HomeMy WebLinkAbout43-25 Amending Section 2-210 of the South Bend Municipal Code to Update Fees and Processes for Public Records Requests 1200 COUNTY-CITY BUILDING 1$013TH 8� Pt ic)Ni. 574/235-9241
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CITY OF SOUTH BEND JAMES MUEJJ.FR,M.vYOR
DEPARTMENT OF LAW
S.\NDR.\KI:NNFDY Ji?NN.\K.Ti IROW
CORPORA TioN COLINsra. CITY A'ITORNI?Y
July 8,2025 Filed in Clerk's Office
Honorable Sheila Niezgodski J ii L 0 8 2025
4th Floor, County-City Building
227 W.Jefferson Blvd. Bianca Tiradoh
City Clerk, South Bend, IN
South Bend,IN 46601
Re: Submission of Ordinance Amending Section 2-210 of the South Bend Municipal Code
Dear Committee Chair Niezgodski:
Enclosed for your review is a proposed ordinance amending Section 2-210 of the South Bend
Municipal Code, which addresses fees and processes for public records requests. The revised
ordinance makes several key updates to this section, including moving the fees to a fee schedule,
adopting fees for review and redaction of law enforcement recordings, prohibiting use of certain
records for commercial purposes,and clarifying the handling of fees for record certification.
I respectfully request that this ordinance be placed on the Council agenda for first reading at
your July 14,2025 meeting,and be scheduled for public hearing,second,and third reading at the July
28, 2025 meeting. I will be presenting the Ordinance.
A full copy of the proposed ordinance is attached for your reference. Should you have any
questions or require additional information, please do not hesitate to contact me at
j throwasou thbendin.gov.
Sincerely,
�Q�'LtLI,c- �1iz.664,-
Jenna Throw
City Attorney
JT/bm
DANIELLE WEISS MICHAEL SCHMIDT KYLIE CONNELL
THOMAS E. PANOWICZ ADAM E.TAYLOR JOHN DORBIN,JR.
Filed in Clerk's Office
JUL 0 8 2025
BILL NO. 43-25
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING
TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS
STATEMENT OF PURPOSE AND INTENT
Section 2-210 of the South Bend Municipal Code provides the regulations governing the
fees for delivery of documents requested through the Access to Public Records Act, as well as fees
for specific public safety services.
The proposed ordinance provides key updates to this Section, including a revision to shift
the list of specific fees to a fee schedule from the Municipal Code, which will assist with the
process for requesting future revisions from the Common Council.
The proposed ordinance also includes an update to include a provision, consistent with
Indiana law, that no fee shall be charged for electronic transmission of records in most
circumstances, unless specified by state law or court order.
The proposed ordinance clarifies the language regarding certification of records and
clarifies the appropriate processing of fees for certification.
The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e) that
prohibits the use of certain requests for information from an electronic data storage system for
commercial purposes.
The proposed ordinance, together with the fee schedule, incorporates updates permitted by
Indiana Code 5-14-3-8(g)(1)to permit charging for the direct costs of producing law enforcement
recordings, which includes the significant time spent in reviewing and redacting law enforcement
recordings consistent with the requirements of the Access to Public Records Act prior to delivery.
Review and redaction of law enforcement recordings represent a significant proportion of the
time spent responding to public record requests, and adopting the charges permitted by Indiana
law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance.
The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(1)
for the expenditures that may be funded with fees collected for the production of a law enforcement
recording.
This ordinance amendment is necessary for the effective, efficient administration of the
Access to Public Records Act process. This ordinance is in the best interest of the City and its
residents.
Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Section 2-210 of the South Bend Municipal Code shall be amended as
follows:
Sec. 2-210. Generally.
(a) The Common Council shall adopt by Ordinance a fee schedule establishing reasonable fees
for delivery of documents delivered as public records under I.C. 5-14-3-2 and providing of
specified public safety services, to be paid by the requesting party not later than the time of
delivery of each of the services or records described. The fee schedule may be accessed on
the City's website or upon in person request.
