HomeMy WebLinkAboutAmending Chapter 5 Revise Identification of Animals Revise Provisions Animal Control ORDINANCE No. 8667-96
Passed by the Common Council of the City of South Bend, Indiana..
April 15, 19 96
Attest:: -1 r / City Clerk
e TTA J DUD
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
April 16, 96
'9
00_or/. . A���..►s City Clerk
LORETT° J. D D
Approved and signed by me zg 26
rj41-- C _ Mayor
ORDINANCE NO. rl) l 1%
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE
TO REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS,
TO REVISE PROVISIONS FOR ANIMAL CONTROL AND
PENALTIES FOR VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 5 of the
Municipal Code to revise requirements as to identification of
animals, to revise provisions for animal control and penalties
for violations .
SECTION I . Chapter 5, Article 1, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-1. Definitions.
The following terms and phrases shall have the meanings set
forth in this article :
(a) Abandonment means to deposit, leave, drop off or
otherwise dispose of any live domestic animal without providing
immediate human care on any public or private property.
(b) A.D.B.A. means American Dog Breeders Association.
(c) Agent means person (s) eighteen (18) years or older
authorized by an owner to act in the owners behalf.
(d) A.K. C. means American Kennel Club.
(e) Altered Animal means any animal that has been operated
on to prevent it from procreating.
(f) American Pit Bull Terrier means the breed of dog
registered and described by the United Kennel Club (U.K.C. ) and
the American Dog Breeders Association (A.D.B.A. ) as the American
Pit Bull Terrier, also known as the pit bull terrier, and any
crossbreed of the American Pit Bull Terrier; but does not include
the breeds known as the American Staffordshire Terrier, the
Staffordshire Bull Terrier, the English Bulldog, the Bull
Terrier, or the Bulldog, all of which are recognized by the
American Kennel Club (A.K.C. ) .
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(g) Animal means any live nonhuman vertebrate creature,
domestic, wild or exotic.
(h) Animal care facility means an agency charged with
housing animals picked up in violation of this chapter.
(i) Animal Control Commission means the governing board
established by Article 2 of this Chapter.
(j) Animal Control Officer means a persons- authorized to
carry out the provisions of this chapter.
(k) Animal shelter means a facility operated by the City of
South Bend, or any facility operated by a humane s-ee ety, or
facility operated by or its authorized agents for the purpose of
impounding or caring for animals held under the authority of this
chapter or State law.
(1) At Large means any animal that is not under restraint .
(m) Attack dogs means dogs trained to attack upon command
who have been trained to attack.
O (m) Auctions- Facility means any place or facility
where animals are regularly bought, sold or traded, excepted for
those facilities otherwise defined in this chapter or State law.
(a) (n) Bite means to seize or cut with the teeth,
breaking the skin.
(p) (o) Breeder means any person or for-profit business or
corporation which harbors dogs, and/or cats and allows or causes
those dogs and/or cats to procreate for the purpose of selling
(q) (p) Circus means and includes performances given by
traveling companies on vacant lots with tents, or some other kind
of temporary enclosure, where performances are given for a fee.
Performances may include, but are not limited to: trained animal
acts, races, feats of horsemanship, acrobatics, strength, trapeze
acting or clowns . Circuses and carnivals are also subject to the
licensing provisions set forth in section 4-22 of this Code.
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Of-) (ID Criminal Trespass means when a person who:
(1) Not having a contractual interest in the property,
knowingly or intentionally entering the real property of another
person after having been denied entry by the other person or his
agent;
(2) Not having a contractual interest in the property,
knowingly or intentionally refuseing to leave the real property
of another person after having been asked to leave by the other
person or his agent;
(3) Accompanyingiee another person in a vehicle, with
knowledge that the other person knowingly or intentionally is
exerting unauthorized control over the other vehicle;
(4) Knowingly or intentionally interferingee with the
possession or use of the property of another person without his
consent; or
(5) Not having a contractual interest in the property,
knowingly or intentionally entering the dwelling of another
person without his consent.
For purposes of this Chapter, a person has been
denied entry if the denial was by means of personal
communication, oral or written, or by putting or exhibiting a
notice at the main entrance in a manner that is either prescribed
by law or likely to come to the attention of the public
(s) (r) Dangerous animal means any animal which:
(1) Has, off of its owner' s property, attached
attacked another animal or livestocks; or
(2) Has attacked or which has attempted to attack,
unprovoked, any human being, whether on or off the owner' s
property; or
(3) Has bitten any human being, unprovoked, with said
injury requiring stitches and the loss of blood; or
(4) Has bitten or attacked a person, unprovoked,
causing wound or injuring creating a potential danger to the
health or life of the victim; or
(5) Has a history documented with a public agency of
biting or attacking humans or domestic animals; or
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(6) Has a known propensity, tendency or disposition to
attack, to cause injury or otherwise threaten or endanger the
safety of humans or domestic animals; or
(7) Has been found to be at large and has been
documented to be at large by an Animal Control Officer on three
(3) or more separate occasions in a twelve (12) month period; or
(8) Is an American Pit Bull Terrier.
However, no animal shall be considered a dangerous animal if
injury or damage is inflicted by that animal upon a person or
another animal if such person or other animal at the time such
injury or damage was sustained, was committing a willful criminal
trespass upon the premises occupied by the owner or keeper of the
animal, or was teasing, tormenting abusing or assaulting the
animal or was committing or attempting to commit a crime. The
definition excludes K-9 patrol dogs or police dogs used by law
enforcement agencies .
(b-) (s) Domestic animal means any animal that is a member
of one of the following species :
Dog (canis familiaris)
Cat (Felis cattus or Felis domesticus)
Cattle (Bos domesticus or Bos taurus or Bos indicus)
Horse (Equus caballus)
Donkey (Equus asinus)
Pig (Sus scroffa)
Sheep (Ovis aries)
Goat (Capra hircus)
Bison
Chickens
Pigeons
Rabbit (Oryctolagus cuniculus)
Mouse (Mus musculus)
Rat (Rattus rattus)
Guinea Pig (Cavis procellus)
Chinchilla (Chinchilla langier)
Hamster (Mesocriecetus auratus)
Gerbil (Gerbillus gerbillus)
Mink
Cow or Ox (Bovine)
Ferret
Llamas
and all other domestic animals defined in I .C. , 15-2 . 1-2-15 .
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(tr) (t) Exotic animal means any animal whose normal native
habitat is not indigenous to the continental United States,
excluding Alaska and Hawaii, except fish and fur-bearing animals
commercially bred for the furrier trade and birds defined under
federal regulations, and nonpoisonous snakes and reptiles .
( ) (u) Exposed to rabies means any human or nonhuman
warm blooded mammal that has been bitten or in contact with any
other animal known or reasonably suspected to have been infected
with rabies .
O (v) Fight means a conflict between two (2) or more
animals but does not include a conflict that is unorganized or
accidental .
(1) (w) Fowl means any kind of wild or domestic bird,
excluding homing or racing pigeons, canaries, parrots or similar
types of birds kept in cages .
handicapped.
(�) (v) Harboring means the actions of any person that
permit any animal habitually to remain or lodgc at large or to be
fed within his home, store, enclosure, yard or place of business
or any premises on which such person resides or controls . An
animal shall be presumed harbored if it is fed or sheltered for
three (3) consecutive days .
(aa) Humane Officer (s) mcans any person (s) and/or agency
• - • , . . V V City, as a person (s) qualified to per f n- dutics required by
the law of this City and Statc regarding animals .
( S) (aa) K-9 patrol dogs, or police dogs means a
professionally trained dog used by law enforcement officers for
law enforcement purposes and activities.
(e-e) (bb) Kennel means any premises wherein any person
engages in the business of boarding, breeding, buying, letting or
keeping of more than three (3) dogs for hire, training for a fee,
or selling; and which is zoned for such commercial purposes .
(a ) (cc) Leash means a cord, chain, rope, strap or other
such physical restraint .
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(ee) (dd) Muzzle means a device constructed of strong, soft
material or a metal muzzle. The Muzzle must be made in a manner
which will not cause injury to the dog or interfere with its
vision or respiration, but must prevent it from biting any person
or animal .
(ff) (ee) Nip means to pinch or squeeze with teeth with no
breaking of skin or tissue.
( ) (ff) Owner means any person eighteen (18) years or
older owning or harboring one (1) or more animals .
(hh) (gg) Performing animal exhibition means any spectacle,
display, act, or exhibit or event other than a circuses-, in which
performing animals are used.
(4 ) (hh) Pet means any animal kept for pleasure rather than
utility.
(--j-) (ii) Pet shop means any person, group of persons,
partnership or corporations whether operated separately or in
connection with another business enterprise, which sells or
barters animals .
(kk) (jj_) Provoked means to deliberately arouse, incite, or
excite.
