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05-12-08 Council Meeting Agenda & Packet
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05-12-08 Council Meeting Agenda & Packet
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10/4/2010 3:08:21 PM
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5/8/2008 3:14:18 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
5/12/2008
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ORDINANCE NO. <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND <br />MUNICIPAL CODE CONCERNING FIREARMS <br />STATEMENT OF PURPOSE AND INTENT <br />.Chapter 13, Article 10, sections 94 et sec .. of the South Bend Municipal Code were <br />originally adopted in February 1994 pursuant to "Home Rule" powers granted to local <br />municipalities. Thereafter, the Indiana legislature enacted I.C. 35-47-11 which severely restricts <br />a city's ability to regulate the sale, transfer, and transportation of firearms. Nonetheless, under <br />I.C. 35-47-11-2 a city retains authority to restrict firearms (1) on its own property, (2) within two <br />hundred (200) feet of a school, and (3) in the event of a declared emergency for a period up to <br />seventy-two (72) hours. <br />This ordinance deletes those portions of Chapter 13, Article 10, Sections 94 et sec .. of the <br />South Bend Municipal Code which are inconsistent with or in derogation of I.C. 35-47-11-2 <br />while exercising the residual regulatory powers over firearms granted to cities by state law. <br />Specifically, in order to protect employees, invitees, and visitors on City property, it restricts <br />firearms on City property. <br />NOW, THEREFORE, BE TT ORDAINED by the Common Council of the City of South <br />Bend as follows: <br />Section I. The title of Chapter 13, Article 10, is amended to read as follows: <br />ARTICLE 10. ST'T ~l-`~ ~^a ~AIS^a'`T1L~~-aIS~~~~S n~ v~n~rl~ <br />FIREARMS PROHIBITED ON CITY PROPERTY <br />Section II. The Title of Chapter 13, Article 10, Division 1 is amended to read as follows: <br />DIVISION 1. T~~~n n cc nT n ~r ~zr~ n nn~Tr nn~~~~ir~ PUBLIC PLACES <br />WHERE FIREARMS ARE RESTRICTED OR PROHIBITED <br />Section III. Chapter 13, Article 10, Section 13-94 of the South Bend Municipal Code is <br />hereby deleted. <br />. Section IV. Chapter 13, Article 10, Section 13-95 of the South Bend Municipal Code is <br />hereby renumbered as Section 13-94 and amended to read as follows: <br />Sec. 13-~9-5 94. Definitions. <br />The following definitions shall apply throughout this Article: <br />
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