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ORDINANCE NO. 7084 -82 <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS <br />SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE <br />OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY <br />KNOWN AS LICENSES AND BY THE ADDITION OF SECTION <br />4 -42 ENTITLED DRUG - RELATED PARAPHERNALIA <br />STATEMENT OF PURPOSE AND INTENT <br />The Common Council of the City of South Bend, Indiana has been <br />advised that the Indiana Law, I.C. 35- 48 -4 -8.1 et.seq. dealing with <br />drug - related paraphernalia, is no longer involved in litigation. <br />The Common Council has been further advised that a 1982 United <br />States Supreme Court Opinion enables Cities to enact ordinances which <br />would strictly regulate and control "head shops ". <br />The Common Council therefore believes that the following ordinance <br />which would regulate and license persons who sell drug - related para- <br />phernalia within the City, is in the public's best interest, and help <br />protect the health, safety and welfare of its citizens. <br />NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City <br />of South Bend, Indiana, as follows: <br />SECTION I. Chapter 4, Article 3, Section 4 -17(c) is amended to <br />read as follows: <br />(c) Regulated Business <br />1) Arborist /Tree Service <br />2) Automotive Repair and Service Centers <br />3) Food Vending Vehicles <br />4) Hotels /Motels <br />5) Laundries, Laundries Self- Service, Self- Service Dry Cleaners <br />6) Massage Parlors <br />7) Massage Technicians <br />8) Open Air Stands <br />9) Peddlers /Transient Merchants /Canvassers <br />10) Outdoor Motion Picture Theaters <br />11) Paraphernalia (Drug-Related) <br />12) -9) -- Precious Metals <br />13) - ±9 }- Public Parking Facilities <br />14) -I ±t- Restaurants <br />15) - }2t- Restaurants with Live Entertainment /Music <br />(Class A and B Cabarets) <br />16) -i3t- Rubbish and Garbage Removal <br />17) -}A} -Scrap Metal Dealers /Transfer Stations /Recycling <br />Operations /Junk Dealers <br />18) -3 -51- Secondhand Dealers <br />19) -361- Solicitations, Charitable <br />20) -3 -71- Taxicabs <br />SECTION II. Chapter 4, Article 5, Section 4 -42 of the Municipal <br />Code of the City of South Bend, Indiana, is hereby amended to read in <br />its entirety as follows: <br />SEC 4 -42 Paraphernalia (Drug - Related) <br />(a) DEFINITIONS. For the purposes of this Section, the followin <br />