04-13-20 Agenda Packet - Laserfiche WebLink

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Filed in Clerk's Office BILL NO. 16-20 APR 0 7 2020 ORDINANCE NO. 10716-20 DAWN M. JJONES CITY CLERK, SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 5, ARTICLE 10, SECTION 5-125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND 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 OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 STATEMENT OF PURPOSE AND INTENT Governor Eric J. Holcomb, in response to the Coronavirus disease 2019 COVID-19"), issued Executive Order 20-08 on March 23, 2020. That Executive Order, with specified exceptions, ordered all individuals currently living in the State of Indiana to stay home or their place of residence. Similarly, the Mayor of South Bend, on March 19, 2020 declared a local disaster emergency. This 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. Section 5-38(a) requires a public hearing within ten (10) calendar days after a determination that probable cause exists to believe an animal is potentially dangerous or vicious. Section 5- 96(b) requires the Animal Welfare Commission to meet at least once each month. Section 5-97(5)requires the Animal Welfare Commission to hear appeals within ten (10) working days (excluding holidays and weekends) of any appeal of a determination that an animal is deemed a"potentially dangerous animal, and/or a person or persons alleged to have provoked" an animal resulting in a violation of Chapter 5. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 10, Section 5-125 is added to the South Bend Municipal Code to read as follows: 5-125 Suspension of Certain Municipal Code Requirements The requirements Sections 5-38(a)(2), 5-96(b) and 5-97.5 shall be suspended for the duration of any Stay at Home or similar order by whatever name issued by the Governor of Indiana or the declaration of a local disaster emergency by the Mayor of South Bend resulting from Coronavirus disease 2019. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval ofthe Mayor. Tim Scott, Council President South Bend Common Council