Vacation - Property Ingress-Engress Easement Release - off of Mami Highway approximately 400 feet south of Kern Road - Forest View Trail Vacation (2)

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BILL No. 58-98 AS AMENDED ORDINANCE NO. 89y6-98 AN ORDINANCE OF THE COMMON COUNC]L OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED REGULATIONS ADDRESSING TATTOO. BODY PIERCING, SCARIFYING AND BRANDING ESTABLISHMENTS AND PERSONNEL. ~ta~t~m~ttt o~ ~ur~o~~ ~tti~ ~lul;¢rit Indiana Code § 36-1-4-11 authorizes the City of South Bend to pass and enforce ordinances which it believes are in the best interest of the community and which may protect the health and safety of their citizens. The City furthermore has the authority to pass and enforce reasonable licensing regulations, and zoning regulations pursuant to Indiana Code 36-7-4-201 which encourages cities to improve the "health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities". The Common Council has been advised that the United States Food and Drug Administration (FDA), Center for Food Safety and Applied Nutrition of the U.S. Food and Drug Administration currently have limited authority over temporary and permanent tattoo procedures and policies, with the state and local authorities having direct jurisdiction over the actual practice of tattooing by salon technicians. Prior to 1997, the State of Indiana viewed providing tattoos as practicing medicine. However Senate Bill No. 13 which became effective on July 1, 1997, repealed the requirement that any one who tattooed an individual had to be a licensed medical physician. As a result of this state law, individuals who perform tattooing services are now unlicensed and unregulated under the laws of the State of Indiana. This proposed ordinance sets forth reasonable licensing and health and safety regulations which would be enforced by appropriate City and County officials. It is believed that these regulations will help safeguard the public while supporting economic growth. A separate companion Bill will be introduced to address zoning regulations for the location of tattoo and body piercing establishments which will amend Chapter 21 of the Municipal Code of the City of South Bend. ]Pzob~, ~~~r~tor~, b~ it or~a~itt~~ b~ ~~ ~Lommou ~ouri~il o~ ~~ ~Lii;~ o~ ~Oti~j ~B~tt~, ~Jtt~ia~tta~, as follows: ec i n I. Chapter 13 of the Municipal Code of the Ciry of South Bend, is hereby amended by the inclusion of new Article 11 which shall read in its entirety as follows: Article 11. Regulations Addressing Tattoo, Body Piercing, Scarifying and Branding Establishments and Personnel. Sec. 13-123 Public Policy and Findings of the Council. (a) Pursuant to the "Home Rule" authority specifically granted to local municipalities, the Common Council believes that local problems require local responses so that positive action can be properly implemented to protect the citizens of our community. (b) The Common Council finds and declares that in light of the growing popularity of individuals having their bodies tattooed, pierced, scarified or branded that reasonable regulations are necessary to regulate this service so that serious infections and other health concerns may be minimized by an informed and educated public.