Amending Chapter 5 in its Entirety Replacing it With A New Chapter 5 Entitled Responsible Animal and Pet Ownership Care and Control Regulations

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