8467-94 Amending Various sections within Chapter 5 Animals & Fowls

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t T Animal Control Ordinance Page 2 (s) Dangerous animal means any animal which: 1. has, off of its owner's property. attacked another animal or livestocks; or 2. has attacked or which as attempted to attack, unprovoked, any human being, whether on or off the owner's property; 3. has bitten any human being with said injury requiring stitches and the loss of blood: or 4. has bitten or attacked a person, causing wound or injuries creating a potential danger to the health or life of the victim,or 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 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. This definition excludes K-9 patrol dogs or police dogs used by law enforcement agencies. (11) Provoked means to deliberately arouse,incite or excite. (jj) _angerous deg animal means any deg animal that when unprovoked: (1)inflicts bite(s)on a human or a domestic animal either on public or private property, or (2) has a history documented with a public agency of biting or attacking humans or domestic animals,or(3) any deg animal with a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten or endanger the safety of humans or domestic animals; or any American Pit Bull Terrier, but shall not include K-9 patrol dogs or police dogs or attack dogs. (kk) Public nuisance means any animal or animals which: (7) Trespasses on the private property of persons other than the owner of the-deg: animal. (rr) Unconfined potentially dangerous deg-animal means a potentially-dangerous deg animal which is not securely confined indoors, or 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 deg: animal. Section II. Chapter 5,Article 2, Section 5-3 of the South Bend Municipal Code is amended by the addition of the following paragraph (h) which shall read in its entirety as follows: Sec. 5-3 Establishment and Duties of the Animal Control Commission. (h) to hear appeals within five (5) working days (excluding holidays and weekends)of an appeal being filed on the determination of that: