HomeMy WebLinkAboutSubstitute 21-19- Ordinance to Amend Chapter 5-Various Articles-Responsible Animal and Pet Ownership Care and Control Regulations1300 COUNTY -CITY BUII.DING
227 W. JEFFERSON BOUIEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
PHONE 574/ 235-9486
FAX 574/235-7703
DEPARTMENT OF CODE ENFORCEMENT
TRACY SKIBINS
DIRECTOR
Tim Scott, Council President, South Bend Common Council
County -City Building
227 W. Jefferson Blvd
South Bend, IN 46601
RE: Bill No. 21-19 Animal Welfare -Substitute Bill
Dear Council President Scott:
Filed in Clerk's Office
JUL " 7
1 201799�
i
REir€�IAH FOWLER
CITY CLERK, SOUTH BEND, !N
Please find attached the substitute version for Bill No. 21-19 currently under consideration in the Health
and Public Safety Committee. In this substitute bill, we have limited the scope of the ordinance to
changes of name and to responsibilities of the Shelter Manger. These amendments will allow the
Division to outwardly reflect the positive growth achieved over the last few years. Please note, many
name changes must be made throughout all of Chapter 5 contributing to the length of the bill. The Title
of the Bill 21-19 has also changed slightly to reflect the reduced subject matter.
The Department will address remaining changes to the ordinance in its entirety as time allows, while
continuing to seek ways to improve and incorporate best practices for animal welfare management in
close collaboration with the Animal Control Commission, Common Council, and our valued community
members.
As indicated in my original cover letter filed July 2, 2019, 1 will present this substitute bill to the Council
at its Committee meeting and regular evening meeting and may be accompanied by Assistant City
Attorney Thomas E. Panowicz, and Jamie Morgan, Project Manager, Office of the Mayor.
Thank you for your assistance in this matter.
Sincerely,
L sc�z�
Tracy Skibins
Cc: Karen White, Council Vice -President, Sixth District Representative
Jo M. Broden, Fourth District Representative, Committee Chair, Health & Public Safety
Substitute Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
Filed in Clerk's Office
JUL 17 2019
KAREEP. AIA FOWLER
OILY CLERK, SOUTH E,EPID, IN
F 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 AND MANAGER
RESPONSIBILITIES
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 amendment to the ordinance incorporates best practices for animal welfare personnel
management. 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 mel Wel are Commission the za^r.mal Gentrel f`..,-.,missi Ameans an
advisory Commission as established in dDivision III of this eChapter. This was previously_
known as the Animal Control Commission.
(g) Animal mel 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 Care and Gewiw Welfare means the municipally operated divisions
formerly known as the Division of Animal Care and Control established for the purpose of
animal control, care enforcement as used anddisposition,, described
throughout this Article. It is operated by and under the direct supervision of the Director of the
Code Enforcement Department and the Resource Center Manager.
(000) hqr4y
derived fi n the Division of Animal Cam an GefitfeL SBARC (South Bend Animal Resource
aa.vaa as vasa ua�. Division
Center) means the Resource Center and the Division ofAnimal 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 Division Animal Care and Control.
the Division of Animal Welfare. This was previously known as the Shelter Mana er.
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 pp ma' Control and afro Ofn� Animal Welfare Officers sanctioned by
the City of South Bend, St. Joseph County, or the State of Indiana.
(ii) Foster home means the physical location away from n,..itn al chResource Center
providing temporary care to a foster animal.
(iii) Quarantining authority means the Department of Code Enforcement, -1 Animal
Caro and Gentfel 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 bBoard of aAnimal hHealth BOAH .
(mm) Impoundment 8 U means to seize and place ire into the Aaifaa4 Sheltff Resource Center
for the ` ity of So'.fh nk~a, any animals found in violation of this chapter and/or Indiana law,
or to temporarily house animals in protective custody due to disaster or other tragic event. I91
(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 SBAGG SBARC within
fourteen (14) weeks after birth of the litter, all permit requirements shall be waived.
(fff) Protective custody impound means to seize and place in---te into the Animal She
Resource Center fer the City of Seath Bemd, any animals due to disaster or other tragic event.
(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 3, and all or certain subparts of Sections 5-16, 5-
20, 5-22, 5-36, 5-37, 5-38, 5-39, 5-40, 5-42, 5-43 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 eu� 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 SBAGG SBARC staff to
maintain humane standards of care must show proof such grooming has been completed. 24
1241
Sec. 5-20. Urban chicken reLyulations.
