Amending 14 Adding New Article 3 Prohibition of Open Alcoholic Beverage Containers

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Substitute Bill No. 51-91 Ordinance No. c?c0‘- 9/ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY ADDING NEW ARTICLE 3 ENTITLED "PROHIBITION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS. " STATEMENT OF PURPOSE AND INTENT: In the last session of the Indiana General Assembly, House Bill No. 1645 was introduced which would have prohibited open alcoholic beverage containers in motor vehicles. This Bill and the various other amendments offered during the last session of the Indiana General Assembly, were allowed to die in the House Committee without a vote. The Common Council acknowledges that the best means of addressing this type of issue is through a state law. However, in light of the fact that the Indiana General Assembly has failed to take action on this important public safety issue, the Council believes that an interim local measure is necessary. The following Ordinance is patterned after House Bill No. 1645, and is believed to be in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section I. Chapter 14 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the addition of Article 3 entitled "Prohibition of Open Alcoholic Beverage Containers" which will read in its entirety as follows: Article 3. Prohibition of Open Alcoholic Beverage Containers Section 14-12. Definitions. (a) "Alcoholic beverage" shall have the meaning set forth in Indiana Code Section 7. 1-1-3-5. (b) "Container" shall have the meaning set forth in Indiana Code Section 7. 1-1-3-13. (c) "Motor vehicle" shall have the meaning set forth in Indiana Code Section 9-1-1-2, except that "motor vehicle, " as used in this Article, shall not include recreational vehicles, as defined in Indiana Code Section 9- 1-1-1(t) and which is designed to transport more than ten 110) passengers including the operator, or any chartered passenger vehicle licensed to operate within the State of Indiana.