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4SO~T~B~ <br />'I ~ <br />\~„~ ,,, ~ City of South Bend <br />\\ \ PRACE" ~~ ~ <br />`~ ~"'"'~- a Common Council <br />1865 ~ 441 County-City Building • 227 W. Jefferson Blvd <br />South Bend, Indiana 46601-1830 <br />Karen L. White <br />President <br />Members of the South Bend Common Council <br />Roland Kelly 4~" Floor County-City Building <br />Vice-President <br />South Bend, Indiana 46601 <br />(574) 235-9321 <br />Fax (574) 235-9173 <br />TDD (574) 235-5567 <br />http://www ci.south-bend.in.us <br />March 3, 2004 <br />Sean Coleman <br />Chairperson, Committee Re: Substitute Bill No. 12-04 Stun Gun Regulations <br />of the Whole <br />Dear Council Members: <br />Derek D. Dieter <br />Firsc District We are filing for your consideration Substitute Bill No. 12-04 addressing stun <br />Charlotte D. Pfeifer gun regulations. Our Council Attorney, Kathy Cekanski-Farrand met with City <br />Second District Attorney Charles S. Leone and Chief Assistant City Attorney Aladean M. <br />DeRose; and they have recommended two (2) changes to the Bill, which have <br />Roland Kelly been incorporated into the substitute. <br />Third District <br /> The 1S` change affects Sec. 14-35 "Definitions" where "stun gun" is defined. In <br />Ann Puzzello <br />Fourth District light of the 1985 Indiana state law addressing "any mechanism designed to <br /> emit an electronic, magnetic, or other type of charge that equals or does not <br />David Varner exceed the equivalency of a five (5) milliamp sixty (60) hertz shock", we are <br />Fifth District recommending that this language be added to the definition and that such <br /> devices would not be covered by the ordinance but rather by the provisions of <br />Ervin Kuspa Indiana Code § 35-47-8-2. The 2"`~ change affects Sec. 14-38 "Violations and <br />Sixth District Penalties". It is recommended that they be increased to $250.00 for the 15` <br />Sean Coleman violation, 5500.00 for the 2"`~ violations and 51,000.00 for the 3"~ violation. <br />At Large <br /> The City Administration will be speaking in favor of the Substitute Bill on <br />Al "Buddy' Kirsits Monday. Additionally, a live demonstration of a stun gun will be made at <br />At Large Monday's Health and Public Safety Committee, with City Clerk John Voorde <br /> volunteering for the demonstration. We seek your support of this public safety <br />Karen L. White <br />At Large ordinance. Thank you. <br />Kathleen Cekanski-Farranc <br />Council Attorney <br />fety Chairperson <br />cc: Mayor Stephen Luecke <br />City Attorney's Office <br />F;~I~~ i~ Clerk's Office <br />r <br />~~aR 3 ~~0 <br />JOHN VOQRDE <br />CITY CLEB?{, SC". D~R'D, Ik. <br />