05-12-08 Council Meeting Agenda & Packet

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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 ~) ten ~ 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. Section XI. Chapter 13, Article 10, Section 118 is hereby renumbered as Section 98 and is amended as follows: Sec. 13--1-1$ 98. 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 o€ by the Police Department. Section XII. Chapter 13, Article 10, Division 5 is renumbered as Division 3 and retained without amendment. Section XIII. Chapter 13, Article 10. Section 122 is renumbered as Section 99 and is retained in its present form without amendment. Section XIV. Chapter 13, Article 10 Sections 100 through 122 are hereby reserved. Section XV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock . m.