39-26 Repealing Chapter 5 of the South Bend Municipal Code Entitled Responsible Animal and Pet Ownership Care and Control Regulations, and Replacing it With a New Chapter 5 Entitled Animal Care Regulations and Welfare Enforcement

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SECTION I. Chapter 5, Articles 1 through 9, Sections 5-1 through 5-125 are each and all hereby repealed. SECTION II. A new Chapter 5, Articles 1 through 11, Sections 5-1 through 5-157 are hereby approved and adopted to read in the entirety as follows: CHAPTER 5. ANIMAL CARE REGULATIONS AND WELFARE ENFORCEMENT ARTICLE 1.-GENERAL PROVISIONS Sec. 5-1. Legislative findings and intent of regulations. (a) The following regulations are enacted in the interest of setting forth comprehensive public safety regulations which,when effectively implemented, administered and enforced, promote responsible animal and pet ownership. The regulations are aimed at ensuring due process protections for owners by promoting responsible animal and pet ownership,which is essential to the protection of animals residing in the City limits. (b) The following regulations set forth the best practices for the humane and ethical treatment of animals by requiring animal and pet owners to comply with reasonable regulations in order to be responsible owners. (c) The provisions of this Chapter supplement all state laws covering the same subject matter. (d) The provisions of this Chapter shall take effect thirty days following adoption. Sec. 5-2. Definitions. For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning: (a)Abandon(ed), as to an animal, means to desert or to leave an animal, without making provisions for minimum care of the animal. (b)Abandon(ed), as to a property, means that a reasonable and prudent person in the SBARC employee's position would believe a property to be vacant and/or deserted. (c)Altered animal means an animal that has been operated on to prevent it from procreating. (d)Animal means any living vertebrate, domestic or wild, except a human being. (e)Animal bite classification means the numeric designation indicating the levels of severity with one(1)the least severe and five(5)the most severe,pursuant to Section IV of the Animal Bite Classification System within the Official Indiana Bites Report form from Indiana State Department of Health, as amended. These classifications are currently set forth as follows: Level 1 = minor scratch(s); Level 2 = minor, punctures 4 or less; Level 3 = moderate, punctures; Level 4 = severe, punctures (4 or more) deep may include crushing or tears from shaking; and Level 5 =death. (f)Animal event or exhibit means display, activity or show of wild or domestic animals in a shopping center,retail establishment, adjacent lot,or elsewhere. (g)Animal rescue organization means a group or person maintaining a non-profit or business entity established pursuant to state law with the primary purpose of promoting animal adoption. (h)Animal Welfare Alert(AWA) means notice and communication given as a warning to animal owners concerning witnessed or reported animal ordinance violations. 2