9493-04 Amend Chapter 14 - New Article 5 - Stun Gun Regulations

Home Browse Search

Ordinance No. ~ 3 -~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED "STUN GUN REGULATIONS" STATEMENT OF PURPOSE AND INTENT The Common Council recognizes that there are many manufacturers ofnon-lethal weapons. For example, there are three (3) basic types of stun gun weapons made for retail, namely: static charge guns; Phase Induction guns; and T-Wave guns. Static charge stun guns immobilize a person by using an electric current powered by static charges; Phase Induction stun guns deliver a charge through an electric current; and T-Wave stun guns disrupts the brain's signals to the body by means of an electric current completed with electro- musculardisruption. Retailers are also distributing liquid stun guns which are considered dangerous super soakers and work in the same way as a T-wave gun except that water streams in place of wires to carry the electric current. Growing public safety concerns have resulted in many jurisdictions enacting reasonable public safety regulations addressing the sale, possession, and/or use of stun guns by individuals who are not law enforcement officers properly trained in the use such stun guns. As a result, the following municipalities have enacted local legislation restricting stun guns: Annapolis, MD; Baltimore, MD; Baltimore County, MD; Chicago, IL; Dension, IA; Crawford County, IA; District of Columbia; and Philadelphia, PA. Additionally, the following states have enacted laws which restrict the use of air tasers and stun guns, namely: Hawaii, Massachusetts, Michigan, New Jersey, New York, Rhode Island, and Wisconsin. The following regulations are based on public safety concerns and are believed to be in the best interests of the City of South Bend, Indiana. Now, therefore, be it ordained by the Common Cozcncil of the City of South Bend, Indiana, as follows: Section I. Chapter 14 of the Soccth Bend Mtcnicipal Code shall be amended by the inclusion of new Article 7 which shall read in its entirety as follows: Article 7. Stun Gun Regulations. Sec. 14-35 Definitions. "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable, stun, daze, traumatize, incapacitate or paralyze a person. Stun guns shall include but not be limited to static charge guns, phase induction stun guns, T-wave guns, liquid stun guns and similar devices. For purposes of this Article, any mechanism