South Bend, IN Homelessness & Encampment Rules: Sit-Lie Rules (2026)

" The rule is conduct-based, not a blanket ban on sitting, standing, or lying in a public place: it only reaches loitering that actually impedes travel on a street, sidewalk, or other public way. Notably, the same 2002 ordinance that created § 13-7 (Ord. No. 9347-02) simultaneously repealed the city's older § 13-56, which had prohibited "lying or sleeping in certain places," per the editor's note preserved at that now-reserved section. That means South Bend does not currently criminalize sitting or sleeping in public on its own; the enforceable standard is whether the person's presence obstructs traffic.

A South Bend Police officer who observes the conduct issues a dispersal order first; only a person who fails to promptly obey that order is subject to citation. Fines start at not less than $50 for a first offense and rise to not less than $100 for any second or subsequent offense within the same calendar year. Courts may also impose, in addition to or instead of the fine, at least 40 hours of community service. Citations are paid through the city's Ordinance Violations Bureau, and a citation not paid within 30 days accrues a $25 late fee.

Anyone who racks up two or more citations under § 13-7 is deemed to have caused a public nuisance, letting the City file suit in St. Joseph Circuit or Superior Court to enjoin the nuisance activity going forward.