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HomeMy WebLinkAbout21-19 Ordinance Amending Chapter 5 Various Articles: Responsible Animal and Pet Ownership Care and Control Regulations FS��8•, f 1300 COUNTY-CITY BUILDING U") t�C`, PHONE 574!r 235-9486 227 W JEFFERSON BOUI�VARD I `,a: FAX 574/235-7703 SOUTH BEND,INDIANA 46601-1830 t. ' 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF CODE ENFORCEMENT TRACY SHIBINS DIRECTOR Filed in Clerk's Office Tim Scott, Council President, JUL 0 2 2019 South Bend Common Council - County-City Building KAREEMlAH FOWLER 227 W. Jefferson Blvd CITY CLERK,SOUTH BEND, IN South Bend, IN 46601 RE: Ordinance to Amend Chapter 5,Various Articles: Responsible Animal and Pet Ownership Care and Control Regulations Dear Council President Scott: Since 2016, the Animal Care and Control Division of the Department of Code Enforcement has continued to excel in services that save and enhance the lives of animals in our community. Animal adoption has soared from 261 placements in 2016 to 652 in 2018. Pet licensing has grown to 1,671 licenses issued in 2018,an increase of almost 1,000 more than were sold in 2016. The staff have embraced a culture of community care that has driven up to these indicators of success. We are ready to rename and rebrand to signal our continued positive direction. To best reflect the mission and vision of animal services on behalf of the City of South Bend,the Department has enclosed a proposed ordinance which updates Chapter 5, Responsible Animal and Pet Ownership Care and Control Regulations. Amendments to the Animal Care regulations are appropriate to reflect this change in mission,vision,and name: • The mission of the South Bend Animal Resource Center("SBARC")is to prevent animal cruelty and abandonment by promoting responsible,caring and compassionate attitudes towards animals. • SBARC's vision is to serve the South Bend community with programs and services that improve the welfare of animals. With the motto"Open Door--Open Heart", SBARC offers resources for animal care, supplies,education, leisure,and training. Additional amendments to the ordinance incorporate best practices for customer service,budgeting,and animal welfare personnel management. The proposed changes to Article 4 improve the service delivery of licensing to further grow the number of licensed pets and increase the reunification of lost pets with owners. Updates to Article 8, Sec. 5-110 will allow the Department to better prepare an annual budget that is responsive to City spending, community needs, and innovations in animal welfare. The changes allow for a regular and routine review of fees through the various touchpoints of the budget process including Division,Department, Mayoral, Financial, and Council accountability, as well as review by the public Commission. Finally, revising the job description for the SBARC Manager will provide a more comprehensive understanding of the role and the Manager's accountability in developing operational policy. I will present this Ordinance to the Council at its Committee meeting and regular evening meeting. I may be accompanied by Assistant City Attorney Thomas E. Panowicz and Jamie Morgan, Project Manager, Office of the Mayor to answer legal or other questions you may have. Sincerely, I i9 Tracy Skibins Director,Code Enforcement cc: Karen White,Council Vice-President, Sixth District Representative Jo M. Broden,Fourth District Representative,Committee Chair,Health&Public Safety Filed in Clerk's Office Bill NO JUL 0 2 2019 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER FIVE OF THE SOUTH BEND MUNICIPAL CODE, GENERALLY KNOWN AS THE RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS, BY UPDATING ENTITY NAME DEFINITIONS,LICENSE REQUIREMENTS AND FEE REGULATIONS STATEMENT OF PURPOSE AND INTENT Since 2016, the Animal Care and Control Division of the Department of Code Enforcement has continued to excel in services that save and enhance the lives of animals in our community. Animal adoption has soared from 261 placements in 2016 to 652 in 2018. Pet licensing has grown to 1,671 licenses issued in 2018, an increase of almost 1,000 more than were sold in 2016. The staff has embraced a culture of community care that has driven up to these indicators of success. The City wishes to rename and rebrand this Division to signal its continued positive direction. To best reflect the mission and vision of animal services on behalf of the City of South Bend, this ordinance updates various Articles and Sections of Chapter 5 of the South Bend Municipal Code: Responsible Animal and Pet Ownership Care and Control Regulations. These amendments are appropriate to reflect this change in mission, vision, and name, as follows: • The mission of the South Bend Animal Resource Center("SBARC") is to prevent animal cruelty and abandonment by promoting responsible, caring and compassionate attitudes towards animals. • SBARC's vision is to serve the South Bend community with programs and services that improve the welfare of animals. With the motto "Open Door— Open Heart", SBARC offers resources for animal care, supplies, education, leisure, and training. Additional amendments to the ordinance incorporate best practices for customer service, budgeting, and animal welfare personnel management.The proposed changes to Chapter 5,Article 4 improve the service delivery of licensing to further grow the number of licensed pets and increase the reunification of lost pets with owners. Updates to Article 8, Sec. 5-110 will allow the Department to better prepare an annual budget that is responsive to City spending, community needs, and innovations in animal welfare. The changes allow for a regular and routine review of fees through the various touchpoints of the budget process including Division, Department, Mayoral, Financial, and Council accountability, as well as review by the public Animal Welfare Advisory Commission. Finally,revising the job description for the SBARC Manager will provide a more comprehensive understanding of the role and the Manager's accountability in developing operational policy. