South Bend, IN Public Conduct: Loitering Rules (2026)
Key Facts
- Prohibited act
- Loitering that obstructs traffic
- First offense fine
- Not less than $50
- Repeat offense fine
- Not less than $100
- Community service option
- Up to 40 hours
- Late fee
- $25 after 30 days unpaid
- Nuisance threshold
- 2+ citations enables injunction suit
Summary
South Bend bars loitering or remaining in any public place to obstruct vehicular or pedestrian traffic under Section 13-7. Anyone who ignores a police order to disperse faces a $50 fine for a first offense, rising to at least $100 for a repeat offense in the same calendar year, plus up to 40 hours of court-ordered community service.
(a)Prohibited activity. No person shall loiter or remain in a public place for the purpose of obstructing vehicular or pedestrian traffic which results in impeding the use of such public way.(b)Any person who fails to promptly obey an order by a police officer to disperse shall be subject to a fine of not less than fifty dollars ($50.00) for the first offense. A second or subsequent offense which occurs within the same calendar year shall be subject to a fine of not less than one hundred dollars ($100.00). In addition to or instead of the above penalties, any person who violates this section may be required to perform community service of not less than forty (40) hours as ordered by a court of competent jurisdiction.(c)Any person issued a citation under this section shall make payment through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of a citation for violating any provision of this section shall result in the assessment of a late fee of twenty-five dollars ($25.00).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Section 13-7 targets loitering that impedes use of a public way rather than mere presence in public. Once an officer orders a person to disperse and the person fails to promptly comply, a citation issues through the Ordinance Violations Bureau; a first offense carries a fine of not less than $50, and a second or subsequent offense within the same calendar year carries not less than $100. Courts may impose, in addition to or instead of the fine, at least 40 hours of community service.
Citations must be paid within 30 days or a $25 late fee attaches. Anyone who racks up two or more citations under this section is deemed to have caused a public nuisance, and the City can sue in circuit or superior court to enjoin the ongoing nuisance activity. South Bend's code separately regulates gang loitering and narcotics-related loitering under Sections 13-1 through 13-6, which let the Police Chief designate enforcement areas and carry steeper fines up to $500 per offense plus 80 hours of community service, but Section 13-7 is the general-purpose loitering and obstruction provision that applies citywide without a designated-area requirement.
Violations & Fines
Failing to disperse after a lawful police order is the chargeable act, not loitering alone. First offense: $50 minimum fine; repeat offense in the same calendar year: $100 minimum, plus possible community service of 40+ hours. Unpaid citations add a $25 late fee after 30 days, and two or more citations support a civil nuisance suit seeking an injunction against the individual.
Frequently Asked Questions
Is it illegal to just stand around in South Bend?
What's the penalty for refusing a police dispersal order in South Bend?
Does South Bend have a separate gang loitering law?
Sources & Official References
Other rules in South Bend
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