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Amending 14 Adding New Article 3 Prohibition of Open Alcoholic Beverage Containers
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Amending 14 Adding New Article 3 Prohibition of Open Alcoholic Beverage Containers
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Last modified
10/22/2012 1:19:24 PM
Creation date
10/22/2012 1:19:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/26/1991
Ord-Res Number
8206-91
Bill Number
51-91
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• <br /> police powers, courts will not interfere, unless there <br /> has been a clear abuse of disgression. <br /> A 1984 Indiana Appellate Court case noted that if the <br /> State has refrained from regulating in a specific area, <br /> the unit was free to do so. Accordingly, since the <br /> State of Indiana has refrained from specifically <br /> prohibiting open alcoholic beverage containers in motor <br /> vehicles, the City may address this area by local <br /> legislation. I am also attaching a copy of an article <br /> from the March 3, 1991 issue of the South Bend Tribune <br /> which compares the Michigan open container law with <br /> effect of Indiana not having such a State Law. <br /> I an attaching a copy of Substitute Bill 51-91 which <br /> contains new Section 14-16 Signs. This section would <br /> authorize the City Engineer or his designee to <br /> determine appropriate locations for signs giving notice <br /> to the public of this ordinance. <br /> If you or any other members of the Common Council have <br /> any questions, please do not hesitate to contact me. <br /> Thank you. <br /> Attachment <br /> cc: City Clerk <br /> Common Council <br />
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