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BILL NO. <br /> ORDINANCE NO. <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA,AMENDING CHAPTER 20 THE SOUTHBEND MUNICIPAL CODE BY THE <br /> INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS,AND AMENDING <br /> SECTION 2-123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS <br /> STATEMENT OF PURPOSE AND INTENT <br /> The South Bend Common Council recognizes that Indiana Code § 36-5-2-4 authorizes the city to <br /> "regulate conduct, or use or possession of property; that might endanger the public health, safety, or <br /> welfare". <br /> The Common Council further recognizes that Indiana Code § 9-21-11 sets forth state regulations <br /> addressing"bicycles and motorized bicycles". Last summer, the Indiana Supreme Court upheld the state <br /> law regulations addressing "motorized bicycles" which set their maximum speed at twenty-five (25) <br /> miles per hour. <br /> House Bill 1523 was introduced for consideration by the Indiana General which proposed to <br /> amend the current state laws addressing "motorized bicycles". That proposed legislation dud not pass. <br /> A Captain of the Uniform Division of the South Bend Police Department recently brought to the <br /> attention of the South Bend Common Council the growing public health and safety concerns involving <br /> mopeds. Additionally an increasing number of mopeds are being stolen, and already this year there <br /> have been several accidents involving mopeds. <br /> Regulations in other Indiana cities have been reviewed including but not limited to the City of <br /> Evanville's moped ordinance which took effect in 2010; Terre Haute's moped ordinance which took <br /> effect October 1, 2011; Richmond. City's ordinance which took effect in 2010; and Kokomo's ordinance <br /> which took effect July 1, 2012. <br /> This ordinance is believed to be in the best interests of protecting the health and safety of the <br /> citizens of the City of South Bend, Indiana, by passing reasonable moped regulations. <br /> Ae—Y <br /> 1%ov, 45,a oada&wd by the Common Council of the City of South Bend, Indiana, as <br /> follows: <br /> Section I. Chapter 20 of the South Bend Municipal Code shall be amended by the inclusion of <br /> new Article 13 which shall read in its entirety as follows: <br />