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HomeMy WebLinkAboutAmending Chapter 20 Deleting Moped RegulationsORDINANCE No. 10356 -15 Passed by the Common Council of the City of South Bend, Indiana Attest: April 13, 20 15 JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana April 14, 20 15 City Clerk President of Common Council Approved and signed by mew � 6 20 13' City Clerk Bill No. (3-( Ordinance No. 103S(,—( AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 13, SECTIONS 20 -130 THROUGH 2O -135 ADDRESSING MOPED REGULATIONS AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council passed Ordinance No. 10244 -13 on July 22, 2013, which created local moped regulations. Those regulations were based on the "growing public health and safety concerns in light of moped accidents and the number of mopeds being stolen ", which were not being addressed at that time by any state regulations. The action taken by the Common Council in 2013 was similar to legislative action taken by the Common Councils in Evansville, Kokomo, Terre Haute, Richmond, and other Indiana cities, where public safety concerns were addressed. Upon the effective date of Ordinance No. 10244 -13, several dozen moped owners had their mopeds inspected and each of those who passed the safety inspection were then properly registered with the South Bend Police Department. Fifty percent (50 %) of the fees generated from these registrations were deposited into the Law Enforcement Continuing Education Fund. Since the passage of South Bend's moped ordinance, the Indiana General Assembly has enacted state legislation [HEA 1343] in this area, with the most recent provisions taking effect on January 1, 2015. In light of the new state law, all local moped ordinances in cities and towns throughout the State of Indiana are now preempted. In light of that, this ordinance officially repeals Ordinance No. 10244 -13 and reserves Chapter 20, Article 13 of the South Bend Municipal Code for future legislation. This ordinance also deletes the penalty provisions for the violation of the former local moped regulations from the Schedule of Ordinance and Code Violations set forth in Section 2 -213 of the South Bend Municipal Code. p /� ��y ✓ /rer�rr, � � ©rdicin�i / /�! /rte Vc�niiccci �orurti /��! /e Ub� r��ul/ �/�!iid, Section I. In light of the action by the Indiana General Assembly, Ordinance No. 10244- 13 is hereby repealed in its entirety. Section II. Chapter 20, Article 13, Section 20 -130 through Section 20 -135 of the South Bend Municipal Code which is the codified version of Ordinance No. 10244 -13 addressing Moped Regulations is hereby repealed. Ordinance Repealing Local Moped Regulations Page 2 Section III. Chapter 2, Article 19, Section 2 -213 of the South Bend Municipal Code is hereby amended in part as follows: Section IV. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be' farce m e ect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, I"District Council Member Office of the City Clerk c� W deirler/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the � l 1—day of , 2015, at (( S "j o'clock m. Janice ]boom, Deputy Clerk c �. ,nelr„l ✓,elbymeonthe day of )Mz 2015, at ri' o'clock �.m. / J Pete B teg yor City of South ffend, Indiana I st RI!ADIRG 3 —Z,3 —1,S— PUBLIC HEARING q--I3 '1 j 3 rd READING 4 --0-tY FIOT APPROVED Filed In Clerk's Office MAP 17 2015 JOHN VOORDE CITY CLERK, SOUTH BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13 -15 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE BY DELETING ARTICLE 13, SECTIONS 20 -130 THROUGH 2O -135 ADDRESSING MOPED REGULATIONS AND AMENDING CHAPTER 2, ARTICLE 19, SECTION 2 -213 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 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. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole (574) 235 -5980 March 10, 2015 Members of the Common Council 4"' Floor County -City Building South Bend, Indiana 46601 4ourx "e�; y c. u a mss: Common Council City of South Bend Indiana Tim Scott, Council President 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile Re: Ordinance to Repeal Local Moped Regulations Dear Council Members: (574)235 -5567 TTY /TDD On July 17, 2013, Council Member Karen L. White, Council Member Derek D. Dieter, and Council Member Oliver J. Davis joined with me in sponsoring Bill No. 28 -13 which created local moped regulations. The final version of the Bill was passed by the Common Council on July 22, 2013, with the support and input from Police Division Chief Scott Ruszkowski and Police Chief Ron Teachman. As noted both in the public hearing held by the Health and Public Safety Committee and the public hearing held by the Common Council, the ordinance addressed many public safety concerns which were not being addressed by Indiana state law. The ordinance was signed into law by Mayor Buttigieg and implemented thereafter by the South Bend Police Department. With the Indiana General Assembly's enactment of HEA 1343, local communities in Indiana are essentially preempted from having their own moped regulations. In light of that action by the state legislature, the attached ordinance repeals all of South Bend's local regulations addressing mopeds I recommend that this Bill be sent to the Council's Health and Public Safety Committee for review a ositive recommendation to the Common Council Sincere T1 0 ncil President I" District Council Member Attachment Thank you. Filed In Clerk's Office A -17 X15 16-9 W _V 0, I) CITY CLERK, SouTH 13END, IN