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21-19 Ordinance Amending Chapter 5 Various Articles: Responsible Animal and Pet Ownership Care and Control Regulations
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21-19 Ordinance Amending Chapter 5 Various Articles: Responsible Animal and Pet Ownership Care and Control Regulations
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7/2/2019 10:35:28 AM
Creation date
7/2/2019 10:21:36 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
7/8/2019
Bill Number
21-19
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the Resource Center Manager of SBARC shall request a hearing by the Animal Welfare <br /> Commission for the purpose of determining whether or not the animal in question should be <br /> declared potentially dangerous or vicious. <br /> (1) Whenever possible, any complaint received from a member of the public which serves <br /> as the evidentiary basis for finding probable cause shall be sworn to and verified by the <br /> complainant and shall be provided to the Animal Welfare Commission. <br /> (2) The hearing will be held within ten(10)calendar days at a special meeting of the Animal <br /> Welfare Commission and shall be open to the public. <br /> (4) The Resource Center Manager of SBARC shall notify the owner/guardian of the animal <br /> of the date and time of such hearing, at which time he or she may present evidence as to <br /> why the animal should not be declared potentially dangerous or vicious. <br /> (5) The Animal Welfare Commission may consider all relevant evidence,including incident <br /> reports,affidavits of witnesses,photographs and/or video media,and whether the incident <br /> reasonably indicates whether or not the animal in question is potentially dangerous and/or <br /> vicious in ordinary circumstances where the average person could not reasonably be <br /> expected to foresee and take measures to prevent injury. <br /> (6) If the owner/guardian of the animal fails to appear at the hearing, the Animal Welfare <br /> Commission may find owner/guardian in default, and all ownership rights of the animals <br /> shall be assumed waived. <br /> (7) <br /> b. An animal determined to be vicious shall be euthanized by the South Bend Division <br /> of Animal Welfare when it is found by the Animal Welfare Commission that the <br /> release of the animal would create a significant threat to the public health,safety, and <br /> welfare <br /> c. If it is determined that an animal found to be vicious shall not be euthanized, the <br /> Animal Welfare Commission may impose reasonable conditions upon the ownership <br /> of the animal that protect the public health, safety and welfare, which are consistent <br /> with the chapter. <br /> d. Decisions of the Animal Welfare Commission are subject to appeal to the Circuit <br /> Court of St. Joseph County. The Owner/Guardian of the animal(s)must do so within <br /> ten (10) calendar days, or they will waive their right to the appeal, and all decisions <br /> will be considered final. The Owner/Guardian must also notify the Animal Welfare <br /> Commission of their decision to appeal in writing, which will then be forwarded to <br /> the Law Department for the City of South Bend. <br /> (b) If, upon investigation, it is determined by the animal control officer or law enforcement <br /> officer that probable cause exists to believe the animal in question poses an immediate threat to <br /> public safety, then the animal welfare officer or law enforcement officer may seize and impound <br /> the animal pending the hearing to be held pursuant to this section. The owner/guardian of the <br /> animal shall be liable to the City of South Bend Division of Animal Welfare where the dog is <br /> impounded for the costs and expenses of keeping the animal, if the animal is later declared <br /> potentially dangerous or vicious. <br />
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