(3-) (kk) Public nuisance means any animal or animals which:
(1) Interferes with passerby or passing vehicles.
(2) Attacks other animals or persons .
(3) Is at large.
(4) Damages private or public property.
(5) Causes frequent or long continued noises or other
sounds common to its species which disturbs the comfort or repose
of any person in the immediate neighborhood.
(6) Causes foul or noxious odors which offend
residents in the neighborhood.
(7) Trespasses on Enters, without permission, the
private property of persons other than the owner of the animal .
(8) Is a dangerous animal.
(mm) (11) Rabies vaccination means the injection, by a
licensed veterinarian, of a dog, cat or other animal with a
rabies vaccine licensed by the U.S .D.A. and approved by the
Indiana State Board of Health.
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(ftft) (mm) Restraint means the securing of an animal by a
leash or securely confining it within the real property limits of
its owner or agent .
(oe) (nn) Riding school or stable means any place that has
available for hire, boarding and/or riding instruction, any
horse, pony, donkey, mule or burro.
(pp) (00) Rodeo means a performance featuring bronco riding,
steer wrestling, calf roping, greased pig contest or bull riding.
(e ) (pa) Serious injury or death. "Serious injury" means
substantial bodily injury; injury that causes disfigurement,
impairment of health, or impairment of a bodily part which is
caused by the animal biting and which is medically documented.
"Serious injury" shall not mean a nip from an animal .
(gg) Service dogs means dogs trained to assist the
handicapped.
(e ) (rr) Stray means any animal that is not under restraint
and/or upon reasonable inquiry by an animal control humanc
officer does not appear to have an owner.
(r.r) (s s) U.K. C. means United Kennel Club.
(s-s) (tt) Unconfined dangerous animal means a dangerous
animal which is not securely confined indoors, e not under
restraint, or not confined in a securely enclosed and locked pen
or structure upon the premises of the owner or agent of such
animal .
(tt) (uu) Unprovoked means without provocation; lacking
provocation, incitement or stimulation.
(trtt) (vv) U.S.D.A. means United States Department of
Agriculture.
(w) (ww) Veterinarian means any person licensed and
accredited to practice veterinary medicine in the State of
Indiana.
(ww) Vicious animal means any animal that has, without
provocation, attacked a human bcing or othcr animal, or an animal
that by its behavior or physical condition constitutes an
or animals, or any animal which has previously attackcd or bitten
any human being- or othcr animal on two (2) or more reported
occasions, or any potentially dangerous dog.
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(xx) Wild animals means any animal not a domestic or exotic
animal, with the exception of small, nonpoisonous aquatic or
amphibious animals and small cage birds, which are normally found
in a wild state.
(yy) Zoological park means any facility, other than a pet
shop or kennel displaying or exhibiting one or more species of
nondomesticated animals operated by a person, partnership,
corporation or governmental agency and is properly zoned for such
use which possesses valid permits as required under state and
federal law.
Sec. 5-2. Reserved.
SECTION II . Chapter 5, Article 2, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-3. Establishment and duties of the animal control
commission.
The Animal Control Commission is established and shall have
the following duties :
(a) To report to or be responsible to the Mayor and the
Common Council .
(b) To recommend proposed policies, principles, standards
and regulations for the control and humane treatment of all
animals in the City.
(c) To review and to make recommendations on the improved
enforcement of the terms of this chapter and to the Common
Council as to ordinances necessary for the care and treatment of
all animals of this chapter.
(d) To review the performance of any agency hired by the
City, and agencies of the City in any matter related to the
enforcement of this chapter.
(e) To receive reports involving animal control from the
Humane Society, Police Department, Code Enforcement Department,
and Street Department involving animal control, or other agency
authorized to carry out the provisions of this Chapter.
(f) To submit to the Mayor and Common Council no later than
March 1st of each year a written report of its activities and
recommendations .
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(g) To receive complaints regarding alleged animal control
violations and specifically alleged violations.
(h) To hear appeals within five (5) ten (10) working days
(excluding holidays and weekends) of an appeal being filed on the
determination of that :
(1) An animal is a "dangerous animal", as defined
herein and/or
(2) A person or persons "provoked" an animal which
resulted in a violation of this chapter.
Such determinations shall be reduced to writing with the original
of the same being maintained by the City and copies being sent to
the person or persons filing an appeal, and the Department of
Code Enforcement .
Sec. 5-4 . Membership and quorum of Commission.
The Animal Control Commission shall be composed of three (3)
members and one alternate member who shall be appointed, two (2)
by the Common Council,_ ftftd one (1) by the Mayor-- and one (1)
alternate by the Mayor. The presence of three (3) members or two
(2) members and one (1) alternate shall be necessary to
constitute a quorum.
(a) One (1) member shall be a licensed veterinarian
appointed by the Council;
(b) One (1) member shall be an owners s operator, or
employee of a kennel, cattery, zoological park or commercial
animal establishment, appointed by the Council; and
(c) One (1) member shall be an employee from the Department
of Code Enforcement Department appointed by the Mayor.
(d) One (1) alternate member shall be appointed by the
Mayor, and shall be an active member of an animal welfare
organization, including, but not limited to, the Humane Society
or Pet Refuge, or shall have the qualifications set forth in (a)
or (b) of this section.
Sec. 5-5. Terms of members.
The members of the Commission shall serve at the pleasure of
the appointing authority and each member shall serve until a
qualified successor is duly appointed. All appointments shall be
made for four three year terms, however the initial appointments
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shall serve as follows : the member appointed pursuant to section
5-4 (a) shall serve for one year; the member appointed pursuant to
section 5-4 (b) shall serve for two years; and the member and
alternate member appointed pursuant to section 5-4 shall serve
for three years . The initial Council appointments shall be for
one (1) , two (2) and th-rcc (3) years, and the initial Mayoral
appointments shall be for two and threc-year periods .
Sec. 5-6. Meetings, Agendas, and Minutes of the Commission.
(a) The Commission shall meet on a quarterly basis each
calendar year. At the first meeting of each year it shall elect
a Chairperson and other officers deemed necessary. Emergency
meetings may also be called by the Chairperson or Vice-
Chairperson at any time, with notice being provided as required
by applicable state law.
(b) Copies of all Commission agendas shall be sent to the
Legal Department, the City Clerk' s Office, the Chairpersons of
the Public Health and Safety Committee,_ -afrel the Residential
Neighborhood Committee of the South Bend Common Council, and the
Department of Code Enforcement upon the call of a Commission
meeting.
(c) Minutes of all Commission meetings shall be maintained,_
and with copies of minutes shall be the same being sent, within
ten (10) days following such meeting (s) , to the Legal Department,
the City Clerk' s Office, the Chairpersons of the Public Health
and Safety Committee_ and the Residential Neighborhood Committee
of the South Bend Common Council, and the Department of Code
Enforcement .
Sec. 5-7 . Reserved.
SECTION III . Chapter 5, Article 3, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-8. General animal care regulations.
Every owner and/or his agent of an animal within the City
shall see that his or her their animal (-8-) :
(a) Is kept in a clean, sanitary and healthy manner and is
not confined so as to be forced to stand, sit or lie in its own
excrement.
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(b) Has sufficient and wholesome food and water, which is
proper and nutritional for that species of animal .
(c) Has a proper and adequate structure provided that will
protect that animal from all elements of the weather and will
allow that animal to stand, sit and lie down without restriction,
and is kept in a sanitary manner.
(d) If ill, diseased or injured, or Receives proper medical
veterinary care as necessary to treat illness, disease or iniurv,
to prevent the transmittal of ft disease to other animals or human
beings and ' - -_ --= . - . _ - ■ . - ' " - - to promote good
animal health.
(e) Is not beaten, cruelly ill-treated, overloaded,
overworked, or [such owner shall not] otherwise abused
animal .
No owner shall cause, instigate, or permit any dog
fight, cockfight, bullfight or other comber between animals or
between animals and humans .
(f) Is not physically altered in any manner by anyone other
than a veterinarian with the exception of tattooing and grooming.
(g) Is not abandoned, neglected or tortured.
(h) Does not become a public nuisance as defined in this
chapter.
(i) Does not become a vicious dangerous animal .
(j) Is properly vaccinated and/or licensed if required by a
local, state or federal law.
(k) Is properly restrained and not at large.
(1) Are Is not raffled, offered or given as a prize,
premium or advertising device.
(m) Is, while in heat or rutting, confined within a
building or secure enclosure so that the animal cannot come into
contact with a male animal of the same species, except for
planned breeding.
No owner or agent shall cause, instigate, or permit any
dog fight, cockfight, bullfight or other combat between animals
or between animals and humans .
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All persons are prohibited from provoking an animal, where
the animal's resulting behavior after such provocation, would
result in the owner of said animal being in violation of the
requirements of this chapter.
