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Home My WebLink About8594-95 Amending Various Sections Chapter 21 Zoning Sale of Firearms ORDINANCE No. 8594-95 Passed by the Common Council of the City of South Bend, Indiana_ May 8, /9 95 Attest: 42—"-e City Clerk IRENE K. GAMMON Attest: President of Common Council / Presented by me to the Mayor of the City of South Bend, Indiana May 9, iq 95 City Clerk IRENE K. GAMMON Approved and signed by me 5/�o 1995 D447•4— Mayor Substitute Bill No. 19-95 Ordinance No. a /`I/` /5 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING VARIOUS SECTIONS OF CHAPTER 21 "ZONING"OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PROHIBITING THE SALE OF FIREARMS AND AMMUNITION UNDER THE CITY'S PLANNING AND ZONING POWERS. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-7-4-201 et seq., communities are encouraged to "improve the health, safety, convenience and welfare of their citizens and to plan for the future development of their communities..." through the exercise of planning and zoning powers. Public Law 140-1994 specifically authorizes communities to use its planning and zoning powers "...to prohibit the sale of firearms within two hundred (200) feet of a school by a person having a business that did not sell firearms within two hundred (200) feet of a school before April 1, 1994...." (Indiana Code § 35-47-11-1) The Common Council and the City Administration believe that there are numerous public health and safety considerations which support the implementation of reasonable zoning regulations which would prohibit establishments from selling firearms or ammunition within the vicinity of schools and child care homes throughout our community. It is believed that the following ordinance in the the best interests of the citizens of the City of South Bend, Indiana, and is an appropriate use of the City's planning and zoning powers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 21, Article 1, Section 21-1 of the Municipal Code of the City of South Bend,Indiana, is amended by adding the following definitions in alphabetical order to that section: Sec. 21-1. Definitions. Child Care Center and Child Care Ministry shall have the definitions set forth in Indiana Code § 12-7-2, as they may be amended from time to time. Gun and Gunsmith shops shall mean any location where firearms and/or ammunition are being sold as the primary business items. School shall have the definition set forth in Title 20 of the Indiana Code, as it may be amended from time to time. Section II. Chapter 21,Article 2, Division 7, Section 21-18 of the Municipal Code of the City of South Bend, Indiana, is amended by adding new paragraph (e) which shall read in its entirety as follows: (e) Gun and Gunsmith Shops Prohibited in Certain Areas. (A) Firearms and ammunition shall not be sold in any gun or gunsmith shop within two hundred (200) feet of a school, child care center or child care ministry by a person having a business that did not sell firearms within two hundred (200) feet of such facilities before April 1, 1994. Said footage requirement shall be measured from lot line to lot line. (B) A person or persons desiring to use property for a use as a gun or gunsmith shop shall not be entitled to be considered for any variances or special use exceptions regarding the mandatory footage requirements addressed in above paragraph (A). Gun and Gunsmith Zoning Ordinance Page 2 (D)The Legal Department of the City shall institute injunction, abatement or any other appropriate legal proceeding to prevent.enjoin,abate or remove such violation(s). Section III. This ordinance shall be in full, force and effect from and after its passage by the Common Council,approval by the Mayor, and lega ublication. _ , /// b s �iI Member of the Co on Counci Mem> • the • on ouncil „,Ilrrrrrrrrrrrrrr . City of South Bend iu d Common Council -tom rill, ,i . a,0 County-City Building•South Bend,Indiana 46601 1865 (219)235-9321 Fax(219)235-9173 TDD(219)235-5567 Eugene Ladewski moratOum President Loretta Duda Date: April 24, 1995 Vice-President Cleo Washington To: The South Bend Common Council Chairperson, Committee of the Whole From: Kathleen Cekanski-Farrand Stephen Luecke Re: Substitute Bill No. 19-95 First District Cleo Washington I am attaching a revised copy of Sustitute Bill No. 1995. At the Area Plan Second District Commission meeting of April 18, 1995, Council Member Roland Kelly made the presentation and received a favorable recommendation from the Commission Roland Kelly to the Common Council. Third District Ann Puzzello Mr. John Byorni of the Area Plan Staff, contacted our office this morning Fourth District and we discussed a proposed change to Section II. More specifically we believe that in paragraph (A) that the words "child care home or children's home” Linas Slavinskas should be deleted and replaced with"child care center and care ministry"to be Fifth District consistent with the changes which were included in Section I addressing definitions. Both Mr. Byorni and myself have concluded that the intent of the Thomas Zakrzewski original Substitute Bill which was heard by the Area Plan Commission focused Sixth District on the revised definitions and therefore such an amendment would not be a "major amendment" to the Substitute Bill and should be classified as a"minor Sean Coleman amendment". At Large I have therefore filed a revised Substitute Bill No. 19-95 today with the City At La gDuda Clerk's office and it will be heard at the Council meeting on Monday, May 8, 1995. Eugene Ladewski At Large If you have any questions,please call me at 288-4935. Thank you. Kathleen Cekanski-Farrand Council Attorney cc: John Byorni,Area Plan John Broden Attachments Filed in Mlles Office APR 2 5 1995 1RENEGAMP4OIe CiTYC&ERk,s.SEW.i t flommtttn itrporf alp fie Common &tonntil of flip tam of$nidIl gnu): of the Whole Your Committee to whom was referred BILL NO. 19-95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 21 "ZONING" OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND PROHIBITING THE SALE OF FIREARMS AND AMMUNITION UNDER THE CITY'S PLANNING AND ZONING POWERS Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended by substitution. Chairman Cleo Washington, r AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219)235-9571 FAX(219)235-9813 \ April 19, 1995 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Common Council of the City of South Bend, Indiana, amending various sections of Chapter 21 "Zoning" of the Municipal Code of the City of South Bend prohibiting the sale of firearms and ammunition under the City's planning and zoning powers. - APC #1665-95 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised April 6, 1995. The Area Plan Commission at its public hearing on April 18, 1995, took the following action: Upon a motion by Joseph Serge, being seconded by Charles Landesman and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend, Indiana, amending various sections of Chapter 21 "Zoning" of the Municipal Code of the City of South Bend prohibiting the sale of firearms and ammunition under the City's planning and zoning powers, is sent to the Common Council with a favorable recommendation. The ability to regulate the location of gunshops in the vicinity of schools and daycare centers is considered desirable by the Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sinc rely, Lev :j;:z-#- o er W. Sante RWS:sr Attachment CC: • Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN e a • STAFF REPORT April 10, 1995 1665-95 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to amend the City of South Bend Zoning Ordinance to regulate the location of gun and gunsmith shops. The proposed ordinance defines schools, child care homes, and children's homes. The ordinance proposes that a gunsmith or gun shop that did not exist prior to April 1, 1995, cannot be located within 200 feet of a school, child care home, or children's home. The ordinance also establishes a fine for violating the requirements of this ordinance.