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HomeMy WebLinkAbout9880-08 Amend Chapter 2, Article 18, to set and adjust fees for documents and services.ORDINANCE No. 9880-08 Passed by the Common Council of the City of South Bend, Indiana November 10, 20 08 Attest: Attest: ~.w~ Presented by me to the Mayor of the Ciry of South Bend, Indiana November 12, 08 20 _ City Clerk President of Common Council ,~.--~~..l~L-~ -a City Clerk Approved and signed by me November 12 20 0 8 ~-i/~ ~ ~p ORDINANCE NO. ~ ~~ ~ -08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES STATEMENT OF PURPOSE AND INTENT In 2000 the City of South Bend enacted an Ordinance establishing fees for various reports and documents of the City of South Bend, These fees should be and have been reviewed and adjusted periodically to reflect increased costs of the production of these documents and other services. I.C. 36-1-3-8(a)(6) gives the City the authority to set fees providing they are "reasonably related to reasonable and just rates and charges for services." These changes reflect those adjusted costs and establish costs for other services. This Ordinance establishes a higher fee for color photo copies and raises the fee for clerk certifications, finger prints, and motor vehicle accident reports. I.C- 5-14-3- 8 was amended effective July 1, 2007 and now authorizes a certification fee of up to $5.00 and a color copy fee of up to $0.25, both of which are included in this ordinance. The other changes reflect increased costs. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend as follows: Section I. Chapter 2, Article 18, Section 2-210 of the Municipal Code of the City of South Bend is hereby amended to read in its entirety as follows: (a) The following reasonable fees are established, to be paid by the requesting party not later than the time of delivery of each of these services or each of these documents described: 1. Each page of any document which is a Public Record under I.C. 5-14-3-2 which is not excepted from disclosure. (a) non-color photo copy $0.10 (b) color photo copy $0.25 2. Motor vehicle accident reports. $8.00 3. Police Summary Report (a form of report which does not exist as a record prior to public request and is not explicitly mentioned in this section) $x:88 a. Victim 5.00 b. All others $8.00 4. Police Department Crime Statistic Compilation (A form of report which does exist as a public record prior to public request) $x:89 $8.00 5. Audio Tapes or CDs, per-tie item $-1-99 a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 6. Photographs: a. Those reproduced by the City of South Bend from its negatives (no larger than 8" x 10")b_ ly aser. $1.00 b. Those reproduced by the City of South Bend using color sub-dye print method. $5.00 ~. c. Enlargement of Polaroid or reproductions requiring Outside resources (plus outside cost) $2.00 7. ~~es-e€ FingerprintsinQ an Individual. $~00 15.00 ep r card 8. Arson Reports. $25.00 9. Blueprints, per page $6.00 10. Videotapes or DVD ,per-tape item a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 11. ~~F Data Discs, per disc $3.00 12. Maps, per square foot of paper $1.00 13. EMS Report $15.00 14. Motor or Recreational Vehicle Inspection and Rebuilt Salvage Inspection ~~ a. Occurring at the Police Station $5.00 b. Vehicle Inspection Occurring away from the Police Station $30.00 c. Rebuilt Salvage Inspection Occurring away from the Police Station $50.00 15. Limited Criminal History Reports a. Request to process Limited Criminal History $3.00 b. Request from the subject for a copy of his/her Limited Criminal History $~9~$7.00 c. Copy of Limited Criminal History on another person $7.00 However such request shall be provided free if mandated by I.C. 10-13-3. 16. Processing Request for Limited Juvenile History $5.00 17. Providing Materials Other Than Public Records Requests $10.00 plus Unless Falling into Other Specific Cate og ries $0.10 per page; $15.00 per tape; $15.00 for first photograph and $5.00 for all others 18. Requested Mailing of Public Records $~A9-mss e a. Standard Business Size or Smaller Envelope $2.00 b. Manila Envelope 9" x 12" or Larger $3.00 c. Package $5.00 19. Handgun License Application, Subject to Refund per I.C. 35-47-2-3 $-I-9:99 a. Yearly Handgun License Application $10.00 b. Lifetime Handgun License Application, 20. CPAT Testing Offered to Other Fire Departments a. Set Up and Break Down Costs b. Training Session Conducted by SBFD c. Testing Conducted by SBFD 21. Processing Fee for Police Department Tow 22. No Trespass Signs