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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 SOUTH BEND 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 -8 -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 />91a, & dxda&w5l 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 />