Amending Chapter 20 New Article 13 Entitled Moped Regulations

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Substitute Bill No. 28 -13 ORDINANCE NO. 1, 0 Lt � —(j AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED MOPED REGULATIONS, AND AMENDING SECTION 2 -123 SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes that Indiana Code § 36 -8 -2 -4 authorizes the city to "regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare ". The Common Council further recognizes that Indiana Code § 9 -21 -11 sets forth state regulations addressing "bicycles and motorized bicycles ". Last summer, the Indiana Supreme Court upheld the state law regulations addressing "motorized bicycles" which set their maximum speed at twenty -five (25) miles per hour. House Bill 1523 was introduced for consideration by the Indiana General which proposed to amend the current state laws addressing "motorized bicycles ". That proposed legislation did not pass. Locally there are growing public health and safety concerns in light of moped accidents and the number of mopeds being stolen, Regulations in other Indiana cities have been reviewed including but not limited to the City of Evansville's moped ordinance which took effect in 2010; Terre Haute's moped ordinance which took effect October 1, 2011; Richmond City's ordinance which took effect in 2010; and Kokomo's ordinance which took effect July 1, 2012. This ordinance is believed to be in the best interests of protecting the health and safety of the citizens of the City of South Bend, Indiana, by passing reasonable moped regulations. 9%Q, A–ejom, &aost&&dd by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 20 of the South Bend Municipal Code shall be amended by the inclusion of new Article 13 which shall read in its entirety as follows: