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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3`a Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 33 c. The application shall include detailed information about how the change in circumstances or measures taken by the owner /guardian, such as obedience and/or behavior modification training of the animal, have mitigated the risk to public safety. d. The Animal Control Commission has the authority to hear evidence, both pro and con, as to whether and why the designation should or should not be removed. e. There shall be no complaints of a valid nature at the address of the owner /guardian regarding this animal or any other animal. f. The Animal Control Commission may make a decision to remove or not to remove such designation. Due to the overriding public health and safety concerns of Potentially dangerous animals the provisions of this section are purposely intended to be reasonable yet more restrictive If a conflict arises, the provisions of this section shall prevail due to the public health and safety concerns Sec. 5 -39 Biting Animals; Report; Procedure. 31 (a) Owner or harborer of any animal which has bitten a person or another animal must report the incident to the St. Joseph County Health Department and the Division of Animal Care & Control and immediately make the animal available for quarantine. Upon receiving the report of a bite, Department of Animal Care & Control will quarantine the animal for ten (10) days with the place of confinement to be in the discretion of the Division of Animal Control. During the quarantine period, the animal is to be securely confined and kept from contact with any other animal or person. (b) During the quarantine period, the owner must provide a current rabies vaccination certificate for his or her cat or dog that is being quarantined. If proof of vaccination cannot be supplied, the animal will be vaccinated by a veterinarian at the owner's expense before after release, and the owner must provide the Animal Control Commission with name, address and phone number of the veterinarian performing the rabies vaccination, which will be verified before the animal can be released to the owner. 32 (1) If the animal is quarantined at the shelter, a microchip shall be implanted in it prior to its release from quarantine. The animal shall be registered for its life with the Division of Animal Care and Control. The cost of the implant shall be at the owner's expense before release. (2) If the animal is quarantined in a place other than the shelter, as determined by the Division of Animal Care and Control, a microchip shall be implanted in it within "Indiana Code § 15- 20 -1 -1 through Indiana Code § 15- 20 -1 -7 set forth the state laws addressing "Liability for Dog Bites ". 32 Indiana Code § 15- 17 -6 -1 through Indiana Code § 15- 17 -6 -14 sets forth the state law addressing rabies, quarantine, vaccination orders, the role of the County Health Officer and Sheriff, impounding areas, emergency orders and local ordinances