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, as follows: SECTION I. Chapter 5, Article 1, Section 5-2 (f), (g), (bb), (000) and (rrr) of the South Bend Municipal Code definitions are each hereby deleted entirely and replaced with revisions to read as follows: (f)Animal Welfare Commission means the advisory Commission as established in Division III of this chapter. This was previously known as the Animal Control Commission. (g) Animal Welfare Officer means a person authorized to carry out the provisions of this chapter, also referred to as AWO. This was previously known as Animal Control Officer. (bb)Division of Animal Welfare means the municipally operated Division, formerly known as the Division of Animal Care and Control, established for the purpose of animal control and enforcement as used and described throughout this Article. It is operated by and is under the direct supervision of the Director of the Department of Code Enforcement and the Resource Center Manager. (000) Resource Center means the South Bend Animal Resource Center (SBARC) and the Division of Animal Welfare. The Resource Center is where the City shelters animals and the Division of Animal Welfare enforces the ordinances relating to the care, treatment and control of animals. This was previously known as SBACC or South Bend Animal Care and Control. (rrr) Resource Center Manager means the Resource Center Manager for the South Bend Animal Resource Center and the Division of Animal Welfare. This was previously known as the Shelter Manager. SECTION II. Chapter 5, Article 1, Section 5-2 of the South Bend Municipal Code is updated to refer to the revised definitions from Section I above, as follows: Sec. 5-2. - Definitions. (ee) Enforcement Authority means law Enforcement Control Agencies and officers acting on their behalf and Animal Welfare Officers sanctioned by the City of South Bend, St. Joseph County, or the State of Indiana. (iii) Quarantining authority means the Department of Code Enforcement, Division of Animal Welfare, its agents, employees and designees, acting under directives and regulations of the Health Department of St. Joseph County or the Indiana state board of animal health. (tt) Litter permit means the permit required by any person who intentionally or unintentionally causes or allows the breeding of a litter of dogs or cats in a twelve-month period. Exception: if the parent animal(s) are altered within fourteen(14) weeks after giving birth or the parent animal(s) and the litter are relinquished to SBARC within fourteen(14) weeks after birth of the litter, all permit requirements shall be waived. (vvv) Stray means any animal that is not under restraint and/or upon reasonable inquiry by an animal welfare officer does not appear to have an owner. This section does not apply to free- roaming and/or community cat(s) as defined in this chapter. SECTION III. Chapter 5, Article 1, Section 5-4, of the South Bend Municipal Code, Schedule of Fees is deleted entirely. Sec. 5 4. Schedule of fees for the division of animal welfare. Division of Animal Welfare is as follows: Type-of-Fee Fee-Amount - _ _ e - First redemption $ 15.00 Second redemption $- 0 Third redemption $--7-54)0 $40000 ' • . . 141141 $40.00 . . . --• $LA0 . - " . . • $ 2.00 per dose Flea Treatment $ 10.00 per dose $-25.00 .. . .. - . $40.00 — . . $40.00 10 day quarantine(per day/cat) $40.00 . . . ., ., - ,: $4-54)0 Microchip fcc $-20.00 Adoption—Fees Dog t5115t $ 85.00 Puppy $1-00.00 Cat $-680 Small animal $-5.00 Small bird $ 10.00 • _ • $ 75.00 Rabbit $40.00 Small reptile $ 00 Medium or Large reptile X40.00 Protective Custody Impound Fees: Fire, death,accident, acts of God, etc. No charge for first three(3)days $40440-per--day-per--eat $ 15.00 per day per deg • ' ' ' ' S 10.00 per day per cat etc. $ 15.00 per day per 5.5-00 UPS shipping of biting anirn - • . . - $40,00 (b) The Shelter Manager has limited authority to waive or reduce fees based on: (1) Considerations of responsible ownership of the animal(s); or (2) Space available at the Shelter. Secs. 5 5 5 7. Reserved. Secs. 5-4 5-7. - Reserved. SECTION IV. Chapter 5, Article 3, and all or certain subparts of Sections 5-16, 5-20, 5- 22, 5-36, 5-37, 5-39, 5-40, 5-42 and 5-44 of the South Bend Municipal Code are amended to read as follows: Sec. 5-16. - Medical and grooming care requirements. (b) Any animal deemed by the SBARC staff to require medical evaluation must be evaluated by a licensed veterinarian to maintain humane care. Any treatment necessary shall be at the discretion of the veterinarian. Proof of compliance must be provided. (c) Any owner keeping an animal requiring grooming deemed by SBARC staff to maintain humane standards of care must show proof that such grooming has been completed. 24[241 Sec. 5-20. - Urban chicken regulations. (a) Anyone desiring to raise one (1) or more urban chickens within the city limits must file an application for an Urban Chicken Permit with the Division of Animal Welfare in the Department of Code Enforcement and pay an annual filing fee : - - • - •• e.!! , if provisions for the chickens are deemed acceptable after inspection by the Division of Animal Welfare and the application is approved. If the application is approved, the owner/harborer of the chicken(s) will receive a durable metal tag, which must be affixed in plain view to the chicken coop. At the end of each calendar quarter, the Division of Animal Welfare shall provide to the Office of the City Clerk an electronic report summarizing: the residential street location, number of urban chickens at each such location, size of the chicken coop and size of the chicken pen for each location which has been issued such a permit. The Division of Animal Welfare may deny or revoke a permit to any person who has failed or refused to comply with the permit requirements, who has made any fraudulent or false statement or material representation in the permit application or in connection with the keeping of urban chickens, who has violated a state or any provision of this Code in connection with the application or keeping of urban chickens or who has kept urban chickens or other animals in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. Upon denial or revocation of a permit, the Law Department shall provide notice to the permit applicant or holder and shall provide for a written appeal and hearing pursuant to the procedures in Section 4-16 of this Code. (c) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of Code Enforcement shall comply with the duties which require the filing of a summary list of all warning notices and citations issued by the last Friday of each month with the Law Department, the Chairperson of the Health and Public Safety Committee, the Chairperson of the Residential Neighborhoods Committee, the Office of the City Clerk, and the Animal Welfare Commission. Sec. 5-22. - Fastening animals with rope or chain; choker collar. (e) Multiple tangling during tethering. If one(1) or more dogs at a residence have required a response from the Division of Animal Welfare to untangle tethers more than two (2) times in one (1) year, it shall be a violation of this Section. Sec. 5-36. -Notification of injury caused by motor vehicle to animals required. Any person operating a motor vehicle who causes injury or death to a domestic pet or large wild animal which may cause a public safety hazard shall stop at once, assess the extent of injury, and immediately notify the owner or Resource Center of the location of such animal or call the police or emergency services after hours. Sec. 5-37. -Notification of lost or stray animals required. (a) Persons finding a stray animal are to notify the Division of Animal Welfare within 24 hours (or within the next business day). At the discretion of the Division,the animal may be kept by the finder and a found report left with the department, to enable the finder an opportunity to return the animal to its rightful owner. (b) Upon demand by the Division of Animal Welfare, any found animal will be surrendered to the Division and held for three(3) business days, before a disposition is made. (d) With