8594-95 Amending Various Sections Chapter 21 Zoning Sale of Firearms

Home Browse Search

Substitute Bill No. 19-95 Ordinance No. a /`I/` /5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING VARIOUS SECTIONS OF CHAPTER 21 "ZONING"OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PROHIBITING THE SALE OF FIREARMS AND AMMUNITION UNDER THE CITY'S PLANNING AND ZONING POWERS. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-7-4-201 et seq., communities are encouraged to "improve the health, safety, convenience and welfare of their citizens and to plan for the future development of their communities..." through the exercise of planning and zoning powers. Public Law 140-1994 specifically authorizes communities to use its planning and zoning powers "...to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994...." (Indiana Code § 35-47-11-1) The Common Council and the City Administration believe that there are numerous public health and safety considerations which support the implementation of reasonable zoning regulations which would prohibit establishments from selling firearms or ammunition within the vicinity of schools and child care homes throughout our community. It is believed that the following ordinance in the the best interests of the citizens of the City of South Bend, Indiana, and is an appropriate use of the City's planning and zoning powers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 21, Article 1, Section 21-1 of the Municipal Code of the City of South Bend,Indiana, is amended by adding the following definitions in alphabetical order to that section: Sec. 21-1. Definitions. Child Care Center and Child Care Ministry shall have the definitions set forth in Indiana Code § 12-7-2, as they may be amended from time to time. Gun and Gunsmith shops shall mean any location where firearms and/or ammunition are being sold as the primary business items. School shall have the definition set forth in Title 20 of the Indiana Code, as it may be amended from time to time. Section II. Chapter 21,Article 2, Division 7, Section 21-18 of the Municipal Code of the City of South Bend, Indiana, is amended by adding new paragraph (e) which shall read in its entirety as follows: (e) Gun and Gunsmith Shops Prohibited in Certain Areas. (A) Firearms and ammunition shall not be sold in any gun or gunsmith shop within two hundred (200) feet of a school, child care center or child care ministry by a person having a business that did not sell firearms within two hundred (200) feet of such facilities before April 1, 1994. Said footage requirement shall be measured from lot line to lot line. (B) A person or persons desiring to use property for a use as a gun or gunsmith shop shall not be entitled to be considered for any variances or special use exceptions regarding the mandatory footage requirements addressed in above paragraph (A).