05-12-08 Council Meeting Agenda & Packet

Home Browse Search

violation and a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) for each subsequent violations. Citations shall contain the date, time, name, and address of the violator, the Code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the disposition of the citation. (b) Any firearm found in violation of this Article shall be seized and confiscated. Said firearm may only be returned upon proof of payment of any and all citations issued for such violation(s), upon providing valid proof of ownership of said firearm, upon successful completion of all educational seminars, and upon completion of all community service requirements. (c) Additionally, any person found in violation of this Article, maybe required to attend and successfully complete a minimum of two (2) educational seminars on firearms safety and perform a minimum of twenty (20) hours of community service for each violation. Said seminars shall be conducted by the South Bend Police Department and/or the City's duly authorized agent. All costs related to said seminars shall be paid by the violator. Division 2 -HEARINGS TO ADDRESS CONFISCATED WEAPONS Sec. 13-97. Request for hearing and determination of the board. (a) Any person who has had his or her weapon seized and confiscated under this Article who 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 (10) 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. Sec. 13- 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 by the Police Department. Division 3 -ALL MONIES AND FINES COLLECTED TO BE DEDICATED Sec. 13-99 Monies paid to be deposited in the Juvenile Positive Assistance Fund.