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HomeMy WebLinkAboutAmending Various Sections Deleting Term "Misdemeanor"ORDINANCE No. 6722 -79 Passed by the Common Council of the City of South Bend, Indiana. e December 17 Ig 79 IRENE K. GAMMON `A ✓✓ Presented by me to the Mayor of the City of South Bend, Ind'ana Clerk ident of Common Council December 18-19 79 IRENE K. GAMMON Approved and signed by me KQa c.a.,,,.`. 9 19- Clerk ,` -41 Mayor ORDINANCE NO. _% AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY DELETING THEREFROM THE TERM "MISDEMEANOR" AND BY DELETING THEREFROM ANY PROVI- SION FOR IMPRISONMENT AS PUNISHMENT FOR A VIOLATION THEREOF. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes that the Indiana General Assembly has amended the "home rule" powers of cities to provide that a city may not declare the violation of an ordinance to be a "misdemeanor" nor impose imprisionment as a penalty for the violation of an ordinance. The purpose and intent of this ordinance is to amend various sections of the Municipal Code in con- formance with State law by declaring the violation of an ordinance to be an "offense" and by establishing a monetary fine as the appro- priate penalty for the violation of an ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, as follows: SECTION I. Chapter I, Section 1 -23 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 1 -23. General penalty; 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 there- of, under authority vested in him or it by law or ordinance, any act prohibited or is made or declared to be unlawful or an offense er a misdemeanep or a doing of any act is required, or the failure to do any act is declared to be unlawful or an offense er a misdeffleaner, where no specific penalty is provided therefor, the violation of any such provisions of this Code, ordinance, rule or regulation shall be punished by a fine not exceeding one thousand dollars ($1,000.00). Every day any violation of this Code or any such ordinance, rule or regulation shall continue shall constitute a separate offense. SECTION II. Chapter I, Section 1 -24 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: S hc. 1 -24. Payment of fines in installments by indigent persons. (a) In the case of indegency of the defendant (a person without means to pay the fine), the imposition of any fine in this Code shall be payable by the defendant to the Clerk of the St. Joseph Superior Court in equal monthly installments of five dollars ($5.00) beginning thirty (30) days after the imposition of the fine until the fine is satisfied in full. (b) Upon default by the defendant of any such monthly install- ments, the entire balance of the fine shall immediately be due and payable by the defendant. * Words deleted - - -- Words added underlined 4e4 The eeurt; Magistrate er jest #ee of the peaee; epee reee4gt of a regert of eeeh default from the 9ierh e€ the St- 3osegh Segerler 8eert3 shall set a date -eae gleee a €- hear4�eg w +th greger eetlee to the defendant erderleg the defendant to appear and ekew -eaese whY he eheeld met be +mgr#eeeed until the €one +s eatle- €led in €ellr -Seeh met +ee shall be made ether by personal eery +ee or by regletered mall to the defendant et the last kRewe addreee -at least €lve -453 days pr &sr to the date -eet -far the hear #eg - kd� A €ter hearing thereea; If the er4!deeee warraete; the eeert; Magletrate er aee4lee of the Peaee shall eeeteeee the defendant to -Imprleeemeet #e the 6eeety aali or ether pleee e€ legal #eeareeratlee Per a term ant to emeeed el* E63 menthe Pep any one offense until the €lRe is €ally paler "4 geeh defendant shall be allowed a eredlt of five dellare �45r884 Pep eaeh day's werh wlthlo eaeh plaee of #fteareeratlee an aeseeet e€ seek flee p4rseaet to the prev"i -ems of 4nelaRa 9ede; geetleme 35 -93 1 -4r4r SECTION III. Chapter I, Section 1425 of the Municipal Code of the City of oBend, Indiana, is hereby amended to read as follows: Se;c. 1 -25. Acts declared illegal and a misdemeaeerr an offense. Whenever it is set forth in this Code that the doing of any act is prohibited, or the omission to do any act or to perform any duty, the same is hereby declared to be unlawful and a misdemeaeer an offense punishable as such unless otherwise provided in this Code. SECTION IV. Chapter 2, Article 4, Section 2 -25 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 2 -25. Preparation of budgets for certain bureaus; penalty for violation. (d) Any person violating this section shall be guilty of a misdemaaer an offense and shall be sub +eet to lmgrleseiRest #s the eeaety gall der a perled met lR eeeese e€ el* 463 feathe3 er be subject to a fine not in excess of five hundred dollars ($500.00), er 4e4k3 and said person may be subject to removal from office. SECTION V.. Chapter 2, Article 16, Section 2 -204 of the Municipal