(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 Di..isien of Animal Caro and Gent -1
Division of Animal Welfare in the Department of Code Enforcement and pay an annual filing
fee of twenty dollars ($20.00), if provisions for the chickens are deemed acceptable after
inspection by the Division of Anima! C • d id-C'ee+r-ol 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 Divisien ef Animal Cafe and Gel4FOI 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 Aaima4 Care and G....4 -.i 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 the South Bend MuniCi al 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 the South Bead Municipal Code.
(c) The Department of Code Enforcement shall be responsible for the enforcement of this
sSection. 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 "n:r,...,"Gen `"^' GemmissieAnimal 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 Diyisiea of n=mal Care „a Cent Division of Animal Welfare to
untangle tethers more than two (2) times in one (1) year, it shall be a violation of this sSection.
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 .,..:,.,..al ee.,trel shelie Resource Center of the location of
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 Divi.,;..., of Animal Care and Gent-r-ol Division
of Animal Welfare within 24 hours (or within the next business day). At the discretion of the
Division of Animal Welfare, the animal may be kept by the finder and a found report left with
the depa#men# Resource Center, to enable the finder an opportunity to return the animal to its
rightful owner.
(b) Upon demand by the D4wisien .Maim., Care and Cent fel 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 SBAGG 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.
4
(a) If an animal ^^^*r-^' ef&ee. 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 Sheltff Manager- of South Bead Animal Gar -e and Gentr-el
(SBACC) Resource Center Manager of SBARC shall request a hearing by the ".,mal G.,.,...t
Gemmissien 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 Control Gemmis Animal Welfare
Commission.
(2) The hearing will be held within ten (10) calendar days at a special meeting of the Anil
Animal Welfare Commission and shall be open to the public. 291291
(4) The Resource
Center Mann er 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 Gen4rel C..._,... issie 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 Anima4 Gen
Commissien Animal Welfare Commission_ may find the 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 Diyisien
South Bend Division of Animal Welfare when it is found
by the Animal Control Commi 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 Control Commissie 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 Getilrej r...,..r..: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 G..., rel Commission 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 effila Animal Welfare Officer
or law enforcement officer that probable cause exists to believe the animal in question poses
an immediate threat to public safety, then the anitnal eontfol effi 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 Diyisie , of " -i-m- .,t G-Aw„ and r•...,t 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. 30 U
(d)
(5) The enclosure shall be inspected and approved by the City of South Bend Division 0
nii-n—' rare and Control 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 Diyi.•ia R of Animal Gare and
Eontrol Division of Animal Welfare.
(3) If the animal in question dies, or is sold or transferred, the owner/guardian shall notify
the City of South Bend n:.:sien of Animal Caro and Gent; -.,el 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 Gomm! Commission 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-C4ty
e � South Bend Animal Care and Gen4 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
Anima' GeRtf~' Gen:ff~issie 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 City of South Bend Division of Animal GaF
and Con 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 Control Commir, Animal Welfare Commission may make a decision
to remove or not to remove such designation.
Sec. 5-39. Biting animals; report; procedure. L311
(a) The Oowner 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 Anim
Gar�d-and Control Division of Animal Welfare and immediately make the animal available for
Ci
quarantine. Upon receiving the report of a bite, the
Division of Animal Welfare will quarantine the animal for ten (10) days with the place of
confinement to be in the discretion of the Diyisian of Animal Gan 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 AnimAlCAP r -el Co --�i"is�= � 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. 32
(1) If the animal is quarantined at the shelter 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 ni-�^H of nn=mal Care -B-d- C---*-ol 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 shelter Resource Center, as
determined by the nnzsiamn of e-nirrial Cafe • lia moot,,. 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 nil
Care and Centml 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 Control ^ffl,.e. 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 Care a"dGox#r-sl 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 sSection, shall be held responsible for payment of any expenses so incurred by the
-f- &:nifnal Gam and Contf" l 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 South Bend ".,:mal Gare and Control Resource Center, a public
or private sheltering agency or rescue group shall be euthanized, only when necessary and
consistent with the requirements of this eChapter by lethal intravenous injection of sodium
pentobarbital, except as follows:
(b) No person other than a duly authorized agent of the mal eons, -el shelResource Center
may euthanize any domestic animal within the eCity limits; provided, however, this provision
shall not apply to the following:
7
(c) The Division afAnif al Cam and Cont -el Division of Animal Welfare, other animal shelters,
and/or public animal facilities which destroy animals in the eCity, shall use only sodium
pentobarbital or a derivative substance for said purpose.