the exception of the SBARC, 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. - Potentially dangerous animals. (a) If an animal welfare 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 Resource Center Manager of SBARC shall request a hearing by the Animal Welfare Commission for the purpose of determining whether or not the animal in question should be declared potentially dangerous or 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 Welfare Commission. (2) The hearing will be held within ten(10)calendar days at a special meeting of the Animal Welfare Commission and shall be open to the public. (4) The Resource Center Manager of SBARC 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) The Animal Welfare 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 Welfare Commission may find owner/guardian in default, and all ownership rights of the animals shall be assumed waived. (7) b. An animal determined to be vicious shall be euthanized by the South Bend Division of Animal Welfare when it is found by the Animal Welfare 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 euthanized, the Animal Welfare 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 Welfare 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 Welfare Commission of their decision to appeal in writing, which will then be forwarded to the 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 welfare 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 Welfare where the dog is impounded for the costs and expenses of keeping the animal, if the animal is later declared potentially dangerous or vicious. (d) (5) The enclosure shall be inspected and approved by the City of South Bend Division of Animal Welfare prior to its usage for confinement. (8) The animal must also be identifiable via a microchip implanted in to the skin of the animal, and such microchip number must be provided to the Division of Animal Welfare. (0 (3) If the animal in question dies, or is sold or transferred, the owner/guardian shall notify the City of South Bend Division of Animal Welfare of the changed condition and new location of the animal in writing within two (2)business days. (4) Any violation of the above provisions and/or restrictions placed on the owner/guardian by the Animal Welfare Commission will result in immediate impoundment of the animal, fines to be issued in accordance with Section 5-106 of this chapter, and ownership rights in the animal be immediately waived.The Resource Center may also seek injunctive relief in a court of law against the owner/guardian and seek prohibition of ownership of animals for a time period deemed necessary by the court (5) An owner/guardian may submit one (1) request for reconsideration per year to the Animal Welfare Commission to have the designation of potentially dangerous or vicious removed from his or her animal. b. The application must be filed with the Division of Animal Welfare. d. The Animal Welfare Commission has the authority to hear evidence, both pro and con, as to whether and why the designation should or should not be removed. f. The Animal Welfare Commission may make a decision to remove or not to remove such designation. Sec. 5-39. -Biting animals; report; procedure. (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 Welfare and immediately make the animal available for quarantine. Upon receiving the report of a bite, Division of Animal Welfare will quarantine the animal for ten(10) days with the place of confinement to be in the discretion of the Division of Animal Welfare. 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 Welfare 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. (1) If the animal is quarantined at the Resource Center, 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 Welfare. 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 Resource Center, as determined by the Division of Animal Welfare, a microchip shall be implanted in it within thirty(30) days following the animal's release from quarantine. The animal shall be registered for its life with the Division of Animal Welfare. The cost of the implant and registry shall be at the owner's expense. (c) No person other than an Animal Welfare Officer or veterinarian shall euthanize or cause to be euthanized any animal suspected of being rabid except in cases of immediate self- protection. If that occurs, the person will retain the body and immediately notify the Division of Animal Welfare. Sec. 5-40. - Exotic animals and native wildlife. (f) Costs. The owner of any animal, which is impounded and/or euthanized or relocated under this section, shall be held responsible for payment of any expenses so incurred by the Division of Animal Welfare. Fees will be paid prior to release or relocation of the animal. Sec. 5-42. - Destruction of animals. (a) All animals impounded by Resource Center, a public or private sheltering agency or rescue group shall be euthanized, only when necessary and consistent with the requirements of this chapter by lethal intravenous injection of sodium pentobarbital, except as follows: (b) No person other than a duly authorized agent of Resource Center may euthanize any domestic animal within the city limits; provided, however, this provision shall not apply to the following: (c) The Division of Animal Welfare,other animal shelters, and/or public animal facilities which destroy animals in the city, shall use only sodium pentobarbital or a derivative substance for said purpose. (d) The duly authorized Resource Center agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the destruction of animals in a humane manner as specified by the American Veterinary Medical Association AVMA's Guidelines for Euthanasia. Said person(s) must have letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis. Sec. 5-43. - Habitual animal offender. (b) If upon investigation by an Animal Welfare Officer it is found that an owner and/or harbor meets the definition of a Habitual Offender, the matter will be set for hearing before the Animal Welfare Commission. (c) If found to be a habitual animal offender the Animal Welfare Commission may order a limit, restriction, or prohibition against animal ownership for a minimum of five (5) years or more as determined by the Animal Welfare Commission based on the totality of the circumstances of the violations observed. Sec. 5-44. - Free roaming cat trap-neuter return regulations. (c) The Division of Animal Welfare, or a community cat caretaker or a trap/neuter return organization, in order to encourage the stabilization of the free-roaming cat population may: (3) Release the cat to the Division of Animal Welfare for adoption or other disposition in accordance with law, or to a colony caretaker who will maintain the cat as part of a managed colony of community cats. Cat must be returned as close as possible to its location of capture unless illness or injury presents imminent danger to the animal. (d) Traps discovered by the Division of Animal Welfare to have been unlawfully set may be seized. SECTION V. Chapter 5,Article 4, Sections 5-50, 5-51 and 5-52 of the South Bend Municipal Code are