a. Laminated 19" x 26" b. Laminated 14" x 22" c. Metal 18" x 24" $50.00 $F4~9:89 $700.00 $x:99 $350.00 $49:99 per $45.00 applicant $~99- 10.00 $10.00 each $6.00 each $35.00 each (b) Where documents in any one (1) request exceed ten (10) pages and for requests of items 2 through 12, inclusive, the City may require payment by the purchaser in advance of the City's production of the record. (c) If an individual wishes to have any records certified by the City Clerk or any employee of the City of South Bend, there shall be a tie five dollar charge for the certification in addition to the charges, if any, set forth in the above subsection (a). (d) Any fees collected pursuant to this section by the South Bend Police Department shall be deposited into the Law Enforcement Continuing Education Fund for training supplies and equipment with all interest earned on the monies deposited in said fund be retained therein. (e) Any fees collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. capital fund for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station and fire station repairs as further addressed in § 9-17 of the South Bend Municipal Code. Section II. This Ordinance shall be in full force and effect from and after the date of its passage by the Common Council, approval by the Mayor and legal publication. Attest: ~' Member, South B d Common Council City Cl rk Presented by me to the Mayor of the City of South Bend, Indiana on the ~ Z~ day of ~8~.r~,,btr' , 2 po , at Z ~ ~ o'clock ~. m. City Clerk ~ ~L. ~ J Approved and signed by me on the ~Z day of /~~~1 ~-- , 2 ~~, at ~;~ o'clock ~. m. ~*-s-~ Mayor, City o uth Bend, Indiana F:\DATA\SHARE1Legal\Wpdata\TBodnar\Ordinances\Fee Adjustments Amended 102708.doc 1 st BEADING ~ ~ ~ L~ ~ 8 n PUGLIC HEARING (, ~,-10~~~1 0.S Su~S~~@Q' 3 rd P.Er DING ~ ~_~p -v8" 0.S Sct~S~.~"~ NOT AFPROVED REFERRED PASSED I ~-l l7 X08' 0.S S u.~ S ~-t,-~-t~"9-C` filed !n Cl~rlc'~ O~~ice OCT 2 7 2008 JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 68-08 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES 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 by changing Item 6 by adding an additional method of reproducing photos and Item 7 that the charge is per fingerprint card. Oliver Davis Chairperson, Committee of the Whole 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SoUTx BEND, INDIANA 46601-1830 Pxoxa 574! 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES $. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY October 27, 2008 Mr. Timothy Rouse President, South Bend Common Council 41h Floor, County-City Building South Bend, IN 46601 Re: Arnended Fee Ordinance Dear President Rouse: Attached is an amendment to the proposed Fee Ordinance. The only change from the ordinance submitted last week is in Items 6 and 7. A third classification has been added to Item 6. The Police Department has two different methods of reproducing photos. The cost to the department is substantially different and is reflected in the fees proposed. The choice of method is determined by the request of the customer. In Item 7 I have clarified that the charge is per fingerprint card. Each additional original card will take the same amount of time by a police office. Thank you for your consideration, and I apologize for any inconvenience this may cause. Very truly yours, Thomas L. Bodnar Assistant City Attorney TLB/cw ~E~~ R ~~~~Y~~~'~ ~~i~~8 OCT 2 7 2008 Jt3!?II VQ4~~ Eli IN. CIT'(CI-~~h, THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI JOHN R. LIVINGSTON JEFFREY L. SANFORD JOHN E. BRODEN t F ~o~L~~ ORDINANCE NO. -08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES STATEMENT OF PURPOSE AND INTENT In 2000 the City of South Bend enacted an Ordinance establishing fees for various reports and documents of the City of South Bend, These fees should be and have been reviewed and adjusted periodically to reflect increased costs of the production of these documents and other services. I.C. 36-1-3-8(a)(6) gives the City the authority to set fees providing they are "reasonably related to reasonable and just rates and charges for services." These changes reflect those adjusted costs and establish costs for other services. This Ordinance establishes a higher fee for color photo copies and raises the fee for clerk certifications, finger prints, and motor vehicle accident reports. I.C- 5-14-3- 8 was amended effective July 1, 2007 and now authorizes a certification fee of up to $5.00 and a color copy fee of up to $0.25, both of which are included in this ordinance. The other changes reflect increased costs. