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Home My Public Portal About006-1981 - Amending Chapter 130 - LoiteringORDINANCE NO. 6-1981 AN ORDINANCE TO AMEND CHAPTER 130 OF THE MUNICIPAL CODE OF THE CITY OF RICIMND, INDIANA BE IT ORDAINED by the Common Council of the City of Richmond, Indiana that Section 130.26, Loitering, is deleted and substituted therefore the following: (a) "Loitering" shall mean remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and shall also include the colloquial expression "hanging around." (b) "Public Place" shall mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas, parks, schools or school grounds. (c) It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to: (1) Obstruct any public street, public highway, public side- walk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians. (2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress, therein, thereon and thereto. (d) This Ordinance shall be in full force and effect on passage and adoption by the Common Council of the City of Richmond, and publi- cation hereof as required by law. PASSED AND ADOPTED this � day of ( r , 1981, by the Common Council of the City of Richmond, Indiana. President of the Common Council ATTEST: r' JoEllen Trimble, City Clerk PRESENTED to the Mayor of the City of Richmond, Indiana, this 'l-day of t.— )zii- , 1981. City"Cler APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana, this / ' c7, day of 1-),,, � Fl ti , 1981. y ATTE�T : JoEllen Trimble, City Clerk The following Ordinance has been passed by the Common Council of the'City of Richmond, Indiana: ORDINANCE NO. 6-1081 AN ORDINANCE TO A)YM "MR 130 OF TIT- 1'WICI 'Al, OomE OF THE CITY OF RICH )ND, INDIANA BE IT ORDAINID by the Coumnn Council of the City of Richmond, 'Indiana that Section 130,26, Loitering, is deleCed and substitutod therefore the following: (a) "Loitering" sliall mean rmnini;ti; idle in esseni!ally one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stanJ aro:md aua': shall also include the colloquial expression "haiiE,ntg around." (b) "Public Place" shall mean any place to which the general public has access and a right to resort for businoss, cntertainmient, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or Lmnediato area of an), store, shop, restaurant tavern or other place of business and also public grounds, areas, parts, schools or school grounds. (c) It shall be unlawful for any person to loiter, loaf, wander, et stand or rain idle either alone and/or in consort with others in a public place in such manner so as to: (1) Obstruct any public street, public highway, public side- walk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians. (2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highvray, public sidewalk or any other public place or building, all of which pr" wits the free and uninterrupted ingress, egress, and regress, therein, thereon and thereto. (d) This Ordinance shall be in full force 01.1 efC(.'ct en lu; ;age and adoption by the Cuwcn Council of the City of. Rich ond, quid p,bli- eation hereof as required by law. PASSED AND Aj,.M11) this 16t.hday of March 1981, by the Camon Council of the lay of Riclu1wna, n,iaiii i /s/ Kenneth Mills esi cutnt o t c ,ocz�ron �iic i'1 A1TLSr: o' enu� e, 'tty c�T tk PRISLP :D t the Mayor of the City of Richmond, Indiana, this 1 7thday of arc 1981. /s Jorll.en Trimble �yLlerK APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana, this 17thday of March , 1981. GJi.fford J. Dickman yo___��— ATTEST: \ /s/ JoEllen Trimble Jolalen Trifle, City Clerk j PUBLISH: DELIVERED BY: ; March 20 & March 27, 1981 RECEIVED BY: DATE RECEIVED:_____ :nve;# ' 0125f 5 Form Prescribed by State Board of Accounts General Form No. " P (Rev. 1967) City ClerkeeCity a£ Richmond To Palladium Publishing Corporation Dr. .... (Governmental Unit) 117.1 'forth A Street .... Wayne........ County, Indiana ...... $1Gl1MAAA,. 144 kan.a. 47374...... . PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines Head —number of lines Body —number of lines ... , , , , 7 i Tail —number of lines 14 ................ Total number of lines in notice .... , . , y 1..... COMPUTATION OF CHARGES ..... �1...... lines . ..... gJ.P......columns wide equals ...... yl...... equivalent lines at ...... r. 2 5 9_ .cents Per line s...2.3..17..... Additional charge for notices containing rule or tabular work (50 Per cent of above amount) ................ Charge for extra proofs of publication (50 cents for each proof in excess of two) ................ TOTAL AMOUNT OF CLAIM 5...?A.e S 7 .... DATA FOR COMPUTING COST Width of single column 9 ems Number of insertions ....2.. . Size of type 6 point Size of quad upon which type is cast ........ Pursuant to the provisions and penalties of Ch. 155, Acts 1953, 1 hereby certify that the foregoing account is just and correct, that the amount cla' ed is legally due, after allowing all just credits, and that no part of the same has been paid. Date: Mat ch.. 2:;i........ 19. P�.... Title ....... S.A91.h,:eK................ . AN ORDINANCE TO AMEND CHAPTER 130 OF THE MUNICIPAL CODE OF THE CITY OF RICH- MCNVD, INDIANA BE IT ORDAINED by the Camman nci I of the City of Richmond, in- anethatseefi m430.26, Loitering is slated and aubstftuted therefore ,e following: o(a^ LOHeshall mean ra- ing. dirinpp--. essentially one location and droll Include the concept of spending time idly: to be dilatory: to Rnger: to stay: to ante,; in day; to stand around and shall also include the colloq iol expression "hanging around." (b) "Public Place" shall mean any plan to which the general oubl has'sans and o right to yr.'wn but does hot necnsarily moon o i 1 '&" devoted solely to the uses 1 of the public. It shall also include the 1 , or immediate area of j any s r shop, restaurant tav- ern or'ofher place of business and oosl public grounds. o a park+. schoolsorachooI und+. (c) n shall be unlawful for any l l person to loiter, loaf, wonder, 1 stand or remain idle either alone and, in consort with others m a t public plac in such manner so as to: street Obstruct any public street, public highway, pub- , lic sidewalk branY therpub- d place or building n hor I de rig or impeding r tending io hinder or imp*de the free and uninterrupted passage of vehicles, traffic or pedestrians. 121, CommH In or upon any pvu c street. public high- oy, public sidewalk or ony other public place or building a thing which I. ob truction or interference to the free and uninterrupted use of property or with any bu.M.+. Iowi. co,Mucred by anyone In or upon or fav- 9 or trolling on any s ch public tnet public high- y, public sidewalk or any other public place or build- 'ng, elf of which prevents the free and uninterrupted In - grass, egress. and :grea*, therein, theron and shereta (d This ,dirice shall be in full a and effect on passage and adoption by the Common Council of the City of Richmond. PUBLISHER'S AFFIDAVIT State of Indiana ) SS ..... W.a.yne........ County) Personally appeared before me, a notary public in and for said county and state, Bruce E. Coury theundersigned........................................................... .........who, being duly sworn, says that ...he is..QUAS ; fit..d.AdYe—r.tis.i.Ag.Mamagez.. of the...... The.PaiJAdium..-Item............... a ...... PaiHY.............. newspaper of general circulation printed and published in the English language in the (city) of ........... Richmond,.Indiana ...................... in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for. twa.time. g, the dates of publication being as follows: ......are l(J & tiara 27 81 .... .. .1.--�... .•./-......... ........... . Subscribed and sworn to before me this....4-.� h... day of...M?IL.C 1 Notary Public y . J antler+' My commission expires .............. i----r•e••• yl�tL,....... The following Ordinance has been passed by fire Common Council of the'City of Richmond, Ind! an:r : ORDINANCE NO, 6-1981 AN OPI)INANCE TO AKEND CIlAMR 110 01' TFF =11CIPAL CODI' OF 7111, CITY OF R1C1*M. INDIA'L\ BE IT ORILINID by the Common Council of the City of Richriond, Indiana that Section 130.26, Loitering, is deleted and substituted therefore the following: (a) "Loitoringg" shall mean reraining idle in cssrntially one location and shall include tlw concept of spending time idly; to bo dilatory; to linger; to stay; to saunter; to delay; to stand aroto-�d and shall also include the colloquial expression "hanging around." (b) "Public Place" shall mean any place to which the ge;ieral public has access and a right to resort for business, entertai7mient, or other lawful purpose, but does not necessarily mean a `dace devotAl solely to the uses of the public. It shall also include the front or inrmediato area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas, parks, schools or school grounds. (e) It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in ccnsort with others in a public place in such ruiner so as to: (1) Obstruct any public street, public highrmy, public side- walk or any