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Home My WebLink AboutAmend Chapter 13, Addition of New Article 3 Entitled Ticket sales Regulations. - ~ '.. ,. •. ORDINANCE No. Passed by the Compton Council of the City ofSoutli Bend, Indiana August 13, Attest: Attest: ~^.s~ ~ Presented by me to the Mayor of the City of South Bend, Indiana Aiirni~t 14, 20 01 City Clerk President of Common Council City Clerk Approved and signed by me August 15, 20 01 Mayor 01 20 ,• ~ . Ordinance No. I Z~1 . t- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 3 ENTITLED TICKET SALES REGULATIONS Statement of Purpose and Intent The Common Council of the City of South Bend, Indiana, acknowledges that there are growing public safety and quality of life concerns in several neighborhoods of the City of South Bend as a direct result of persons attempting to sell tickets to entertainment events. Traffic congestion often results when such persons attempt to self such tickets to individuals in motor vehicles by having prospective purchasers stop in the road and prospective sellers walk in traffic. Additionally, public safety concerns have increased to pedestrians due to the congestion resulting from such ticket sales. The Council further notes that the quality of life in the residential neighborhoods directly adjacent to where such individuals are stopping vehicles and pedestrians while attempting to sell such tickets is being compromised. Many states and cities with similar public safety concerns and other health and welfare considerations have passed reasonable regulations to govern ticket selling. Currently twenty-seven states, the District of Columbia, and most sports-league municipalities in the United States have some form of ticket sales regulation, and three-quarters of the U.S. population resides in those locales. The City of South Bend, Indiana, believes that the following legislation is in the best interests of the public health, safety and welfare of its residents. Now Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 13 of the South Bend Municipal Code is hereby amended by the addition of new Article 3 entitled 'TICKET SALES REGULATIONS" which shall read in its entirety as follows: ARTICLE 3. TICKET SALES REGULATIONS SECTION 13-35 LEGISLATIVE FINDINGS (a) The South Bend Common Council finds that there are public safety reasons to impose ticket sales regulations. Such regulations are aimed at addressing undue congestion Historical Note: The following states have regulated in this area: Alabama, Arizona, Arkansas, California, Connecticut, Florida, Georgia, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, New Me~aco, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Virginia, and Wisconsin. The following are some of the cities which have regulations in this area: Anaheim, Ann Arbor, Arlington, Atlanta, Baltimore, Chicago, Cinannati, Dallas, Denver, Detroit, Green Bay, Indianapolis, Joliet, Kansas City, Los Angeles, Milwaukee, Minneapolis, New York, Portland, Seattle, St. Louis, Virginia Beach, and Washington, D.C. ~~ ~ • . at key street intersections and along other public ways used by pedestrians caused by ticket sellers. (b) The Council further finds that such congestion contributes to increased noise in the adjacent neighborhoods and often damage to private property. (c) The Council further finds that the activity of persons engaged in ticket selling often interferes with the ability of residents of adjacent neighborhoods to quietly enjoy their private property. (d) The Council believes that reasonable regulations of ticket selling in the City of South Bend would serve the community interest by helping to provide a safer environment and enhancing the quality of life where such activity is currently causing detrimental effects on the safety and welfare of the residents of the City. SECTION 13-36 DEFINITIONS For purposes of this Article, the following words and phrases shall have the following meanings: (a) "Place of Public Entertainment" means any privately or publicly owned and operated entertainment facility including but not limited to a theater, stadium, museum, arena, or other place where performances, concerts, exhibits, games, or contests are held and for which an entry fee or admission is charged. (b) "Ticket" means any piece of paper that indicates that the bearer has paid for entry or other evidence that permits entry to a place of public entertainment. (c) "In the Vicinity" means within the greater of fifty feet (50') from the edge of the property line or fifty feet (50') from any thoroughfare adjacent to the property line of any place of public entertainment. SECTION 13-37 PROHIBITED ACTIVITIES RELATED TO TICKET SALES The following regulations shall apply to all activities related to the sale, resale, offer for sale, offer for resale, or purchase with the intent to resell of a ticket irrespective of the price: (a) No person may sell, resell, offer to sell, offer to resell, or purchase with the intent to resell a ticket in or on any street, highway, road, driveway, sidewalk parking area, or while on any other public right-of-way or area adjacent to or in the vicinity of any place of public entertainment. (b) No person may offer to sell tickets to the occupants of vehicles in traffic. (c) No person may offer to sell tickets in a manner that blocks, obstructs, or restricts the passage of pedestrians or vehicles in the lawful use of the sidewalks or streets or other public rights-of-way, ingress or egress to the abutting property, or causing a public safety hazard in the reasonable opinion of a swom police officer observing such activity. (d) No person may offer to sell tickets in a manner that constitutes a nuisance to owners of abutting private property in the reasonable opinion of a swom police officer observing such activity. 2 (e) No person may hold or have a sign that references the sale or offer for the sale of tickets which person by such action causes a public safety hazard or constitutes a nuisance to owners of abutting private property in the reasonable opinion of a sworn police officer observing such activity. SECTION 13-38 PENALTIES (a) Any person who violates any provision of this Article shall be issued a citation. (b) Such citation shall contain the date, time, name and address of the violator, the South Bend Municipal Code section violated, the nature of the violation, location of the violation, and the name of the person and badge number of the sworn police officer issuing the citation. The citation shall have instructions thereon with regard to the deadlines for the payment of fines and the address of where such payments shall be made. (c) Each act committed that is contrary to the provisions of Section 13-37 shall be deemed a separate violation of this Article. (d) Any person who violates this Article for the first time shall be subject to a citation fine in the amount of one hundred dollars ($100.00), which shall be paid through the Ordinance Violation Bureau. (e) All subsequent violations shall be subject to a citation fine of two hundred fifty dollars ($ 250.00). (f) All fines collected pursuant to this Article shall be remitted to the South Bend Police Department's Equipment and Training Fund. Section II. If any part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or Otherwise invalid, such decision shall not affect the validity of the remaining portions of the ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor arid legal publication. ~. Member of the Common 1 st READING ~--2.3'~ ~ PUBLIC HEARING`~~13-41 a S Su.~~e~ ~~' a>~f 3 rd READING ~-\ 3--a~ QS f ul~JSr-~ ~ l.t~.~ &-~..~ CS. ~`~a"~;.co1 NOT APPROVED 3 REFERRED PASSEfl ~ ~- l 3 -4 1 a r S silos ~-t~'~ ~, Ct vrt~,a~.~^,~ ~'I~el~ ~i'1 ~~@C~t~S ~7~g~1~ ~~~~, ~ ~7.OOi LOi3;:1TSJ. r~l.fi~da CITY C1[RI£,:it3. f3Ll:'D, IF;. ,~ - +~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 66-01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 3 ENTITLED ANTI-TICKET SCALPING REGULATIONS 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 substituted and amended as follows: Title changed to: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 3 ENTITLED TICKET SALES REGULATIONS Section 13-38 PENALTIES (a) Any person who violates any provision of the Article shall be issued a citation, and all tickets offered for sale in violation of this Article maybe seized as evidence by a sworn police officer. Take out (and all tickets offered for sale in violation of this Article maybe seized as evidence by a sworn police officer) Andrew Udj ak Chairman