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Home My WebLink AboutAmending Chapter 4 Entitled Drug-Related ParaphernaliaORDINANCE No. 7084 -82 Passed by the Common Council of the City of South Bend, t 9, .,.82 if �)&� � City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, of Common Council t 10, �9 82 IRENE K. GAMMON Approved and signed by me (.0 (! n u o / U I o 8'2- Clerk ORDINANCE NO. 7084 -82 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LICENSES AND BY THE ADDITION OF SECTION 4 -42 ENTITLED DRUG - RELATED PARAPHERNALIA STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana has been advised that the Indiana Law, I.C. 35- 48 -4 -8.1 et.seq. dealing with drug - related paraphernalia, is no longer involved in litigation. The Common Council has been further advised that a 1982 United States Supreme Court Opinion enables Cities to enact ordinances which would strictly regulate and control "head shops ". The Common Council therefore believes that the following ordinance which would regulate and license persons who sell drug - related para- phernalia within the City, is in the public's best interest, and help protect the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 4, Article 3, Section 4 -17(c) is amended to read as follows: (c) Regulated Business 1) Arborist /Tree Service 2) Automotive Repair and Service Centers 3) Food Vending Vehicles 4) Hotels /Motels 5) Laundries, Laundries Self- Service, Self- Service Dry Cleaners 6) Massage Parlors 7) Massage Technicians 8) Open Air Stands 9) Peddlers /Transient Merchants /Canvassers 10) Outdoor Motion Picture Theaters 11) Paraphernalia (Drug-Related) 12) -9) -- Precious Metals 13) - ±9 }- Public Parking Facilities 14) -I ±t- Restaurants 15) - }2t- Restaurants with Live Entertainment /Music (Class A and B Cabarets) 16) -i3t- Rubbish and Garbage Removal 17) -}A} -Scrap Metal Dealers /Transfer Stations /Recycling Operations /Junk Dealers 18) -3 -51- Secondhand Dealers 19) -361- Solicitations, Charitable 20) -3 -71- Taxicabs SECTION II. Chapter 4, Article 5, Section 4 -42 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: SEC 4 -42 Paraphernalia (Drug - Related) (a) DEFINITIONS. For the purposes of this Section, the followin terms shall have the meaning ascribed to them as follows: (1) "Business enterprise" means and includes any and all proprietorships, joint ventures partnerships and corporations. (2) "Controlled Substances" shall mean a drug, substance, or immediate precursor as defined in Indiana Code Section 35- 48- 2-1,et.seq.,as they may be amended. (3) "Drug- related offense" means a violation of Indiana Code IC 35- 48 -4 -1 et. seq., as from time to time amended or —a violation of the laws of any other state or the United States, concernin the possession sale or distribution of illegal drugs or controlled substances or of drua related naranhprnalia 4) "Drug Related Paraphernalia" means and includes any and all instruments, devices, or things designed, intended r use or Mirel out snail not necessarily be limited to, the following specific items: a, metal, wooden, acrylic_,_ glass, stone, plastic, or ceramic marijuana or hashish pipes with or withou screens, permanent screens, hashish heads, or punctured metal bowls; b. water pipes designed for use or intended for use with a controlled substance; C.- carburetion tubes and devices; d. smoking and carburetion masks; e. roach clips; f. separation gins designed for use or intended for use in cleaning marijuana; g. cocaine spoons and vials; h. chamber pipes; i. carburetor pipes; j. electric pipes; k. air driven pipes; 1. chilams; m. bongs; and, n. ice pipes or chillers. (5) "Person" means any individual, or two or more individuals acting in concert. (B) LICENSE REQUIRED. It shall be unlawful for any business enterprise or person, either upon his own behalf or as an employee servant, agent, or representative of another person or a business enterprise, to sell any drug related paraphernalia as herein described -2- without first obtaining a o license from the City Controller. Such license shall be in additin to any or all other licenses held by or required of, such person or business enter rise. (C) APPLICATION (1) Each applicant for the license shall procure from the Office of the Controller an application for such license, and such application shall be verified under oath. (2) The filin of an a lication for license does not authorize conducting such business until such license has been granted. (3) Such application shall include: a. The name, Social Security number, and address of the person or business enterprise intendin to sell drug-related paraphernalia. b. The address or location for which the license is to be issued. C. In the event the applicant is a business enterprise, the application shall include the names addresses and Social Security number(s) of each and every proprietor, joint venturer, partner, stockholder and officer. d. A specification of whether or not any of the individuals concerning whom information is required b sub - section (c) of this Section, has ever been convicted of a dru - related offense, and, if so the crime convicted of and the date and place of such conviction. e. A list of the names and addresses and Social Security number(s) of the individuals, includin employees, servants, agents and representatives of the proposed license holder who shall be authorized to sell dru - related paraphernalia at the address for which such license is issued, accompanied by an affidavit from each such person that he has never been convicted of a drug - related offense. The applicant shall inform the office of the City Controller of any Chan a in personnel by listing the name address and Social Security number in writing of all employees hired after date of application. (4) The application for license shall be referred to the proper officers of the City for formal review and recommendation, and each shall report their findings to the Office of the City Controller. Applicants shall_ cooperate with any review conducted pursuant to this (D) LICENSE FEE. (1) If the