HomeMy WebLinkAbout2019_03_07 AWC Hearing Minutes (Hearing #1)South Bend Animal Care and Control Commission
Hearing Minutes
March 7, 2019
1810 Hours
County City Building
13" Floor
227 West Jefferson Blvd
South Bend, W 46601
Animal Control Commission Members Present:
Filed in Clerk's Office
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CITY Ct-ERK, SOUTH BEND, IN
Pam Wesolowski, Lynne Losecco, Dr. Mariah Covey
and Barb Leavell
City Staff Present: Jenn Gobel -SBACC Shelter Manager, Tom Panowicz-Attorney
for SBACC, Tracy Skibbins-Director of Code Enforcement,
Jamie Morgan -Mayor's Office, and Dani Campbell Weiss -
Commission Attorney
1. The hearing was called to order by Hearing Officer Ann Carol Nash at 1810 hours_
A. Hearing regarding Habitual Animal Offender residing at 1252 Corby Street, South Bend.
B. Respondents are J. Winston and V. Stewart.
C. Have received 20 violations in two (2) years.
D. Have received 8 AWA's from June 2017 to January 2019.
2
3
Service was made and accepted by Hearing Officer.
Tom Panowicz called Jen Gobel to give testimony regarding the Citations and AWA's.
A. File on this address was opened in June 2017.
B. Three (3) dogs were seen on the property at that time.
1. A male Pit Bull.
2. A male Siberian Husky.
3. A female Pit Bull.
C. First violation happened in June of 2017 due to continued compliance and ordinance issues.
D. October 2018 a case number was attached to this case.
E. August 2018 Pit Bull seized due to improper crate and heat.
F. September 2018 the Siberian Husky was seized due to improper tethering.
G. May 2018 first citation issued. .
H. Several different officers responded to the calls and they were documented.
1. Exhibits 1 thru 18 were entered into evidence.
1. January 2019 Animal Control went to this address to warn the Respondents to kennel their dogs
inside due to the Polar Vortex.
J. None of the Citations were appealed.
K. As of the date of this hearing all three dogs still reside at this address.
L. South Bend Animal Care and Control asking for the dogs to be confiscated and the Respondents
be issued a lifetime ban on ownership.
L. City rested their case at this time.
4. Respondents, J. Winston and V. Stewart, presented their case.
A. All three dogs were licensed and had received rabies shots.
B. Stated that the dogs are fed twice a day and are given water.
C. Stated they did not know about the tethering ordinance, dogs kept getting out due to fence issues.
D. Submitted pictures of the three (3) dogs now being crated in the basement.
E. As of this date, respondents have all three (3) dogs are now brought inside.
F. The three dogs have resided within the home.
1. Siberian Husky has resided at this address for three (3) to five (5) years.
2. Pit Bull has resided at this address also for about three (3) years.
3. Pit Bull has resided at this address since the Summer of 2018.
G. Respondents showed pictures via cell phone of the dogs kenneled in the basement. They were
also emailed to the Commission's attorney.
5. Matter was taken under advisement by Animal Control Commission. A copy of the decision and
findings will be sent to all parties at a later date.
Hearing Adjourned at 2130hours