aa,- trtis�ee;- se�vaat;- I3r €ae €pa €;- agent;- emaleyee;- ergaa €satiea; er- aay- e�ke�- grexp- aetiag- as- a -xait; Person means individual, firm, corporation, association, fiduciary, or governmental entity. (a)(31) State law references: Whenever reference is made to "I.C.- i971 -" and to Burns' Stat., it shall be construed to refer to the Indiana Code -e€ -1971- and to the Burns' Indiana Statutes respectively -er -and any amendments or supplements thereto. (3) Sec.1-6 Certified copy of City Code admissible into evidence. Any copy of the -Gity- Municipal Code of the City of South Bend, Indiana, -1971- which is kept current by looseleaf supplements, or any copy of any addition, amendment or supplement thereto adopted, published and certified according, to law shall be admissible into evidence in any Court or in any administrative body for the purpose of proving the ordinances therein contained with like effect and for the same purpose as the original ordinances would be admitted. (4) Sec. 1 -16 Effective date of Ordinances. -- A } }- Ardiaaaees- »assed -by- the- 6etiae € };- regtiiring- »tib }ieatieR,- ska } }- tale - a € €eet - €rem -and -a €ter - the- dtie- »tib } }eatieR tkeree €- in- the- Eity- pa »er; -xR} ess- tkereiR- etkerwise- es »ress }y » revided--- Ard�Raxaees- Ret- rec�tii� €Rg- ptib }iea €ieR- ska } }- take - a € €eet -- €rem- their - passage, - -tiR� ess- etkerwise- e� »ress }y- »revided- 1 Ke errect wnen aaoptea, accoraing to I.U. ib- 4- b- 1j(a), or l.c. however an Ordinance prescribing a enalt or forfeiture r a violation must be oil -b- ed pursuant to I.C. 3 - -6- (b or (5) Sec. 1 -17 Recordation of Ordinances; proof of publication. All ordinances passed by the Council shall be recorded by the Clerk in a book of ordinances. The original shall be filed in the Clerk's office and due proof of publication of all ordinances requiring publication,-by- the- a € €idavit -e €- the - printer- er- »tib}isker- shall be procured by the Clerk and attached thereto „ -er- written -and attested-tkerete,-er- written -and- attested - apex - the- �aee- e € -stiek- erdiaanee:- (6) Sec. 1 -18 Refusal to issue, suspension or revocation of licenses or permits. Any City license or permit which is refused to be issued, or Subject to'SUSPenS1on' -or revocatInn..G al - ha "aM7Pa n hii 'r-ho 11.1. -{a)-Ax-e€€ieia};-departmeRt;- beard -er- agency -e €- the -Eity- atitkerised-te-iss tie -Iieenses-er- permits- tinder - this -6ede- may- re €tise- te-isstie-a-}ieexse-er-»ermit- and. - nay- }ieease- er- »ermit- issued -- ptirstiant -to - this -6ede- may- be -stisp ended- er- reveked -by- the- atitkerized e€€ieia};- department;- beard- er- ageRey - aft er -Hat iee- and- keariRg - €er- axy -af- the- €e}}ewiag- eatises- - { }� -- any-€ ratid ;- misre »reseRtatiea- er- €a }se- statement center Red-} R- a» p} ieatien- €er- »ermit- er- }ieease -- -{2j-- any-€ ratid;- misre» reseRtatiea- er- €a }se- statemeat- made-ia-eeaaeetien- with - the -se} }rag- a €- geeds,- wares;- merekandise- and- serviees7- -{3j-- aRy - vie }erica -e €- this - Eede- andfer- any- erdiaaaee -e €- tke- 8ity;- -{!a3-eeRVietiea-e€- the- a»»} ieaRt;- }ieeasee- er- »ermitee -e €- aay- erime- er- midemeaner -inve }wing -i sera } - turpitude- er- a- vie}atien -e €- aRy-aet-e€-tke- State - a €- iRdiaaa;- er -e €- any- }aw -e€ -the- Haired- 6tates;- kaviag-a-reaseaab}e-re}atieaski»-te- the- »tir »ese- and- see »e- e € -tke- »ermit- er- }ieexse; - {5j-- eeRdtieting -the- activity- trader - this- Eede- andfer -any- erdi Ranee -of- the- Aity -iR- any- tiR}aw €ti}- manger- er- in- stiek- a- manxer- as-te-eenstitxte-a-breaek-e€- the- »eaee- er- te- eeastittite -a- menace -te- Eke- ken }tk;- sa €ety;- mere }s -er- genera } -we} €are - a € - the- »tik }ie - -- - {bj - -HR }ess- srevisien -is- made - trader -this- cede- €er- review- be€ ere -a- spec €€ red- bedy- er- 'aeard;- aR- ap » }ieaxt- €er -er -ke }der -e€ aRy-}ieeRse-er- permit -wke -has- been- aggfieved- as- a- resti}t- e € -tke- re€ rise}- te- isstie- a- }ieexse- er- »ermit -er- the- stis »easieR- er- reveeatiex- -2- s €- any -li eerie -er- permit- issued - pursuant -te -this -6ede; -shall -have the - right -te -a- hearing -Ee- review - seek -re €sisal -Ee- issue;- suspensien er- reveeatiex -be€ ere -the- Beard - a €- Publie- Werks;- provided;- kewever, Ekat- when- a- ma�erity -e €- members - a € -the- Beard- e €- Publie- Werks- leave -- a-eex€11eE-e€- interest - arising -€ rem - their- e € €lelal- duties- er- eEker- wise;- Eke - matter- shall- be- re € €ered- to -the- Beard- e €- Publle- 8a €eEy- �etiee -e €- hearing - €er- Eke -re €sisal -te- issue- a- lleense -er- permit -er- Eke-suspensien-er-reveeatiex-e€-alieense-er- permit- shall- be -in -- writixg -g €vex -ley- Eke- 6lerk -e €- Eke - Beard- e €- Publie- Werks- er- Sa €eEy;- setting- €e�Eh- speei €leally- Eke- eause- er- eauses - €er- Eke - hearing- $erviee- a €- suek- xetiee -shall -lee- made - ley - either- persenal- serviee;- whieh- shall- lee- eerii€ led;- ex- by -eerii €led - mall; - return- reeeipt- reguested;-Ee- Eke- applieant ;- lleexsee- er- permiEtee -aE- Eke - last- knewn- address;-at- least- €ive - {5 }- days - prier -Ee- Eke - date - set - €er- Eke - hearing -- -{e}--lx- ease -e € -re €sisal -te- issue- a- lleexse -er- permit- er -the- suspensiex-er-reveeatien-e€-a-lleexse-er- permit -as- herein- previded;- ne-pertiex-e�- Eke- applleatien,- lleexse -er- permit - €ee -shall -lee - -- returxed- to- the - app Iieant ;- Iieensee- er- permittee- unless- otherwise- - previded- in- this- eede- axdfer- any- erdinanee -e €- the -6ity- -{d}-- Any- suspensien- er- reveeatiex- hereunder - may- be- either- in- additien- te- er- instead -e €- any - penalty- er- €ine- as- preseribed -in this- 6ede- andAer- any- erdinaxee -e €- the- 6ity -- -{e}--�he-erder-e€- the- authorised -e€ €leis }, - department;- beard- er- ageney;-as-applleable,- shall -be- the - €final- munieipal- aeElen - €er the - purpese -of - judielaI- review. (7) Sec. 1 -19 Reserved. -Re€ sisal -Ee- issue ;- suspexsiex- er- reveeaElex -e €- lieexses -er- permits - €er- dust- eause- - the- suspexsien- er- reveeatiex -e €- any- lleense -er- permit -- er- the- re €usa } -te- issue- any- lieense -er- permit- under -this- 6ede -shall be- €er- just- eause -a€ ter- xetiee- and - hearing- theree €- pursuant -te -the previsiens- a €- seetien- }_18 -_ (8) Sec. 1 -20 Reserved. - Duty -e €- Peliee- to- inspeet- lieexsees-- en €ereement. {a}-- All- pellee -e€ €leers- are - hereby- required- te- examine- al1- plaees -e €- business -and- all- persens -in- their- respeetive- distriets whe- are - rewired- te- seeure- a- lieense- andfer- permit - under -the- previs }ens -e€ -this- 6ede- er -e €- any- erdinanee -e €- the -6iEy- and -Ee -- aseertaix -that- seek- lieense- axdfer- perm }t -leas- been- preeured- - {b }-- A11 -pe }lee -e €€ €eery- are - hereby - authorised -and -- empewered-Ee-en€eree- the- previs #ens -e€ -this- 6ede- er -e €- any- erdixaxee- s€- the -6ity- open - €allure -e €- any- persen- te- seeure- seek- lleexse- axdfer- permit -- (9) Sec. 1 -23 General penalties; continuing violations. Whenever in this Code or in any other ordinance of the City or in any rule or regulation promulgated by any officer or agency thereof, under authority vested in him or it by law or ordinance, where any act is prohibited -er -is -made- or declared to be unlawful or- an- a € €exse,er -a- if the doing of any act is-required- unlawful, or if the failure to do any act is declared to be unlawful er- an- a € €ense,- where- if no specific penalty is provided - therefore; the violation of any such provision of this Code, ordinance, rule or regulation shall be punished by a fine not exceeding-exe-theusand- dellars- {$17090 799 }- two thousand five hundred dollars ($2,500.00). Every day any violation of this Code or any such ordinance, rule or regulationshall continue shall consititute a separate offense. -3- (10) Sec. 1 -25 Acts declared illegal and an offense. Whenever it is set forth in this Code that the doing of any act is prohibited -er- the- emissiex- te- de -aay- net- er- te- ger €erm -any duty; the -same- doing of such act is- hereby- deelared- to -be- unlawful and an offense punishable as such unless otherwise provided in this Code. Whenever any act or dutv is required to be performed under this Code, the omission to do such act or to per unlaw u1 an an offense punishable as such un es SECTION II. The following sections and sub - sections of Chapter 2, Article 1, of the Municipal Code of the City of South Bend, Indiana, are hereby amended to read as follows: (1) Sec. 2 -2(i) The Council shall have the power to financially supervise and investigate all departments, officers, and employees of the City gevernment- and to examine -irate- any charge preferred against -them- a department, officer, or employee of the City,and to investigate iate- the a fairs of any eerperatiea;-€irm;-er- person- ia- whieh -the- Eity- may -be- interested- ia- eextraeting- with whom the City has entered or is about to enter into a contract. (2) Sec. 2 -3 Organization meeting of Common Council; Officer; Election; Terms. The members -elect of the Common Council shall hold their first regular meeting on the first Monday of January after their election at- the- keur -af- 7:30 p.m. in the Council Chambers. At this meeting they shall choose from the members a presiding officer or president and a presiding officer pro tempore or vice president, and all other Council officers- whieh- affieer- who shall serve until noon of the first Monday in January of the next succeeding year. Their successors shall be chosen to serve for one year en car- iref�re at noon on the first Monday of the - next- sueeedixg -year1 of each succee ing January. (3) Sec. 2 -4 Regular meeting of Common Council; Calling of Council to Order; Council- eaeeus- informal meetings. (b) the President of the Council shall schedule Council- eaueus- informal meetings as necessary, giving all Councilmen reasonable notice in writing or by other appropriate means. Such- eaueus- informal - meeting- meetings shall be open to both the press and public as are all regular and special meetings of the Council. The President shall call the Common Council to order at the prescribed time, or in his absence, the Vice President shall act in his stead. Although the parlimentary rules governing procedures for speech and debate may be set aside at the discretion of the President at such- eaueus -- informal meetings, all other rules and regulations governing decorum and standards of conduct shall be in full force and effect whenever a Council member performs any of the duties, obligations and services mandated by his office. (4) Sec. 2 -6. President of Common Council, powers and duties; Vice - President of Common Council, powers and duties. (a) The presiding officer or President of the Common Council, after being duly elected pursuant to Section 2 -3 of this Code, and after taking the oath of office, shall take the chair and preside over all regular, special and- eatieus- informal meetings of the Council. (5) Sec. 2 -7 Duties of City Clerk as Clerk of Council (h) The Clerk shall make available to the press and any other interested person, upon request, public information which is avail- able concerning the subjects to be discussed at any regular, special or eaueus- informal meeting of the Council, and shall make available the time, date, and place of such meetings. (6) Sec,2 -9 Parlimentary Procedure for the Common Council. (v)(4) Any bill which does not conform to the requirements of this sub - section may be rejected by the City Clerk when presented for filine. (ff) Effective date: the effective date of all bills shall be prescribed therein;; however, no bill prescribing a penalty or forfeiture for a violation shall become effective before publication tkeFee €- as- required- by -Seate -law- in the manner prescribed by I.C. 36- 4- 6 -14(b) or (c). Sec. 2 -12 Council meetings; order of business. Business shall be taken up in the following order, unless the Council, by a two- thirds vote shall suspend the rules: (1) pledge to the flag; (2) roll call; (3) minutes of last meeting; (4) special business; (5) reports of Council Committees, report of City offices; (6) Committee of the Whole; (7) bills on second reading; (8) resolutions; (9) bills on first reading; (10) petitions; (11)- Piviiege -e €- eke - €iee unfinished business; (12)- tin €iaisked- btisiaess; new business; (13)- new- btisiaess; privilege oche floor; (14) adjournament. (8) Sec. 2 -12.1 Copies of Correspondence and Reports (a) All Bureau and Department heads who send correspondence addressed to the entire Common Council shall include copies of the same for the Citv Clerk and t e Council Attorney. to the entire SECTION III. This from and after its passage Mayor, and publication. this Code or which are s be sent to the City C1er 7 maintain conies of sai to t Ordinance shall be in full force and effect by the Common Council and approval by the G Member of the Common Council Passed, as amended, February 8, 1982 1&11 fdamtni#tee �rpur# Xv t4t (lam"" (Ioonrd of tot (Wo of OW44 gruel: Your Committee of The Whole to whom was referred BILL NO. 8 -82 A BILL RECODIFYING CHAPTER 1 AND A PORTION OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, as amended: by substitution of a new bill. JOHN VOORDE Chairman F[[[ M[fi r FV ILIf MIMO CO.