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• - IIIIIIIIIN-0.j ., <br /> $OU •g 4, <br /> :,t04_\\\\i •11 /mod <br /> �� \� , 1 „ ,mod^ <br /> K��r ',i" <br /> ?„, 1865 ,,;,s <br /> City of South Bend <br /> Joseph E. Kernan, Mayor <br /> Office of the Mayor <br /> October 20, 1993 <br /> Mr. Stephen Luecke, President <br /> South Bend Common Council <br /> 4th Floor, County-City Building <br /> South Bend, IN 46601 <br /> RE: A substitute Ordinance amending Article 5 of Chapter <br /> 13 of the South Bend Municipal Code establishing an <br /> Ordinance which prohibits the presence of Disorderly <br /> Houses in the City of South Bend <br /> Dear Mr. Luecke: <br /> I am attaching for filing a substitute Ordinance amending <br /> Article 5 of Chapter 13 of the South Bend Municipal Code <br /> establishing an Ordinance which prohibits the presence of <br /> Disorderly Houses in the City of South Bend. Please be advised <br /> that the attached substitute Ordinance deletes subsection (h) <br /> formerly entitled "offenses relating to controlled substances as <br /> enumerated in I .C. 35-48-4 . " In the substitute Ordinance, Loud <br /> and Raucous noise appears as subsection (h) . <br /> I .C. 35-48-4-13 presently provides that a person who <br /> maintains a structure upon which the use or sale of illegal <br /> narcotics occurs may be prosecuted for a Class B misdemeanor. <br /> Thus, in order to avoid any legal entanglements regarding <br /> preemption by a State statute, the reference to controlled <br /> substances has been redacted. Further, given the success of the <br /> City' s Drug House ordinance, such a provision is duplicative. <br /> S ' • _-rely, <br /> Jam- _ ° . - aldwell <br /> Attachment 7/ <br /> County-City Building • South Bend, Indiana 46601 • 219/235-9261 • Telefax 219/235-9892 <br />