other public place or building by hirdering or impeding or tending to hinder or impede the free and uninterrupted passage of vehiclos, traffic or pedestrians. (2) Corenit in or upon any public street, public I;Sgh%ay, public sidewalk or any other public place or building any act or thing uluc--h is an obstnrction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone In of upon or frwhig er fronting on any such public street, public high,ay, public sidewalk or any other public place or building, all of which pretcnts the free and uninterrupted ingress, egress, anJ rr�gress, therein, thereon and thereto. (d) This Ordinance shall be in full force nul effect on ; !ssngc and adoption by the Common Cocmcil of the Cit} of cation hcrcof as required by law. 1ASSLI) Wj ADC111D this lGthd,;y of March 1981, by the Cwmx)n Cowccil of the Lrtyof RicJc.�c�+. Tcliau;, /s/ Kenneth Mills i ree,i�ut aTt no ormx�n'Clc.riic ATft I-i : iII I:ITA Ity C S u.a'.ten '[ r i, i � e, rt)' C crt Pf.GSi. .i! t the Dlcivr cif thu City of Riclvnond, InOi:;n:.c, ticis 17th�y of �:nru L 1981. t0li 14ID by me, Clifford J. Diclvnan, Moyer of the City of Riclr.:,-nd, Tndiara, this 17thday of _ 14arch _ , 193I. Is/ GIi_ffurd J. 11 L,'.nrol AI1'LSf /s/ JoE.11en Trimble Joi1'_en r1r.'53c, City Clerk i PUBLISH: DELIVERED BY: March 20 S March 27, 1981 RECEIVED BY - DATE RECEIVED: _�_ The following Ordinance kris been passed by Llle Common Council of the City of 'Richmond, Indiana: ' ORDINANCE NO. 6-1981 AN ORDINANCE TO AbEND GiVIER 130 OF TME, A WICII'AL CODF. OF THE CITY OF RICIM-D, INDIANA t IT ecticn1 uy the Common Council of the City of Richmond, Indiana that Section 30.26, Loitering, is deleted and substit_utcd therefore t}:e following: (a) "Loitering" shall mean rerainirb id'.e u: essenr,ially one location and shall include the concept of spe^ding time idly; to be dilatory; to linger; tc stay; to saunter; to delay; to stand around and shall also ircluile the colloquial expression "ha.n%ing arrrrd." (b) "Public Place" shall mean any place to which the general public has access and a right to resort for business, entcrtainment, or other lawful purpose, but does not necessarily lean a pince devoted solely to the uses of the public. It shall also include the front or irmnediate area of any store, shop, restaurant, tavern or other place of business Ind also public grounds, areas, parks, ic:hools or school grounds. Cc) It shall be unlawful for ,any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with ethers in a public place in such manner so as to: (1) Obstruct any public street, public highway, public side- walk or any other public place or building by hindering or impeding or teruling to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians. (2) Cotmnit in or upon any public ,reot, public highway, public sidewalk or any other public place or building any act or thing which is an obstnsctian or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone In o: upon or ft4cing cr fronting on any such public street, public highway, public sid%,alk or any other public place or building, all of tahi.ch precenrs the free and wtinterrupted ingress, egress, arJ rcgress, therein, thereon al.J tilereto. (d) This Chdinrnc^ shall LL in full force a:,l efC��t or. passage ai:d I,duiticn by the Cornon Council of the Cit; of IUC!" and p!Lii .aiicn hrrccf as requircrd by law. PhSSI.D AND ADC"111) thi_� 16th, j cf March ;4R1, by the Co;:asin Cowreil of the .ty of Richroii-Ti.; i,---- -- /s/ Kenneth Mills TWO,; -la nl t��n^_awt�U�.L+.ictl /sL.-!cl L l� L'I1C.1lL��F trI the DLryo: of the: City o: Riclunond, In i:uia, tins 17thday of -._. j_ a r c_ -- ------ --' 1981. /s/ ,JoEllen Trimble AP1'I'.U''m by me, Cli ford J. Die}nan, Mayor of tite City of Richmond, Tneiana, this _-7thday of -- March /s/ Clifford J. /5/ .JoE.11en Trimble Jo:;i'_en :riz.tae, City ['; Lk PUBLISH: DELIVERED BY: March 20 & March 27, 1981 RECEIVED BY: , DATE RECEIVED:��/ �'�� 50 N. FIFTH STREET • RICHMOND, INDIANA 47374 • (317) 966-5561 CLIFFORD J. DICKMAN MAYOR February 25 , 1981 Air. Kenneth Mills, President Members of Common Council $ Mrs. Jo Ellen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 6-1981 Loitering Dear Mr. Mills, Members of Common Council and Mrs. Trimble: EDWA.RD N.ANDERSON cir-; A--o;nF_Y It is my opinion that our present loitering ordinance is unconstitutional as it has inadequate guidelines. There is no real warning of what conduct is illegal nor does it adequately describe the crime so as to prevent