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend as follows: Section I. Chapter 2, Article 18, Section 2-210 of the Municipal Code of the City of South Bend is hereby amended to read in its entirety as follows: (a) The following reasonable fees are established, to be paid by the requesting party not later than the time of delivery of each of these services or each of these documents described: Each page of any document which is a Public Record under I.C. 5-14-3-2 which is not excepted from disclosure. (a) non-color photo copy $0.10 (b) color photo copy $0.25 2. Motor vehicle accident reports. $8.00 3. Police Summary Report (a form of report which does not exist as a record prior to public request and is not explicitly mentioned in this section) X99 a. Victim 5.00 b. All others $8.00 4. Police Department Crime Statistic Compilation (A form of report which does exist as a public record prior to public request) $-5:99 $8.00 5. Audio Tapes or CDs, per-taFe item $~9 a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 6. Photographs: a. Those reproduced by the City of South Bend from its negatives (no larger than 8" x 10"). $1.00 b. Enlargement of Polaroid or reproductions requiring Outside resources (plus outside cost) $2.00 7. ~€ Fingerprintsing_an Individual. $x:99 15.00 8. Arson Reports. $25.00 9. Blueprints, per page $6.00 10. Videotapes or DVD ,per-tie item a. Those reproduced by the City of South Bend $10.00 b. Those requiring outside resources $2.00 (plus outside costs) 11. ~=ester Data Discs, per disc $3.00 12. Maps, per square foot of paper $1.00 13. EMS Report $15.00 14. Motor or Recreational Vehicle Inspection and Rebuilt Salvage Inspection ~S:A9 a. Occurring at the Police Station $5.00 b. Vehicle Inspection Occurring away from the Police Station 30.00 c. Rebuilt Salvage Inspection Occurring away from the Police Station $50.00 15. Limited Criminal History Reports a. Request to process Limited Criminal History $3.00 b. Request from the subject for a copy of his/her Limited Criminal History $-S:A~ 7.00 c. Copy of Limited Criminal History on another person $7.00 However such request shall be provided free if mandated by I.C. 10-13-3. 16. Processing Request for Limited Juvenile History $5.00 17. Providing Materials Other Than Public Records Requests $10.00 plus Unless Falling into Other Specific Cate og ries $0.10 per page; $15.00 per tape; $15.00 for first photograph and $5.00 for all others 18. Requested Mailing of Public Records $-1-98--pIt}s Pestage a. Standard Business Size or Smaller Envelope $2.00 b. Manila Envelope 9" x 12" or Larger ~ $3.00 c. Package $5.00 19. Handgun License Application, Subject to Refund per I.C. 35-47-2-3 $~-A:89 a. Yearl~Handgun License Application $10.00 b. Lifetime Han~iun License Application, $50.00 20. CPAT Testing Offered to Other Fire Departments a. Set Up and Break Down Costs b. Training Session Conducted by SBFD c. Testing Conducted by SBFD 21. Processing Fee for Police Department Tow 22. No Trespass Signs a. Laminated 19" x 26" b. Laminated 14" x 22" c. Metal 18" x 24" ~49:9A $700.00 ~9:AA 350.00 $499 per 45.00 applicant $5-99-$10.00 $10.00 each 6.00 each $35.00 each (b) Where documents in any one (1) request exceed ten (10) pages and for requests of items 2 through 12, inclusive, the City may require payment by the purchaser in advance of the City's production of the record. (c} If an individual wishes to have any records certified by the City Clerk or any employee of the City of South Bend, there shall be a tie five dollar charge for the certification in addition to the charges, if any, set forth in the above subsection (a). (d) Any fees collected pursuant to this section by the South Bend Police Department shall be deposited into the Law Enforcement Continuing Education Fund for training supplies and equipment with ali interest earned on the monies deposited in said fund be retained therein. (e) Any fees collected pursuant to this section by the South Bend Fire Department shall be deposited into the E.M.S. capital fund for capital purchases and leases of E.M.S. equipment, firefighting equipment and fire station and fire station repairs as further addressed in § 9-17 of the South Bend Municipal Code. Section II. This Ordinance shall be in full force and effect from and after the date of its passage by the Common Council, approval by the Mayor and legal publication. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana F:\DATA\SHARE\Legal\Wpdata\TBodnar\Ordinances\Fee Adjustments Final Rev 102008.doc 1st RAD!1`!G pU6LtC EdEARiNG 3 rd READdNG NOT APP;~OVE'D REFERRED PASSED ~ ~. c...., sir-r,,, ~ti~. ~~ti~, !~. 1400 CovNTY-Cmr BcnLDCNc 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 CHARLES $. LEONE ALADEAN M. DEROSE CITYATTORNEY CHIEF ASSISTANT' CITYATTORNEY October 20, 2008 Mr. Timothy Rouse President, South Bend Common Council 4a' Floor, County-City Building South Bend, IN 46601 Re: Fee Ordinance Dear President Rouse: Periodically the City reviews fees which it charges to reflect its increased costs. When setting these fees we are constricted by various statutes. The two most pertinent are the Indiana Access to Public Records Act (I.C. 5-14-3) and the general restrictions on Home Rule powers found in I.C. 36-1-3-8. Subsection (6) of the latter prohibits any municipality from imposing a service charge or user fee "greater than reasonably related to reasonable and just rates and charges for services." The former applies only to public records but sets an even lower bar by specifically excluding labor costs from any fees charged for public records. In addition, many other specific statutes either absolutely set or limit the amount the City can charge. The Summary Report fee has not been changed since the year 2000. This is not a public record because it does not exist until requested. While the City would be justified in charging $8.00 in all cases based upon the increased labor cost involved, two tiers of charges are recommended, with no increase in the charge made to the victim of the crime. The Crime Statistic compilation fee has also not been changed since the year 2000. Again, this is not a public record, because it does not exist until requested. Beginning with the motor and recreational vehicle inspections, I.C. 9-29-4-2 limits the amount of a motor vehicle inspection fee to $5.00, even though the cost to the City is greater. In accordance with the statute, the City will continue to offer the opportunity to inspect these motor and recreational vehicles at the Police Station for $5.00. However, if the patron requests that the inspection occur away from the Police Station for his/her convenience, we are adding a second charge, the cost of the police officer traveling to the location. For inspections away from the Police Station, there is a distinction between motor vehicle inspections and rebuilt salvage inspections. This distinction and the corresponding fees are based upon the fact that rebuilt salvage inspections require considerably more time by the police officer. THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL HASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD ,JOHN E. BRODEN ~~~ 1~ `7~. Mr. Rouse Page 2 October 20, 2008 Limited Criminal History is another area controlled by statute. While I.C. 10-13-3-30 sets the specific amounts for two of the three categories, I.C. 10-13-3-31 only says that the fee for the subject of the Criminal History should be "reasonable." Although a higher amount might be justified, it probably would probably not be reasonable to charge the subject more for his or her Limited Criminal History than a stranger would be charged for it. Since the postage was not generally put on after the package/envelope was sent to a central location, it was not possible to bill for the exact postage. The revised Item 18 is based upon an average cost. Last year the State of Indiana for the first time made available a lifetime handgun license. The $50.00 fee is allowed in that statute. The refund applies only if the license is denied. The CPAT testing that is offered to other Fire Departments has been increased. It has been four years since this fee was checked and the labor costs involved have risen by approximately 9%. I have been advised that we have never sold copies of fingerprints. However, we do occasionally fingerprint individuals, but we have not established a charge. The amount set is based upon the fact that it takes approximately 1/3 of an hour for a police officer to take the fingerprints and also covers the cost of materials used. The final item are signs which the Police Department makes up when requested for individuals or businesses concerning trespassing. These are not subject to the public records statute and differ in price according to our cost. I will be the primary representative at any hearing in presenting this Ordinance to the Council. Very truly yours, /% 5s.~a ~~u..'~ Thomas L. Bodnar Assistant City Attorney TLB/cw OCT 2 2 2~~~8 JG;it; L~Gi,~uc CITY C.~:~;~, SG. E;~.ti:l, l~1.