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Home My WebLink AboutAmending Chapter 13 Offenses and Miscellaneous Provisions ORDINANCE No . 10410-15 Passed by the Common Council of the City of South Bend,Indiana December 14, 20 15 Attest: City Clerk JOHN VOORDE Ile Attest: ■_ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 15, 20 15 City Clerk JOHN VOOR E Approved and signed by me Plt `-,#_. /6 20 _AL_ r Mayor Ali Bill No. 73�' (S Ordinance No. 0 [10- S/ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 13-96 OF ARTICLE 10, CHAPTER 13 OFFENSES AND MISCELLANEOUS PROVISIONS AND AMENDING SECTION 2-213 OF CHAPTER 2 ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, in collaboration with the City Administration,believe that the limited technical amendments set forth in this ordinance are in the best interests of the City of South Bend. The amendments clarify the penalty provisions so that they are all consistent and compliant with Indiana law. 9167•;, /ei mre, Y% ;✓/ Orda;n(r/4y the javxniaii Jounerl/b e (ay/o� t %�/�eiu/ r%v,a, ad Section I. Section 13-96 of Article 10 of Chapter 13 addressing "Offenses and Miscellaneous Provisions" of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 13-96 Penalties and Confiscation of Firearms. (-a) 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 up to two thousand five hundred dollars ($2,500.00). fines for all subsequent violations. 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. (b) Any firearm displayed in violation of this article,may be seized and held for evidence. Said Section II. Chapter 2, Article 19, Section 2-213(a) of the South Bend Municipal Code is amended in part as follows by the addition of the following language to the chart in appropriate numerical order: 2-141(b)(4) Discharging Firearms in Cemeteries $2,500.001 South Bend Municipal Code§ 2-141 (b)(4)exempts the discharging of firearms at"military funerals and memorial celebrations". Clarification of Penalty Provisions Ordinance Page 2 13-58 Discharging Firearms Prohibited $2,500.002 13-96 Firearms at Public Meetings $2,500.00 19-44 Discharging Firearms in Parks $2,500.003 Section III. 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 IV. 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. im co , i rs ct Council Member �\ South Bend Common Council —Z9 4(4 Kar n L. White, Council Member at Large South Bend Common Council Derek D. Dieter, Council Member at Large South Bend Common Council John Voorde, City Clerk '%ieii/edby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the Ink day of fLQ,ce w�i , 2015, at `l,J 'Y r o'clock Q. m. Janice T oom, Deputy C le k 2 South Bend Municipal Code§ 13-58(b)exempts"any legally appointed officer in the discharge of his duty". 'Indiana Code§ 35-47-2 set forth the State of Indiana regulations to carry a handgun. Clarification of Penalty Provisions Ordinance Page 3 2roaedawdoredby me on the q day of J 4e•w.H,..... 92015, at a o'clock;I m. Pete Buttigie ay City of South Bena 1 Iy caWdi F Z56 .le-a l(—Li—li— rid , 1 s Z015 1 1 sl READING PUBLIC HEARING i L—(Lt—tfS� rd READING J r ulr:i•��... 12.,—C�-1 GI'1'l S:W....i �i§ezji°43i9riC9D,IN I :OT APPROVED EPERRED r PASSED ‘2,-4(-1—4. J I Vii i \y c`9 uigee .. 2 t� The South Bend Common Council 227 West Jefferson Boulevard,Room 441 Downtown South Bend,Indiana 46601 574.235.9321 574.235.5567 TDD November 18, 2015 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Clarification of Penalty Provisions Dear Council Members: The attached ordinance would clarify the penalty provisions for exciting provisions of the South Bend Municipal Code. More specifically: • Section 2-141(b)(4)has banned the discharge of firearms in public cemeteries since the passage of Ordinance No. 7108-82 in 1982, with the only limited exceptions being at military funerals and memorial celebrations. • Section 13-58 addressing the "discharging firearms prohibited" has been on the books since 1962, originally codified as Section 26-10. • Section 13-96 addressing the penalty for having a firearm at a public meeting was passed on June 27, 2011 as part of Ordinance No. 10098-11. • Section 19-44 addressing the banning of firearms in public parks has been on the books since July 9, 1973 when Ordinance No. 5544-73 was passed and then codified into the then City Code as Section 4-50. We have worked with the City Administration, as well as our former and new Police Chief on this needed clarification which we all believe is in the best interest of the City of South Bend. All fines for violation of the above-listed sections of the South Bend Municipal Code would be the same, with a detailed listing being set forth in Section II of the attached ordinance. Clarification of Penalty Provision Ordinance Cover Letter Page 2 The penalty clarification provisions in no way affect the Indiana state law provisions addressing regulations on the carrying of handguns, which continue in full force and effect. us We request that this Bill be referred to the Council's Health and Public Safety Committee, and be set for public hearing at the December 14th Council meeting. Thank you. Mo - me Tim Scot' v. . -sident 1st District Council Member K n L. White, Council Mem r at Large Nice-Chairperson of the Health and Public Safety Committee dieitaitiC Derek D. Dieter, Council Member at Large Chairperson of the Health and Public Safety Committee Attachment cc: Office of the City Clerk Police Chief Scott Ruszkowski Stephanie Steele, Assistant City Attorney Cristal Brisco, Corporation Counsel a usS1 - 4 P!V`d 16 ZQ15` s €�L CITY : ,ICITY CITY �:C d..s�a� ■6c�J 3