applicant for license meets the requirements of this Code, the Controller shall issue a license upon payment of Two Hundred and Fifty ($250.00) Dollars payable to the City. (E) DENIAL OF LICENSE. An application for a license to sell drug-related paraphernalia shall be denied if one or more of the individuals concerning whom, information is required by sub - section (c) (2) C of this Section, excepting stockholders, has been convicted of a drug-related offense, or fails to meet the other requirements of this section. Any applicant who is denied a license may appeal such decision pursuant Section 4 -16 of this Code. -3- (F) RECORDS AND INSPECTIONS (1) Every licensee shall keep a perma book of every item of drug- related parapher address for which such license is issued. (2) This record book shall be kept at business. Every licensee shall, during the give access to his place of business to any ment and exhibit any property therein conta shall be open for inspection by any police performance of his duties. . (3) The licensee shall enter or cause book the following information: tly bound written record is sold by him at the licensee's place of s of ordinary business er of the police depar Said record book er actinq in the the r a. Name and address of the purchaser. b. Name and quantity of the items sold. C. Date and time of sale. d. Name and signature and Social Security number of the person making such sale for the license holder. 4) Such record books (G) REVOCATION OF LICENSE A license to sell drug - related shall be revoked upon the happening (1) The sale of drug - related paraphernal holder at an address or location for not been issued hereunder: two (2) years followin, events: the License a license has (2) The sale of druq- related paraphernalia at the address for which the license is issued, by a person employed by, or acting as the agent, servant or representative of, the license holder, who has been convicted of a drug - related offense. (3) Violation of this Section by the license holder, or his employee, agent, servant, or representative. (4) Conviction of th offense. PENALTY related Any person who violates any provision of this section shall be subject, upon conviction, to a fine of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred ($2,500.00 Dollars. The violation of any provisions of this section shall constitute a separate offense for each day such violation may exist. (I) NO LEGALIZATION OF DEALING IN PARAPHERNALIA. This Section shall not be construed, and is not intended, as legalizing "dealing in paraphernalia" as defined by applicable provisions of the laws of the State of Indiana, and this Section is declared to be subordinate to such laws so long as they continue in full force and effect. SECTION II. SEVERABILITY. If any section, sub - section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance. SECTION III. his from and after its passage and legal publication. 1M READING % —y76 _.J.) PUBLIC HEARING 2nd READING NOT APPROVED REFERRED PASSED" Ordinance shall be in full force and effect by the Common Council, approval by the Mayor, -`- f ILM 111 CLEWS ®FRYE JUL 2 11982 Irene Gammon City CLENR, SDNN SEND, IND. LEWIS A. McGANN President BEVERLY D. CRONE Vice President JOHN VOORDE Chairman, Committee of the Whole JOSEPH T SERGE First District WALTER M. SZYMKOWIAK Second District BEVERUE J. BECK Third District LE W IS A. McGANN Fourth District ROBERT G. TAYLOR Fifth District RAYMOND C. ZIELINSKI Sixth District BEVERLY D. CRONE At Large RICHARD C. DOMBROWSKI At Large JOHN VOORDE At Large KATHLEEN CEKANSKI FARRAND Council Attorney CITE' ®f SOUTH[ BEND COMMON COUNCIL 441 COUNTY -CITY BUILDING The South Bend Common Council 4th Floor Council Chambers County -City Building South Bend, Indiana 46601 Dear Councilmen: SOUTH BEND, INDIANA 46601 July 21, 1982 Area 219 2849321 St. Joseph County Presecutor, Michael P. Barnes has brought to our attention a 1982 United States Supreme Court Opinion which would enable Cities to enact ordinances which would strictly regulate and control "head shops" and "drug - related paraphernalia ". The need to reasonably regulate by requiring an annual license, record keeping, and inspections, I believe would help assist our law enforcement officers. I seek your favorable consideration of this bill which is written to protect the public health and safety interests of our citizens. CC: Michael P. Barnes Sincerely, Lewis A. McGann President flnmmittrr Irpart 00 the (Qommon t6amnxil of the fty of Ovid} send Your Committee OF THE WHOLE to whom was referred BILL NO. 79 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LICENSES, AND BY THE ADDITION OF SECTION 4 -42 ENTITLED PARAPHERNALIA. RespectMly report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: SEE ATTACHED AMENDMENTS JHHN VOORDE Chairman .... ..... .......... CO. AMENDMENTS TO BILL NO. 79--82 1. Statement of Purpose and Intent: add to the last paragraph "and help ✓ protect the health, safety and welfare of its citizens." 2. "Section 4;42 (.a)(4)g.: Delete "sppons" replace with "spoons" ✓ 3. Section 4-•42 (B'): Add the following language to the end of the first sentence "from the City Controller." 4. Section '4 -42 (C)(3) a.: Delete and replace with following language: "the name, social security number, and address of the person or business enterprise intending to sell drug related paraphernalia." 5. Section 4 -42 (CM) c.: Add "and social security number(s)" after the word addresses. 6. Section '4 -42' (C)'(3) e.': Add "and social security number(s)" after The word addresses. Add the following sentence to the end of the sub - section "The applicant shall inform the office of the City � Controller of any change in personnel by listing the name, address and social security number in writing of all employees hired after date of application." 7. Section 4 -42' (F)(1): Delete the word "permanent" replace with ✓" "permanently bound" S. Section 4 -42 (F)(2): Delete the word "force" replace with "department" 9. Section 4- 42 "(F)(3) d: Add the words "and social security number" after signature August 9, 1982