HomeMy WebLinkAbout11199-25 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 ORDINANCE No .
11199-25
Passed by the Common Council of the City of South Bend, Indiana
April 28, 20 25
Attest: ' A4 441 1` (A4/I/N'_ City Clerk
Bianca L. Tirado
Attest: - President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 29, 20 25
SAN*, I. "? City Clerk
Bianca L. Tirado
Approved and signed by me M i Z` 20 25
I( itil/
Mayor
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SUBSTITUTE BILL NO. 26-25
ORDINANCE NO. 11199-25
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;
(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, shall 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)(1), or Section 13-58, or Section 19-44 of this Code, shall be issued
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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 Ma,/ 9{" , 2025
Canneth Lee, Pre ident,
South Bend Common Council
Attest:
-if-a-41-a-d_ "..A 0 e 6
Bianca L. Tirado, y 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 29th day of April , 2025, at 12 o'clock
p.m.
LW-04-
Bianca L. Tirado, City lerk
Office of the City Clerk
Approved and signed by me on the day of �� , 2025, at 1 o'clock
Pr—N., _.-------
f .m. /iJ es Mueller, Mayor
C. of South Bend, Indiana
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