Code o7the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 2 -204. Penalties for violations. Unless specified otherwise herein, any person who violates any of the provisions of this article shall be fined not more than one thousand dollars ($1,000.00)3 er lwPp"Osed Ant mare than sl* X64 Wea4hs3 er bath_ SECTION VI. Chapter 42 Article 2, Section 4 -9 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 4 -9. Indecent shows prohibited; license revocation. (b) Any person who violates the provisions of this Section shall be deemed guilty of a mlademeaaer; an offense. The conducting of an indecent show shall be grounds for revoking any license issued under this Article under the provisions of Section 1 -18. - 2 - SECTION VII. Chapter 4, Article 4, Division 2, Section 4 -23 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 4 -23. Indecent exhibitions prohibited; license revocation. (b) Any person who violates the provisions of this Section shall be deemed guilty of a m4!odemeaeep an offense and, in addition, may have his license revoked under the provisions of Section 1 -18. Such license may be revoked for any violation of the laws of the State committed in the place so licensed. SECTION VIII. Chapter 5, Section 5 -15, of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 5 -15. Penalties. Any person violating any provision of this chapter shall be deemed guilty of a alodomeaeep an offense and shall be punished by a fine of not less than twenty -five dollars ($25.00) nor more than one hundred dollars ($100.00) for each violation. SECTION IX. Chapter 6, Article 2, Section 6 -6(4) of the Muni- cipal ode of the City of South Bend, Indiana, is hereby amended to read as follows: (4) Section 316 is amended to read as follows: "Any person, firm or corporation determined to be in violation of the rules and regulations of the Administrative Building Council shall be subject to actions and penalties prescribed in Indiana Code 1971, 22 -11 -1, Sections 20 through 24 and Section 34, which provide that the Administrative Building Council may conduct hearings and conviction may result in fines up to one hundred dollars ($100.00) for each day of such violation. "It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this code. "Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a m#sdeiReaeeFT an offense, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not less than three dollars ($3.00) nor more than three hundred dollars ($300.00) per day; er 4 #g�see�e €er He# more than R4!14e#Y k904 days; or 4Y bets sueh -flee &Rd 1WPPi- seeFRee# . " SECTION X. Chapter 6, Article 2, Section 6 -6(8) of the Munici- pal Co e of the City of South Bend, Indiana, is hereby amended to read as follows: (8) Chapter 3 is amended by adding new Sections 321, 322, 323 and 324 as follows: - 3 - "Section 321. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or when- ever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or pre- mises unsafe as defined in Section 315 of this code, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to per- form any duty imposed upon the Building Official by this code; pro- vided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner of other persons having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. "'Authorized representative' shall include the officers named in Section 201(a), (b) and (c) of this code. "No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this code. Any person violating this subsection shall be guilty of a FRj_s4emeaaep: an offense. SECTION XI. Chapter 11, Article 4, Section 11 -42 of the Munici- pal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 11 -42. Violation of Article; nuisance abatement; appeals; #s�eeat�e�� penalty. (d) The violation of any provision of this Article, or the refusal to comply with a final order of the Building Commissioner or of the Board of Public Works and Safety if an appeal is taken, shall be a i4edewe"sFT an offense, punishable as other she eaes s offenses defined by this Code. SECTION XII. Chapter 13, Article 1, Section 13 -23 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 13 -23. Penalty. Any person, or any agent, servant, employee or officer thereof, violating any of the provisions of this article, or who aids or abets in the procuring of a violation of any provision part or portion of this article, or who files or causes to be filed an application for a permit which contains false or fraudulent statements of fact, shall be deemed guilty of a misdemeaaerr an offense. Upon conviction, he shall be fined not less than fifty dollars 0.00) nor more than one thousand dollars ($1,000.00) for each offense. Each violation shall be deemed a separate offense, and each act in violation of this article shall constitute a separate offense and be punishable as such. SECTION XIII. Chapter 13, Article 