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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Secs. 5-3 - 5-7. Reserved. ARTICLE 2.-ANIMAL CARE REGULATIONS Sec. 5-8. Minimum care requirements Every owner or handler of an animal kept in the city shall: (1) See that such animal is kept in a clean, sanitary and healthy manner and not confine it so as to be forced to stand, sit or lie in its own excrement or urine; and shall, regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact clean; (2) Provide such animal with food that is appropriate for the species, with consideration for its age and condition, in adequate amounts to maintain good health; fresh potable, unfrozen drinking water at all times; and adequate housing and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely; (3) Protect such animal against abuse, cruelty, neglect, torment, overload, or any other mistreatment; (4) Provide the animal with the reasonably necessary medical care according to commonly accepted veterinary standards. In addition to the required rabies vaccination, such care may include recommended vaccinations by accepted veterinary standards. If the animal is diseased, injured,or exhibiting symptoms of disease, assure that the animal receives proper care and is segregated from other animals so as to prevent transmittal of the disease; (5) Maintain the animal in compliance with all applicable federal, state, and local laws and all regulations respecting animal welfare enforcement as are adopted by the City; and (6) Provide that such animal when confined outside: (i) Has access to a shelter constructed of weather resistant material, consisting of a structure with solid walls on all sides,a dry floor raised above the ground,just large enough for the animal to stand up and turn around, and a solid roof sloped away from the entrance to protect the animal from weather and extreme cold. (ii) During any day when the temperature is at or below 40°F,the shelter entrance must be covered by a flexible wind-proofing material or self-closing door,and the shelter must contain clean, dry bedding,which must consist of an insulating material that does not retain moisture,such as straw,of sufficient depth for the animal to burrow. (iii)On any day when the temperature is at or above 70°F, the shelter must be shaded by trees, a tarp, or a tarp-like device. (iv)When the temperature is at or below 32°F, or at or above 85°F, or when a heat advisory, wind chill warning/advisory, or tornado watch/warning has been issued by local,state, or national authority: 1. The animal must be brought into a temperature-controlled structure that maintains adequate temperature for the animal. 2. The animal may not be outside for more than 20 minutes within the period of an hour and must remain in visual range of a competent adult. 5