hereby deleted and replaced to read in their entirety as follows: Sec. 5-50. -- Application for license or permits. (a) Application for licenses or permits may be made at the Resource Center, a SBARC designated facility, SBARC website, or by mail, and shall include the name, address of applicant, type of license or permit applied for, number and description of animal(s), information regarding sterilization, rabies vaccination certificate, microchip information; and upon request a list of all other vaccinations administered, if known, the date and type of vaccinations and the name of the person, business, or entity who administered them, a record of any known disease, illness or condition with which the animal is or has been afflicted; and record of any veterinary treatment or medication received by the animal and appropriate fee. (b) All license and permit fee schedules will be determined under the provisions of Sec. 5-110. (c) Pet Licenses are to be issued for a term of one (1) year to three (3) years, commencing and concluding with the date of the most recent rabies vaccination. Owner/guardians must contact the Resource Center with changes of address, telephone or ownership. Failure to keep contact information current may result in the inability of the Resource Center to contact an owner/guardian. (d) All Permits are to be issued for a term of one (1) year, commencing with the date of issuance, and required to be renewed annually. (e) Upon approval, the Resource Center shall issue a license or permit in written or electronic form,which includes the number of the license or permit and the type of license or permit. (f) The Resource Center shall maintain records of the identifying license/permit number. (g) All dogs or cats over the age of three (3) months must be licensed with a current pet license. The owner/guardian of any dog or cat, which dog or cat is over the age of three (3) months, must also have in his or her possession a current rabies vaccination certificate showing that such animal has been vaccinated against rabies as provided in Sec. 5.75. Any owner/guardian of such animal who moves into the city for purposes of establishing a residence or residing or who becomes a resident as result of annexation shall have thirty (30) days in which to obtain the license or permit required by this chapter. (h) All owners/guardians have the responsibility to keep all license or permit information current with the Resource Center. (i) All commercial permits may be issued after completing a yearly inspection whereby the Division of Animal Welfare verifies that the person applying for such commercial permit has met all applicable Code requirements. Sec. 5-51. - Pet licensing and microchip required; exceptions to licensing fees. (a) Any person owning, keeping, harboring or having custody of any dog or cat over the age of three (3) months must obtain a pet license for such animal; provided, however, that no pet licensing shall be required of any animal rescue organization,municipal animal control facility or governmental agency, or service dog agency. (b) Starting January 1, 2020, if a dog or cat does not have a microchip, SBARC will register and implant one (1) permanent microchip with a corresponding discrete number upon completion of the licensing application and payment of licensing fees. Existing microchip implants/numbers will be used to license the corresponding animal and the Resource Center will scan and verify any existing microchip and its information. Microchip implants may be registered for the life of the animal with the Resource Center. Additionally, a durable tag will be issued for an animal that has received a microchip implant from the Resource Center. The durable tag will have a corresponding number to that of the implanted microchip and will display a national, toll free, twenty-four(24)hour, seven(7) days per week telephone number for the purpose of animal and owner/guardian identification. (c) The license will be on file with the Resource Center and proof of payment/license will be provided to the owner/guardian. (d) The Resource Center will consider the registered microchip owner/guardian to be the legal owner/guardian. If no registered microchip is found or present, then the Resource Center will consider tags, or other identifiers to determine the legal owner/guardian. (e) Any person owning any dog or cat which has been implanted with a microchip shall transfer the microchip documentation with the Resource Center and national registry upon sale, trade, barter, gift or transfer of an animal. (f) Annual pet licenses are non-transferable. (g) Fee schedules will be determined under the provisions of Sec. 5-110. (h) Limited fee exceptions to licensing requirements: (1) Threat to health of animal. Upon a written statement from a licensed veterinarian setting forth that the neutering of the animal shall constitute a threat to the health of that animal, the payment of the license fee for unaltered animal shall not be required but the animal shall be classified as an altered animal for purposes of pet licenses and fees. Licensing at the altered tag price under this section will constitute agreement not to breed the animal. Doing so will result in fines and revocation of said license. (2) Service Animal Exception. A person who is impaired by: (i) Blindness or any other visual impairment; (ii) Deafness or any other aural impairment; (iii)A medical condition or any other condition governed by the Americans with Disabilities Act(ADA) shall be exempt from the fees listed in this section for their service animal,however licensing of such service animal is required. 12 (i) Senior Citizen Exemption. Any person sixty-two (62) years of age or older, with valid proof thereof, who owns, keeps, harbors or has custody of an altered and microchipped animal licensing his/her animal will have the licensing fees for such animal waived in their entirety. (j) Military Exemption. Any active duty military personnel or veteran, with valid military identification, who owns,keeps,harbors or has custody of an altered and microchipped animal licensing his/her animal will have the licensing fees for such animal waived in their entirety. Sec. 5-52. - Fees. (a) Commencing on the effective date of the ordinance from which this chapter derives, and for each subsequent year thereafter, each approved application for licensing or permit issued by the City under this chapter shall be valid upon payment of all required fees. (b) All license and permit fee schedules will be determined under the provisions of Sec. 5-110. SECTION VI. Chapter 5, Article 4, and all or certain subparts of Sections 5-54 and Section 5-55 of the South Bend Municipal Code are amended to read as follows: Sec. 5-54. - Appeals; re-inspections; denials or revocation of permit. (b) The permit holder may request a re-inspection for permit reinstatement based on compliance or may appeal the SBARC revocation. All requests for appeals must be in writing and addressed to the Animal Welfare Commission; whereupon, the Commission shall set the appeal for hearing within forty-five(45) days of