3, Section 13 -40 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 13 -40. Nuisances; businesses prohibited; penalty. (c) Any person violating any of the provisions of this Section, on conviction, shall be fined in any sum not exceeding Three Hundred Dollars ($300.00)T op Impplsesed ae4 to a *esed sj* 464 mes #hs3 ep 4e4k. Any such nuisuance as prohibited by this Section may be abated. - 4 - SECTION XIV. Chapter 13, Article 4, Section 13 -68 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 13 -68. Sale and place of keeping glue restricted; recording of sales required; penalty. (g) Any person who willfully violates any of the provisions of this Section shall be guilty of a an offense. SECTION XV. Chapter 13, Article 6, Section 13 -77 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 13 -77. Penalty for violation of section 13 -76. Any person violating any provision of section 13 -76 of this article, shall, upon conviction, be deemed guilty of a misdameanap an offense and shall be punishable by a fine of not less than ten dollars 10.00) but no more than one hundred dollars ($100.00). SECTION XVI. Chapter 13, Article 6, Section 13 -78 of the Munici- pal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 13 -78. Smoking or carrying lighted objects upon municipally owned buses prohibited. (f) Any person violating any of the provisions of this section shall be deemed guilty of a Fq4rsdemeaaeir an offense and upon conviction thereof shall be fined in an amount not exceeding one hundred dollars ($100.00). SECTION XVII. Chapter 15, Article 2, Division 1, Section 15 -38 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 15 -38. Penalties. Any person violating any of the provisions of this article shall be deemed guilty of a m1ademeaae -+T an offense. Upon conviction he shall be fined not more than one thousand dollars ($12000.00). SECTION XVIII. Chapter 16, Article 8, Section 16 -57 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 16 -57. Penalty. Any person violating any provision of this chapter shall, upon conviction, be deemed guilty of a mirademeaeep an offense and punished by a fine of not more than one thousand dollars ( 1,000.00). Each day after the expiration of the time limit for abating unsanitary conditions as ordered by the Department of Public Works and Safety, shall constitute a distinct and separate offense. SECTION XIX. Chapter 17, Article 2, Division 8, Section 17 -37 of the Municipal—Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 17 -37. Violation a m1reElemeeaept an offense; penalty. Any person who continues any violation beyond the time limit provided for in section 17 -36 shall be guilty of a mi- edemeaaepv an offense. On conviction, he shall be fined in an amount not exceeding one tho usand dollars ($1,000.00) for each violation. Each day in which any such violation continues shall be deemed as a separate offense. - 5 - SECTION XX. Chapter 20, Article 6, Section 20 -59 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 20 -59. Commission of certain acts prohibited. The commission of any of the acts described in this article shall be a violation of this chapter and shall be punishable as a m#sdemeaRep an offense as set forth elsewhere in this Code. SECTION XXI. Chapter 21, Article 9, Section 21 -166 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 21 -166. Penalty for violation of zoning provisions. (a) Any person or anyone acting in behalf thereof who violates or fails to comply with any of the provisions of this chapter with the exception of the provisions of Article 82 Subdivisions, shall be guilty of a mledeme&Rer an offense and upon conviction thereof shall be fined not less than ten dollars ($10.00) and not more than one thousand dollars ($1,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. Any building erected, raised, converted, or land or premises used in violation of any provisions of this chapter or the requirements thereof, is hereby declared to be a nuisance and such nuisance may be abated in such.manner as nuisances are now or may hereafter be abated under existing law. SECTION XXII. Chapter 21, Article 9, Section 21 -167 of the municipal odee o the City of South Bend, Indiana, is hereby amended to read as follows: Sec. 21 -167. Penalty for violation of subdivision provisions. Any person who violates any of the provisions of the Subdivision Ordinance, Article 8 of this chapter, shall be guilty of a >s�eleaaeT an offense and upon conviction shall be punished by a fine of not less than 'fifty dollars ($50.00) nor more than one thousand dollars ($1000.00) for each offense. SECTION XXIII. This ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, Indiana, approval by the Mayor, and legal publication. 1st READING A? _3 — % 5 PUBLIC HEARING 2nd READING NOT APPROVE(? REFERRED PASSED ommon Coun ej,j, er?v EEER!4, ir'