HomeMy WebLinkAbout26-25 Amending Chapter 13, Article 4, Section 13-58; Chapter 2, Article 12, Section 2-142; and Chapter 13, Article 10, Section 13-96 of the South Bend Municipal Code to Update the Regulations for Discharging Firearms 1200 COUNTY-CITY BUILDING SOUTH PHONE 574/235-9241
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CITY OF SOUTH BEND JAMES MUETJPR,MAYOR
DEPARTMENT OF LAW
SANDRA KENNEDY JENNA K.THROW
CORPORATION COUNSEL CITY ATTORNEY
April 8,2025
Honorable Committee Chair Tomas Morgan Filed in Clerk's Office
4th Floor,County-City Building
South Bend,IN 46601
RE:Firearm Discharge Ordinance Bianca Tirado
City Clerk, South Bend, IN
Dear Committee Chair Tomas Morgan:
Enclosed please find an Ordinance proposing amendments to the Firearm Discharge Ordinance at Section
13-58 of the Municipal Code,as well as related amendments to Sections 2-142 and 13-96.The amendments
to the Firearm Discharge Ordinance will increase the enforceability of this Ordinance by providing for a self-
defense exception and other requirements of the Second Amendment.The proposed amendment will also
clarify other provisions of the Municipal Code related to firearms which are now incorporated into the
provisions of Sec. 13-58.Amendments to other sections will strike references within other sections of the
Municipal Code which are now contained within Section 13-58.
Please include the attached Ordinance on the Council agenda for first reading at your April 14,2025 Council
meeting and set it for public hearing,2.d,and 3rd reading at your April 28,2025 Council meeting.
If you have any questions,please feel free to contact me.
Sincerely,
J a K.Throw
Attorney
DANIELLE WEISS MICHAEL SCHMIDT KYLIE CONNELL
THOMAS E.PANOWICZ ADAM E.TAYLOR JOHN DORBIN
Filed in Clerk's Office
BILL NO. 26-25
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-58; CHAPTER 2,
ARTICLE 12, SECTION 2-142; AND CHAPTER 13, ARTICLE 10, SECTION 13-96 TO
UPDATE THE REGULATIONS FOR DISCHARGING FIREARMS
STATEMENT OF PURPOSE AND INTENT
Chapter 13, Article 4, Sec. 13-58 of the South Bend Municipal Code provides the
regulations for discharging firearms within City limits.
The proposed amendment will increase the enforceability of this Ordinance by providing
for a self-defense exception and other requirements of the Second Amendment.
The proposed amendment will also clarify other provisions of the Municipal Code related
to firearms which are now incorporated into the provisions of Sec. 13-58.
Specifically, this proposed amendment will strike references to and within Chapter 2,
Article 12 of the Municipal Code regarding the discharge of firearms within cemeteries that are
already incorporated into the provisions of Sec. 13-58.
This ordinance amendment is necessary for the effective, efficient administration of the
City's enforcement of firearm discharges. This ordinance is in the best interest of the City and its
residents.
NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 13, Article 4, Sec. 13-58 shall be amended to read in its entirety as
follows:
Sec. 13-58 —Discharging firearms prohibited; exception
(a) For purposes of this Section, a firearm shall be defined as follows: Any weapon, whether
loaded or unloaded,that is capable of expelling or designed to expel or that may readily be
converted to expel a projectile by means of an explosion and includes any such weapon
commonly referred to as a pistol, revolver, rifle, gun, shotgun or machine gun.
(b) It shall be unlawful for any person to discharge a firearm in the city limits.
(c) It shall not be a violation of this section to discharge a firearm under the following
conditions:
(1) Acting in self-defense, as defined by state law;
(2) Law enforcement officers in the performance of their duties;
(3) A legally established firing range;
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(4) U.S. Armed Forces in the performance of their duties;
(5) Prior City authorized events, such as parades, funerals,or other authorized events.
(d) Any person violating this Section, and not subject to an exception set forth in subsection
(c) above, may be issued a citation which is subject to a fine of two thousand five hundred
dollars($2,500.00)per violation.