the receipt of the written request. (c) Upon re-inspection by SBARC following an appeal, a permit reinstatement fee e-fifty dollars ($50.00)will be required prior to reopening. Sec. 5-55. - Redemption of impounded animals seized for permit denials, suspensions or revocation. (a) When the re-inspection indicates full compliance that the conditions that caused the denial, suspension or revocation have been corrected, the permit shall be restored and impounded animals that are in the care of SBARC at the time of full compliance may be redeemed. (b) Animals seized will be impounded by SBARC for no less than five(5)business days. After five(5)business days, seized animals will be considered unredeemed unless the SBARC and the licensee whose permit was denied, suspended, or revoked reach an agreement regarding the housing and care of the seized animals for the period in which the licensee is working to correct the conditions that caused the denial, suspension or revocation. (c) Any animal remaining unredeemed after the prescribed holding period shall at once become the property of SBARC. SECTION VII. Chapter 5, Article 5, and all or certain subparts of Sections 5-60, 5-61, 5-62, 5- 63, 5-65, and 5-68 of the South Bend Municipal Code are amended to read as follows: 13 Sec. 5-60. - Kennel/cattery permit regulations. (a) a. Initial application eligibility requires no more than three (3) unaltered pets, no outdoor housing in the absence of the owner, suitable exercise space for the breed and number owned,no history of violations with SBARC, and all animals current on vaccinations. (c) Grandfather Clause. Animals owned or harbored and exceeding the ownership limits of this section at the time of passage of this law may be registered with the Division of Animal Welfare within ninety (90) days of passage to be exempted from ownership limits. Animals owned or harbored in excess of these limits and not registered within this time frame will not be considered exempt. Sec. 5-61. - Major breeders permit. (a) A major breeder's permit shall be obtained by: (2) Any person who offers for sale, sells,trades,receives other compensation or gives away more than one(1)litter of dogs or cats in a 12-month period; excepting a litter of dogs or cats taken to the Division of Animal Welfare. (b) Such person shall: (2) Furnish the Department of Animal Welfare with information on the birth of each litter of dogs or cats as may be required by Division of Animal Welfare to register that litter of dogs or cats with Division of Animal Welfare, and to be assigned a litter number for each litter; and (3) Further be required to register with the Division of Animal Welfare the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five(5) days after the date of such sale or transfer; and (5) Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Division of Animal Welfare) against common disease; in the case of dogs, against canine distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleucopenia; and (6) Not offer a puppy or kitten under the age of ten (10) weeks for sale, trade, other compensation or for free giveaway (except a puppy or kitten or litters of them taken to the Division of Animal Welfare); and Sec. 5-62. - Minor breeders permit; sale of underage animal prohibited. (a) A minor breeder's permit shall be obtained by: 14 (2) Any person who offers for sale, sells,trades,receives other compensation or gives away any litters of dogs or cats; excepting a litter of dogs or cats taken to the Division of Animal Welfare; or (3) Any owner or person having custody of a dog or cat that has delivered a litter or caused the delivery of a litter,who chooses not to relinquish the animal to the Division of Animal Welfare and also chooses not to have the animal spayed or neutered shall cause the animal to be implanted with a microchip and to register this dog or cat within thirty(30) days of having received notice to accomplish this procedure from the Division of Animal Welfare. (b) Such person shall: (2) Not be allowed to offer for sale, sell, trade, receive other compensation or give away more than one(1) litter of dogs or one(1) litter of cats in a 12-month period; excepting a litter of dogs or cats taken to the Division of Animal Welfare; and (3) Furnish the Division of Animal Welfare with information on the birth of each litter of dogs or cats as may be required by the Division of Animal Welfare to register that litter of dogs or cats with the Division of Animal Welfare, and to be assigned a litter number for each litter; and (4) Further be required to register with the Division of Animal Welfare the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five (5) days after the date of such sale or transfer; and (6) Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Division of Animal Welfare) against common disease; in the case of dogs, against canine distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleucopenia; and (7) Not offer a puppy or kitten under the age of ten (10) weeks for sale, trade, other compensation or free giveaway (except a puppy or kitten or litters of them taken to the Division of Animal Welfare); and (c) Any owner or person having custody of a dog or cat which has been neutered within ten(10) weeks after giving birth to a litter or who turns the adult dog or cat over to the Division of Animal Welfare within 10 weeks from the birth date of the litter,will be required to purchase a minor breeder permit . - . - . - - : ; .. . !.!! . (d) Any owner or person having custody of a dog or cat which has delivered a litter,who chooses not to relinquish said animal to the Division of Animal Welfare and also chooses not to have the animal neutered, will be required to purchase a minor breeder permit at the ratc of one plus any applicable kennel/cattery permit fee. The permit shall be issued provided all requirements of this chapter are met. Sec. 5-65. - Pet shop permit. 15 (c) The pet shop permit holder shall be further required to register with the Division of Animal Welfare the name, address, and telephone number of each buyer or new owner of any dog or cat transferred within five (5) days after the sale or transfer. (d) The Animal Welfare Officer or County Health Department of St. Joseph County may restrict the sale of any animal suspected of being diseased or otherwise unfit for sale. An examination by a licensed veterinarian may be requested at the expense of the enforcement agency. The Animal Welfare Officer may seize the animal to ensure and protect the health and safety of any other animals present and/or the public. (f) No puppy or kitten under the age of eight (8) weeks may be offered for sale, trade or other compensation or for free giveaway (except a puppy or kitten, or litter or litters taken to the Division of Animal Welfare). Sec. 5-68. - Exceptions for Division of Animal Welfare and animal welfare organizations. No permit shall be required of the Division of Animal Welfare or animal welfare organization; however, all other provisions of this chapter shall apply and such organizations are subject to inspection. SECTION VIII. Chapter 5, Article 