Sec. 5-9. Sale of baby rabbits, chicks or fowl prohibited;
exception.
(a) No person shall display, sell, offer for sale, barter
or give away baby rabbits, chicks, goslings, ducklings, turkeys
or other fowl as novelties .
(b) No rabbit, chick, gosling, duckling, turkey, or other
fowl that has been dyed or otherwise colored artificially may be
sold or offered for sale; raffled; offered or given as a prize,
premium, or advertising device; or displayed in any store, shop,
carnival, or other public place.
(c) This section shall not be construed to prohibit the
sale or display of natural chicks, ducklings, or turkeys in
proper brooder facilities by hatcheries or stores engaged in the
business of selling them to be raised for commercial purposes .
Sec. 5-10. Motor vehicles accidents involving animals.
(a) Any person operating a motor vehicle who knowingly
hits, runs over or causes injury to any animal shall stop at
once, ascertain the extent of injury and notify the police
department, or the Department of Code Enforcement, or other
agency authorized to carry out the provisions of this Chapter.
(b) The motorist shall report his name, address, operator' s
license, registration number, type of animal hit, and the street
location of the animal .
Sec. 5-11. Animals in motor vehicles.
No animal shall be left in a vehicle when the condition in
that vehicle would constitute a health hazard to the animal, or
when the weather would cause a health hazard to such animals
inside a vehicle. No person shall transport any animal in an
unenclosed truck bed or open portion of any vehicle unless the
animal is enclosed in a cage which is securely fastened to the
vehicle.
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Sec. 5-12. Poisoning of animals.
It shall be unlawful for any person to throw or deposit any
known poisonous substance in any of the streets, alleys, parks,
commons, yards or other places, whether public or private, within
the City so that the same shall be liable to be consumed by any
animal; provided that it shall not be unlawful for a person to
expose on his or her own property common rat or mouse poison,
unmixed or mixed only with vegetable substances, or -[-substances
for+ the eradication of termites or similar insects .
Sec. 5-13. Trapping of animals restricted
(a) It is the purpose of this section to prevent the
potential harm that may be inflicted upon persons and to prevent
the maiming, unselective catching, and destruction of wild
animals or birds and domestic animals which come in contact with
traps . Persons who believe that this section is being violated
shall file their grievance with the Animal Control Commission for
review.
(b) No person shall trap for animals or fowl within the
City limits unless such trap (s) are cage-type live traps approved
by an humane officer or animal care facility used for the control
of nuisance animals . This prohibition shall not apply to any
trap specifically designed to kill rats, mice, gophers, or moles
so long as the owner of the property is aware of where the
trap (s) is set .
Sec. 5-14. Maximum number of dogs or cats per household.
(a) No person shall keep more than a total of three (3)
dogs or cats over the age of six (6) months per household in any
residential area zone "A, " "A-1, " "A-2, A-3, " "B, " or "B-1 . "
(b) These restrictions mean a total of three (3) animals;
for example, two (2) dogs and one (1) cat, or two (2) cats and
one (1) dog, but in no event shall the total number exceed three
(3) of such animals per household.
(c) This restriction shall not apply to property which is
at least one-third (1/3) of an acre of land (14, 520 square feet) ;
however, any person owning more than three (3) such animals shall
meet the provisions of subsection (d) herein.
(d) Persons desiring to have more than three (3) animals
who meet the regulation set forth in subsection (c) herein must
have a minimum of one thousand (1, 000) square feet for each
additional animal.
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Sec. 5-15. Acreage requirements for certain domestic
animals.
(a) Any person desiring to raise any of the following-named
domestic animals or fowl must have a minimum of five (5)
contiguous acres in land:
(1) Cow, ox, cattle, calves, or other livestock.
(2) Donkey, ass, burro, mule.
(3) Pig, swine, hog, pot-bellied pig.
(4) Sheep.
(5) Goat .
(6) Chickens, roosters, geese, turkeys, ducks, or
other fowl .
(7) Bees .
(8) Bison.
(9) Llamas .
(10) Horses .
The maximum number of such animals which may be maintained on
such property shall be determined in light of current animal
husbandry and veterinarian standards .
(b) Any person desiring to raise horses must have a minimum
of five (5) acres of land.
(e) (b) Any person desiring to raise rabbits as pets or
racing or homing pigeons within the City limits must keep such
animals and birds in safe and sanitary conditions so that a
public nuisance as defined herein in not created.
(d) (c) In no event shall the shelter and feeding area for
any of the animals or fowl herein be closer than fifty (50) feet
from the adjoining property line.
(e) (c) Bees must be kept in accordance with the following
provisions :
(1) If bee colonies are kept within fifty (50) feet of
any exterior boundary of the property on which the hive, stand or
box is located, a barrier [shall be erected] that will prevent
bees from flying through it .
(2) Fresh, clean watering facilities for bees shall be
provided on the said premises.
(3) The bees and equipment shall be kept in accordance
with the provisions of State statutes .
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Nothing in this section shall be deemed or construed to prohibit
the keeping of bees in a hive, stand or box located or kept
within a zoological park, school, or university building for the
purpose of study or observation.
Section 5-16. Animals-rim—heat Reserved.
Every female animal in heat or rutting shall be confined
within a building or secure enclosure sc that the animal cannot
comc into contact with a male animal of the same species except
for planned breeding.
Sec. 5-17. Owners or agents responsible for removing animal
wastes.
(a) The owner or agent of an animal shall immediately
remove the animal' s excrement from public or private property,
excepting a handicapped person working with a e service dog.
(b) The owner or agent walking his dog (s) outside of his
real property limits, must have in his possession and use a
"pooper scooper, " plastic bag, or similar device to pick up the
dog' s excrement if deposited while on such walk.
Sec. 5-18. Animal bites and reports.
(a) If any person is a victim of an animal bite, he shall
immediately notify the St . Joseph County Health Department, South
Bend Police Departments er the Department of Code Enforcement or
the agency authorized to carry out the provisions of this Chapter
of the incident, and provide a description of the animal and the
identification, if possible, of the owner. When an animal is
determined to have bitten a person, the animal shall be confined
in quarantine for a period of not less than ten (10) days .
(b) If the owner of an animal which has bitten a person has
proof of current rabies inoculation and a valid City license, the
animal may be left in the charge of the owner under quarantine
unless, in the judgment of the IIumanc Animal Control Officer and
based upon considerations of public safety, he determines it
should be removed to an animal shelter or veterinary hospital for
the period of observation.
(c) The owner shall be liable for all costs incurred in the
quarantine of the animal and for any personal and property damage
realized by the incident .
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(d) If the ownership of the biting animal cannot be
determined, or if the owner does not furnish proof of current
rabies inoculation and a valid City license, the animal shall be
impounded for the period of observation of not less than ten (10)
days .
(e) IIumanc Animal Control Officers shall be empowered to
enter onto private property for the purpose of impounding
animal (s) which are known to have bitten a person and shall
obtain legal process to do so if necessary.
(f) The Police Department shall s-cnd quarterly report3 of
all such bitc cascs and animals struck by motor vehicles listing
the date, location, and type of animal involved to the Animal
Control Commission.
(g) (f) Unless otherwise provided, the City and any of its
agents shall comply with the standards set forth in I .C. Section
15-2 . 1-6-1 through I .C. Section 15-2 . 1-6-13 entitled "Rabies . "
Sec. 5-19. Annual vaccination of dogs and cats required.
(a) No owner of any dog or cat shall keep or maintain a dog
or cat over the age of six (G) months three (3) months unless it
has been vaccinated by a licensed veterinarian with anti rabies
vaccine.
(b) Annual proof of vaccination shall be maintained by the
owner for display if requested by the City or its agent .
(c) Failure to comply with the provisions of this Section
shall subject the owncr of said unvaccinated dog and/or cat to
to a fine as set forth in Section 5 49 (d) .
Sec. 5-20. Performing animal exhibitions.
(a) No person shall operate or maintain a performing animal
exhibition without first having obtained a license from the City
Controllers' office.
(b) The application for such licenses shall describe the
proposed location, the purposes for which it is maintained, and
the dates and hours of such performances . The application shall
be accompanied by the written approval of the Department of Code
Enforcement showing compliance with the local and State
regulations governing location of and sanitation at the
16
establishment, the written approval of the building official
showing compliance with the local regulations concerning
building, zoning, and public health and safety regulations .
(c) The applicant shall provide proof of insurance executed
by a company legally authorized to do business in the State of
Indiana in limits of liability not less than the amounts set
forth in I .C. Section 34-4-16 .5-4 .
(d) Each license for the maintenance of any performing
animal exhibition shall be fifty dollars ($50 . 00) per day, not to
exceed five (5) consecutive days.
(e) Licenses for such performing animal exhibitions shall
not be transferable from one owner to another or to different
premises .
