South Bend City Ordinance: Permit to have 25+ at private residence

Jason Pham

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On August 13, the the South Bend City Council is going to vote on a new ordinance that requires a permit, gained through an application that costs $15, to have more than 25 guests at any boarding house (student house) at one time. Violation of this ordinance would result in a $500 fine for the first offense and a $1,000 fine for following offenses. The City Council is taking the underhanded method of trying to pass this measure while all the students are away for summer vacation and by piggybacking the ordinance with a parking ordinance hoping to let it fly under the radar. In the council there is no voting interest for the students, who comprise more than 8,000 legal adults who live in the area for the majority of the year. The city is also targeting a specific subgroup of the population, namely the students of Notre Dame.

Does anyone here have any experience or insight as far as what we can do to stop this bill?
 
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GoshenGipper

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I would think that this would greatly affect church groups too. Not to mention that technically you'd have to get a permit to have a birthday party or family reunion. That's just retarded.
 
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OCIrish

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Is this in regards to the City Council not getting in on any of the Gameday money that people just outside of the city are charging for parking? I remember my friend telling me that the city was pissed that they were missing out on taxing people for the Gameday parking that is available on the north end of campus. He said that they put a stop to it in town, but just outside the north end of campus, that is county land and the city can't touch it. I am just wondering if this is in response to them not getting in on the action?
 

leprechaun4life

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I'm sure if you get a petition with enough people signing it, especially the students, they would have to drop the bill. If their trying to gain money, there might be a state ordinance, that since the taxes for private residences go to the state, only the state has the right to govern such permits, and only the state can collect on any money gained from the permits, or something to that effect.
 

tgolden

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are you serious? well, there's also a rule that no one under 21 is supposed to have alcohol. let's see them enforce it... although it will be a pain...

and yea, what are all the little kids going to do about their birthday parties? this is just ridiculous.
 

portlaNDgal

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Wow, that would mean people can't invite more than 1 or 2 families to their homes for a summer cookout. The ND club of Portland could not have had their student sendoff w/o a permit today. Totally agree, freakin' retarded.

Also, does this mean the University would have to get permits for every alumni schmooze they hold in the Morris Inn? ND is within City limits right?

What all students need to do is find out who their City Counselor is and write tot them. Most of them should have contacts thru the City web site. Snail mail is even more effective. If possible, find out when this measure will be voted on, attend the meeting, and speak against it.

District 1: Derek Dieter City of South Bend District 1: D. Dieter

District 2: Charlotte Pfeifer City of South Bend District 2: C. Pfeifer

District 3: Roland Kelly (recently deceased) City of South Bend District 3: R. Kelly

District 4: Ann Puzzello City of South Bend District 4: A. Puzzello

District 5: David Varner City of South Bend District 5: D. Varner

District 6: Ervin Kuspa City of South Bend District 6: E. Kuspa

At Large: Timothy Rouse City of South Bend At Large: T. Rouse

Al Kirsits City of South Bend At Large: A. Kirsits

Karen White City of South Bend At Large: K. White

I didn't check the zoning of the districts; I'll leave that to you activists.

This law will likely only be enforced if someone calls & complains about a student party. Then you can't just be busted for a noise violation, you're busted for a permit violation too. If it passes, make sure you call the cops on every little baby's first bday and old gradma's 90th. The non-student population will sit up when they are fined too.
 

tgolden

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I've seen elsewhere that it is actually for 25+ people and only applies to boarding houses, which directly targets students. i'm not sure if that is accurate though.
 

Jason Pham

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Thanks for the input everyone. Especially PortlaNDgals comprehensive list.

Just wanted to give an updated.

A few South Bend residents caught wind and pressured the Council to up the number to 25. The Council also plans to charge $15 per permit and give out a $500 fine for the first offense.

One of our students cut her holiday short and is coming back to meet with Council Members, has contacted the Alumni Association hoping they will jump to the cause, has an in town lawyer she is working with who was previously the city attorney, and is in contact with the Notre Dame administration.

We have another student in contact with an, and I cringe at the thought of it, ACLU lawyer who practices in South Bend and is a Notre Dame alumnus.
 

Jason Pham

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I've seen elsewhere that it is actually for 25+ people and only applies to boarding houses, which directly targets students. i'm not sure if that is accurate though.

We posted at almost the same time. But you beat me to it. The ordinance originally set a 10 person limit but South Bend residents pressured them into changing the bill to leave them be so the Council upped limit to 25 and added phrasing which would directly target students.
 

SillyIrish

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What is the problem with 25 people in the house? So what you let the other 100 or so party in the yard. Shit I miss walking across a nice sticky kitchen floor other than my own.
 

tgolden

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Student Government has sent out an email, I'm assuming to all ND students. It looks like a lot of people are fighting it.
 

