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1400 Coux~-Cm BuILDixc <br />SOUTH BEND, INDIANA 46601-1830 <br />PHONE 574/ 235-9241 <br />FAx 574/235-9892 <br />TDD 574/ 235-5567 <br />CITY OF SOUTH BEND STEPHEN J. LUECICE, MAYOR <br />DEPARTMENT OF LAW <br />CHARLES S. LEONE <br />CITYATTORNEY <br />June 9, 2003 <br />ALnDEnN M. DERosE <br />CHIEF ASSISTANT CrTYATTORNEY <br />Ms. Karen White <br />President, South Bend Common Council <br />4`'' Floor, County-City Building <br />South Bend, IN 46601 <br />Re: Substitute Ordinance #41=03 <br />Dear Ms. White: <br />Attached for Common Council consideration is substitute Ordinance No. 41-03. For ease <br />of review by the Council members, I include a version that shows the revisions to the original <br />ordinance by strike out and underlining, as well as a clean version of the substitute ordinance. <br />The basic changes to the original ordinance which were made with input from the City <br />Departments of Code Enforcement, Police, Animal Control and Parks are the following: <br />1. Change the definition of a large event on public property to one where 50,000 or <br />more people are expected to attend so as to limit the regulation to the Summer in <br />the City- festival or similarly sized events, and excluding parades where large <br />crowds of 50,000 persons or more may be gathered but where the presence of <br />dogs is manageable, and somewhat expectable. <br />2. Change the penalty provision to provide for one warning and thereafter if the <br />person warned fails to properly respond, a citation fora $125.00 fine maybe <br />issued. This citation is discretionary and gives the enforcing officer the ability to <br />assess situations differently based on unique facts and circumstances. The officer <br />may also issue a citation under Section 5-49 which specifies the penalties for, <br />among other things, keeping certain poisonous or wild, dangerous or endangered <br />animals, keeping an unlicensed pit bull, and failing to remove animal waste. <br />The fine of $125.00 is proposed because it is expected that most members of the public <br />will comply with the initial warning, and a significant fine over $100.00 is required to deter the <br />few owners of menacing animals who may resist or object to the regulatory process. <br />We hope you will give this substitute ordinance your approval. Ms. Catherine Brucker, <br />THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL HASH <br />JEFFREY M. JANKOWSKI JOHN R. LIVINGSTON ROBERT C. ROSENFELD JOHN E. BRODEN <br />