(f) Any license issued under the provisions of this section
may be suspended or revoked for violation of any local, county or
state law regulating such establishment, upon notice and hearing
to the licensee as provided in section 1-18 of the Municipal
Code .
Sec. 5-21. Reserved. Interference with animal control
officer prohibited.
No person shall interfere with or impede an animal control
officer in the performance of his or her duties set forth in this
Chapter.
SECTION IV. Chapter 5, Article 4, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-22. Protected animals.
(a) It shall be unlawful for any person to possess, with
the intent to sell,L er offer for sale, er buyer er attempt to buy,
or own within the City any of the following animals of either
thoroughbred er hybrid stock or pedigree:
( 1) All wild cats of the family felidae.
( 2) Polar bear (Thalarctos maritimus) .
( 3) Red wolf (Canis niger and hybrids) .
( 4) Vicuna (Vicugna vicugna) .
( 5) Alligator.
( 6) Caiman or crocodile of the order of corcodilia.
( 7) Gray or timber wolf (Canis lupus and hybrids) .
17
( 8) Sea otter (Enhydra lutris) .
( 9) Pacific ridley turtle (Lepidochelys olivacea) .
(10) Atlantic green turtle (Chelonia mydas) .
(11) Mexican ridley turtle (Lepidochelys kempi) .
(b) It shall be unlawful for any person to buy, sell or
offer for sale or own a native or foreign species or subspecies
of mammal, bird, amphibian, or reptile, or the dead body or parts
thereof, which appears on the endangered species list designated
by the United States Secretary of Interior and published in the
Code of Federal Regulations pursuant to the Endangered Species
Act of 1969 (Public Law 135, 91st Congress) , as amended.
(c) No person shall import or cause to be imported into
this City any part of the plumage, skin or dead body of any
species of hawk, owl, or eagle. This paragraph shall not be
construed to forbid or restrict the importation or use of the
plumage, skin, body or any part thereof legally collected for use
by the American Indians for ceremonial purposes or in the
preservation of their tribal customs and heritage.
(d) This section shall not be deemed to prevent the
importation, possession, purchase, or sale of any species by any
institute of higher learning, zoological park,
federal permits, or to any person or organization licensed to
present a circus or carnival pursuant to this Code.
(e) Any animal being offered for sale or owned in violation
of this section may be seized by a sec officer and impounded.
be fined no more than twe hundred dollars ($200 . 0-0) for the first
offense and no more than five fired dollars ($500 . 00) for each
subsequent offensc; and a separate offense shall be deemed
committed on each day during or on which a violation occurs or
continues .
Sec. 5-23. Keeping certain animals prohibited.
(a) It shall be unlawful for any person to keep, maintain
or have in his possession or under his control within the City
any poisonous reptile or any other dangerous or carnivorous wild
animal or reptile, any vicious or dangerous domesticated animal
or any other animal or reptile of wild, vicious or dangerous
propensities.
(b) It shall be unlawful for any person to keep, maintain
or have in his possession or under his control within the City
any of the following animals of either thoroughbred or hybrid
stock or pedigree:
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( 1) All poisonous animals, including rear-fang snakes .
( 2) Apes : chimpanzee (Pan) , gibbons (Hylobates) ,
gorillas (Gorilla) , orangutans (Pongo) , and siamangs
(Symphalangus) .
( 3) Baboons (Papoi, Mandrillus) .
( 4) Bears (Ursidae) .
( 5) Bison (Bison) .
( 6) Cheetahs (Acnonyx jubatus) .
( 7) Crocodilians (Crocodilia) .
( 8) Constrictor snakes, including but not limited to
boa, python, and anaconda.
( 9) Coyotes (Canis latrans) .
(10) Deer (Cervidae) , includes all members of the deer
family for example, white-tailed deer, elk, antelope and
moose.
(11) Elephants (elephas and Loxodonta) .
(12) Gamecocks and other fighting birds .
(13) Hippopotami (Hippopotamidae) .
(14) Hyenas (Hyaenidae) .
(15) Jaguars (Panthera onca) .
(16) Leopards (Panthera pardus) .
(17) Lions (Panthero leo) .
(18) Lynxex (Lynx) .
(19) Monkeys, old world (cercopithecidae) , new we-rd
world.
(20) Ostriches (Struthio) .
(21) Piranha fish (Characidae) .
(22) Pumas (Felis concolor) ; also known as cougars,
mountain lions and panthers .
(23) Rhinoceroses (Rhinocero tidae) .
(24) Sharks (class Chondrichthyes) .
(25) Snow leopards (Pathera uncia) .
(26) Spiders and insects which are poisonous .
(27) Tigers (Panthera tigris) .
(28) Wolves (Canis lupus and hybrids) .
(29) Monitor lizard.
(30) Wild Animals
(c) The provisions of this section shall not apply to
institutions of higher learning, zoological parks ftftel circuses
or persons harboring animals specifically for the purpose of
rehabilitation and release into their natural habitat pursuant to
a valid wildlife permit issued by the State of Indiana or an
agency of the United States if:
(1) Their location conforms to the provisions of the
zoning and licensing chapters of the City.
19
(2) All animals and animal quarters are kept in a
clean and sanitary condition and so maintained as to eliminate
objectionable odors .
(3) Animals are maintained in quarters so constructed
as to prevent their escape and protect the public from coming in
direct contact with them.
(d) Any person, firm or corporation violating any provision
($200 . 00) for thc first offense and not more than five hundred
dollars ($500 . 00) for each subacelident offense; and a s-cparatc
offense shall be deemed committed on each day during which or on
which a violation occurs or continues .
Sec. 5-24. Seizure of certain animals -fferee
natures-e3-.
(a) It shall be unlawful for any per 'seep, harbor,
naturae) .
(b) Wild animals are decd in Scction 5 1 (jj) and shall
include but not be limited to raccoons, skunks, foxes, squirrels,
chipmunks, porcupines, wolves , and woodchucks .
(c) Zoological parks, animal care facilities, circuses or
carnivals properly licens-cd pursuant to this code, and persons
possessing a valid wildlife permit from thc Indiana Department of
Conservation arc exempt for this section.
(d) (a) Any person who owns, possesses or harbors any ft
wild animal in violation of this Chapter Section 5 23 and is not
issued a wildlife permit or whose wildlife permit is revoked may
have the animal (s) seized confiscated and impounded. by thc
Indiana Dcpartmcnt of Cons-crvation_ or by a Humane Officer.
(e) Persons in violation of this section shall be fined one
hundred dollars 0-100 . 00) for the first offense and one hundred
fifty dollars ($150 . 00) for each subscgensc; and a
which or on which a violation occurs or continues .
No person shall harbor, hold for sale, s -4- eep or
maintain in the City any attack dog unless :
20
(a) The attack dog i at all times confined in an escape
proof enclosure- and thc public ' is prot = _ =- - _- ' -_ _ ' - ct
contact with it; or
(b) The attack dog, when not confined, is reined or
tethered to its mastcr, owner, or kccper over the age of eighteen
(18) years; and
(c) The owner of thc attack dog (s) is the holder of a
currently valid permit issued by a proper Statc or Federal
authority authorized to keep attack dogs .
Duly authorizcd members of the police or other law
enforcement departments including but not limited to gamc
wardens, conservation officers, and other law dement
officers shall be exempt from the provisions of this section.
It shall be a violation of this chapter to intc-r-€ere with or
impede a humane officer or othcr officcrs in the performance of
their duties set forth in this chapter.
SECTION V. Chapter 5, Article 4 .5, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-27. Licensing.
(a) A person shall not own an American Pit Bull Terrier, or
any other dangerous animal for more than forty-eight (48) hours
unless such animal is licensed under this article or an
application for licensing of such animal under this article is
pending. Persons who may disagree with his or her pet being
determined to be a dangerous animal must file an appeal within
said forty-eight (48) hours of receiving notification of that
designation. _- - - _ • _ _ . _ _ - • _
an ordinance violation punishable by a fine of fifty dollars
($50 .00) payable through thc Ordinance Violation Bureau.
(b) The owner of an American Pit Bull Terrier, or other
dangerous animal shall apply to the City Controller' s office or
the City' s duly authorized third party for the licensing of said
animal . The application shall be on a form provided by the City
Controller' s office or the City' s duly authorized third party and
shall be accompanied by all of the following:
21
(1) Verification of the owner' s name and current
address by way of providing a photostatic copy of his or her
driver' s license .
(2) Proof that the applicant owns said animal, and is
eighteen (18) years of aqe or older.
(3) One (1) copy of a registration certificate issued
for said animal by the A.K.C. and/or A.D.B.A. , if available and
applicable .
(4) One (1) copy of the current immunization and
health records for said animal .