6, Section 5-77 of the South Bend Municipal Code is amended to read as follows: Sec. 5-77. - Sale of puppies and kittens. A puppy or kitten must be at least ten(10)weeks old and weaned before it may be offered for sale, traded, or given away for other compensation or for giveaway (except a puppy or kitten or litter or litters may be surrendered to the Division of Animal Welfare.) SECTION IX. Chapter 5, Article 7 Section 5-86 of the South Bend Municipal Code is amended to read as follows: Sec. 5-86. - Euthanizing animals. (a) All animals impounded by Resource Center, a public or private sheltering agency or rescue group shall be euthanized, only when necessary and consistent with the requirements of this article, by lethal intravenous injection of sodium pentobarbital, except as follows: (b) No person other than a duly authorized agent of the Division of Animal Welfare may euthanize any domestic animal within the city limits; provided, however, this provision shall not apply to the following: (c) The Division of Animal Welfare, other animal shelters, and/or public animal facilities which euthanize animals in the city, shall use only sodium pentobarbital or a derivative substance for said purpose. 16 (d) The duly authorized Resource Center agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the animal euthanization in a humane manner as specified by the AVMA's Guidelines for Euthanasia. Said person(s)must have letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis,with such required documentation being kept on file and open for public inspection. SECTION X. Chapter 5, Article 8, Division 1, Section 5-90 of the South Bend Municipal Code is hereby deleted and replaced to read in its entirety as follows: Sec. 5-90. - Duties of Resource Center Manager. (a) The Division of Animal Welfare shall be operated by the Resource Center Manager. (b) The Resource Center Manager will be advised on matters of policy by the Animal Welfare Commission. (c) The duties and powers of the Resource Center Manager are as follows: (1) To ensure that all city ordinances and state laws regarding animal care and control are enforced. (2) To manage the Resource Center's operations. (3) To purchase all necessary materials for the proper and efficient performances of the services and work required of the Resource Center consistent with the City's established purchasing procedures. (4) To hire and supervise all personnel necessary for the efficient performance of the duties required of the Resource Center and Division of Animal Welfare. (5) To provide training opportunities and continuing education for all staff. (6) To prepare and submit,after review and comments of the Animal Welfare Commission, to the South Bend Common Council through the City Controller, an annual budget, for its financing of its operations and performance of its duties. (7) To provide the Director with a report of its activities and operation for the prior year, to be submitted with the Department of Code Enforcement's annual report. The Director will submit this to the Mayor's office and the City Clerk by the assigned date. (8) To work with the Director and Director of Finance for the Department of Code Enforcement to create and maintain the Division of Animal Welfare annual budget and fee schedule.These fees are to be reasonable and are to be charged for services provided by the Resource Center. (9) To prepare monthly reports for the Animal Welfare Commission on performance, operation and intake/outtake metrics including adoption,rescue transfer and euthanasia and any other statistics that the Animal Welfare Commission may request. (10) To ensure that all dogs and/or cats released for adoption shall be spayed or neutered, implanted with an electronic microchip, and provisions made for a program to monitor said spay/neuter and microchip plan. 17 (11) To assure that any violations of the animal adoption contract shall result in impoundment of the animal. Return of the animal to the adopter will be at the discretion of the Resource Center Manager. (12) To adopt internal rules and regulations as may be necessary or appropriate in its judgment to carry out the provisions of the ordinances and laws under which it exists and performs its functions, including Standard Operating Procedures (SOP) for the internal operations of the Resource Center and the Division of Animal Welfare. (13) To cooperate with the Legal Department of the City regarding legal matters under this Chapter, such as hearings, appeals and search warrants. (14) To establish partnership with other municipalities and animal rescues as necessary and appropriate. (15) To assist all law enforcement agencies in animal related investigations. (16) To work with approved nonprofits for the benefit of the Resource Center. (17) To enter into reciprocity agreements with other cities, counties, and states to report owners or harborers with a violation history of animal regulations that move out of or into the City. SECTION XI. Chapter 5, Article 8 and all or certain subparts of Division 2. Animal Control Commission. Sections 5-95, 5-96, and 5-97 of the South Bend Municipal Code are amended to read as follows: Sec. 5-95. - Animal Welfare Commission established; membership. (a) A five-member Animal Welfare Commission is established. (c) Two (2) of the Commission members shall be appointed by the Mayor. The three (3) remaining members of the Commission shall be appointed by the Common Council. At the outset, the Mayor shall appoint one (1) person to serve two (2) years, and one (1) person to serve three (3) years. The Common Council shall appoint one (1) person to serve two (2) years, and one (1) person to serve three (3) years. At least one (1) member appointed by the I Common Council of this Commission must be a licensed veterinarian.This selection shall not be based on political affiliations,but on interest in animal welfare and knowledge of same. Sec. 5-96. - Officers; meetings and meeting minutes of the Animal Welfare Commission. (a) The first meeting of the Commission shall be convened by the Resource Center Manager. The Commission must meet for the first time within thirty (30) days of the effective date of this Chapter. The Commission shall elect a Chair, Vice-Chair, and a Secretary from among its members. 