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Home My WebLink About9493-04 Amend Chapter 14 - New Article 5 - Stun Gun RegulationsORDINANCE No. sas~o< Passed by the Common Council of the City of South Bend, Indiana March 8, Attest: ~~~/ Attest: ~ ~'~ v~ Presented by me to the Mayor of the Ciry of South Bend, Indiana March 9, 04 20 . JOHN Approved and signed by me March 10, 20 04 Ciry Clerk President of Common Council Ciry Clerk Mayor 2004 Ordinance No. ~ 3 -~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED "STUN GUN REGULATIONS" STATEMENT OF PURPOSE AND INTENT The Common Council recognizes that there are many manufacturers ofnon-lethal weapons. For example, there are three (3) basic types of stun gun weapons made for retail, namely: static charge guns; Phase Induction guns; and T-Wave guns. Static charge stun guns immobilize a person by using an electric current powered by static charges; Phase Induction stun guns deliver a charge through an electric current; and T-Wave stun guns disrupts the brain's signals to the body by means of an electric current completed with electro- musculardisruption. Retailers are also distributing liquid stun guns which are considered dangerous super soakers and work in the same way as a T-wave gun except that water streams in place of wires to carry the electric current. Growing public safety concerns have resulted in many jurisdictions enacting reasonable public safety regulations addressing the sale, possession, and/or use of stun guns by individuals who are not law enforcement officers properly trained in the use such stun guns. As a result, the following municipalities have enacted local legislation restricting stun guns: Annapolis, MD; Baltimore, MD; Baltimore County, MD; Chicago, IL; Dension, IA; Crawford County, IA; District of Columbia; and Philadelphia, PA. Additionally, the following states have enacted laws which restrict the use of air tasers and stun guns, namely: Hawaii, Massachusetts, Michigan, New Jersey, New York, Rhode Island, and Wisconsin. The following regulations are based on public safety concerns and are believed to be in the best interests of the City of South Bend, Indiana. Now, therefore, be it ordained by the Common Cozcncil of the City of South Bend, Indiana, as follows: Section I. Chapter 14 of the Soccth Bend Mtcnicipal Code shall be amended by the inclusion of new Article 7 which shall read in its entirety as follows: Article 7. Stun Gun Regulations. Sec. 14-35 Definitions. "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable, stun, daze, traumatize, incapacitate or paralyze a person. Stun guns shall include but not be limited to static charge guns, phase induction stun guns, T-wave guns, liquid stun guns and similar devices. For purposes of this Article, any mechanism Stun Gun Regulation Ordinance Page 2 defined in Indiana Code § 35-47-8-2, as being "designed to emit an electronic, magnetic, or other type of charge that equals or does not exceed the equivalency of a five (5) milliamp sixty (60) hertz shock" shall not be subject to these provisions and shall be governed by applicable state law. Sec. 14-36 Prohibited Conduct. (a) It shall be unlawful for any person, firm, or corporation to sell, give away, lend, rent, transfer any stun gun(s) to any person, firm, corporation, or similar entity. (b) It shall be unlawful for any person, firm, corporation or similar entity to possess, use, and/or own any stun gun(s). 5ec.14-37 Exceptions. This Article shall not apply to any sworn law enforcement officer acting within the scope of his or her duties. Sec. 14-38 Violations and Penalties. (a) Anyone violating any of the provisions of this Article may be subject to the following penalties: (1) Citations: For the first violation in a calendar year, a citation shall be issued to the violator imposing a fine of two hundred and fifty dollars ($250.00). The citation issued under this Article shall contain the date, time, name and address of the alleged violator, the section allegedly violated of the South Bend Municipal Code, the nature of the violation, the name of the officer issuing the citation, and instructions as to the disposition of the citation. For the second violation in a calendar year, a citation shall be issued to the violator imposing a fine of five hundred dollars ($500.00). For the third violation in a calendar year, a citation shall be issued to the violator imposing a fine of one thousand dollars ($1,000.00). (2) Civil Action. In addition to the issuance of citation(s), the City Attorney's Office is authorized to bring civil action against any alleged violator of this Article for any and all expenses incurred by the City to address violation(s) of this Article. (b) Each violation of this Article shall constitute a separate offense and be punishable as such. Stun Gun Regulation Ordinance Page 3 Section II. This ordinance shall be in full, force and effect from and after its passage by the Common Council; approval by the Mayor, and legal publication. er of the ommo ncil Member of the Common Council 1 st READING 2_2,3-~H PUQLIC HEARING 3-~-0~~ a,S S~WS~-~~~~ 3 rd READING 3-$~0`~ a. S S u.~ S~ `~"~ NOT APPROVED REFERRED t( PASSED "~ -~ -Oy a- S S v~\o s~~ F11ed in Clerk's Offlc® 3t zooy . ; ~.~ -CITY CLERK, S0. BE?iD~ N, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED "STUN GUN REGULATIONS" Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Sean Coleman Chairman 4SO~T~B~ 'I ~ \~„~ ,,, ~ City of South Bend \\ \ PRACE" ~~ ~ `~ ~"'"'~- a Common Council 1865 ~ 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Karen L. White President Members of the South Bend Common Council Roland Kelly 4~" Floor County-City Building Vice-President South Bend, Indiana 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://www ci.south-bend.in.us March 3, 2004 Sean Coleman Chairperson, Committee Re: Substitute Bill No. 12-04 Stun Gun Regulations of the Whole Dear Council Members: Derek D. Dieter Firsc District We are filing for your consideration Substitute Bill No. 12-04 addressing stun Charlotte D. Pfeifer gun regulations. Our Council Attorney, Kathy Cekanski-Farrand met with City Second District Attorney Charles S. Leone and Chief Assistant City Attorney Aladean M. DeRose; and they have recommended two (2) changes to the Bill, which have Roland Kelly been incorporated into the substitute. Third District The 1S` change affects Sec. 14-35 "Definitions" where "stun gun" is defined. In Ann Puzzello Fourth District light of the 1985 Indiana state law addressing "any mechanism designed to emit an electronic, magnetic, or other type of charge that equals or does not David Varner exceed the equivalency of a five (5) milliamp sixty (60) hertz shock", we are Fifth District recommending that this language be added to the definition and that such devices would not be covered by the ordinance but rather by the provisions of Ervin Kuspa Indiana Code § 35-47-8-2. The 2"`~ change affects Sec. 14-38 "Violations and Sixth District Penalties". It is recommended that they be increased to $250.00 for the 15` Sean Coleman violation, 5500.00 for the 2"`~ violations and 51,000.00 for the 3"~ violation. At Large The City Administration will be speaking in favor of the Substitute Bill on Al "Buddy' Kirsits Monday. Additionally, a live demonstration of a stun gun will be made at At Large Monday's Health and Public Safety Committee, with City Clerk John Voorde volunteering for the demonstration. We seek your support of this public safety Karen L. White At Large ordinance. Thank you. Kathleen Cekanski-Farranc Council Attorney fety Chairperson cc: Mayor Stephen Luecke City Attorney's Office F;~I~~ i~ Clerk's Office r ~~aR 3 ~~0 JOHN VOQRDE CITY CLEB?{, SC". D~R'D, Ik.