(5) Proof that the applicant has insurance coverage of
not less than three hundred thousand dollars ($300, 000 . 00) for
any injury, damage or loss caused by said animal.
(6) Two (2) photographs of said animal taken not more
than one (1) month before the date of the application. One (1)
photograph shall be a front view of the animal and one (1)
photograph shall be a side view of said animal .
(7) If said animal was previously licensed under this
chapter, the name and address of any previous owner and the
number of the most recent license assigned to said animal .
(8) A licensing fee of fifty dollars ($50 . 00) .
(c) If the applicant provides all the information required
by subsection (b) , City Controller' s office or the City' s duly
authorized third party is satisfied of all of the following, said
the animal shall be licensed if;
(1) The applicant is the owner or agent of the animal .
(2) The applicant is eighteen (18) years or age or older.
(4) (1) The applicant agrees to inform the City
Controller' s office or its duly authorized agent of any notice or
cancellation of the required liability insurance within forty-
eight (48) hours of such notice or cancellation.
(4) (2) The applicant agrees to inform the City
Controller' s office or its duly authorized agent of any change of
address, or change of ownership of said animal.
(5) The applicant meets the other requirements under this
article for licensing.
(d) Upon licensing of said an animal not previously
licensed under this article, the City Controller' s office or the
City' s duly authorized third party shall assign a specific
license number of ownership to said animal, without duplication,
which number shall remain the same for the life of the animal.
This number may be tattooed on the inside and through the
skin of a rear leg of said animal the initial time said the
animal is licensed under this article. No further tattoos shall
be required upon renewal of said the license.
22
The Any tattooing shall be done by a veterinarian and shall
be made by the use of permanent tattoo ink. The tattoo shall be
not less than one (1) inch long and not less than one-quarter
(1/4) inch high. The City Controller' s office or the City' s duly
authorized third party shall issue to the owner or agent of said
animal a licens-e or permit dangerous dog license in written form
which includes the number of the license or permit, dangerous dog
license type of license or permit, dangerous dog license date of
issuance and date of expiration.
, A durable tag stamped with the license or
permit number and year of issuance shall be given along with a
sign stating "Beware Dangerous Animal" which must be prominently
and conspicuously displayed by the owner of said animal where
said animal is harbored and clearly visible from the street or
alley immediately adjacent thereto.
As an alternative to the tattooing requirements described
herein, the owner may elect to have the animal permanently
identified by a microchip identification tag with such
identification being done at the owner' s expense.
(e) The City Controller' s office and/or the City' s duly
authorized third party shall keep a permanent record of the name
and address of the owner or agent of each uch animal licensed
under this article and the number of ownership, name, breed, sex,
color, and two (2) photographs of each such animal so licensed.
The City Controller' s office and/or the City' s duly authorized
third party shall furnish to any law enforcement agency a true
copy of these records upon request .
(f) The City Controller' s Office and/or the City' s duly
authorized third party shall keep the licensing records for said
animals licensed under this article separate from the records for
all other breeds of animals .
(g) All licenses issued under this article shall expire
January thirty-first of each year.
Sec. 5-28. Specific regulations.
(a) Defacing tattoos. A person, corporation, club or
organization shall not tattoo any number over or upon the number
tattooed on an animal pursuant to this article so as to deface
the number and prevent identification by the owner of the animal .
fine of fifty dollars ($50 .00) .
23
(b) Notification. A Any person other than an Animal
Control Officer who harbors or holds in his or her possession a
stray animal licensed under this article of which he or she is
not the owner or agent nd does not shall report such possession
to the South Bend Police Department or the Department of Code
Enforcement within four (4) hours after he or she comes into
possession of the aid animal_ is guilty of an ordinance
violation punishable by a fine of not more than fifty dollars
($50 .00) .
(c) Breeding.
(1) A person who intends to breed the American Pit Bull
Terrier or other potentially dangerous animal shall apply to the
City Controller' s office or the City' s duly authorized third
party for a license to breed such animals . The applicant shall
specify in the application the breed, age, sex and license number
of such animal the person intends to use for breeding. The
application shall be accompanied by a fee of twenty-five dollars
($25 . 00) ; however, in the event that an application for license
is made after September first of each year, the fee shall be
prorated to one-half (1/2) of the yearly license fee . The
applicant must address the following items when completing said
application:
a. Description of physical facilities where the
breeding will take place;
b. Description of procedures to be used and followed
which must conform to standard animal husbandry practices;
c. Authorization to inspect said breeding facilities
to ensure compliance with this article and section 5-46 of this
chapter;
d. Consent to comply with all zoning and public
safety laws .
A breeder' s license shall not be issued to anyone
convicted of any of the offenses to animals set forth in I .C.
section 35-46-3-1 et seq.
(2) If the City Controller' s office or the City' s duly
authorized third party is satisfied that the applicant meets the
requirements under this article, he shall issue a City breeder' s
license to the applicant .
24
(3) The licensee must notify the City Controller' s office
or the City' s duly authorized third party of the birth of all
offspring of such animal within forty-eight (48) hours of such
birth (s) .
(4) A No person shall not breed such animals unless the
person is licensed has been issued a breeder' s license under this
subsection as a eity breeder. _- -- _ - = - -
fine or not less than fifty dollars ($50 . 00) .
(d) Pens or fences structures. A person who owns an
American Pit Bull Terrier, or dangerous animal shall have such
animal securely confined and restrained _ doors and/or provide a
securely enclosed and or locked five-sided pen or fence structure
outdoors . Theme pen or fence structure shall be approved before
use by the Department of Code Enforcement or its duly authorized
agent, and shall be designed and maintained in a manner so as to
prevent the said animal from escaping, attacking, biting or
otherwise endangering the safety of persons or domestic animals .
The All such pens or fence structures must comply with all zoning
and building regulations of the City. All such The pens or fence
structures must be kept in a clean, sanitary and healthy manner.
violation punishaablc by a fine of twenty five dollars ($25 . 00)
Ordinance Violations Burcau, and all offenses being
punishable subject to a citation with a fine of fifty dollars-
($50 . 00) .
The pens or fence structures, and any devices used to
secure dangerous animals required by Section 5 28 this subsection
shall be inspected by the City or its duly authorized agent at
least on an annual basis and upon a verified citizen complaint
being filed regarding thc its conditions of such pens or
structures .
(e) Change of ownership. If a person sells or otherwise
transfers ownership of an animal licensed under this article,
that person shall notify the City Controller' s office or the
City' s duly authorized third party within five (5) days of the
sale or transfer, excluding holidays and weekends, on a form
provided by the City Controller' s Office or the City' s duly
authorized third party. _- -- _ - .. - _ . _ _ - ' -
guilty of an ordinancc violation punishable by a fine of twenty
five dollars ($25. 00) , payable through the Ordinance Violations
Bureau, with both the formcr owncr bcing issued a citation for
violation of this paragraph, and thc new owner being cited for
violating section 5 47 requiring pet registration.
25
(f) Fighting. A No person shall not fight,/ s bait,
conspire to fight or bait, or keep, train or transport for the
purpose of fighting or baiting, any animal required to be
licensed under this article. A person who violates this
subsection is guilty of an ordinance violation punishable by a
fine of not more than two- thousand five hundred dollars
($2, 500 . 00) and shall be reported by the Department of Code
Enforcement or its designated agent to the County Prosecutor' s
office for prosecution under I .C. section 35-46-3-8 et seq.
(g) Public property. An owner of an American Pit Bull
Terrier or any other animal shall not cause or permit a person
less than eighteen (18) years of age to walk, run, exercise or
transport such animal on public property. Said animal must be
muzzled when walking, running, exercising or being transported on
public property by his owner or agent and must be kept under
restraint by a leash. - _ - _ . _ ' -
guilty of an ordinance violation punishable by a fine of not lcsa
than thirty five dollars ($35 . 00) .
(h) Notification by owner/agent. The owner or agent of any
animal required to be licensed under this article shall notify
the South Bend Police Department or the Department of Code
Enforcement within four (4) hours if said animal is running at
large, has been stolen, or has attacked a person or a domestic
animal . Q - -- ■ -- - - . . _ . - - - . _ ■
ordinance violation punishable by a fine of not less than fifty
dollars ($50 . 00) .
(i) Serious injury or death.
(1) If an animal licensed or required to be licensed as a
dangerous animal under this article kills or causes serious
injury to a person, the owner of -said the animal is guilty of an
ordinance violation and shall be punished by assessed a fine not
less than two thousand five hundred dollars ($2, 500 . 00) .
"Serious injury" means substantial bodily injury; injury that
causes disfiguremcnt, impairment of health, or impairment of a
bodily part which is caused by the animal biting and which is
medically documented. "Seri-o nju y" shall not mean a nip from
an animal .
(2) If an animal -_ . _ _-
kills or causes serious injury to a person, the animal shall be
deemed a dangerous animal pursuant to section 5-27 . The
ownership of said the animal shall be temporarily forfeited, and
with the animal shall being humanely impounded_ and held pending
disposition of the legal proccdures inatitut City for
such violation. The owner shall be responsible for the costs of
26
caring for said the animal during the period of impoundment
including, but not limited to, costs of boarding and veterinary
treatment if necessary. If the owner institutes an appeal
pursuant to section 5-27, and the animal is ultimately determined
not to be a dangerous animal, the owner shall not be charged the
costs of boarding the animal .
(3) Upon the impoundment of the animal pursuant to
this subsection, the owner shall be given forty-eight (48) hours
to show or apply for a license pursuant to section 5-27, or to
appeal the determination that the animal is a dangerous animal
pursuant to section 5-3 .
(3) (4) If the owner fails or refuses to appeal or to show
proof of or apply for a license within forty-eight (48) hours of
impoundment, or if the owner at any time waives in writing all
ownership interests in the animal, .44 - _ - ' : - , - -
owner' s request prior thereto, the owner' s right to possession,
title, custody or care of said animal may shall be permanently
forfeited and said the animal shall may be euthanized in a humane
manner.
(5) If the owner' s appeal pursuant to section 5-3 is
denied, the owner shall have forty-eight (48) hours after the
denial to apply for a license pursuant to section 5-27 . The
failure to apply within forty-eight (48) hours of the denial
constitutes waiver of ownership rights in the animal .
(4) (6) The owner of an animal who kills or causes serious
injury to a person who is found guilty of criminal trespass as
heretofore described shall not be subject to the violation
provisions set forth herein.
Sec. 5-29. Article to be more restrictive.
(a) Due to the overriding public health and safety concerns
related to the American Pit Bull Terrier or any other dangerous
animals, the provisions of this article are purposely intended to
be reasonable regulations, yet may be more restrictive than
regulations found in other sections of this chapter.
(b) If a conflict arises between the provisions of this
article and other sections of this chapter, the provisions of
this article shall prevail due to the public health and safety
concerns .
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SECTION VI . Chapter 5, Article 5, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-30. Spaying and neutering of adopted animalsL
microchip identification of adopted animals.
(a) Any dog or cat adopted from an local humane society or
animal care facility or animal shelter must be spayed or neutered
by a licensed veterinarian. If the dog or cat is an adult, such
operation shall be performed upon adoption or within ten (10)
days from the date of adoption if the facility does not have
licensed veterinarian services on site. Individuals must sign a
written agreement with the adopting facility guaranteeing that
such animal shall be neutered or spayed within the ten-day
period. If the dog or cat is too young to undergo the operation,
it shall be neutered by a licensed veterinarian by the age of six
(6) months if male, or spayed if female, by a licensed
veterinarian by the age of six (6) months . An exception is only
made if a licensed veterinarian certifies that said animal is
physically unable to undergo such an operation within the time
limitations .
(b) All impounded dogs or cats which will become adopted
shall be permanently identified at the time of adoption with a
microchip, at the expense of the new owner.
(c) The Department of Code Enforcement shall be responsible
for maintaining records of adopted animals and for enforcing the
provisions of this section.
Sec. 5-31 . Care of adopted animals.
Any animal adopted from an local humane society or animal
care facility or animal shelter shall be kept in conditions that
do not violate any section of this chapter or violate any
applicable county, state and federal laws governing treatment of
animals .
Sec. 5-32. Notice of pet license required.
(a) Any resident of the City who purchases or adopts a dog
or cat from the humane society, animal care facility or any not
for profit agency, or who purchases a dog or cat from a for
profit business or organization, must be given a copy of the form
entitled "Pet License Required. "
28
(b) The City Controller or his or her designee shall
provide "Pet License Required" forms to all such facilities on an
annual basis .
(c) Such forms shall be in triplicate form with the
original being sent to the City Controller or his or her designee
by the selling or adopting facility within ten (10) days of date
of purchase or adoption, the first copy being kept by the dog or
cat owner, and the second copy being kept by the selling or
adopting facility. The form shall include the name and address
of the owner, description of animal, proof of rabies vaccination,
information regarding sterilization and the name of address of
the seller or adopting agency.
SECTION VII . Chapter 5, Article 6, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-33. Impounding procedures.
(a) All animals found to be dangerous animals, at large,
stray, abandoned, or a nuisance may be seized and impounded taken
by an the police animal control officer, or humane officers and
(b) If any dangerous,, ferocious or vicious animal found at
large cannot be safely taken up and impounded, such animal may be
tranquillized, slain, or humanely euthanized by an animal control
officer to prevent undue suffering, by a police officer, animal
control officer or humane officer.
(c) Impounded dogs and cats without City tags
(licenses/registrations) must be kept for a reasonable period of
time but not less than two (2) days, excluding Sunday, and
holidays, before being, microchipped and adopted out, or
euthanized after their impoundment.
(d) Impounded dogs and cats with City tags
(licenses/registrations) shall be kept for not less than five (5)
days, excluding Sunday, to permit their owners to claim them.
After the expiration period of time has elapsed, these dogs and
cats may be placed for adoption or euthanized if their owners
have not claimed them and paid the required fees . All such dogs
and cats which are claimed by thcir owners, and all such dogs and
cats which arc . _ :_ -4, -
microchip identification tag with the expense of the same being
paid by the owner.
29
(e) All other impounded animals shall be under the
authority of the animal shelter. The animals shall be held at
least one (1) day, after which time the animal shelter shall have
the authority to take whatever action is necessary with regard to
adoption and microchipping, or euthanasia for such animals .
(f) An owner reclaiming an impounded animal shall pay to
the City or its designee the appropriate redemption fee, total
daily boarding fee, and any expenses incurred for routine
vaccinations of the animal, veterinary services, microchip
identification fees, all applicable permit and licensing fees,
and any other charge reasonably necessary and incurred for the
benefit of the animal .
(g) No unlicensed dog or cat shall be released from an
animal shelter without a license being issued in accordance with
this chapter, including the prepayment of the appropriate
licensing fee and, in the case of American Pit Bull Terrier or
any other dangerous animals, the license application requirements
of section 5-27 (b) . However, because proof of current, effective
rabies vaccination is required before the license may be issued,
if the shelter does not have licensed veterinarian services on
site to administer the required rabies vaccination, the dog or
cat may be released upon presentation by the dog or cat owner of
a receipt showing prepayment of a veterinarian' s charges for such
vaccination, and must be vaccinated for rabies by a licensed
veterinarian within forty-eight (48) hours, excluding Sundays and
holidays, after such release, and the owner shall supply proof of
the same to said shelter within seventy-two (72) hours after the
release, at which time the license tag shall be issued. Failure
of the animal owner to obtain such vaccination after such release
shall constitute a breach of the release agreement and entitle
the City or its designee to regain possession of the animal .
(h) An owner redeeming an impounded licensed animal, or an
animal not required to be licensed under this chapter, shall pay
no redemption fee to the city or its designee on the first
occasion of any animal belonging to that owner being impounded,
before such animal is released to the owner by the animal control
agency. An owner redeeming a licensed impounded animal, or
animal which is not required to be licensed under this chapter,
shall pay to the City or its designee a redemption fee of ten
dollars ($10 . 00) on the second occasion that an animal belonging
to that individual is impounded, before such animal is released
to him by the animal shelter. An owner redeeming an impounded
animal which is required by this chapter to be licensed but which
was not licensed at the time of the impoundment shall pay to the
City or its designee a redemption fee of twenty dollars ($20 . 00)
before such animal is released by the animal shelter. The
30
redemption fee for any impounded animal shall increase by an
additional twenty-five dollars ($25 . 00) per impoundment for each
subsequent time within a three-month period that the same or any
other animal belonging to the same owner may be impounded.
(i) Upon the election of the City to enter into such an
arrangement, and upon the execution of an agreement setting forth
the terms of such an arrangement, any animal shelter designated
by the City to perform animal control services for the City is
empowered to collect all licensing and redemption fees for the
City and Controller at the end of each month.
(j) Nothing contained herein shall limit the animal
shelter' s authority to take whatever action is reasonably
necessary to deal with provide veterinary care by a licensed
veterinarian for a sick or injured animal .
(k) All unlicensed impounded dogs and cats found running at
large, and all dogs and cats claimed by their lawful owners
pursuant to section 5-18 shall be required to pay, in addition to
other fees incurred, the cost of having said animal permanently
identified with a microchip identification tag.
(k) _ _ - .. _- - _-- - ._ _ _
shall be permancntly identified with a microchip identification
tag; with the cost of the same being paid by the new owner.
( 0 (1) In the event that If an animal is determined by
the City' s authorized agent to be a dangerous animal as defined
by this Chapter article, the owner of said the animal shall have
a maximum of forty-eight (48) hours from the date of said time
the determination beg is made to comply with the licensing
provisions set forth in section 5-27, unless the owner exercises
his or her right of appeal of said determination within said
period of time. If said owner fails to comply, the City shall
assist the authorized agent to impound said animal upon a proper
warrant being issued.
(ft)m) The City or the City' s duly authorized agency may
impound an animal of any owner or agent who willfully fails to
apply for a license or fails to comply with
regulations described within the requirements of this Chapter,
within seven (7) days of receiving notice of the same.
Sec. 5-34. Reserved.
31
SECTION VIII . Chapter 5, Article 7, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-35. Dog and cat registration and
identification tale
(a) Any person owning, keeping, harboring or having custody
of any dog or cat over the age of six (6) months must obtain a
pet registration for such animal; provided, however, that no pet
registration shall be required of any animal welfare
organization, municipal animal control facility or governmental
agency, or gtride service dog. Animals belonging to those
agencies or persons will be issued complimentary registration
tags .
(b) A durable tag stamped with the registration number and
year of issuance will be provided to pet registration holders for
each registration granted. Dog and cats must wear their tags at
all times on their collars, except when involved in any organized
show, obedience demonstration, training situation or under the
care of a licensed veterinarian or if the said animal has been
permanently, identified with a microchip identification tag. The
costs of all microchip identification tags shall be paid by the
owner of said animal to be permanently identified.
Sec. 5-36. Pet shop permit.
(a) Any person operating a pet shop as defined in this
chapter shall obtain a pet shop permit .
(b) The petishop permit holder shall furnish the purchaser
a written statement at the time of sale of an animal containing
the following:
(1) Date of sale.
(2) Name, address and telephone number of purchaser
and pet shop permit holder.
(3) Permit number of pet shop permit holder.
(4) Breed, description, approximate age and sex of the
dog, cat or other animal sold. (Small mammals, parrot type
birds, and fish not included. )
(5) Internal parasite medication (s) and date (s)
administered.
(6) A guarantee of good health for a period of not
less than one (1) week with recommendation to have the
animal examined by a licensed veterinarian.
32
The pet shop permit holder shall retain a copy of the
written statement for a period of twelve (12) months from the
date of sale.
The pet shop permit holder shall also provide the
purchaser with a "Pet Registration Required" form, as required by
Section 5-32, if the purchaser resides in the City.
(c) All pet shops defined herein shall take care to house
animals in a sanitary manner,- #Appropriate medical veterinary
services by a licensed veterinarian, care, and housing shall be
given according to individual species! needs .
Sec. 5-37. Circuses and carnivals.
Any person who is responsible for a circus or carnival as
defined by this chapter must comply with the licensing provision
of section 4-22 of this Code.
Sec. 5-38. Zoological parks.
Zoological parks may be issued complimentary zoological
permits at no fee.
Sec. 5-39. Animal control shelter; animal welfare
organizations
No pet shop permit shall be required of an humane society
animal control shelter or animal welfare organizations;_
Hhowever, all other animal care provisions of this chapter shall
apply to an animal control shelter or animal welfare
organization, and such facilities shall be subject to inspections
by the Department of Code Enforcement or any other authority
responsible for enforcing the provisions of this Chapter.
Secs. 5-40 - 5-44. Reserved.
SECTION IX. Chapter 5, Article 8, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
33
Sec. 5-45. Application; term.
(a) Application for all licenses or permits required by
this Chapter may be made with the City Controller or his
designee, or by mail, and shall include name, address of
applicant, type of permit applied for, number and description of
animal (s) , proof of rabies vaccination, information regarding
sterilization, and appropriate fee.
(1) All applicants must be in compliance with zoning and
all other applicable state or local laws, and shall not have been
convicted of any of the cruelty to animal offenses set forth in
I .C. Section 35-46-3-2, within the past twelve (12) months .
(2) Those permits that require prior inspection will not be
issued until proof of such inspection is made available to the
City Controller or his designee by the inspecting agency.
(b) Licenses and permits required by this Chapter are to be
issued for a term of one (1) year effective from the first day of
February through midnight of the last day of the following
January, inclusive, and may be purchased during the months of
February and March or within 30 days of acquiring the animal,
whichever is later. After March 31, all applicants will be
required to pay an additional five dollars ($5 .00) as a late fee
for each license or permit required; provided, however, that
circuses, carnivals, performing animal acts, or exhibitions shall
be exempt from the penalty late fee.
(c) Upon issuance approval, the City Controller or his
designee shall issue a license or permit in written form which
includes number of license or permit, type of license or permit,
and all pertinent information. In addition, the City Controller
or his designee shall issue a durable tag stamped with license
number and year of issuance for each pertinent license.
(d) The City Controller or his designee shall maintain
records of the identifying license/permit number all licenses and
permits issued pursuant to this Chapter.
(e) All license or permit fees shall be paid at time of
application, and prior to the issuance of the permit s€ or
license.
Sec. 5-46. Inspection.
(a) Whenever it is necessary to make an inspection to
enforce any of the provisions of or perform any duty imposed by
this chapter or when there is reasonable caused to believe that
34
there exists in any building or upon any premises any violation
of the provisions of this chapter or Indiana State Law, the Code
Enforcement Officer, Health Officer, or Police Officer or IIumanc
Animal Control Officer is authorized at all reasonable times to
inspect the same for compliance with the provisions of this
chapter or any State law; provided that :
(1) If the property is occupied, the officer shall first
present proper credentials to the occupant and request entry
explaining the reasons therefor; and
(2) If the property is unoccupied, the officer shall make a
reasonable effort to locate the owner or other persons having
control of the property and request entry explaining the reasons
therefor.
(b) In the event a Code Enforcement Officer, Health
Officer, or Police Officer, Animal Control Officer has
reasonable cause to believe that the keeping or maintaining of an
animal is so hazardous, unsafe or dangerous or constitutes a
public nuisance as to require immediate inspection to safeguard
the animal or the public health or safety, the officer shall
first present proper credentials and request entry explaining the
reasons therefor. If entry is refused or cannot be obtained
because the owner or other person having charge or control of the
property cannot be found after reasonable search, the Officer
shall have recourse to secure lawful entry and inspection of the
property.
Sec. 5-47 . Fees.
(a) In addition to all other fees required by law to be
paid, dog and cat owners shall pay the following annual fees
shall be paid whereby and receive a tag will be issued verifying
that their cat or dog has been property vaccinated pursuant to
Section 5 19 this Chapter:
Each altered dog or cat $ 5 .00
Each unaltered dog or cat 10 . 00
Except that upon presentation of a statement
from a veterinarian saying that alteration
shall constitute a threat to the health of
that animal
35
Replacement tag 5. 00
Each dog or cat provided with a microchip
identification tag 20 . 00
For each dog or cat which has microchip
identification tag, the costs shall be as
follows :
Each altered dog or cat 4 . 00
Each unaltered dog or cat 7 . 00
Except that upon presentation of
a statement from a veterinarian
saying that alteration shall
constitute a threat to the health
of that animal 5 . 00
Replacement tag 5 . 00
Pet owners who are fifty-five (55) years or older and disabled
persons utilizing a dog or cat shall pay the amount of the annual
fees listed for each cat or dog which has been microchipped.
Fees paid to have a dog or cat provided with a microchip
identification tag shall be divided as follows : $15 . 00 to thc
duly authorized third party of thc City providing such service,
and $5 . 00 to the City.
(1) Application for a pet registration must be made within
thirty (30) days of acquiring a dog over the age of six (6)
months, or within thirty (30) days of the date in which a puppy
or kitten attains the age of six (6) months .
(2) This requirement will not apply to nonresidents keeping
an animal within the City for not more than thirty (30) days .
(3) Failure to comply with the provisions of this Section
shall subject the owner of said dog and/or cat to being issued an
ordinance violation citation subjecting the owner to a fine as
set forth in Section 5-49 (d) .
(b) Pet shop permit :
Fee $100 . 00
(1) Permit will be used after inspection approved by
Code Enforcement Department or its authorized agent and/or
Board of Health and verification of same submitted to
Controller' s Office.
(c) Circus and carnival permits :
Fee As set forth in
Section 4-22 .
36
Sec. 5-48. Permit denials.
Any person who is denied denial or revocation of a permit e
whose permit is revoked shall be governed by the provisions set
forth in section 4-16 .
SECTION X. Chapter 5, Article 9, of the South Bend
Municipal Code shall be, and hereby is, amended to read as
follows :
Sec. 5-49. Penalties for violations.
(a) Warning notices for pet registration and permits.
