HomeMy WebLinkAboutAmending Chapter 26 Prohibiting Loitering or ProwlingORDINANCE No. 5135 -70
Passed by the Common Council of the City of South Bend,
12, —1970
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
13, ,n 70
Clerk
of Common Council
Clerk
IDEAL PRESS
Loitering
ORDINANCE NO. 5135 -70
AN ORDINANCE AMENDING CHAPTER 26, SECTION 26 -13,
ORDINANCE NUMBER 1040, SECTION I OF THE MUNICI-
PAL CODE OF THE CITY OF SOUTH BEND, INDIANA,
PROHIBITING LOITERING OR PROWLING
INDIANA: BE IT ORDAINED BY THE COIVMON COUNCIL OF THE CITY OF SOUTH BEND,
SECTION I. That Ordinance Number 1040, Section 1, enacted
April 8, 1901, and being Section 26 -13 of Chapter 26 of the Municipal
Code of the City of South Bend, Indiana, and hereby is, amended to
read as follows: e
Loitering or Prowling
A person commits a violation if he loiters or prowls in a
place, at a time, or in a manner not usual for law - abiding
individuals under circumstances that warrant alarm for the
safety of persons or property in the vicinity. Among the
circumstances which may be considered in determining whether
such alarm is warranted is the fact that the actor takes
flight upon appearance of a peace officer, refuses to ident-
ify himself, or manifestly endeavors to conceal himself or
any object. Unless flight by the actor or other circumstance
makes it impracticable, a peace officer shall prior to any
arrest for an offense under this section afford the actor an
opportunity to dispel any alarm which would otherwise be
warranted, by requesting him to identify himself and explain
his presence and conduct. No person shall be convicted of an
offense under this Section if the peace officer did not comply
with the preceding sentence, or if it appears at .trial that
the explanation given by the actor was true and, if believed
by the peace officer at the time, would have dispelled the alarm.
SECTION II.
This ordinance shall be in full force and effect from and after
its passage by the Common Council, its approval by the Mayor and publication
as required by law.
1st & 2nd READING 12 -8 -69
COnM91 i fEE 0,'- THE WHOLE
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REFERRED
PASSED\ 1 -12 -70
c O
e er of the inOn Council
FILED IN CLERK'S OFFICE
DEC 4 1969
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IN[),
Tommiiirr Komi
(To tkt (gommon (Qounrit of thr (gug of owa4 jurna:
January 12, 1970
Your Committee of the Whole
to whom was referred AN ORDINANCE AMENDING CHAPTER 26, SECTION
26 -13, ORDINANCE NUMBER 1040, SECTION I OF THE
MUNSCIPAL CODE OF THE CITY OF SOUTH BEND,
INDIANA, PROHIBITING LOITERING OR PROWLING.
Respectfully report that they have examined the matter and that in their opinion
the Council as favorable.
.... ..... r ,I1p L�6MING CO.
the Ordinance go to
William W. Grounds
Chairman