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 31 impounded for the costs and expenses of keeping the animal, if the animal is later declared potentially dangerous or vicious. 30 (c)A potentially dangerous animal, while on the owner /guardian's property, shall, at all times, be kept indoors, or in a secured enclosure that is enclosed on all five (5) sides and is anchored to the ground from which the animal cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner /guardian's premises only if it is muzzled and restrained by a substantial leash, of no more than six feet (6') in length, and if it is under the control of a responsible adult. Sub - paragraphs (1) through (8) of paragraph (d) set forth below shall be required conditions except for the length of leash. (d)An animal that has been declared vicious may not be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition, except to a secured enclosure. When outside, all vicious animals must be confined in a secure enclosure, that is enclosed on all five (5) sides and is anchored to the ground from which the animal cannot escape, except when necessary to obtain veterinary care, or in cases of emergency where the situation would endanger and/or threaten the health and welfare of the animal. (1) All such enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition. (2) The enclosure shall have secure sides and a secure top and bottom to prevent the animal from escaping over, under, or through the structure, and shall be anchored to the ground to prevent escape. (3) The enclosure shall be kept locked at all times to prevent unintentional opening. (4) The enclosure shall include suitable shelter and protection from the elements, and shall provide adequate exercise room, light, ventilation, and sanitation. (5) The enclosure shall be inspected and approved by the City of South Bend Division of Animal Care and Control prior to its usage for confinement. (6) Whenever necessity requires a vicious animal to be outside of the enclosure, the animal shall be securely muzzled and restrained by a leash not exceeding three feet(3') in length, with handgrip, and shall be under the direct control and supervision of the owner /guardian of the animal. (7) That the owner /guardian shall maintain a liability insurance policy of no less than $300,000 for the animal. "Indiana Code § 15- 20 -1 -7 authorizes the impoundment of animals where there is probable cause.