(b) No fee shall be charged for inspection of the public records indicated above where a copy is
not provided or for electronic copies of records provided by electronic mail, except where a
certification, copying, or search fee is specified by statute or by court order.
(c) The City shall require payment by the purchaser in advance of the City's production of the
record.
(d) The additional charge for certification shall be deposited into the same fund as the fees
collected for the copies of records.
(e) A person who receives information from an electronic data storage system as described in
Indiana Code 5-14-3-3(d)may not use the information for commercial purposes, including
to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan,
give away, or otherwise deliver the information obtained by the request to any other person
for these purposes. Use of the information for the preparation or publication of news, for
nonprofit activities, or for academic research is not prohibited. A person who uses such
information contrary to this subsection may be prohibited by the City from obtaining further
records under Indiana Code 5-14-3-3(d).
(f) Any fees collected pursuant to this section by the South Bend Police Department, other than
for law enforcement recordings, shall be deposited into the law enforcement continuing
education fund for training supplies and equipment with all interest earned on the monies
deposited in said fund be retained therein.
(g) Any fees collected for law enforcement recordings by the South Bend Police Department
shall be deposited into the law enforcement continuing education fund and used for one (1)
or more of the following purposes:
(1) To purchase cameras and other equipment for use in connection with the South
Bend Police Department's law enforcement recording program;
(2) For training concerning law enforcement recording; or
(3) To defray the expenses of storing, producing, and copying law enforcement
recordings.
Money from a fee described in this subsection, together with all interest earned on the
monies deposited in said fund is to be retained therein and does not revert to the general
fund at the end of the fiscal year.
Page 2 of 3
(h) Any fee collected pursuant to this section by the South Bend Fire Department shall be
deposited into the E.M.S. Capital Fund for capital purchases and leases of E.M.S.
equipment, firefighting equipment, and fire station repairs as further addressed in Section 9-
17 of the South Bend Municipal Code.
(Ord. No. 9092-00, § I; Ord. No. 9510-04, §§ I, II; Ord. No. 9568-05, § I; Ord. No 9677-06, § I,
5-22-06; Ord. No. 9780-07, § I, 8-27-07; Ord. No. 9880-08, § I, 11-10-08)
SECTION II. If any section, subsection, sentence, clause, or phrase of this Ordinance
is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole, or any part thereof, other than the part so declared.
SECTION III. This Ordinance shall be effective January 1, 2026.
Canneth J. 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
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
Page 3 of 3
Filed in Clerk's Office
JUL082025
Bianca Tirado
City Clerk, South Bend, IN
Fee Schedule
The following reasonable fees are established,to be paid by the requesting party not later than the delivery
time of each of these services or each of these documents described:
(1) Each page of any document which is a public record under I.C.5-14-3-2 which is not excepted from
disclosure.
a. Noncolor photocopy 0.10
b. Color photocopy 0.25
(2) Motor vehicle accident reports 8.00
(3) Police summary report(a form of report which does not exist as a record prior to public request and is
not explicitly mentioned in this section):
a. Victim 5.00
b. All others 8.00
(4) Police Department crime statistic compilation (a form of report which does exist as a public record
prior to public request)8.00
(5) Audio tapes or CDs, per item:
a. Those reproduced by the City of South Bend 10.00
b. Those requiring outside resources(plus outside costs)2.00
(6) Photographs:
a. Those reproduced by the City of South Bend from its negatives(no larger than 8"x 10")by laser
1.00
b. Those reproduced by the City of South Bend using color sub-dye print method 5.00
c. Enlargement of Polaroid or reproductions requiring outside resources(plus outside cost)2.00
(7) Fingerprinting an individual(per card) 10.00
(8) Fire Investigation reports 25.00
(9) Blueprints, per page 6.00
(10) Videotapes or DVD, per item:
a. Those reproduced by the City of South Bend 10.00
b. Those requiring outside resources(plus outside costs)2.00
(11) Law enforcement recordings:
a. May be charged$50.00 per hour, up to$150.00 per recording, based on actual time spent to
search, log,download, review, upload,edit/redact and process each video associated with the
incident requested. (i.e.,if the request includes two recordings,total cost may be up to$300.00).
