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HomeMy WebLinkAboutAmending Various Sections Municipal Code Pertaing to Penalties for ViolationsORDINANCE N®. 6236 -77 Passed by the Common Council of the City of South Bend, Indiana. October 11 1977 Ate- /�— -'z`-"," City Clerk IRENE K. GAMMON Attest: �/ �1�� President of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana October 12 1977 //V- City Clerk IRENE K. GAMMON Approved and signed by me 3 . �9 -1 ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PERTAINING TO PENALTIES FOR VIOLATIONS STATEMENT OF PURPOSES AND INTENT The Common Council of the City of South Bend realizes the need for consistency in its city ordinances and governing state law. Effective October 1, 1977, cities in the State of Indiana may not provide imprisonment for the violation of an.ordinance. Therefore, in the interest of assuring fair and equitable treat- ment for the violation of ordinances, the following amendment is hereby submitted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Chapter 1, Section 1 -23 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read in its en- tirety 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 thereof, 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 or a misdemeanor or a doing of any act is required, or the failure to do any act is declared to be un- lawful or an offense or a misdemeanor, where no specific penalty is pro- vided therefor, the violation of any of such provisions of this Code, ordinance, rule, or regulation shall be punished by a fine not exceeding �Ph�ee- Htt�e��ee�- Be��a�s- X399 -98} one thousand dollars ($1,000.00). er -bp xtprisemer�t- net- exeeeelg- six- �6 }- menti�s- e- i�eti�. Every day any vio- lation of this Code or any such ordinance, rule, or regulation shall continue shall constitute a separate offense. 10 SECTION II. Chapter 2, Article 16, Section 2 -199 of the Muni- cipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: SEC. 2 -199. Intimidation of voters or City employees, penalty. Whoever, intimidates, threatens; coerces or attempts to intimi- date, threaten or coerce, any other persons for the purpose of interfer- ing with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for or to work for or on behalf of, or not to vote for or not to work for or on behalf of, any candidate for City office, at any election held solely or in part for the purpose of office, shall be fined not more than one thousand dollars ($1,000.00). e- mpser� eel -met- mere- ti�a- s- �b } -et s; -ems- et . SECTION III. Chapter 2, Article 16, Section 2 -204 of the Muni- cipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety 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 thou- sand dollars ($1,000.00)., e- xtp�seeel- met- n3ee -ti�a- six- �6 }- te�iths; ar -bathT SECTION IV. Chapter 4, Article 8, Section 4 -82 of the Munici- pal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: SEC. 4 -82 Penalties. Any violation of any of the provisions of this article shall be punishable by aet- mere- thaw- th�ty -�39 }- days- pseeat; -ems -�y a fine of not more than one thou - 1 000.00). SECTION V. Chapter 7, Article 9, Section 7 -122 of the Municipal Code of the City of South Bend, Indiana is hereby amended to read in its entirety as follows: SEC. 7 -122 Penalty. Any person who violates any provision of this article shall be subject, upon conviction, to a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00)., e- ty- imp�isemeet- met- eeeedig- s- �6 }- meeths; er -bath. The violation of any provision of this article shall consti- tute a separate offense for each day such violation may exist. SECTION VI. Chapter 13, Article 1, Section 13 -23 of the Muni- cipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety 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 facts, shall be deemed guilty of a misdemeanor. Upon conviction, he shall be fined not less than fifty dollars ($50.00) nor more than thee- heeded- de��as- X388 -89} one thousand dollars ($1,000.00) for each offense., and7zer-eederge-}Fa- p }semet- few -met -mere- than -s} -fib } - meths; -ems -bath- Each violation shall be deemed a separate offense, and each act in violation of this article shall constitute a separate offense and be punishable as such. SECTION VII. Chapter 13, Article 3, Section 13 -54(a) of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: (a) Any person who creates and maintains any nuisance defined in this Article, or elsewhere in this Code, or by any other law, or ordinance of the City, and who fails or refuses to abate such nuisance when so ordered, shall be guilty of an offense against the City and upon conviction thereof, he shall be punishable by a fine not to exceed Twe Hnded- He��a�s- �$�99- 98 } -aad- Bests; one thousand dollars ($1,000.00). e- by- mg�semet- a € -met- mere- these -th }qty - {38 }- days; -ems -bath= unless some other penalty is prescribed in any Section of this Article for a particular offense. SECTION VII. Chapter 13, Article 4, Section 13 -55(d) of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: (d) Any person who violates any of the provisions of this Sec- tion shall be subject to a fine not exceeding three- Hnded- Be��a�s i$366 769} One Thousand Dollars ($1,000.00). er -ty -i guise ant- met -e - cee�tng- sgx -�6 }- menthe -er- bath.- Any such violation shall constitute a separate offense on each successive day continued. 8 EPM SECTION VIII. Chapter 13, Article 4, Section 13 -62(a) of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: (a) Any person convicted of willfully turning in or reporting a false fire alarm or false fire call shall be fined not less than Twenty -five Dollars ($25.00) nor more than three- Hundred- Ho��ars- �$388�68} One Thousand Dollars ($1,000.00), er- hy- fpr9eeht- far - met -�ese -than tee- -day9 -per -mere- than- s��- {6 }- �e�ths -er -hy -bath- said -fine -and i�gr }se��e�t- SECTION VIII. Chapter 15, Article 2, Section 15 -38 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: SEC. 15 -38 Penalties. Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor. Upon conviction he shall be fined not more than Aae- Hndred- Beiiars- �.188:88} one thousand dollars ($1,000.00). e�- hy- }�p� }see�eet -ice- the- Ee�ety -�a }�- far- a- pefied- net- e�eeeding- thirty {38 }- days; -er -hy -bath- the - fire- aid- }�priee��eet- SECTION IX. Chapter 16, Article 8, Section 16 -57 of the Muni- cipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: SEC. 16 -57 Penalty., Any person violating any provision of this chapter shall upon conviction, be deemed guilty of a misdemeanor and punished by a fine of not more than three- hedred- deiiars- X388 -88} one thousand dollars ($1,000.00). �e- wh }eh- may -he- added- ipr }seeeet- er- asy- deteriate gem} ad- aet- eeeed }e�- s }- {� } -eths- Each day after the expiration of the time limit'for abating unsanitary conditions as ordered by the Department of Public Works, shall constitute a distinct and separate offense. SECTION X. 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 in its entirety as follows: SEC. 17 -37 Violation or misdemeanor; penalty. Any person who continues any provided for in Section 17 -36, shall conviction, he shall be fined in the Beffars- x$389 -98} one thousand dolla Each day in which any such violation separate offense. violation beyond the time limit be guilty of a misdemeanor. On amount not exceeding Three- Hundred rs ($1,000.00) for each violation. continues shall be deemed as a SECTION XI. Chapter 19, Article 2, Section 19 -35(a) of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: (a) Any occupant, tenant, owner or agent of such owner of any lot, place or area with the City who violates any provisions of this Article, after due notice is given pursuant to Section 19 -33, on con- viction shall be fined not less than Twenty Dollars ($20.00) nor more than three- Hundred- Beiiars- X388 -88} one thousand dollars ($1,000.00). SECTION XII. Chapter 20, Article Municipal Code of the City of South Bend, to read in its entirety as follows: SEC. 20 -105. Penalties. -3- 7, Section 20 -105 of the Indiana, is hereby amended Any person violating the provisions of this Article may be fined not more than One Thousand Dol- lars ($1,000.00). e�- m}��seee7- met- r�te�e- thaw -ety- X96 }- eleys- e- beti�- SECTION XIII. Chapter 21, Article 9, Section 21- 166(a) of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: (a) Any person or any one 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 8, Subdivisions, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars ($10.00) and not more than one thousand dollars ($1,000.00). e- lrttplseneel- r:et- r>tee- thaw- til�ty -�36} day57- er -beth7 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 XIV. Chapter 21, Article 9, Section 21 -167 of the Muni- cipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety 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 misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thou- sand dollars ($1,000.00) for each offense. SECTION XV. This Ordinance shall be in full force and effect from and after its passage by the Common Council, and approved by the Mayor. 10 STATE LAW REFERENCES: his— te- n�axln��T►— penalty; - see -�' 1 . E -1g1; !' I.C. 18- 1- X1.5 -19 Powers relating to punishment for offenses restricted. 1st READING 9'�/% PUBLIC HEARING 2nd READING /0 NOT APPROVED REFERRED PASSED / ..0^ r //- ;, -4- FILED ID CLERK'S OFFICE ireno Gammon CITY CLERK, SOUTH BEND, IND. CITY OF SOUTH BEND COMMON COUNCIL CITY OF SOUTH BEND South Bend, Indiana 46601 September 19, 1977 AREA 219 284 -9321 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 JOSEPH T. SERGE First District Members of the Common Council WALTER M. SZYMKOWIAK 4th Floor, Council Chambers Second District County -City Building TERRY MILLER D Third District South Bend Indiana 46601 ROGER O. PARENT Fourth District Re: Penalties for violation of ROBERT G. TAYLOR City Ordinances Fifth District y WALTER T. KOPCZYNSKI Sixth District Dear Council Members: MARY CHRISTINE ADAMS At Large The attached bill has been drafted to amend all RICHARD C. DOMBROWSKI At Large of our penalty provisions of the Municipal Code so that FRANK HORVATH they will conform to the new state law. At Large I ask for your favorable support. Sincepeby, Rcb r ar nt C nc` President Attachment Effective October 1, 1977, cities in the State of Indiana may no longer use imprisonment as a penalty to a city ordinance. Cities however are now permitted to fine up to one thousand dollars ($1,000.00). The amendments in the proposed bill will affect the penalties in the following sections: Section 1 -23 General Penalty Section 2 -199 Fair Campaign Practices (intimidation of voters or City employees) Section 2 -204 Fair Campaign Practices Section 4 -82 Public Park Violations Section 7 -122 Violations by Massage Establishments and Technicians Section 13 -23 Charitable Solicitations Violations Section 13 -54(a) Nuisance Violations Section 13 -55(d) Offenses Against Public Peace and Safety Section 13 -62(a) False Fire Alarms or False Fire Calls Section 15 -38 Taxicab Violations Section 16 -57 Nuisance Violations (garbage, trash, etc.) Section 17 -37 Sewer Violations Section 19 -35(a) Weeds and Noxious Growths Section 20 -105 Snow Route Violations Section 21- 166(a) Zoning Violations Section 21 -167 Subdivision Violations I ask for your favorable support. Sincepeby, Rcb r ar nt C nc` President Attachment c(To #fit f10mmon (irounril of t4r (Qi#y of ovut4 jrnd: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PERTAINING TO PENALTIES FOR VIOLATIONS. 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.