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

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Stun Gun Regulation Ordinance Page 2 defined in Indiana Code § 35-47-8-2, as being "designed to emit an electronic, magnetic, or other type of charge that equals or does not exceed the equivalency of a five (5) milliamp sixty (60) hertz shock" shall not be subject to these provisions and shall be governed by applicable state law. Sec. 14-36 Prohibited Conduct. (a) It shall be unlawful for any person, firm, or corporation to sell, give away, lend, rent, transfer any stun gun(s) to any person, firm, corporation, or similar entity. (b) It shall be unlawful for any person, firm, corporation or similar entity to possess, use, and/or own any stun gun(s). 5ec.14-37 Exceptions. This Article shall not apply to any sworn law enforcement officer acting within the scope of his or her duties. Sec. 14-38 Violations and Penalties. (a) Anyone violating any of the provisions of this Article may be subject to the following penalties: (1) Citations: For the first violation in a calendar year, a citation shall be issued to the violator imposing a fine of two hundred and fifty dollars ($250.00). The citation issued under this Article shall contain the date, time, name and address of the alleged violator, the section allegedly violated of the South Bend Municipal Code, the nature of the violation, the name of the officer issuing the citation, and instructions as to the disposition of the citation. For the second violation in a calendar year, a citation shall be issued to the violator imposing a fine of five hundred dollars ($500.00). For the third violation in a calendar year, a citation shall be issued to the violator imposing a fine of one thousand dollars ($1,000.00). (2) Civil Action. In addition to the issuance of citation(s), the City Attorney's Office is authorized to bring civil action against any alleged violator of this Article for any and all expenses incurred by the City to address violation(s) of this Article. (b) Each violation of this Article shall constitute a separate offense and be punishable as such.