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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 227 W.JEFFERSON BOULEVARD 4. o c/1?? FAX 574/235-7670 SOUTH BEND,INDIANA 46601-1830 /U'�� d TTY 574/235-5567 w Jy ,,�� A ,K,.?,1 PECE. % k 1865 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 1 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 2