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