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ORDINANCE NO. 5750 -74 <br />AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 6, <br />"AIR POLLUTION CONTROL ", OF THE MUNICIPAL <br />CODE OF THE CITY OF SOUTH BEND, INDIANA, <br />TO PROHIBIT SMOKING AND THE CARRYING OF <br />LIGHTED OBJECTS UPON MUNICIPALLY -OWNED <br />BUSES. <br />NOW, THEREFORE, BE IT ORDAINED by the Common Council <br />of the City of South Bend: <br />SECTION 1. Chapter 13 of the Municipal Code of <br />South Bend, Indiana, 1971, is hereby amended by the addition <br />thereto of the following new sections: <br />Article 6. AIR POLLUTION CONTROL. <br />Sec. 13 -78. Smoking and the carrying of lighted <br />objects upon municipally -owned buses prohibited. <br />(a) "Municipally -owned bus" means any bus which is <br />owned or operated by the South Bend Public Transportation Corporation <br />or the City of South Bend. <br />(b) It shall be unlawful for any person to smoke or <br />carry a lighted pipe, cigar, cigarette, tobacco or match upon a <br />municipally -owned bus in the City of South Bend. Provided, however, <br />that if any such bus is equipped with a separate compartment or <br />specific area approved in writing by the Battalion Chief of the <br />Fire Prevention Bureau that said area is not dangerous or <br />hazardous, then persons smoking in such a designated area shall <br />not be held in violation hereof. <br />(c) The Battalion Chief of the Fire Prevention Bureau <br />shall have the authority to order "NO SMOKING BY ORDER OF THE FIRE <br />OFFICIAL" signs to be placed in the front of all municipally -owned <br />buses. <br />(d) Every person, or his agent, having control of said <br />buses upon which smoking or the carrying of lighted objects as <br />prohibited by this ordinance, shall conspicuously display the <br />designated no smoking sign. <br />(e) No person shall smoke in any properly placarded <br />municipally -owned bus, nor shall any person remove any placard <br />required to be displayed, under the authority of this ordinance. <br />(f) Any person violating any of the provisions of this <br />ordinance shall be deemed guilty of a misdemeanor and upon convic- <br />tion thereof shall be fined in an amount not exceeding $100.00 <br />(One Hundred Dollars). <br />SECTION 2. This ordinance shall be in full force and <br />effect from and after its passage by the Common Council, its approval <br />by the Mayor, and publication as required by law. <br />Passed October 21, 1974, as amended <br />