(1) Persons who fail to have their dogs and/or cats
vaccinated and registered pursuant to section 5-19, or whose
animal violates section 5 1 (aa) , or who fail to comply with the
registration and permit requirements of Section s 5-35 and 5-36,
article of this chapter, or who violate any other provision of
this chapter may be served with a warning notice requesting
immediate compliance. Only one (1) warning notice (verbal with
documentation or written) may be given per year to an individual
owner of su-eh an animal (s) who has failed to have their a dog
and/or cat vaccinated or properly registered_ with ftAll other
violations of this Chapter are action (s) being subject to the
stated citations and fines fine stated herein.
(2) Said warning notice shall state that the person is in
violation of the City Code. The warning notice shall contain the
date, time, name and address of the violator, the code section
violated, nature of the violation, date, time and location of the
violation, the name of the officer issuing the warning notice and
the telephone number of the officer to contact for information.
(3) A list of all warning notices issued shall be complied
compiled by the end of the last Friday of each month by the City
or its agent listing in summary fashion the information set forth
in the above paragraph. Copics of this list shall be dated and
Public Safety and the -Chairperson of the Residential
Neighborhoods Committees of the Common Council, Department of
Code Enforcement and to the City Clerk' s office.
(b) Citations, and/or hearings before the Code Enforcement
Hearing Officer; fines payable through the Ordinance Violations
Bureau.
37
(1) Any person served with a warning notice for failure to
have their a dog and/or cat vaccinated or registered and/or who
violate-s any other provision of this Chapter, and who fails to
comply within ten (10) days, and any person who violates any
other provision of this Chapter, shall be immediately issued a
citation_ which shall be subject to the citation procedures
and/or a hearing bcee the Code Enforcement Officer. Citations
shall contain the date, time, name,- and address of the violator,
the Code section violated, the date, time and nature of the
violation, location of the violation, and the name of the person
issuing the citation. - -
thc- eon as to thc description of the citation. A summary listing
of such citations issucd to individuals pr d warning
notices shall be complied by the cnd of thc last Friday of each
month by the City or its agent, with copies of thc same being
with such information bcing provided to the Animal Control
Commission immediatcly prig to thcir quarterly meetings for
review and comment .
(2) In addition to having a citation issued, the City may
require the a person who has violated a provision of this Chapter
- _- _ - - - ' - = ' - - to appear before the
Code Enforcement Hearing Officer with proper notice of the same
being issued to the violator;, unless an appeal hearing before
the Animal Control Commission is scheduled as further addressed
in section 5-3 of this chapter.
(c) Fines .
(1) Any person who violates any of the following sections :
§ 5-9 Sale of baby rabbits, chicks, or fowl
prohibited; exceptions .
§ 5-11 Animals in motor vehicles .
§ 5-13 Trapping of animals restricted.
§ 5-14 Maximum number of dogs or cats per household.
§ 5 1G Animals in heat.
§ 5-17 Owners or agents responsible for removing
animal wastes. ; or
§5-26 Interference with Humane Animal Control
Officer prohibited-; or
§5-28 (e) Specific regulation - change of ownership.
shall be subject to a citation fine of fifteen twenty-five
dollars ($15. 00) ($25 . 00) per violation, which shall be
payable through the Ordinance Violations Bureau, and may be
also subject to a hearing before the Code Enforcement
Hearing Officer.
38
(c) (2) Any person who violates any of the following
sections :
§5 12, "Poisoning of animals, "
§ 5-20 Performing animal exhibitions,
§5-28 (c) Specific regulation - breeding.
shall be subject to a citation fine of fifty seventy-five
dollars ($50-.00) ($75 . 00) per violation, which shall be paid
through the Ordinance Violations Bureau.
(3) Any person who violates section 5-27, Licensing, shall
be subject to a fine of one hundred dollars ($100 . 00) .
ALLEL (c) (4) Any person, firm or corporation violating
provision section 5-23, keeping certain animals prohibited, shall
be fined not less than two hundred dollars ($200 . 00) for the
first offense and not more than five hundred dollars ($500 . 00)
for each subsequent offense; and a separate offense shall be
deemed committed on each day during which or on which a violation
occurs or continues .
(c) (5) Any person who violates any of the following
sections :
§ 5-8 General animal care regulations;
§ 5-12 Poisoning of animals;
§ 5-19 Annual vaccination of dogs and cats required;
or
§5-28 (f) Specific regulations - fighting,
shall be fined not more than two thousand, five hundred dollars
($2, 500 . 00) .
(c) (6) Any person who violates any of the following
sections :
§ 5-28 (a) Specific regulations - Defacing tatoos;
§ 5-28 (b) Specific regulations - Notification;
§ 5-28 (c) Specific regulations - Breeding; -
§ 5-28 (g) Specific regulations - public property;
§ 5-28 (h) Specific regulations - notification by
owner/agent,
shall be fined not less than fifty dollars ($50 . 00) .
39
(d) (c) (7) For all Any person who violates any other
violations provision of this chapter and its provisions including
but not limited to section 5 8, General animal care regulations,
section 5 15, Acreage requirements for certain domestic animals,
and section 5 13, Annual vaccination of dogs and cats reed,
and section 5 47, Fees, unless otherwise specified, citations
shall be issued with fines of twenty-five dollars ($25 . 00) for
the first offense, and fifty dollars ($50 . 00) for each offense
thereafter.
(d) Warning notices and citations lists.
The Department of Code Enforcement shall compile a summary
list of all warning notices and citations issued pursuant to this
Section by the last Friday of each month, and shall send the list
to the Department of Law, the Chairperson of the Health and
Public Safety and the Chairperson of the Residential
Neighborhoods Committees of the Common Council, to the City
Clerk' s office, and to the Animal Control Commission.
(f) Violators, upon conviction, may be givcn thc
opportunity to work in a community service program such as a
humane society and/or participate in a humane education program,
if so recommended by the Court .
(g) In addition to the citation procedure, a fine up to two
thousand five hundred dollars ($2, 500 . 00) may be imposed for
individuals violating the sections 5 8, 5 12, and 5 19 . Any
person who violates any provision of this article three (3) or
more times per calendar year shall be fincd up to two thousand
five hundred dollars ($2,540 . 00) for all such violations upon a
court of competcnt jurisdiction finding said owner to be in
violation thereof.
SECTION XI . 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 as required by law.
Member of the Common Co ncil
40
lst READING I-217„ , - Filed in Clerk's Office
PUBLIC HEARING q_j.5: r
3rd READING d'.. `_.. /5, APR 1 6 1996
NOT APPROVED
REFERRED LORETTA J. DUDA
PASSES g r'� s m ev CITY CLERK,80.BEND,Mt
COMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
2-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE TO
REVISE REQUIREMENTS AS TO IDENTIFICATION OF ANIMALS, TO
REVISE PROVISIONS FOR ANIMAL CONTROL AND PENALTIES FOR
VIOLATIONS
Respectfully report that they have examined the matter and that in their opinion
This bill has been recommended to the Council favorable, as amended by substitution..
Cleo Washington, Chairman
3 ld!°
�t.
10 T /It ea i.`
pU TI
• 8
_E ._ \ /-:1 City of South Bend
� PEACE i
=l T��AY/i� ta 1 Joseph E.Kernan,Mayor
n_As ,a°
Department of Law
Richard A. Nussbaum, II Jenny Pitts Manier
City Attorney Chief Assistant City Attorney
March 25, 1996
Ms . Loretta Duda
City Clerk
4th Floor, County—City Bldg.
South Bend, IN 46601
Re: Substitute Bill; Summary of Changes from Draft
Submitted on March 21, 1996
Dear Ms . Duda:
I am filing herewith a Substitute Bill to amend Chapter 5 of
the South Bend Municipal Code for consideration by the Common
Council . It makes the changes submitted by Kathy Cekanski-
Farrand in her letter of March 25, 1996, except for the change
relating to section 5-1, and the following changes :
1 . On page 19, Section 5-23 (c) , language has been proposed
to specify the purpose for which individuals with state
or federal permits may harbor animals, pursuant to the
suggestions of Dr. Ecker and Mr. Luecke.
2 . On page 23, Section 5-27 (b) , the phrase "license or
permit" appearing four times in the first and second
paragraphs is changed to read "dangerous dog license. "
3 . Pages 32 and 33, Section 5-36 (b) , adds the phrase "pet
shop" before the term "permit. "
4 . Page 33, Section 5-38, adds the term "zoological"
before the word "permits . "
1400 County-City Building•South Bend,Indiana 46601 •219/235-9241 •TDD 219/235-5567
Thomas L. Bodnar Anne E. Bruneel Aladean M. DeRose
Jeffrey M.Jankowski Robert C. Rosenfeld Ann-Carol Simons
✓ W Ms . Loretta Duda
March 21, 1996
Page 2
I hope this information is helpful to you. Please feel free
to contact me should you have any questions or concerns .
Z;617721itlit'
Ann-Carol Simons
Assistant City Attorney
ACS/pjh
c:\2\3-2lduda.ani