26-25 Amending Chapter 13, Article 4, Section 13-58; Chapter 2, Article 12, Section 2-142; and Chapter 13, Article 10, Section 13-96 of the South Bend Municipal Code to Update the Regulations for Discharging Firearms

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Filed in Clerk's Office BILL NO. 26-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-58; CHAPTER 2, ARTICLE 12, SECTION 2-142; AND CHAPTER 13, ARTICLE 10, SECTION 13-96 TO UPDATE THE REGULATIONS FOR DISCHARGING FIREARMS STATEMENT OF PURPOSE AND INTENT Chapter 13, Article 4, Sec. 13-58 of the South Bend Municipal Code provides the regulations for discharging firearms within City limits. The proposed amendment will increase the enforceability of this Ordinance by providing for a self-defense exception and other requirements of the Second Amendment. The proposed amendment will also clarify other provisions of the Municipal Code related to firearms which are now incorporated into the provisions of Sec. 13-58. Specifically, this proposed amendment will strike references to and within Chapter 2, Article 12 of the Municipal Code regarding the discharge of firearms within cemeteries that are already incorporated into the provisions of Sec. 13-58. This ordinance amendment is necessary for the effective, efficient administration of the City's enforcement of firearm discharges. This ordinance is in the best interest of the City and its residents. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 13, Article 4, Sec. 13-58 shall be amended to read in its entirety as follows: Sec. 13-58 —Discharging firearms prohibited; exception (a) For purposes of this Section, a firearm shall be defined as follows: Any weapon, whether loaded or unloaded,that is capable of expelling or designed to expel or that may readily be converted to expel a projectile by means of an explosion and includes any such weapon commonly referred to as a pistol, revolver, rifle, gun, shotgun or machine gun. (b) It shall be unlawful for any person to discharge a firearm in the city limits. (c) It shall not be a violation of this section to discharge a firearm under the following conditions: (1) Acting in self-defense, as defined by state law; (2) Law enforcement officers in the performance of their duties; (3) A legally established firing range; 1