(d) The duly authorized animal eefftfel 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. 31 U Said person(s) must have a
letter from a licensed veterinarian citing theif suchperson's 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 GentFeWffwor Animal Welfare Officer it is found that
an owner and/or harborer meets the definition of a Habitual Offender, the matter will be set
for hearing before the Animal Welfare Commission.
(c) If such owner and/or harborer is found to be a habitual animal offender the Animal CentFW
Commission 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 Control Gemmissio 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. The Ecat 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 Care aFA GenI.01 Division of Animal Welfare
to have been unlawfully set may be seized.
SECTION IV. 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. A eals• 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 SB-AGG SBARC revocation. All requests for appeals must be in writing
and addressed to the Animal Welfare Commission; whereupon,
8
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 SBAGG SBARC following an appeal, a permit reinstatement fee of
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 SBAGG SBARC at the time of full compliance may be
redeemed.
(b) Animals seized will be impounded by SBACc SBARC for no less than five (5) business
days. After five (5) business days, seized animals will be considered unredeemed unless the
SBAGG 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 SCG SBARC.
SECTION V. Chapter 5, Article 5, and certain subparts of Sections 5-60, 5-61, 5-62, 5-
65 and 5-68 of the South Bend Municipal Code are amended to read as follows:
Sec. 5-60. Kennel/cattery permit re lations.
(a)(1) 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 Sum SBARC, and all animals current on vaccinations.
(c) Grandfather Clause. Animals owned or harbored and exceeding the ownership limits of
this sSection at the time of passage of this law may be registered with the Division of Animal
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. Maior breeders hermit.
(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 Depaftment o9 Animal tree.,*ml Division of Animal Welfare.
(b) Such person shall:
P]
(2) Furnish the 44epaAffiete€ Animal—GeatFal Division of Animal Welfare with
information on the birth of each litter of dogs or cats as may be required by Division a
Animal Gar -e and the Division of Animal Welfare to register that litter of dogs or
cats with Division of Animal Care and Cmd the 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 Diyisieft of Animal Care and Cent 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:
(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 "--imam
Care and Contrel 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 ofifnal
Cara and Control 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 Diyisie of Animal Care and ran*-^' 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 Care and Gentmi 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 Divisie}3
of Animal Care and GE) 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
10
(4) Further be required to register with the D s ion of Animal Gage and Gena-. 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 Care and moot,"' 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
Diyisien of Animal Cafe and Control 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-ef
Anknal Cafe and Control Division of Animal Welfare within 10 weeks from the birth date of
the litter, will be required to purchase a minor breeder permit at the rate of ten dollars ($10.00).
(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 Care and Control Division of Animal
Welfare and also chooses not to have the animal neutered, will be required to purchase a minor
breeder permit at the rate of one hundred dollars ($100.00) 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.
(c) The pet shop permit holder shall be further required to register with the Division of Animal
Care and GAntrAl 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 Gefft-el Offie'- 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 ".,:mal r•entfel Offs a 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 Gare and Cent- -' Division of Animal Welfare).
Sec. 5-68. Exce tions for Division of Animal Welfare and animal welfare organizations.
11
No permit shall be required of the Diyisien of Animal Cafe and r'^4" 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 VI. Chapter 5, Article 6, Section 5-77 of the South Bend Municipal Code is
amended to read as follows:
Sec. 5-77. Sale of ]2WI�Jes 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 VII. Chapter 5, Article 7 Section 5-86, subparts (a), (b), (c) and (d) of the
South Bend Municipal Code are amended to read as follows:
Sec. 5-86. Euthanizing animals.
(a) All animals impounded by South Bend " G ffe and n..the Resource Center, a
public or private sheltering agency or rescue group shall be euthanized; only when necessary
and consistent with the requirements of this aArticle, by lethal intravenous injection of sodium
pentobarbital, except as follows:
(b) No person other than a duly authorized agent of the Division of Animal Care and rent -a'
Division of Animal Welfare may euthanize any domestic animal within the eCity limits;
provided, however, this provision shall not apply to the following:....
