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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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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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(z) Neglect means to fail to comply with the Animal Care Regulations set out in Article 2 of this <br /> Chapter in a manner that endangers the animal's life, safety, and/or health. <br /> (aa) Owner means one of the following: <br /> (1) A person who owns an animal, <br /> (2) A person who has ownership or custody rights for an animal on behalf of an owner,or <br /> (3) A person that permits any animal to remain and/or to be fed within any premises on which <br /> such person resides or controls for at least (3) consecutive days. <br /> (bb) Person means any individual, firm, corporation, limited liability company, partnership, <br /> organization, or commercial establishment. <br /> (cc) Provoked means that an animal's behavior occurred because the animal: <br /> (1) Was being teased, taunted, abused, assaulted or physically threatened; <br /> (2) Was acting in defense of itself, its offspring, its owner, another person, or another <br /> animal; <br /> (3) Was reacting to pain, injury,fear,or the protection of food, shelter, or young; <br /> (4) Was responding to a person committing or attempting to commit a criminal act, <br /> trespass, or other tort against the owner or the property where the animal was located; or <br /> (5) Was bit accidentally during ordinary play with another animal. <br /> To be considered provoked, the animal's behavior must occur contemporaneously with or <br /> immediately following the provoking conduct and be proportionate to the provoking conduct. <br /> (dd) SBARC (South Bend Animal Resource Center) means the Animal Resource Center and the <br /> Division of Animal Welfare. <br /> (ee) Stray means any animal that is not under restraint and upon reasonable inquiry by SBARC, <br /> does not appear to have an owner. <br /> (ff) Tether means attaching an animal to a stationary object or pulley run system so as to restrict <br /> the range of movement. Tether does not include the use of a leash to walk a domestic animal. <br /> (gg) Unaltered means an animal that has not been operated on to prevent it from procreating. <br /> (hh) Unprovoked means an animal's behavior that is not provoked and includes behavior that occurs <br /> during ordinary,non-threatening interactions such as walking past an animal, standing near an <br /> animal, initiating casual interaction, or performing routine care, where no provoking conduct <br /> is present. <br /> (ii) Wild animal means an animal whose species usually lives in the wild or is not domesticated. <br /> 4 <br />
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