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Substitute Bill No. 17 -14 <br />Responsible Animal and Pet Ownership Care and Control Regulation Ordinance <br />Page 29 <br />(d) With the exception of the SBACC, the finder will be considered the found animal's <br />owner for the purposes of this Chapter only after the animal is in the finder's custody for fifteen (15) <br />continuous days and has been presented for microchip scanning. <br />Sec. 5 -38 Potentially Dangerous Animals. <br />(a) If an animal control officer or a law enforcement officer has investigated and <br />determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, <br />the Shelter Manager of South Bend Animal Care and Control (SBACC) shall request a hearing by the <br />Animal Control Commission for the purpose of determining whether or not the animal in question <br />should be declared potentially dangerous or daxgerexs vicious. <br />(1) Whenever possible, any complaint received from a member of the public <br />which serves as the evidentiary basis for finding probable cause shall be <br />sworn to and verified by the complainant and shall be provided to the <br />Animal Control Commission. <br />(2) The hearing will be held within ten (10) calendar days at a special meeting <br />of the Animal Control Commission and shall be open to the public.29 <br />(3) The owner /guardian of the animal shall be served with notice of the <br />hearing by certified mail or in person. Such notice shall include a <br />summary of the complaint against the owner /guardian of the animal(s) <br />involved. <br />(4) The Shelter Manager of South Bend Animal Care and Control (SBACC) <br />shall notify the owner /guardian of the animal of the date and time of such <br />hearing, at which time he or she may present evidence as to why the <br />animal should not be declared potentially dangerous or vicious. <br />(5) <br />a. Such evidence may include eyewitness testimony of the incident; <br />or <br />b. Evidence that the action of the animal and the damage sustained by <br />the person or other animal could have reasonably been expected to <br />occur given the circumstances of the event. Such circumstances <br />may include, but are not limited to: willful trespass upon the <br />owner /guardian's property; teasing, tormenting, abusing or <br />assaulting the animal; and /or attempted abuse or assault upon the <br />owner /guardian. <br />2 Indiana Code § 5- 14 -1.5 -5 of the Indiana Open Door Law requires forty -eight (48) hour notice before a meeting. <br />