HomeMy WebLinkAboutAmending Section 25-66 Chapter 29 Providing a Penalty for the Violation of said OrdinanceORDINANCE No. 5080 -69
Passed by the Common Council of the City of South Bend,
it 28, ,,.69
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
April 29, I¢i9
Clerk
)f Common Council
Clerk
TM[ III[[ PM[.. -Oe&4!� .......... 4 ®.
INDIANA:
ORDINANCE NO. 5080 -69
AN ORDINANCE AMENDING SECTION 25 -66 OF
SECTION 65 OF CHAPTER 29 OF THE CODE OF
1949, AS AMENDED, PROVIDING A PENALTY FOR
THE VIOLATION OF SAID ORDINANCE. AS AMENDED.
BE IT ORDAINED BY THE CGEON COUNCIL OF THE CITY OF SOUTH BEND,
SECTION I.
That Section 25 -66 of Section 65 of Chapter 29 of the Code of 1949,
as amended, is hereby further amended to read as follows:
It shall be the duty of the police department to enforce the pro-
visions of this division. Whenever a member of the police department of the
city or other person charged with the enforcement of this division *shall find
is being or has been violated by r
the owner or operator of any vehicle, such officer or person shall notify
such owner or operator of such vehicle, in writing, on a form to be provided
by the city, of such violation. Such notice shall be made in duplicate and
shall be serially numbered and show the specific violation charged, the re-
gistration or state license number of the vehicle involved, the violator's
name, address and operator's license number, if possible to obtain the same,
and any other information which he may then and there discover. One copy of
such notice shall be presented to the violator or owner or operator of such
vehicle, and in case such violator, operator or owner shall not be in pos-
session of, present or in charge of such vehicle, the posting of such notice
or the attachment thereof to a conspicuous place on such vehicle shall be
deemed a sufficient notice of such violation. The notice shall require the
person who has received the notice to appear within forty -eight hours, at the
hour specified in the notice at the traffic violations bureau. It shall be
the duty of the officer or person serving such notice to file the duplicate
copy thereof in the office of the police department of the city.
The owner or operator of such vehicle who has been so notified of a
violation of this division, as herein provided, may, within forty -eight hours
after having been so notified, answer at the office of the traffic violations
bureau of the city, to the charge of such violation of this division as set
forth in such notice, and pay a prescribed fee oft dollars in settlement
of the offense or charge; an acceptance of and payment of the fee and the
authority by the clerk shall be deemed complete satisfaction for the violation
and the violator shall be given a receipt which so states.
Whenever any person has been issued a notice as provided in this
section for the violations as in this section set forth, and shall fail or re-
fuse to appear within the forty -eight hours after such service of such notice
as herein provided at the traffic violations bureau or having appeared shall
fail or refuse to pay the clerk the fee in settlement of the charge and vio-
lation, then the traffic violations bureau shall send to the owner of the
motor vehicle to which the notice was affixed a letter informing him of the
violation and warning him that he will be held responsible for the appearance
of the offender and that in the event such letter is disregarded for a period
of five days a complaint will be filed and a warrant of arrest issued. In
the event it is necessary to issue a warrant of arrest the person named there-
in shall stand trial for the charge, and upon conviction, such person shall be
subject to the penalties prescribed in section 1 -13 of this Code.
All such fees paid or fines paid shall be accounted for as now or
may hereafter be provided by law.
out in this section
mitted to settle G„
SECTION II.
been
ty of three or more ns as set
n_Qn car year shall not be per-
Ton by the payme fee of three dollars,
but shall be required to appear
as
This ordinance shall be in full force and effect from and after its
adoption by the Common Council of the City of South Bend, its approval by the
Mayor and publication, as required by law.
1st & 2nd READING `4-.14 -69
COMMITTEE OF THE WHOLE
PUBLIC HEARING 4 —, 8 -69
3rd READIN4-28
NOT APPROVED '
REFERRED
PASSED 4 -28 -69
_mil " - 94teltt
Member of the Common Council
FILED IN CLERK'S OFFICE
APP, 4 - i9?
KATHRYN L. BL®UGH
CffY CLERK, SOUTH RUIN, ii D,
(lottunt -tu. P}111Yt ,`April 24., 1969
i90 toe Tommon Mounrtl of top (Ing of £+outs bland:
Your Committee The Ordinance Committee,
to whom was referred An Ordinance Amending Section 25 -66 of Section
65 of Chapter 29 of the Code of 1949, as
Amended, Providing a Penalty for the Violation
of Said Ordinance.
Parking Tickets)
Respectfully report that they have examined the matter and that in their opinion the Ordinance
should be amended as follows:
1. In Section 1, line 5, after the word
division delete phrase "shall find that
Sections 25 -57, 25 -58, 25 -59, or 25 -601,
and insert the following
"shall find 9 that Sections 33, 35,36,40
through 40, inclusive and 56 through 61,
inclusive, of Article III of Chapter 25
of the South Bend Municipal Code"
2. In line 5 of the 3rd. paragraph Section 1
delete the words "three dollars" and substitute
the words "one dollar."
3. Paragraph 6, Section 1 is to be deleted
in its entirety. '
Chairman
Lavelvn',
Chairman