10533-17 Amending Chapter 13, Article 5, Section 13-75.5 of the South Bend Municipal Code to add dealing in a synthetic drug lokaliek substance to the list of prohibited activites constituting a disorderly house

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