Data discs, per disc 3.00
(12) Maps, per square foot of paper 1.00
(13) EMS report 15.00
(14) Motor or recreational vehicle inspection and rebuilt salvage inspection:
a. Occurring at the Police station 5.00
Page 1 of 2
b. Vehicle inspection occurring away from the Police station 15.00
c. Rebuilt salvage inspection occurring away from the Police station 50.00
(15) Limited criminal history reports
a. Request from the subject for a copy of his/her limited criminal history 7.00
b. Copy of limited criminal history on another person 7.00
However such requests shall be provided free if mandated by I.C. 10-13-3.
(16) Providing materials other than public records request 10.00
Unless described in other specific categories:
Per page(non-color)0.25
Per page(color)0.50
Per tape 15.00
For first photograph 15.00
For all others 5.00
(17) Requested mailing of public records:
a.Standard business size or smaller envelope 2.00
b. Manila envelope 9"x 12"or larger 3.00
c. Package 5.00
(18) CPAT testing offered to other Fire Departments:
a. Set up and break down costs 700.00
b. Training session conducted by SBFD 350.00
c. Testing conducted by SBFD(per applicant)45.00
(19) Processing fee for Police Department towing process fees 10.00
(20) No trespass signs: 5.00
(21) If an individual wishes to have any records certified by the City Clerk or any employee of the City of
South Bend,there shall be a five dollar($5.00)charge for the certification in addition to the charges,if any,set
forth above.
Page 2 of 2
Filed in Clerk's Office
JUL G8 2025
Bianca Tirado
City Clerk, South Bend, IN
BILL NO. •
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING
TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS
STATEMENT OF PURPOSE AND INTENT
Section 2-210 of the South Bend Municipal Code provides the regulations governing the
fees for delivery of documents requested through the Access to Public Records Act,as well as fees
for specific public safety services.
The proposed ordinance provides key updates to this Section,including a revision to shift
the list of specific fees to a fee schedule from the Municipal Code, which will assist with the
process for requesting future revisions from the Common Council.
The proposed ordinance also includes an update to include a provision, consistent with
Indiana law, that no fee shall be charged for electronic transmission of records in most
circumstances,unless specified by state law or court order.
The proposed ordinance clarifies the language regarding certification of records and
clarifies the appropriate processing of fees for certification.
The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e)that
prohibits the use of certain requests for information from an electronic data storage system for
commercial purposes.
The proposed ordinance,together with the fee schedule,incorporates updates permitted by
Indiana Code 5-I4-3-8(g)(1)to permit charging for the direct costs of producing law enforcement
recordings,which includes the significant time spent in reviewing and redacting law enforcement
recordings consistent with the requirements of the Access to Public Records Act prior to delivery.
Review and redaction of law enforcement recordings represent a significant proportion of the
time spent responding to public record requests, and adopting the charges permitted by Indiana
law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance.
The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(I)
for the expenditures that may be funded with fees collected for the production of a law enforcement
recording.
This ordinance amendment is necessary for the effective, efficient administration of the
Access to Public Records Act process. This ordinance is in the best interest of the City and its
residents.
Page 1 of S
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Section 2-210 of the South Bend Municipal Code shall be amended as
follows:
Sec.2-210.Generally.
