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3rd Substitute Bill No. 17 -14 <br />Responsible Animal and Pet Ownership Care and Control Regulation Ordinance <br />Page 30 <br />(5) The Animal Control Commission may consider all relevant evidence, including <br />incident reports, affidavits of witnesses, photographs and/or video media, and <br />whether the incident reasonably indicates whether or not the animal in question is <br />potentially dangerous and /or vicious in ordinary circumstances where the average <br />person could not reasonably be expected to foresee and take measures to prevent <br />injury. <br />(6) If the owner /guardian of the animal fails to appear at the hearing, the <br />Animal Control Commission may find owner /guardian in default, and all <br />ownership rights of the animals shall be assumed waived. <br />(7) After the hearing, the owner /guardian of the animal shall be notified in writing of <br />the determination by certified mail or in person. <br />a. If a determination is made that the animal is potentially dangerous or vicious, <br />the owner /guardian shall comply with this section's requirements for restraint <br />in accordance within seven (7) days after the date of the determination. <br />b. An animal determined to be vicious may shall be destroyed euthanized by the <br />South Bend Division of Animal Care and Control when it is found by the <br />Animal Control Commission that the release of the animal would create a <br />significant threat to the public health, safety, and welfare. <br />c. If it is determined that an animal found to be vicious shall not be destroyed <br />euthanized, the Animal Control Commission may impose reasonable <br />conditions upon the ownership of the animal that protect the public health, <br />safety and welfare, which are consistent with the Chapter. <br />d. Decisions of the Animal Control Commission are subject to appeal to the <br />Circuit Court of St. Joseph County. The Owner /Guardian of the animal(s) <br />must do so within ten (10) calendar days, or they will waive their right to the <br />appeal, and all decisions will be considered final. The Owner /Guardian must <br />also notify the Animal Control Commission of their decision to appeal in <br />writing, which will then be forwarded to the Legel Law Department for the <br />City of South Bend. <br />(b) If, upon investigation, it is determined by the animal control officer or law <br />enforcement officer that probable cause exists to believe the animal in question poses an immediate <br />threat to public safety, then the animal control officer or law enforcement officer may seize and <br />impound the animal pending the hearing to be held pursuant to this section. The owner /guardian of the <br />animal shall be liable to the City of South Bend Division of Animal Care and Control where the dog is <br />