HomeMy WebLinkAbout27-25 Amending Chapter 13, Article 7, Section 13-81 of the South Bend Municipal Code to Update the Ordinances Prohibiting Public Nuisance Noises 1200 COUNTY-QTY BUILDING SovTx g PHONE 574/235-9241
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QTY OF SOUTH BEND JAMES MUELLER,MAYOR
DEPARTIVIENT OF LAW
SANDRA KENNEDY JENNA K.THROW
CORPORATION COUNSEL QTY ATTORNEY
April 8,2025 Filed in Clerk's Office
Honorable Committee Chair Tomas Morgan
4th Floor,County City Building
South Bend,IN 46601 Ci Bianca Tirado
ty Clerk, South Bend IN
RE:Public Nuisance Noise Ordinance
Dear Committee Chair Tomas Morgan:
Enclosed please find an Ordinance proposing repeal of the Public Nuisance Noise Ordinance at Section 13-
81 of the Municipal Code.This amendment is requested because the topic of public nuisance noise is already
regulated in detail by Section 13-57 of the Municipal Code,and Section 13-81 lacks the same level of detail as
Section 13-57.Repealing the less detailed ordinance increases the enforceability of noise regulation and allows
enforcement to proceed clearly under the more detailed provisions.
Please include the attached Ordinance on the Council agenda for first reading at your April 14,2025 Council
meeting and set it for public hearing,2nd,and 3r1 reading at your April 28,2025 Council meeting.
If you have any questions,please feel free to contact me.
Sincerely,
lr
e K.Throw
Ci Attorney
DANIEI.T.F WEISS MICHAEL SCHMIDT KYLIE CONNELL
THOMAS E.PANOWICZ ADAM E.TAYLOR JOHN DORBIN
Filed in Clerk's Office
BILL NO. 27-25
ORDINANCE NO. Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 13,ARTICLE 7, SECTION 13-81 TO REPEAL THE
ORDINANCE PROHIBITING PUBLIC NUISANCE NOISES
STATEMENT OF PURPOSE AND INTENT
Chapter 13, Article 7, Sec. 13-81 of the South Bend Municipal Code provides regulations
for prohibitions on public nuisance noises.
Section 13-57, contained in Chapter 13, Article 4, also contains detailed regulations
regarding unreasonable noise.
As Section 13-57 contains more detailed regulations regarding the same topic, the
regulations in Section 13-81 would be duplicative without providing for the specificity contained
in Section 13-57. An amendment to the Municipal Code repealing Section 13-81 and regulating
the topic of unreasonable noise through Section 13-57 is necessary for the effective enforcement
of these noise regulations.
This ordinance is in the best interest of the City and its residents.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 13, Article 7, Sec. 13-81 shall be repealed in its entirely.:
SECTION II. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
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City of South Bend, Indiana on the _ day of , 2025, at _ o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of _, 2025, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
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