21-19 Ordinance Amending Chapter 5 Various Articles: Responsible Animal and Pet Ownership Care and Control Regulations

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the Resource Center Manager of SBARC shall request a hearing by the Animal Welfare Commission for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious. (1) Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for finding probable cause shall be sworn to and verified by the complainant and shall be provided to the Animal Welfare Commission. (2) The hearing will be held within ten(10)calendar days at a special meeting of the Animal Welfare Commission and shall be open to the public. (4) The Resource Center Manager of SBARC shall notify the owner/guardian of the animal of the date and time of such hearing, at which time he or she may present evidence as to why the animal should not be declared potentially dangerous or vicious. (5) The Animal Welfare Commission may consider all relevant evidence,including incident reports,affidavits of witnesses,photographs and/or video media,and whether the incident reasonably indicates whether or not the animal in question is potentially dangerous and/or vicious in ordinary circumstances where the average person could not reasonably be expected to foresee and take measures to prevent injury. (6) If the owner/guardian of the animal fails to appear at the hearing, the Animal Welfare Commission may find owner/guardian in default, and all ownership rights of the animals shall be assumed waived. (7) b. An animal determined to be vicious shall be euthanized by the South Bend Division of Animal Welfare when it is found by the Animal Welfare Commission that the release of the animal would create a significant threat to the public health,safety, and welfare c. If it is determined that an animal found to be vicious shall not be euthanized, the Animal Welfare Commission may impose reasonable conditions upon the ownership of the animal that protect the public health, safety and welfare, which are consistent with the chapter. d. Decisions of the Animal Welfare Commission are subject to appeal to the Circuit Court of St. Joseph County. The Owner/Guardian of the animal(s)must do so within ten (10) calendar days, or they will waive their right to the appeal, and all decisions will be considered final. The Owner/Guardian must also notify the Animal Welfare Commission of their decision to appeal in writing, which will then be forwarded to the Law Department for the City of South Bend. (b) If, upon investigation, it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the animal in question poses an immediate threat to public safety, then the animal welfare officer or law enforcement officer may seize and impound the animal pending the hearing to be held pursuant to this section. The owner/guardian of the animal shall be liable to the City of South Bend Division of Animal Welfare where the dog is impounded for the costs and expenses of keeping the animal, if the animal is later declared potentially dangerous or vicious.