Amending Chapter 20 Deleting Moped Regulations

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Bill No. (3-( Ordinance No. 103S(,—( AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 13, SECTIONS 20 -130 THROUGH 2O -135 ADDRESSING MOPED REGULATIONS AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council passed Ordinance No. 10244 -13 on July 22, 2013, which created local moped regulations. Those regulations were based on the "growing public health and safety concerns in light of moped accidents and the number of mopeds being stolen ", which were not being addressed at that time by any state regulations. The action taken by the Common Council in 2013 was similar to legislative action taken by the Common Councils in Evansville, Kokomo, Terre Haute, Richmond, and other Indiana cities, where public safety concerns were addressed. Upon the effective date of Ordinance No. 10244 -13, several dozen moped owners had their mopeds inspected and each of those who passed the safety inspection were then properly registered with the South Bend Police Department. Fifty percent (50 %) of the fees generated from these registrations were deposited into the Law Enforcement Continuing Education Fund. Since the passage of South Bend's moped ordinance, the Indiana General Assembly has enacted state legislation [HEA 1343] in this area, with the most recent provisions taking effect on January 1, 2015. In light of the new state law, all local moped ordinances in cities and towns throughout the State of Indiana are now preempted. In light of that, this ordinance officially repeals Ordinance No. 10244 -13 and reserves Chapter 20, Article 13 of the South Bend Municipal Code for future legislation. This ordinance also deletes the penalty provisions for the violation of the former local moped regulations from the Schedule of Ordinance and Code Violations set forth in Section 2 -213 of the South Bend Municipal Code. p /� ��y ✓ /rer�rr, � � ©rdicin�i / /�! /rte Vc�niiccci �orurti /��! /e Ub� r��ul/ �/�!iid, Section I. In light of the action by the Indiana General Assembly, Ordinance No. 10244- 13 is hereby repealed in its entirety. Section II. Chapter 20, Article 13, Section 20 -130 through Section 20 -135 of the South Bend Municipal Code which is the codified version of Ordinance No. 10244 -13 addressing Moped Regulations is hereby repealed.