HomeMy WebLinkAbout31-18 Proposed Amended Ordinance Re Synthetic Drugs Etc�4 °UT A e�ya City of South Bend
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Common Council
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PEACE
mz 441 County -City Building e 227 W. Jefferson Blvd
South Bend, Indiana 46601
1865
Tim Scott
President
Oliver Davis
Vice -President
Gavin Ferlic
Chairperson, Committee
of the Whole
Tim Scott
First District
Regina Williams -Preston
Second District
Sharon L. McBride
Third District
Jo M. Broden
Fourth District
Jake Teshka
Fifth District
Oliver Davis
Sixth District
Gavin Ferlic
At Large
John Voorde
At Large
Daren White
At Large
July 3, 2018
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
(574) 235-9321
Fax (574) 235-9173
TDD (574) 235-5567
http://�vw.soudibendin.gov
Filed in Clerk's Office
[LU4 3 2018
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
Re: Amendment to South Bend Synthetic Drug Ordinance, §13-75.5(o)(6)
Dear Council Members:
We are filing the attached proposed text amendment to the disorderly house
ordinance and the prohibition of dealing certain substances including synthetic
drugs and synthetic drug lookalikes. The nature and chemical composition of
synthetic drugs and synthetic drug lookalike substances are constantly changing,
requiring the Indiana Legislature to continually amend and update various
definitions of these substances. The purpose of this amendment is to update the
ordinance to be in conformity with recent statutory amendments, many of which
became effective July 1, 2018.
We would like first reading on the proposed amendment for July 9, 2018, with
second and third readings and public hearing scheduled for July 23, 2018.
Thank you for your consideration.
Sincerely Yours,
Tim Scott, President
South end Common Council,
District 1
Karen L. White
South'Mnd Common Council, At -Large
BILL NO. 31-18
ORDINANCE NO.
Filed in Clerk's Office
JUL 0 3 2018
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING §13-75.5(0)(6) OF CHAPTER 13, ARTICLE 5
OF THE SOUTH BEND MUNICPAL CODE PERTAINING TO DISORDERLY
HOUSES AND PROHIBITING DEALING IN MARIJUANA, HASH OIL,
HASHISH, SALVIA, SYNTHETIC DRUGS AND SYNTHETIC DRUG
LOOKALIKE SUBSTANCES
STATEMENT OF PURPOSE AND INTENT
The South Bend Municipal Code prohibits various conduct which would constitute a
disorderly house. The prohibited conduct includes, among other things, dealing with substances
including synthetic drugs or synthetic drug lookalike substances. The current ordinance refers
to State statutes in defining violations. The purpose of this amendment is to conform with recent
amendments to State statutes defining synthetic drugs and synthetic drug lookalike substances.
The amendment also eliminates reference to I.C. 16-42-28.6 et seq. because those statutes have
been repealed.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section I. Chapter 13, Article 5, is amended to replace Sectionl3-75.5(0)(6) with the following:
(6) Dealing in marijuana, hash oil, hashish, salvia, a synthetic drug, as defined by IC 35-31.5-
2-321 or IC 25-26-13-4.1 as those statutes are from time to time amended, or a synthetic drug
lookalike substance, as defined in IC 35-31.5-2-321.5 as from time to time amended, in violation
of IC 35-48-4-4.5, 35-48-4-4.6, 35-48-4-5, IC 35-48-4-10, or IC 35-48-4-11.5. The distribution
of low THC hemp extract in full compliance with IC 24-4-21-1 et seq. is excluded from this
subpart.
SECTION H. This Ordinance shall take effect upon passage by this Common Council, approval by the
Mayor, and any publication required by law.
PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this
day of 2018,
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South
Bend, Indiana on the day of , 2018, at o'clock_. M.
m.
Kareemah N. Fowler, City Clerk
office of the City Clerk
Approved and signed by me on the day of 2018, at o'clock
Pete Buttigieg, Mayor
City of South Bend, Indiana