18 (c) Three (3) members of the Animal Welfare Commission shall constitute a quorum to do business. (d) Copies of all Animal Welfare Commission agendas shall be electronically sent to the Law Department, Division of Animal Welfare, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. (e) Meeting minutes of all Animal Welfare Commission meetings shall be maintained and regularly posted on the City's website for the Division of Animal Welfare with electronic copies being sent to the Resource Center Manager, the Law Department, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. --- (39) --- Note—The Indiana Open Door Law requiring a minimum of 48-hour notice applies to all meetings of the Animal Welfare Commission pursuant to IC 5-14-1.5-5. Sec. 5-97. - Duties and responsibilities of the Animal Welfare Commission. The Animal Welfare Commission shall have the following duties and responsibilities: (1) To receive and review recommendations made by the Resource Center Manager; (6) Such determinations shall be reduced to writing with the original of the same being maintained by the City and copies being sent to the person or persons filing an appeal, with copies also being maintained in the Division Animal Welfare. Electronic notification of such determinations shall be sent to all Animal Welfare Officers and the South Bend Police Department. SECTION XII. Chapter 5, Article 8 and all or certain subparts of Division 3, Implementation and Enforcement. Sections 5-105 through 109 inclusive, and Section 5-111 of the South Bend Municipal Code are amended to read as follows: Sec. 5-105. - Interfering with enforcement. No person shall interfere with an Animal Welfare Officer in the pursuit of his/her duties as an officer. Sec. 5-106. - Impoundment. (a) Animals found in cruel, abusive or neglectful situations,animals trained,bred or kept for the purpose of animal fighting, animals considered potentially dangerous, animals abandoned as a result of owner arrest, or animals that have been abandoned may be promptly seized, provided, however, that the Animal Welfare Officer shall leave written notice. (b) Animals so removed will be impounded and held at the Division Animal Welfare or a designated facility, provided, however, that in no event shall this period exceed five (5) calendar days, at which time the animal shall become the property of the Department of 19 Animal Welfare. An animal may be held longer if an extension is necessary for the Animal Welfare Officer to have ample time to prepare a court case if prosecution is warranted, or a request for a bond has been filed as provided in paragraph (e) of this section. In the case of animals impounded for quarantine at the Division of Animal Welfare,the animal will become the property of the Division if not claimed by closing time of the Division on the eleventh(11 Th)day of the quarantine. Owners requesting quarantine but failing to claim animals at the end of the quarantine period will be responsible for all medical, quarantine, and euthanasia fees. (c) Animals impounded for reasons of tragedy beyond the control of the owner, such as but not limited to house fire or death of the owner, will be held for seven (7) calendar days during which time a reasonable effort will be made to contact the owner and/or their representative to make reclaim or alternative housing arrangements. After the seventh (7 Th) day of impoundment, the animals will become the property of the Division of Animal Welfare. (d) Animals awaiting disposition by the courts shall remain in the custody of the Division of Animal Welfare, unless such disposition is made, or placed in a foster home until legal arrangements have been completed. (e) Pursuant to impoundment of an animal under paragraph (a) of this section, the Division of Animal Welfare may file a petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of the animal while it is in the custody of the Division. (2) a. Bond must be posted within a maximum of three (3) business days following the bond hearing judgment. If bond has not been posted within the allotted three (3) business days, the animal shall immediately become the property of the Division of Animal Welfare. b. Bond must be posted at the Division of Animal Welfare in cash or certified funds only. The bond shall be deposited into the budget for the Division of Animal Welfare, in a subaccount specific for each case. The Division may draw on this account to cover the actual expenses incurred in the care of the animal. d. Upon conviction of the accused,the court or hearing body, at its discretion may order any remaining bond money and/or the animal(s) forfeited to the Division of Animal Welfare. (4) This section applies to any and all animals housed at the Resource Center, or under the direction of the Division of Animal Welfare at a remote facility,irrespective of the agency that seized the animals. (6) When a community cat is captured, such animal need not be impounded but may be returned to its owner or community cat caretaker if,in the opinion of the Resource Center officer, the return would not present a danger to the public, continued or repeat public nuisance, or otherwise result in a violation of this chapter. Sec. 5-107. - Notice to owner. (b) 20 (3) Cooperation of effort with other governmental and private agencies,such as the Humane Society of St. Joseph County or other humane and/or breed rescue organizations recognized by the Division of Animal Welfare. Sec. 5-108. - Redemption. (a) A person may reclaim an animal in the custody of the Division of Animal Welfare upon providing the following: (3) It shall be mandatory that any dog or cat not displaying a current city pet registration or current identification tag if not a city resident, affixed to its collar, after the effective date of this chapter, upon its redemption by its owner, and prior to its release by the Division of Animal Welfare, be implanted with a microchip and registered for purposes of identification and recovery. The cost for this process shall be at the owner's expense before the animal's release. (b) Stray or at-large animals will be held three (3) business days at the Division of Animal Welfare. (c) Unclaimed animals become the property of the Division of Animal Welfare and may be placed for adoption,transferred to rescue or humanely euthanized, pursuant to Section 5-106. Sec. 5-109. - Inspections and entry on property. (a) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or when there is probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or State law, the Animal Welfare Officer or Health Officer or police officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this chapter or any state law; provided that: (b) In the event the Animal Welfare Officer, County Health Officer or his or her designee or police officer has probable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure lawful entry and inspection of the property via a warrant issued by a judge in good standing. Sec. 5-111. - Penalties. (a) Violators shall be issued a citation and fined by a law enforcement officer or animal welfare officer as follows: (b) Upon finding of violations of this chapter, the City may seek injunctive relief through the court which may order relinquishment of an animal(s) deemed to be a public safety risk 21 and/or a repetitive public nuisance that has not been abated or an animal that is a victim of cruelty, neglect, or abandonment, to the Division of Animal Welfare for disposition. (c) In the event that an animal is retained at the Division of Animal Welfare because its owner or harborer has been in violation of this chapter,the person redeeming the animal by paying the prescribed fees shall also be required to pay the costs incurred by the Division of Animal Welfare for impoundment and caring for including but not limited to: SECTION XIII. Chapter 5, Article 8, Division 3, Section 5-110 of the South Bend Municipal Code is hereby deleted and replaced