SECTION II. Section 2-142 shall be amended as follows:
(1) Discharging firearms, except at military funerals and memorial celebrations;
SECTION III. Section 13-96 shall be amended as follows:
Any person intentionally displaying a firearm in violation of this Article, or found to be in
violation of Section 2 '4 (b)(4`, or Section 13-58, or Section 19-44 of this Code, shall be issued
an ordinance violation citation with a fine of two thousand five hundred dollars ($2,500.00).
Citations shall contain the date, time,name, and address of the violator, the Code section violated,
the nature of the violation,location of the violation,and the name of the person issuing the citation.
The citation shall have instructions thereon as to the disposition of the citation.
SECTION IV. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of , 2025
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, 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 , 2025, at _ o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
2
Approved and signed by me on the day of _, 2025, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
3
Filed in Clerk's Office
Bianca Tirado
BILL NO. City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 13,ARTICLE 4,SECTION 13-58; CHAPTER 2,
ARTICLE 12, SECTION 2-142; AND CHAPTER 13,ARTICLE 10,SECTION 13-96 TO
UPDATE THE REGULATIONS FOR DISCHARGING FIREARMS
STATEMENT OF PURPOSE AND INTENT
Chapter 13, Article 4, Sec. 13-58 of the South Bend Municipal Code provides the
regulations for discharging firearms within City limits.
The proposed amendment will increase the enforceability of this Ordinance by providing
for a self-defense exception and other requirements of the Second Amendment.
The proposed amendment will also clarify other provisions of the Municipal Code related
to firearms which are now incorporated into the provisions of Sec. 13-58.
Specifically, this proposed amendment will strike references to and within Chapter 2,
Article 12 of the Municipal Code regarding the discharge of firearms within cemeteries that are
already incorporated into the provisions of Sec. 13-58.
This ordinance amendment is necessary for the effective, efficient administration of the
City's enforcement of firearm discharges. This ordinance is in the best interest of the City and its
residents.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Chapter 13, Article 4, Sec. 13-58 shall be amended as follows:
Sec. 13-58-Discharging firearms prohibited; exception
(a) For purposes of this Section, a firearm shall be defined as follows: Any weapon, whether
loaded or unloaded,that is capable of expelling or designed to expel or that may readily be
converted to expel a projectile by means of an explosion and includes any such weapon
commonly referred to as a pistol, revolver, rifle, gun, shotgun or machine gun. Ne-perssn
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ether-name
ierzname.
1
(b) It shall be unlawful for any person to discharge a firearm in the city limits. Tt
(c) It shall not be a violation of this section to discharge a firearm under the following
conditions:
(1) Acting in self-defense, as defined by state law;
(2) Law enforcement officers in the performance of their duties;
(3) A legally established firing range;
(4) U.S.Armed Forces in the performance of their duties;
(5) Prior City authorized events, such as parades, funerals,or other authorized events.
(d) Any person violating this Section, and not subject to an exception set forth in subsection
(c)above, may be issued a citation which is subject to a fine of two thousand five hundred
dollars($2,500.00)per violation.
SECTION II. Section 2-142 shall be amended as follows:
(1) Discharging firearms, except at military funerals and memorial celebrations;
SECTION III. Section 13-96 shall be amended as follows:
Any person intentionally displaying a firearm in violation of this Article, or found to be in
violation of Section 2 141(b)(4), or Section 13-58, or Section 19-44 of this Code, shall be issued
an ordinance violation citation with a fine of two thousand five hundred dollars ($2,500.00).
Citations shall contain the date,time,name, and address of the violator,the Code section violated,
the nature of the violation, location of the violation,and the name of the person issuing the citation.
The citation shall have instructions thereon as to the disposition of the citation.
SECTION IV. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of , 2025
Canneth Lee, President,
South Bend Common Council
ATTEST:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend. Indiana on the day of
,2025,at o'clock_.m.
Bianca Tirado, City Clerk
2
Approved and signed by me on the day of , 2025,at o'clock_.m.
James Mueller, Mayor, City of South Bend, Indiana
3