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Home My WebLink AboutAmending Chapter 2 & Chapter 20 Addressing Penalties for Handicapped Parking ViolationsORDINANCE No. +0246.1= Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: August 12, JOHN VOORDE 20 13 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana August 13, 20 13 of Common Council JOHN VOORDE Approved and signed by me 4 q G'US T /1 20 /3 City Clerk Mayor Substitute Bill No. 32 -13 ORDINANCE NO. 0 z�6- ( 3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 19, SECTION, 2 -213; CHAPTER 19, ARTICLE 3, SECTION 19- 63(c)(2); AND CHAPTER 20, ARTICLE 9, SECTIONS 20 -112 AND 20 -113.4 ADDRESSING PENALTIES FOR HANDICAPPED PARKING VIOLATIONS STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 5- 16 -9 -9, the City of South Bend regulates and enforces under Chapter 20, Article 9 of the South Bend Municipal Code, the street, lot, garage and other parking of motor vehicles in a space reserved for persons with a physical disability. During the 2013 term of the Indiana General Assembly, Senate Enrolled Act (SEA) 387 was passed, effective July 1, 2013, which increases the penalty from Fifty Dollars ($50.00) to One Hundred Dollars ($100.00) for parking in space reserved for a person with a disability. Because IC 5- 16- 9 -9(b) provides that a municipal ordinance which regulates parking of motor vehicles in a space reserved for a person with a physical disability "may not conflict with this chapter," South Bend must amend its Municipal Code at Chapter 20, Article 9, and also Chapter 19, Article 3 regulating parking in municipal parks, to provide a penalty consistent with that of IC 5- 16 -9 -5 and IC 5- 16 -9 -8 which were amended under SEA 387. Also requiring amendment to reflect the new penalty is Chapter 2, Article 19, Section 2 -213, which is a schedule of all penalties imposed by various sections of the South Bend Municipal Code. This ordinance authorizes the amendment of affected sections of the South Bend Municipal Code to increase the penalty in the City of South Bend from $50.00 to $100.00 for parking . violations related to spaces reserved for a person with a physical disability. It also deletes the term "handicapped" to be consistent with the language of the Indiana enabling statute, I.C. 5 -16 -9 et seq. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Section 20 -112 of Chapter 20, Article 9 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Section 20 -112.- Penalties. Any motor vehicle found parking in areas designated for the exclusive use of mobility handicapped disabled persons which does not bear a disabled veteran registration plate, a special registration plate, or display a handicapped disabled parking permit issued by any State or municipality, shall be fined fifty dollars ($50:00) one hundred dollars ($100.00). Additionally, any motor vehicle found in violation of this section for longer than one (1) hour shall be towed at the owner's expense. Continuing violations under this section shall constitute a separate offense and be punishable by a separate penalty for each infraction. Section II. Section 20 -113.4 of Chapter 20, Article 9 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Section 20- 113.4.- Penalties. The parking of a vehicle by any person in a space reserved hereunder during the hours such space is reserved without a visible permit showing such parking to be authorized shall be fined rift, dollars ($50.00) one hundred dollars ($100.00). Continuing violations under this section shall constitute a separate offense and be punishable by a separate penalty for each infraction. Section III. Section 19 -63(c) (2) of Chapter 19, Article 3 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Section 19- 63(c)(2) — Traffic control and speed limitations. Any motor vehicle found parking in areas designated for the exclusive use of mobility handicapped disabled persons which does not bear a disabled veteran registration plate or a special registration plate, or display a handicapped disabled parking permit issued by any State or municipality shall be fined fifty dears ($50:00) one hundred dollars ($100.00). Continuing violations under this section shall constitute a separate offense and be punishable by a separate penalty for each infraction. Section IV. Section 2 -213 of Chapter 2, Article 19 of the South Bend Municipal Code shall be -and hereby is amended by the inclusion of the following insertions to the chart in proper numerical order: Municipal Code Section Type of Violation Penalty 19 -63 Parks: Handicapped Disabled parking 54.00 100.00 20 -112 Disabled parking 100.00 20- 113(b) 14andieapped Disabled parking 54.00 100.00 Section V. This Ordinance shall be in full force and effect from Common Council, approval by the Mayor, and notice as required by lav , South Bend Attest: City Clerk after adjqption by the Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of u , 2013, at 13 o'clock m. s� City Terk Approved and signed by me on the 14 day of A Nt- u 3'% , 2013, at !� o'clock Mayor, Ci So nd, Indiana LL t 3 PUBLIC HEARING ? 3 rd READING —t L.— 0-3 0.S NOT APPPOVED PEEERIED PASSED �—� �° � 0-5 SN - IA Filed In Cwfk's Office CITY ?�v��F ?� CI L a 00,0TW 106HP, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 32 -13 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 19, SECTION 2 -213; CHAPTER 19, ARTICLE 3, SECTION 19- 63 (c) (2); AND CHAPTER 20, ARTICLE 9, SECTIONS 20 -112 AND 20 -113.4 ADDRESSING PENALTIES FOR HANDICAPPED PARKING VIOLATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as a substituted with the word handicap with disabled. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CRISTAL C. BRISCO CORPORATION COUNSEL CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF LAW July 17, 2013 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 PHONE 574/ 235 -9241 FAx 574/235 -7670 AI.ADEAN M. DEROSE CITY ATTORNEY Filed in 0, OW' JOHN CITY CLERK, SOUTH BEND, IN Re: Ordinance Amending the South Bend Municipal Code — Handicap Parking Violation Penalties Dear President Dieter: Attached for filing with the South Bend Common Council is a Bill/ Ordinance amending various sections of the South Bend Municipal Code pertaining to the penalty for parking unlawfully in a space reserved for a person with a physical disability. Specifically, the ordinance amends Chapter 20, Article 9, Sections 20 -112 and 20- 113.4; Chapter 19, Article 3, Section 19- 63(c) (2); and Chapter 2, Article 19, Section 2 -213. During the 2013 session of the Indiana General Assembly, the State penalty for infractions related to parking unlawfully in spaces reserved for persons with a physical disability was increased from $50.00 to $100.00, effective July 1, 2013. By State statute (IC 5- 16- 9- 9(b)), any local law which regulates such parking, as South Bend does, must be consistent with State law. That is why this ordinance is being filed with the South Bend Common Council. I will present this Bill to the Common Council at its appropriate committee meeting and at the public hearing during the Common Council's regular meeting. Thank you for your consideration of this matter. Sincerely, Aladean M. DeRose City Attorney CHERYL A. GREENE ANN -CAROL NASH ANDREA L. BEACHKOFSKY LAWRENCE. J. METEIVER JEFFREY L. SANFORD