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.............. • <br /> :_ City of South Bend ( ) <br /> 574 235-9321 <br /> /, \ Fax(574) 235-9173 <br /> U ~t' Common Council TDD(574)235-5567 <br /> �.. PEACE http://www.southbendin.gov <br /> % `�► 441 County-City Building • 227 \\ . Irttcrson Blvd <br /> South Bend In an -466111:-< <br /> ' �� . . Clerk's Office <br /> I8 /'' <br /> APR 0 7 2020 <br /> Tim Scott South Bend Common Council I Apri 7, 2020 <br /> President 4th Floor, County-City BuildingDAWN M.JONES <br /> Karen L.White <br /> South Bend, IN 46601 I CITY CLERK, SOUTH BEND, IN <br /> Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH <br /> Sharon L. McBride BEND, INDIANA,ADDING CHAPTER 5, ARTICLE 10, SECTION 5- <br /> Chairperson,Committee 125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND <br /> of the Whole MUNICIPAL CODE SECTIONS 5-38(a)(2), 5-96(b) AND 5-97.5 FOR <br /> THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER <br /> Tim Scott OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY <br /> First District RESULTING FROM CORONAVIRUS DISEASE 2019 <br /> Henry Davis,Jr. <br /> Second District Dear Council Members: <br /> Sharon L. McBride As you know, the entire country, including the City of South Bend, is <br /> Third District <br /> suffering from a pandemic of Coronavirus disease 2019 (COVID-19). In <br /> Troy Warner response, the Governor has issued several Executive Orders which <br /> Fourth District essentially limit actions of governmental bodies to "Essential Government <br /> Jake Teshka Functions" as defined in the Executive Orders. Similarly, Mayor Mueller, on <br /> Fifth District March 19, 2020 declared a local disaster emergency. <br /> Sheila Niezgodski The South Bend Municipal Code establishes certain deadlines for actions by <br /> Sixth District the Animal Welfare Commission. Section 5-38(a) requires a public hearing <br /> Karen L. White within ten(10) calendar days after a determination that probable cause exists <br /> At Large to believe an animal is potentially dangerous or vicious. Section 5-97(5) <br /> requires the Animal Welfare Commission to hear appeals within ten(10) <br /> Rachel Tomas Morgan working days (excluding holidays and weekends) of any appeal of a <br /> At Large determination that an animal is deemed a"potentially dangerous animal, <br /> Lori K. Hamann and/or a person or persons alleged to have"provoked" an animal resulting in <br /> At Large a violation of Chapter 5. Furthermore, Section 5-96(b) requires the Animal <br /> Welfare Commission to meet at least once each month. <br /> This proposed ordinance suspends Sections 5-38(a),5-96(b)and 5-97.5 during <br /> the duration of any Stay at Home or similar order by whatever name or the <br /> declaration of a local disaster emergency resulting from COVID-19. Although <br /> the Animal Welfare Commission is vitally important to the health and safety <br /> of the residents of South Bend,I do not believe that the actions identified above <br /> fall within the Executive Orders' definition of "Essential Government <br /> Functions". <br />