(a) The Common Council shall adopt by Ordinance a fee schedule establishing reasonable fees
for delivery of documents delivered as public records under I.C.5-14-3-2 and providing of
specified public safety services. • .to be paid by
the requesting party not later than the time of delivery of each of these services or each-of
these-records documents-described,_The fee schedule may be accessed on the C'itv's
vebsite or upon in person reuucst.
ublic record wader I.C. 5 14 3 2 which is not • Formatted:List 1
b. Color photo copy 0.25
a. Victim5.00
(5) Audio tapes or CDs,per item:
t
40-12-hetegtoplis
faser l-.00
cost 12_.00
(8) Arson rcports25.00
(10) Videotapes or DVD.per item:
J ob..the Ci.. fSouth n al0 00
a. 1dSC reprodtl Ec" �—nrc-crro�-vvanrocrrar.vw
Page 2 of S
1+,---4:hese--r-eqtttFif)g-atttsitle-r-este-eor,ts-)2,08
(I I)Data discs,per disc3.00
(13)EMS report l 5.00
b. Vehicle inspection occur ng a vay om-th lrce stat;on30.000
However stteh request shall be-provided treeit',:tandate421-by I C. 10 12 3.
Per page°.10
Per tapel5.00
For-41-41ler-s.5400
b. Manila envelope 9"x 12"or larger3.00
u.,cl...ge:00
t _ .
a. Yearl handgun liven a-ap icatioon 0.00
(40.!`PAT• of e_ed r oth,_1.i_e D.p
a. Set and-break down-eosts70. '�trt.00
gs .. ,
(22)No trespass signs:
Page 3 of 5
b.Each laminated 1 I"x 22"6.00
(b) No fee shall be charged for inspection of the public records indicated above where a cops'is
not provided or for electronic copies of records provided by electronic mail,except where a
certification.copying.or search fee is specified by statute or by court order.
(c) Where documents in any one f I I request exceed ten i I I0I paces and for requests of item.;(21
through(125),inclusive.theThe City may shall require payment by the purchaser in
advance of the City's production of the record.
(de)
addition ''' cha " fort" the a The additional charge
for certification shall he deposited into the same fund as the fees collected for the copies of
records.
(e) A person who receives information from an electronic data storage system as described in
Indiana Code 5-14-3-3(d)may not use the information for commercial purposes,including
to sell.advertise,or solicit the purchase of merchandise,goods,or services.or sell,loan.
give away,or otherwise deliver the information obtained by the request to any other person
for these purposes.Use of the information for the preparation or publication of news,for
nonprofit activities,or for academic research is not prohibited. A person who uses such
information contrary to this subsection may be prohibited by the C'it\ from obtaining further
records under Indiana Code 5-14-3-3(d).
(Id) Any fees collected pursuant to this section by the South Bend Police Department,other than
for law enforcement recordings.shall be deposited into the law enforcement continuing
education fund for training supplies and equipment with all interest earned on the monies
deposited in said fund be retained therein.
(g) Any fees collected for law enforcement recordings by the South Bend Police Department
shall be deposited into the law enforcement continuing education fund and used for one(I)
or more of the following purposes:
(1) To purchase cameras and other equipment for use in connection with the South • (Formatted:Indent Left 0.33",Hanging: 0.67"
Bend Police Department's law enforcement recording program:
(2) For training concerning law enforcement recording:or
(3) To defray the expenses of storing.producing.and copying law enforcement
recordings.
Money from a fee described in this subsection,together with all interest earned on the
monies deposited in said fund is to be retained therein and does not revert to the general
fund at the end of the fiscal year.
(he) Any fee collected pursuant to this section by the South Bend Fire Department shall be
deposited into the E.M.S.Capital Fund for capital purchases and leases of E.M.S.
equipment,firefighting equipment,and fire station ion repairs as further
addressed in Section 9-17 of the South Bend Municipal Code.
Page 4 of 5
(Ord.No.9092-00,§I;Ord.No.9510-04,§§I,II;Ord.No.9568-05,§I;Ord.No 9677-06,§I,
5-22-06;Ord.No.9780-07,§I,8-27-07;Ord.No.9880-08,§I, 11-10-08)
SECTION II. If any section,subsection,sentence,clause,or phrase of this Ordinance
is,for any reason,declared to be unconstitutional or invalid,such decision shall not affect the
validity of the Ordinance as a whole,or any part thereof,other than the part so declared.
SECTION III.This Ordinance shall be effective January 1,2026.
Canneth Lee,Council President
South Bend Common Council
Attest:
Bianca 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
City of South Bend, Indiana,on the day of , 2025, at
o'clock .m.
Bianca 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
Page 5 of 5
Filed in Clerk's Office
AuYv U 6 2025
Bianca Tirado
City of South Bend - Bill 43-25 FAQs City Clerk, South Bend, IN
What is this bill about?
This bill is about a few different things,including body camera videos—the ones that police
officers take when they're doing their jobs.These videos can help show what really
happened during police calls.
What Happens When Someone Asks for a Police Video?
When someone(like a lawyer,a news reporter,or a regular person) asks for a copy of a
police video,the City has to:
-Find the videos the person wants
-Watch the whole video
-Blur out people's private information,children's faces,or other private things
-Make sure it's okay to share
This takes a lot of time—sometimes hours and hours!
Sometimes people want all of the police videos,and sometimes their questions can be
answered by one or two videos.The City wants to help people decide if they want all of the
videos,or if they want to narrow down their request.Right now,requests for all of the
videos can include a lot of videos,and they may take a long time to review.
What Does Bill 43-25 Say?
If someone wants a copy of the video to take home or use,they might need to help pay for
the time it takes to get it ready.
-The cost is$50 per hour for the work
-But no one has to pay more than$150 total for a video
-If you just want to watch the video at City Hall,it's free
What Kinds of Videos Does Bill 43-25 Apply To?
-Bill 43-25 applies to"law enforcement recordings"
-"Law enforcement recordings"are videos of police activity captured by certain devices
-It includes cameras that are worn by police or attached to their vehicles provided to or
used by police in the scope of their duties
When are Videos Created?
-Videos are created when the police body cameras or motor vehicle recordings either start
automatically or are turned on manually
-Body camera videos are activated upon entering the area the officer was dispatched to,
when the vehicle door opens,speed,emergency light activation,or manually
-Motor vehicle recording videos are activated by speed,emergency light activation,or
manually-It also includes cameras that are worn by police or attached to their vehicles
Who Still Gets Videos Without Paying for the Work to Review Them?
Some people can still get videos without paying for the work to review them,like:
-People who are part of a criminal court case,when they use the court process to get videos
- People (or their attorneys)who are part of a civil court case,when they use a subpoena to
get videos
- People watching video through the Civilian Police Review Board or other groups like the
Family Justice Center, Internal Affairs,or the Prosecutor's Office
- People who were involved with the video who come in just to watch (not take a copy)
What is a "Requestor"?
-A"requestor" is a person who was involved with a video in some way
-This includes a person who was in the video
- It also includes someone whose property was shown on the video,if the video shows
inside the property
- It also includes victims of crime,injury,or property damage if the video shows what
happened to them
Why Is This Rule Important?
- It helps the City save time and money
- It keeps things fair so lawyers and businesses don't get free work that costs the public
- It still makes sure people can see what really happened when they need to
In Plain Words:
This bill says:
If you want to take a copy of a police video,and it takes a lot of work to get it ready,you
might have to help pay for it.
But if you just want to watch it or you really need it for a good reason,you can still get it
free.
That way,the City can keep helping everyone—and keep things fair.
BILL NO. 43-25
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING SECTION 2-210 OF THE MUNICIPAL CODE PERTAINING
TO FEES AND PROCESSES FOR PUBLIC RECORDS REQUESTS
STATEMENT OF PURPOSE AND INTENT
Section 2-210 of the South Bend Municipal Code provides the regulations governing the
fees for delivery of documents requested through the Access to Public Records Act, as well as fees
for specific public safety services.
The proposed ordinance provides key updates to this Section, including a revision to shift
the list of specific fees to a fee schedule from the Municipal Code, which will assist with the
process for requesting future revisions from the Common Council.
The proposed ordinance also includes an update to include a provision, consistent with
Indiana law, that no fee shall be charged for electronic transmission of records in most
circumstances, unless specified by state law or court order.
The proposed ordinance clarifies the language regarding certification of records and
clarifies the appropriate processing of fees for certification.
The proposed ordinance includes a provision permitted by Indiana Code 5-14-3-3(e) that
prohibits the use of certain requests for information from an electronic data storage system for
commercial purposes.
The proposed ordinance, together with the fee schedule, incorporates updates permitted by
Indiana Code 5-14-3-8(g)(1) to permit charging for the direct costs of producing law enforcement
recordings, which includes the significant time spent in reviewing and redacting law enforcement
recordings consistent with the requirements of the Access to Public Records Act prior to delivery.
Review and redaction of law enforcement recordings represent a significant proportion of the
time spent responding to public record requests, and adopting the charges permitted by Indiana
law is expected to generate beneficial revenue for the purposes set forth in the proposed ordinance.
The proposed ordinance also incorporates guidelines set forth by Indiana Code 5-14-3-8(1)
for the expenditures that may be funded with fees collected for the production of a law enforcement
recording.
This ordinance amendment is necessary for the effective, efficient administration of the
Access to Public Records Act process. This ordinance is in the best interest of the City and its
residents.
Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Section 2-210 of the South Bend Municipal Code shall be amended as
follows:
Sec. 2-210. Generally.
(a) The Common Council shall adopt by Ordinance a fee schedule establishing reasonable fees
for delivery of documents delivered as public records under I.C. 5-14-3-2 and providing of
specified public safety services, to be paid by the requesting party not later than the time of
delivery of each of the services or records described. The fee schedule may be accessed on
the City's website or upon in person request.
(b) No fee shall be charged for inspection of the public records indicated above where a copy is
not provided or for electronic copies of records provided by electronic mail, except where a
certification, copying, or search fee is specified by statute or by court order.
(c) The City shall require payment by the purchaser in advance of the City's production of the
record.
(d) The additional charge for certification shall be deposited into the same fund as the fees
collected for the copies of records.
(e) A person who receives information from an electronic data storage system as described in
Indiana Code 5-14-3-3(d) may not use the information for commercial purposes, including
to sell, advertise, or solicit the purchase of merchandise, goods, or services, or sell, loan,
give away, or otherwise deliver the information obtained by the request to any other person
for these purposes. Use of the information for the preparation or publication of news, for
nonprofit activities, or for academic research is not prohibited. A person who uses such
information contrary to this subsection may be prohibited by the City from obtaining further
records under Indiana Code 5-14-3-3(d).
(f) Any fees collected pursuant to this section by the South Bend Police Department, other than
for law enforcement recordings, shall be deposited into the law enforcement continuing
education fund for training supplies and equipment with all interest earned on the monies
deposited in said fund be retained therein.
(g) Any fees collected for law enforcement recordings by the South Bend Police Department
shall be deposited into the law enforcement continuing education fund and used for one (1)
or more of the following purposes:
(1) To purchase cameras and other equipment for use in connection with the South
Bend Police Department's law enforcement recording program;
(2) For training concerning law enforcement recording; or
(3) To defray the expenses of storing, producing, and copying law enforcement
recordings.
Money from a fee described in this subsection, together with all interest earned on the
monies deposited in said fund is to be retained therein and does not revert to the general
fund at the end of the fiscal year.
Page 2 of 3
(h) Any fee collected pursuant to this section by the South Bend Fire Department shall be
deposited into the E.M.S. Capital Fund for capital purchases and leases of E.M.S.
equipment, firefighting equipment, and fire station repairs as further addressed in Section 9-
17 of the South Bend Municipal Code.