to read in its entirety as follows: Sec. 5-110. - Disposition of fees, donations and bequests. (a) All money generated, received or collected as the result of payment of fees required by this chapter shall be deposited into the Division of Animal Welfare fund. (b) All money received by the Division of Animal Welfare through donations, gifts, bequests or devises shall be payable to the City Controller and deposited into the fund 217.The expenditure of funds shall be subject to all state and local appropriation and purchasing requirements. (c) All money generated, received or collected in response to the Division's special fund-raising projects shall be payable to the Division of Animal Welfare and shall be deposited into the appropriate fund and shall be used in a manner consistent with the announced purpose of any special fund-raising event or project. (d) No expenditure may be made from these funds unless first approved by the Resource Center Manager. The expenditure of funds from the dedicated animal control special projects fund shall be subject to all state and local appropriation and purchasing requirements. (e) In addition to any other fees required to be paid under federal and state law, the Director and Resource Center Manager, under advisement from the Animal Welfare Commission, will review and recommend changes to the schedule of fees in accordance with the annual budget process overseen by the Director of Finance for the Department of Code Enforcement, the Office of the Mayor, and Common Council. (0 All fees are to be posted in the Resource Center, on SBARC websites, and available to the public upon request. SECTION XIV. Chapter 5, Article 9 and all or certain subparts of Sections 5-121 and 5-123 of the South Bend Municipal Code are amended to read as follows: Sec. 5-121. - Permits and administration. (c) An application for a license or renewal of a license shall be made to the Division of Animal Welfare. Applications for renewal must be submitted no later than ten(10)business days prior to expiration of the current license. All such applications shall contain the name and address 22 of the owner of the horse and the rental horse business in which such horse is to be used. The horse shall be identified by breed, age, sex, color, markings, and the location of the stables where the horse is to be kept, recorded on a veterinary certificate provided by the Division of Animal Welfare. No license shall be transferable. Upon the transfer of ownership or use of any horse to a new owner or operator shall obtain a new license for such horse within thirty (30) days of the transfer date. (d) The annual fee per working animal license or renewal •. - . • - -• • - •• 't.'-' for carriage horses and ten dollars ($10.00) for riding horses, and shall be paid upon submission of an application to the Division of Animal Welfare. (f) An owner or operator of a rental horse business shall keep an accurate daily record of the movement of each licensed horse when in the city limits including driver's name, horse's identification number, vehicle license plate number, time of leaving stable and time of return to stable. Such records shall be kept on the premises of the stable where rental horses are kept or maintained and shall be made available to the Department Division of Animal Welfare upon request. (g) An owner or operator of a rental horse business shall make the stable (if located within the city limits) in which horses used in the rental business are kept open for inspection at all reasonable time by authorized personnel of the Division of Animal Welfare to enforce the provisions of this article. Sec. 5-123. - Regulations. (c) Certified weights of all horses and horse drawn vehicles shall be registered with the Division of Animal Welfare annually. At the discretion of the Division of Animal Welfare, when supported by the opinion of a consulting veterinarian, a rental horse within a business may be restricted in regard to pulling/riding capacity,based on individual characteristics and abilities. (1) The rental horse business shall take immediate action to obtain veterinary treatment, care and attention when any horse is or becomes sick, diseased, lame or injured. If a horse dies while at work or in the stable area, or is involved in an accident resulting in an injury to a horse, the Division of Animal Welfare shall be notified immediately. (k) Every horse whose use requires a license hereunder shall be examined by a veterinarian prior to its use in a rental horse business, and thereafter at intervals of not less than once a year.The horse shall be examined and treated for internal parasites. Its general physical condition shall be evaluated, which examination shall include but not be limited to, inspection of teeth, hooves,and shoes, and for its physical ability to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or professional recommendation regarding humane correction or disposition of the same. An Indiana health certificate containing the above information and signed by the examining veterinarian shall be maintained at the stable premises at which such horse is located, and shall contain the identification number, age and condition of the horse. With a copy on file with SBARC. (m) A horse covered by this subchapter which is or becomes lame or suffers from a physical condition or illness making it unsuitable for work shall be removed from work by the rental 23 horse business or may be ordered removed from work by the Division of Animal Welfare. In the event of a dispute regarding such physical condition or illness, the Division may require that a rental horse be examined by a veterinarian in order to determine its ability to safely work as a rental horse. The cost of any such examination shall be borne solely by the rental horse company. A horse which has been removed from work under this division shall not be returned to work until it has recovered from the condition which caused removal from work, or until such condition has improved sufficiently that its return to work will not aggravate the condition or otherwise endanger the health of the horse. A violation of this section shall be presumed if a horse is found at work in a sick or disabled condition within forty-eight (48) hours after its removal from work for the same condition which caused such removal. Such presumption may be rebutted by offering a written statement from a veterinarian who examined the horse after the time of removal from work but prior to its return to work, which statement sets out the veterinarian's professional evaluation of the condition and his/her opinion that it was suitable for the horse to return to work prior the expiration of the 48-hour period. This statement shall be carried with the horse during the presumed 48-hour recovery period, and provided to the Division of Animal Welfare upon request. SECTION XV. This ordinance shall be in full force and effect of and from its date of passage, approval by the Mayor, and any publication required by law. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana 24 Mayor, City of South Bend, Indiana 25