arbitrary enforcement. It is too vague and does not give the proper notice requirement. This ordinance now reads: 43.11 LOITERING. (a) No person shall idle or loiter in any public place, park, shed, car, outhouse, alley, street, railroad depot, or place where intoxicating liquors are sold, within this city. (b) No person shall be found begging in the city, or lying or sleeping in, along or upon any public street, alley, park or other public place, or in any building, mill or factory in the city, without having the permission of the owner or occupant thereof to so sleep or be in such place. (c) It shall be unlawful for any person having the reputation or being known as a confidence man, thief, or felon, to be found in any shed, car, outhouse or railroad depot, or to be found pressing, forcing or elbowing his way into any crowd or collection of people, or to interfere or attempt to interfere with the free passage of any person upon any street, sidewalk or alley, or to be found in any public place unable to give a satisfactory account of himself, within the city. Page 2 Mr. Kenneth Mills, Members of Comon Council & Mrs. Jo Ellen Trimble February 25, 1981 Proper ordinances may be passed by legislative authority in the reasonable exercise of its police power to protect public health, morals, safety and the general welfare if the following elements are established: 1. If the act of loitering is so defined specifically and not vaguely. 2. If the public interest outweighs the interest of the individual. (public interest vs. private interest) 3. And, if the police discretion is controlled by specific stand- ards so as to guide the police in their official conduct. I believe that the proposed ordinance before you (No. 6-1981) meets these three criteria --- the ordinance is specific in defining loitering; the ordinance clearly distinguishes conduct calculated to harm and innocent conduct; and third, limits discretion by setting out procedures the police can work effectively without infringing upon the rights of the individuals. sub war derorney for the City of Richmond ENA:er cc: Chief Charles Chris The iollowing Ordinance has been pass;vd by the Common Council of the City of Richmond, Indiana: ORDINANCE NO. 6-1981 AN ORDINANCE TO Farts C114FE-R 130 Or TIT. =ICIpAL CODE OF WE CITY OF RICtf"Z, INDIANA BE IT ORDAI:SD by the Common Council of the City of Richmond, Indiana that Section 130.26, Loitering, is deleted and substituted therefore the following: (a) "Loitering" shall mean rerainintg idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stall] around atal shall also include the colloquial expression "hang'_ng aro-uid." (b) "Public Place" shall mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, brit does rot necessarily riean a ploce devoted solely to the uses of the public. It shall also include the front or i;rmediate area of any store, shop, restaurant, tavern or other place, of business and also public grounds, areas, parks, schools or school grounds. (c) It shall be unlawful for.any porson to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to: (1) Obstruct any public street, public hdglivny, public si.L:- walk or any other public place or building by hindering or impeding or tending to hinder or hij)edo the free and uninterrupted passage of vehiclos, traffic or pedestrians. (L) Commit in or upon any public street, public highway, public sidewalk or ar;y other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or faciri& or fronting on arty such public street, public high ay, public sidewalk or any other public place or building, all of which provents the free and uninterrupted ingress, egress, ar-: rc;;ress, therein, thereon and thereto. (d) This Ordinance shall be in full force a;;J e'.fcxt on y2sage and udopt.ton by the Cormon Ceimcil of the City of Riclr:nota, and pihli- eation hereof as required by law. E'A9Sla Ah'D Al X110 this 16thday of March 1981, by the Coumxn Council of the laity of ]lichmoon, Tn,.TiMi. /s/ Kenneth Mills �-es�eni o't t 1To �onznoti Co.uici'i_�� NITt`'1': . I I IJ,�.1l �I:Ilcn It vc.ilc, l',t;• CI�•11� --- pf1s] fti'.D ttj thu Dftyor cf Utc City of Riclumond, ludiana, this 17thday of =)arc JoFll(-n T'rimblc ty elk _ AI'PPOVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana, this 17thday of ___March _ ^ 1981. /::/ (;Iiffnrd J. ilir'.n.,u bl-ryo-r _. ______.._— _. ATI'L• ST : /s/ JoEllen Trimble Joaleti'iric.blc, City Cle.k j PUBLISH: DELIVERED BY: March 20 & March 27, 1981 RECEIVED BY:L) k DATE RECEIVED: