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10716-20 Animal Welfare Suspension Ordinance
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10716-20 Animal Welfare Suspension Ordinance
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Last modified
5/5/2020 1:52:34 PM
Creation date
5/5/2020 1:52:33 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
4/13/2020
Ord-Res Number
10716-20
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Filed in Clerk's Office <br /> BILL NO. 16-20 APR 0 7 2020 <br /> ORDINANCE NO. 10716-20 DAWN M.JONES <br /> CITY CLERK,SOUTH BEND,IN <br /> AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, <br /> ADDING CHAPTER 5, ARTICLE 10, SECTION 5-125 TO THE SOUTH BEND <br /> MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 5-38(a)(2), 5- <br /> 96(b)AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR <br /> SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER <br /> EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 <br /> STATEMENT OF PURPOSE AND INTENT <br /> Governor Eric J. Holcomb, in response to the Coronavirus disease 2019 <br /> ("COVID-19"), issued Executive Order 20-08 on March 23, 2020. That Executive Order, <br /> with specified exceptions, ordered all individuals currently living in the State of Indiana <br /> to stay home or their place of residence. Similarly, the Mayor of South Bend, on March <br /> 19, 2020 declared a local disaster emergency. This Ordinance suspends Sections 5-38(a), <br /> 5-96(b) and 5-97.5 during the duration of any Stay at Home or similar order by whatever <br /> name or the declaration of a local disaster emergency resulting from COVID 19. Section <br /> 5-38(a)requires a public hearing within ten (10) calendar days after a determination that <br /> probable cause exists to believe an animal is potentially dangerous or vicious. Section 5- <br /> 96(b) requires the Animal Welfare Commission to meet at least once each month. Section <br /> 5-97(5) requires the Animal Welfare Commission to hear appeals within ten (10) working <br /> days (excluding holidays and weekends) of any appeal of a determination that an animal <br /> is deemed a"potentially dangerous animal, and/or a person or persons alleged to have <br /> "provoked" an animal resulting in a violation of Chapter 5. <br /> NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of <br /> South Bend, Indiana, as follows: <br /> Section I. Chapter 5, Article 10, Section 5-125 is added to the South Bend <br /> Municipal Code to read as follows: <br /> 5-125 Suspension of Certain Municipal Code Requirements <br /> The requirements Sections 5-38(a)(2), 5-96(b) and 5-97.5 shall be suspended for <br /> the duration of any Stay at Home or similar order by whatever name issued by the <br /> Governor of Indiana or the declaration of a local disaster emergency by the Mayor of <br /> South Bend resulting from Coronavirus disease 2019. <br /> Section II. This ordinance shall be in full force and - _ - from and after its <br /> passage by the Common Council and approval of the Ma or. <br /> Tim Scott, ouncil President <br /> South Bend Common Council <br />
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