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NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA as follows: <br /> SECTION I. Chapter 13, Article 5, Section 13-75.5 (o) (6) of the South Bend Municipal <br /> Code shall be amended to read as follows: <br /> South Bend Municipal Code <br /> Sec. 13-75.5. -Disorderly houses; prohibited. <br /> (a) Definitions. <br /> (1) For purposes of this section,disorderly house means a building, dwelling, establishment, <br /> premises or place where prohibited conduct occurs and it includes the outside area <br /> contiguous to and surrounding the structure such as a yard or lot under the same <br /> ownership. If the building, dwelling, establishment, premises or place is a multiple-unit <br /> dwelling or residence, hotel or motel, or commercial or office building, this definition <br /> applies only to that dwelling unit, room or suite of rooms in the hotel or motel, office <br /> rooms or suite, store, lot or yard in or on which prohibited conduct occurs. <br /> (2) For purposes of this section, owner means: <br /> (a) The recorded owner of the property, as determined by the records of the St. Joseph <br /> County Assessor's Office; <br /> (b) Any party with an equitable interest in the property, provided that such equitable <br /> interest is recorded; and <br /> (c) The trustee of a land trust, if the land trust holds title to such property. <br /> (3) For purposes of this section, occupant means any person over sixteen (16) years of age <br /> whose domicile is the property upon which the prohibited conduct has been found to have <br /> occurred. <br /> (4) For purposes of this section, vacant means a building which is lacking the habitual <br /> presence of human beings who have a legal right to be on the premises, or at which <br /> substantially all lawful business operations or residential occupancy has ceased. <br /> (5) For purposes of this section,prohibited conduct means activities occurring in violation <br /> of the statutes or ordinances relating to any of the following: <br /> a. Gambling, as defined in IC 35-45-5-1; <br /> b. Battery, as defined in IC 35-42-2-1; <br /> c. Contributing to the delinquency of a minor, as defined in IC 35-46-1-8; <br /> d. Resisting law enforcement, as defined in IC 35-44-3-3; <br /> e. Disorderly conduct, as defined in IC 35-45-1-3; <br /> f. Criminal recklessness, as defined in IC 35-42-2-2; <br /> g. Discharge offirearms, as prohibited by Section 13-58 of the South Bend Municipal <br /> Code; <br /> Page 2 <br />