04-13-20 Agenda Packet - Laserfiche WebLink

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City of South Bend 574 235-9321 Fax(574) 235-9173 U t' Common Council TDD(574)235-5567 PEACE http://www.southbendin.gov 441 County-City Building • 227 \\ . Irttcrson Blvd South Bend In an -466111:-<Clerk's OfficeI8 /'' APR 0 7 2020 Tim Scott South Bend Common Council I Apri 7, 2020 President 4th Floor, County-City BuildingDAWN M.JONES Karen L.White South Bend, IN 46601 I CITY CLERK, SOUTH BEND, IN Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH Sharon L. McBride BEND, INDIANA,ADDING CHAPTER 5, ARTICLE 10, SECTION 5- Chairperson,Committee 125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND of the Whole MUNICIPAL CODE SECTIONS 5-38(a)(2), 5-96(b) AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER Tim Scott OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY First District RESULTING FROM CORONAVIRUS DISEASE 2019 Henry Davis,Jr. Second District Dear Council Members: Sharon L. McBride As you know, the entire country, including the City of South Bend, isThirdDistrict suffering from a pandemic of Coronavirus disease 2019 (COVID-19). In Troy Warner response, the Governor has issued several Executive Orders which Fourth District essentially limit actions of governmental bodies to "Essential Government Jake Teshka Functions" as defined in the Executive Orders. Similarly, Mayor Mueller, on Fifth District March 19, 2020 declared a local disaster emergency. Sheila Niezgodski The South Bend Municipal Code establishes certain deadlines for actions by Sixth District the Animal Welfare Commission. Section 5-38(a) requires a public hearing Karen L. White within ten(10) calendar days after a determination that probable cause exists At Large to believe an animal is potentially dangerous or vicious. Section 5-97(5) requires the Animal Welfare Commission to hear appeals within ten(10) Rachel Tomas Morgan working days (excluding holidays and weekends) of any appeal of aAtLargedeterminationthatananimalisdeemeda"potentially dangerous animal, Lori K. Hamann and/or a person or persons alleged to have"provoked" an animal resulting in At Large a violation of Chapter 5. Furthermore, Section 5-96(b) requires the Animal Welfare Commission to meet at least once each month. This proposed ordinance suspends Sections 5-38(a),5-96(b) and 5-97.5 during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting from COVID-19. Although the Animal Welfare Commission is vitally important to the health and safety ofthe residents of South Bend, I do not believe that the actions identified above fall within the Executive Orders' definition of "Essential Government Functions". BILL NO. 16-20