(i) All Public Records request forms for law enforcement Recordings shall contain the
statement "upon the filing of a complaint by a resident with the Community Police Review
Board, the Board Director and the Community Police Review Board will review all
recordings relevant to that complaint.
SECTION II. If any section, subsection, sentence, clause, or phrase of this Ordinance
is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole, or any part thereof, other than the part so declared.
SECTION III. This Ordinance shall be effective January 1, 2026.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca 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
City of South Bend, Indiana, on the day of , 2025, at
o'clock .m.
Bianca 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
Page 3 of 3
Fee Schedule
The following reasonable fees are established, to be paid by the requesting party not later than the delivery
time of each of these services or each of these documents described:
(1) Each page of any document which is a public record under I.C.5-14-3-2 which is not excepted from
disclosure.
a. Noncolor photocopy 0.10
b. Color photocopy 0.25
(2) Motor vehicle accident reports 8.00
(3) Police summary report(a form of report which does not exist as a record prior to public request and is
not explicitly mentioned in this section):
a. Victim 5.00
b. All others 8.00
(4) Police Department crime statistic compilation (a form of report which does exist as a public record
prior to public request)8.00
(5) Audio tapes or CDs,per item:
a. Those reproduced by the City of South Bend 10.00
b. Those requiring outside resources(plus outside costs) 2.00
(6) Photographs:
a. Those reproduced by the City of South Bend from its negatives(no larger than 8"x 10")by laser
1.00
b. Those reproduced by the City of South Bend using color sub-dye print method 5.00
c. Enlargement of Polaroid or reproductions requiring outside resources(plus outside cost) 2.00
(7) Fingerprinting an individual(per card) 10.00
(8) Fire Investigation reports 25.00
(9) Blueprints, per page 6.00
(10) Videotapes or DVD, per item:
a. Those reproduced by the City of South Bend 10.00
b. Those requiring outside resources(plus outside costs) 2.00
(11) Law enforcement recordings:
a. May be charged$25.00 per hour,up to$75.00 per recording,based on actual time spent to
search,log, download, review,upload, edit/redact and process each video associated with the
incident requested.(i.e.,if the request includes two recordings,total cost may be up to $150.00).
b. The fee for law enforcement recordings shall be reviewed after one (1)year of the passage of
this subsection to determine the effectiveness of the fee in reducing time necessary to redact
requested law enforcement recordings.
Data discs, per disc 3.00
(12) Maps, per square foot of paper 1.00
(13) EMS report 15.00
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(14) Motor or recreational vehicle inspection and rebuilt salvage inspection:
a. Occurring at the Police station 5.00
b. Vehicle inspection occurring away from the Police station 15.00
c. Rebuilt salvage inspection occurring away from the Police station 50.00
(15) Limited criminal history reports
a. Request from the subject for a copy of his/her limited criminal history 7.00
b. Copy of limited criminal history on another person 7.00
However such requests shall be provided free if mandated by I.C. 10-13-3.
(16) Providing materials other than public records request 10.00
Unless described in other specific categories:
Per page (non-color)0.25
Per page(color)0.50
Per tape 15.00
For first photograph 15.00
For all others 5.00
(17) Requested mailing of public records:
a.Standard business size or smaller envelope 2.00
b.Manila envelope 9"x 12"or larger 3.00
c.Package 5.00
(18) CPAT testing offered to other Fire Departments:
a. Set up and break down costs 700.00
b. Training session conducted by SBFD 350.00
c. Testing conducted by SBFD(per applicant) 45.00
(19) Processing fee for Police Department towing process fees 10.00
(20) No trespass signs: 5.00
(21) If an individual wishes to have any records certified by the City Clerk or any employee of the City of
South Bend,there shall be a five dollar($5.00)charge for the certification in addition to the charges,if any,set
forth above.
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