OCIrish

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Good luck to you guys, and the rest of the student body. Never a good thing when city council has nothing better to do than pick a fight with college students. If they can't find a better way of generating money for the city than picking on the student body, then they need to find a better career choice. That's ridiculous, keep us up to date with how everything turns out.
 

Jason Pham

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Small update for everyone. The council has canceled their meeting that was scheduled for the 13th and moved it back a week in order to discuss alternatives, particularly between Student Government and the Common Council.
 

portlaNDgal

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Glad to hear they are discussing this. The rule about "boarding houses" is discriminatory IMO. If they require permits for students, they should require permits for backyard weddings, family reunions etc. I wonder where they got the term boarding house anyway...when I think boarding house I think of a lumber camp.
 

portlaNDgal

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FYI
South Bend Tribune

ND students opposing ordinance
Right to assemble in question with proposal for special events.


JAMIE LOO
Tribune Staff Writer

SOUTH BEND — The University of Notre Dame Student Government Association has been rallying students in opposition to the city's proposed special events legislation, which student leaders say targets students.

The proposed special events and hang-tag lawn parking proposal, which was originally scheduled for public hearings and a vote today, has now been postponed for a special meeting Aug. 20.

Common Council President Timothy Rouse, D-at large, said Friday that he and co-sponsor Al "Buddy" Kirsits, D-at large, decided to continue the bill because it has some loose ends that need to be addressed and council attorney Kathy Cekanski-Farrand has been out of town. Rouse said it's not unusual for an "ordinance of this magnitude" to be continued for special meetings, and for substitute ordinances to also be presented.

Lawn parking during Notre Dame home football games has been debated for years, but it's the addition of special events legislation that has attracted the attention of the Notre Dame SGA.


Part of the proposal calls for properties zoned as "boarding houses" to get a special events permit if a gathering is anticipated to have 25 or more people that have access to alcohol. A "boarding house" is defined as a property in a residentially zoned area that has two or more unrelated people living in it, which covers most student rentals.

The penalty for not obtaining a permit prior to holding the event is $500 for a first offense and $1, 500 for subsequent violations.

"The wording of the ordinance especially with the boarding-house clause is very suspicious," said undergraduate student body president Liz Brown. "Any student that I've talked to feels targeted."

Notre Dame MBA Association President Drew Mitchell, who represents the MBA class of 2008, said students he has talked to feel that the proposal is being "fast-tracked" in the last few weeks of summer, while students have no representation.

"From my perspective, it doesn't bring together the South Bend community and Notre Dame," Mitchell said.

The SGA has been sending e-mails to all students to update them on the proposal. Brown left her internship in Washington, D.C., one day early to drive back to South Bend to meet with students on Friday.

Although the vote has been delayed, she said the SGA is still going to meet with students today for informational purposes. She said she found out about the proposal two weeks ago and has been receiving a lot of feedback from students.

"A lot of the discussion that has taken place has been on Facebook and through e-mails," she said.

Mitchell and Brown said Facebook, the popular college networking site, has a Fight the South Bend Ordinance group, which has more than 2,000 members.

The nature of being in school fosters impromptu gatherings, Mitchell said, which is an important part of student life. He said the proposal restricts the ability of students to gather and may be a violation of their constitutional rights to assemble. The $500 penalty for not having a special event permit is something that both students and city residents can't afford, Mitchell said.

Brown said she is pleased the vote on the proposed ordinance has been delayed so more dialogue can take place between SGA members and the Common Council. She said the SGA and council share the same goal of stopping student disturbances in neighborhoods, but are going about it differently.

"We would prefer to take a more proactive approach to enforce what is currently in place," she said.

Brown is referring to laws such as the disorderly house ordinance, which allows landlords to evict tenants after a first offense.

Student leaders were disappointed when the disorderly house ordinance was passed in the summer of 2005, while most students were gone on summer break. Since then the SGA has formed a community relations committee and has made efforts to foster mutual respect between students and community members.

With the progress that has been made on relationships with the city, Brown said she was surprised things happened the way they did without any student input. She said she hopes the SGA and council can take positive steps to discuss alternatives to deal with student problems in neighborhoods.
 

johnnd05

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Just a heads-up, in case anyone's following this. (Though I imagine those of you it would affect directly have already heard.) This just came in from the ND Student Gov't President (my wife's still a student, hence we got it):

The Common Council announced today in the South Bend Tribune that they will NOT be having a public hearing of the special events permit ordinance on Monday, August 27th. A vote on the ordinance has been postponed indefinitely. The Common Council Committee on Community Relations will still have a meeting at 4:25pm to go over a revised version of the ordinance, but there will be no public comment at the 7pm Common Council meeting. I have not seen an updated version of the ordinance, but it looks as if there will be significant changes - possibly in our favor.

Good job, kids!
 
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