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HomeMy WebLinkAbout10604-18 Amendment to South Bend Synthetic Drug Ordinance, §13-75.5(o)(6) ORDINANCE No . M604-18 Passed by the Common Council of the City of South Bend, Indiana July 23, 2018 Attest: City Clerk Ka eemah N. Fowler Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 23, 18 20 City Clerk (-Kafe,krnah N. Fowle Approved and signed by me u T 20 Mayor BILL NO. 31-18 ORDINANCE NO. UFO 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 because those statutes have been repealed.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(o)(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 II. This Ordinance shall take effect upon passage by this Common Council, approval by the Mayor, and any publication required by law. PASSED AND OPTED by the Common Council of the City of South Bend, Indiana this 3 day of , 2018. Tim Scott,Cou ' resi ent South Bend Common Council Attest: ae- Kare mah N. Fowler, hty Clerk Office of the City Clerk Presented by me,thp undersigned C erk 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. areemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of �� 2018, at_q_o'clock Pete Buttfgieg, Mayor City of South Bend, In a 1st READING PUBLIC HEARING 3 rd 'READING NOT APPROVED REFERRED PASSED —1/2,31,2411-3