8468-94 Amending Chapter 13 of the South Bend Municipal Code Selected Weapons & Instruments of Violence Prohibited

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Anti-Crime Ordinance Page 11 (d) Additionally, any person found in violation of this Division, shall be required to attend and successfully complete a minimum of two (2) educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All costs related to said seminars shall be paid by the violator. Sec. 13-108 Through Sec. 13-112 Reserved for Future Use. Division IV. Hearings to Address Confiscated Weapons. Sec. 13-113 Request for Hearing and Determination of the Board. (a) Any person who has had his or her weapon seized and confiscated under this Article who has successfully completed all seminar and community service requirements, and has paid all fines assessed, may immediately request a hearing for the return of his or her weapon. The request for hearing must be made by the lawful owner of the weapon and shall be made on forms provided by the City. (b) Within five (5) days of receiving a written request for a hearing, a hearing shall be scheduled before the Board of Public Safety with written notice of the date, place and time being given by the City to the person petitioning for said hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing. (c) If the Board determines that based on the preponderance of the evidence at the time of the hearing that the return of the seized weapon would not pose a safety risk to the person or the community as defined within the stated public policies and principals of this Article, the weapon may be returned. The Board shall render a written decision within ten (10) days following said hearing. Sec. 13-113 Failure to Request Hearing. If a request for a hearing is not made within thirty (30) days of the completion of all seminar and community service requirements, and has paid all fines assessed, the seized weapon shall be deemed abandoned and shall be destroyed of by the Police Department. Sec. 13-114 Through Sec. 13-116 Reserved for Future Use.