06-09-08 Council Meeting Agenda & Packet

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SUBSTITUTE BILL No 26-08 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS STATEMENT OF PURPOSE AND INTENT Chapter 13, Article 10, sections 94 et sec. of the South Bend Municipal Code were originally adopted in February 1994 pursuant to "Home Rule" powers granted to local municipalities. Thereafter, the Indiana legislature enacted I.C. 35-47-11 which severely restricts a city's ability to regulate the sale, transfer, and transportation of firearms. Nonetheless, under I.C. 35-47-11-2 a city retains authority to restrict firearms (1) on its own property, (2) within two hundred (200) feet of a school, and (3) in the event of a declared emergency for a period up to seventy-two (72) hours. This ordinance deletes those portions of Chapter 13, Article 10, Sections 94 et seg of the South Bend Municipal Code which are inconsistent with or in derogation of I.C. 35-47-11-2 while exercising the residual regulatory powers over firearms granted to cities by state law. Specifically, in order to protect employees, invitees, and visitors on City property, it restricts firearms on City property. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend as follows: Section I. The title of Chapter 13, Article 10, is amended to read as follows: ARTICLE 10. ~T~=-iJDr :,~-~~C~1S ^ ~m n.rcrrn~p~q~p~S n~ vrnT ~~.r~~ FIREARMS PROHIBITED ON CITY PROPERTY Section II. The Title of Chapter 13, Article 10, Division 1 is amended to read as follows: DIVISION 1. r n ^ n n ^ c c ^ t rr •r ~xr~ ^ vn~.TC ~n num rrr~n PUBLIC PLACES WHERE FIREARMS ARE RESTRICTED OR PROHIBITED Section III. Chapter 13, Article 10, Section 13-94 of the South Bend Municipal Code is hereby deleted. Section IV. Chapter 13, Article 10, Section 13-95 of the South Bend Municipal Code is hereby renumbered as Section 13-94 and amended to read as follows: Sec. 13-~ 94. Definitions.