HomeMy WebLinkAboutSuspending Enforcement of Chapter 4, Pending Further Study and ReviewORDINANCE No. 10318 -14
Passed by the Common Council of the City of South Bend, Indiana
Aden
Attest
July 28, 2014
Presented by me to the Mayor of the City of South Bend, Indiana
July 29, 20 14
City Clerk
esident of Common Council
Approved and signed by me 'Jvl!l 21 20 N
City Clerk
oto w .41 maim
ORDINANCE NO. , 10 3 � V —C /
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, SUSPENDING ENFORCEMENT OF CHAPTER 4, ARTICLE 4, SECTION
4 -21 OF THE SOUTH BEND MUNICIPAL CODE PENDING FURTHER STUDY AND
REVIEW
STATEMENT OF PURPOSE AND INTENT
On December 9, 2013 the South Bend Common Council passed Ordinance No. 10274 -13
which amended Chapter 4, Article 4 of the South Bend Municipal Code to add a new Section 4-
21 regulating busking, which is the performance of entertainment by individuals on public
sidewalks. Ordinance No. 10274 -13 was "designed to be a pilot program" with formal "review
by the South Bend Common Council and the City Administration no later than August 1, 2014."
It is appropriate that the Council and City Administration undertake full and complete
review of Ordinance No. 10274 -13 to determine its efficacy, its scope, and its terms and
conditions in light of its status as a pilot program. Such review is expected to take several
months, during which time it is appropriate that enforcement of the Ordinance cease.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. Chapter 4, Article 4, Section 4 -21 of the South Bend Municipal Code shall be
committed to review and study by the Common Council and by the City Administration which
shall provide a report to the Council by December 31, 2014.
Section II. Until further action is taken or written directive is issued by the Council, the
City's enforcement of Chapter 4, Article 4, Section 4 -21 shall cease indefinitel .
Section III. This Ordinance shall be in full
for d fe upon by the
Council and approval by the Mayor. r n
, South Bpd Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the 2 day
of
2 0 C`(, at C- 3�, o'clock . M.
A roved and signed by me on the
o'clock M.
I st READING I -[ 14-1 l I
PUBLIC HEARING -7 -L8" —t `f
3 rd READING
NOT APPROVED
REFERRED
PASSED -7
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City erk
i
l 9 day of Jw 14 200- , at
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Filed in
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JOHN voca ^,jul
CITY CLERY, SOU -9 -3 REND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
40 -14 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SUSPENDING ENFORCEMENT
OF CHAPTER 4, ARTICLE 4, SECTION 4 -21 OF THE
SOUTH BEND MUNICIPAL CODE PENDING FURTHER
STUDY AND REVIEW
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.
This bill was heard by the Health & Public Safety Committee.
Valerie Schey
Chairperson, Committee of the Whole
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
July 9, 2014
Mr. Oliver Davis
President, South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
PHONE: 574/235 -9371
FAX:574/235 -9021
Re: A Bill For Further Study of Busker Ordinance and to Suspend Its Enforcement
Dear President Davis:
On December 9, 2013 the South Bend Common Council passed Ordinance No. 10274 -13
which amended Chapter 4, Article 4, by adding a new Section 4 -21. This new Section licensed
and regulated "busking" which is the performance of entertainment by individuals on public
sidewalks. The Statement of Purpose and Intent of Ordinance No. 10274 -13 designated it as a
"pilot program" for which review by the Common Council and City Administration was to take
place by August 1, 2014.
The attached Ordinance directs that Municipal Code Chapter 4, Article 4, Section 4 -21 be
reviewed and studied for efficacy, scope, terms and conditions, and that pending further action
by the Council, enforcement of the ordinance be suspended. The Ordinance provides for a
Report to Council by December 31, 2014.
I will present this Ordinance to the South Bend Common Council at its formal meeting
and at its appropriate Committee meeting which is anticipated to take place July 28, 2014. An
attorney from the City's Department of Law may be present to answer any legal questions you
may have.
Thank you for your consideration of this matter.
Filed in Clerk's officf, Sincerely,
aA"l Z-0MkL_,
=JUL 09 204
Michelle Adams, Licensing Director
JOHN
CITY CLERk; SOUTA REND, IN I
ASSISTANT EXECUTIvE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RFSOURCES
CHRISFIELDING JMN KAIN PAMELA C. MEYER BROCKZEEB