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HomeMy WebLinkAboutAmending Chapter 13 Loitering for Solicitation Establishing a PenaltyPassed by the Common Council of the City of South Bend, Indiana _ January 22 10 79 1k�- City Clerk IRENE K. GAMMON President of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana January 23 �9 79 -" City Clerk IRENE K. GAMMON Approved and signed by me 1 „ t 1 C �l 1922 ORDINANCE NO. 7,4 AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING A NEW SECTION 13 -55.1 DEFINING THE OFFENSE OF LOITERING FOR SOLICITATION AND ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes that in certain public places in the City of South Bend persons are known to loiter for the purpose of soliciting other persons to engage in acts of prostitution or other criminal sexual conduct. The Common Council further recognizes that such conduct adversely affects the public peace, safety, and welfare and contributes to the social and economic decline of residential and commercial districts. It is the purpose of the Common Council in enacting this ordi- nance to promote the public peace, safety, and welfare by defining the offense of loitering for solicitation and establishing a penalty for the violation of this ordinance. In keeping with the purpose of this ordinance, it is the intent of the Common Council to deter such conduct by mandating a specific monetary fine to be imposed for the violation of this ordinance, which shall be increased upon conviction of subsequent violations of these provisions. NOW, THEREFORE, BE IT ORDAINED BY THE COPI'RON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 13, Article 4, of the Municipal Code of the City of South Bend, Indiana shall be amended by adding a new section 13 -55.1, as follows: Sec. 13 -55.1. Loitering for solicitation; enforcement procedure; definitions; penalty. (a) It shall be unlawful for any person to loiter or remain in a public place in a manner and under circumstances manifest- ing the purpose of engaging, or soliciting another person to engage in sexual activity. The circumstances which may be con- sidered in determining whether such purposes are manifested are: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop passersby, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gestures. (1) No arrest shall be made, or no citation shall be issued, for a violation of this section unless the arresting officer, by direct demand, first affords such person an opportunity to explain such conduct. (2) No person shall be convicted of a violation of this section if the arresting officer does not comply with the preceding subsection or if it appears at trial that the explanation offered was true and dis- closed a lawful purpose. (b) Definitions. As used in this section: (1) "Known prostitute or panderer" means a person who, within one (1) year previous to the date of an arrest or issuance of a citation for a violation of this sec- tion, has, to the knowledge of the arresting officer, been convicted of a violation of any ordinance of the City of South Bend or statute of the State of Indiana defining and punishing acts of. prostitution, patroniz- ing a prostitute, or promoting prostitution. (2) "Loitering" means remaining idle in essentially one place and shall include the concerts of spending time idly, loafing or walking about aimlessly. (3) "Public place" means an area, either publicly owned or to which the public has access, where offenses relating to sexual conduct are known to have been committed. (4) "Sexual activity" or sexual conduct" mean acts of prostitution, patronizing a prostitute, or promoting prostitution as such acts are proscribed and defined by IC 35- 45- 4 -2, -3, and -4, or as these statutes hereafter shall be amended. (c) Penalty. Any person who violates this section shall be subject to a fine of one - hundred and fifty dollars ($150.00) upon conviction of a first offense. Any person who is con- victed of a second violation of this section within a one year period shall be subject to a fine of two - hundred and fifty dollars ($250.00). Any person who is convicted of a third or subsequent violation of this section within a one year period shall be subject to a fine of not less than three - hundred and fifty dollars ($350.00) nor more than one thousand dollars ($1,000.00). Each day that a violation occurs shall be considered as a separate offense. SECTION II. This ordinance shall be in full force and effect upon passage by the Common Council, signature by the Mayor, and publication as required by law. Isf READING / - 2r -?I PUBLIC NEARING", -) R 2nd READING NOT APPROVED REFERRED PASSED / „-� .7 - f /Z�l ember of the Common oun - 2 - CIERKIS 1978 CI.UY CLERk Sourli SEW, 1 :tip Thomas J. Brunner, Jr. City Attorney Robert M. Parker Chief Deputy CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 January 3, 1979 South Bend Common Council County -City Building 4th Floor Council Chambers South Bend, Indiana 46601 Dear Members of the Common Council: 219/284 -9241 The attached bill is presented to amend the Municipal Code by adding a new section to define and penalize the offense of "Loiter - ing for solicitation ". As you may know, many neighborhood residents and businessmen in the South Michigan Street area and other areas of the City have long complained about the activity of known prostitutes and panderers who loiter in this area to the detriment of the public peace and safety. The proposed ordinance is designed to curb such conduct by establishing a rigorous fine to be imposed upon persons who are found guilty of violating its provisions. This ordinance is based upon similar ordinances which have been upheld by the supreme courts of other states. I believe this proposal constitutes an effective law enforce- ment tool in the effort to safeguard and preserve our residential and commercial neighborhoods. Your favorable action on this matter will be appreciated. Very my yours CityaA�tornjy r, fir. TJBjr /klh Attachment f Tvitmtittu Irvort coo #lit ffommon TOUMil of tot fluty of l VW4 1grub: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 13, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING A NEW SECTION 13 -55.1 DEFINING THE OFFENSE OF LOITERING FOR SOLICITATION AND ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. FRANK HORVATH Chairman FREE PRESS PUBLISHING CO.