(c) The Division of ". ifnal Care and Contfol 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.
(d) The duly authorized ani flal- con 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 and shall use only sodium pentobarbital or a derivative substance for said purpose.
SECTION VIII. Chapter 5, Article 8, Division 1, Section 5-90 of the South Bend
Municipal Code is hereby amended to read as follows:
DIVISION 1. - SIELTH RESOURCE CENTER MANAGER
Sec. 5-90. Duties of shelter Resource Center mManager.
12
(a) The Division of Animal Care and Co Welfare shall be operated by the Shelter Resource
Center Manager.
(b) The welter Resource: Center Manager will be advised on matters of policy by the Animal
eel Welfare Commission.
(c) The duties and powers of the Direetof She Resource Center Manager are as follows:
(1) To eause to be en f •- edj ensure that all city ordinances and/or state laws regarding
animal care and control are enforced.
(2) To maintaffl. --.-.-d operate the Division ef Animal Care and Control's shekeF which hay
been designated for- the humane sheltering of pfeteetion and disposition of anirnals i
its-eusted 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 shelter Resource Center consistent with the eCity's
established purchasing procedures.
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illeOly at
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no sush eentraet shall bee betive exeept upon the approval of eity a4eme or --
designated
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as te fotin and
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and the
To establish
partnership with other municil2alities and animal rescues as necessM and apprORriate.
(x-9)(6) To emple} hire and supervise all personnel necessary for the efficient performance
of the duties required of sadsheltthe Resource Center and Division of Animal Welfare.
And require eal4i fi eation f'- I I A sai t� a! Centml OfficeFs as per- state meemynend .. ons.
-"(7) To prepare and submit., after review and comments of the Animal Genual 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.
"(8) To submit te the MayaF,
no later- than January 30 — 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 re ort. The Director will -submit this to the Mayor's office and the
City Clerk by the assigned date.
(x-3-)(9) To establish reasonable fees to be ehar-ged to persens r-eeIa-,'—AA--.,-' -..d adopting
aniffla . W --- eet sueh fees, stieh fees to be adopted only a ly Dkeete
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.
(-f4}(10) To prepare monthly rel2orts for the Animal Cent-rol Welfare Commission queerly
r-epofts on performance, operation and intake/outtake metrics including adoption, rescue
transfer and euthanasia and any other statistics that the Animal GefAml Welfare
Commission may request.
(x}(11) To previde 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.
(4-6)(12) To ensure that Aany 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 Division of Animal rare and C----tfel Resource Center Manager.
(4-7)(13) ShaI4 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 Division of Animal rare and COMM
Welfare.
15
14 To cooperate with the Legal Department of the City regarding legal matters under this
Cha ter such as hearings, anpeals and search warrants.
15 To work with approved nonprofits for the benefit of the Resource Center.
(16) To provide training opportunities and continuing education for all staff
f1.7) 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.
—(38)
State -lf&w-r-oferenee---39-1E-5-14-3-"hrot*4C-5-1-4-3--4-Omits- or-4ndiciiiies �'A-ec-ess-to-Publie
Reeords"-tate1aw-
SECTION IX. Chapter 5, Article 8 and 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:
DIVISION 2. - ANIMAL CONTROL fl`r'"""" &S40.r ANIMAL WELFARE COMMISSION
Sec. 5-95. Animal eantFel commissie Animal Welfare Commission established; membership.
(a) A five -member Anima4 L~rsr.trol G^m mitis: --� Animal Welfare Commission is established.
(c) .... This selection shall not be based on political affiliations, but on interest in animal ear-
and
arand centfol 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 Irl 4w Man 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.
(c) Three (3) members of the Animal Gen4rel Commission 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, Dision of Animal Care and Centro' the Division
16
of Animal Welfare, the 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 Control Commis Animal Welfare Commission meetings
shall be maintained and regularly posted on the City's website for the Division of Animal GaF
and Division of Animal Welfare with electronic copies being sent to the Shelter
MaRage Resource Center Manager, the Law Department, the 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 Comm_issiotl pursuant to IC 5-14-
1.5-5.
Sec. 5-97. Duties and responsibilities of the animal eentrel eemff4v4en 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
Manage ; ....
(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
of Animal Welfare. Electronic notification of such determinations shall be sent to all
Aiiiinal Control Offieer-s Animal Welfare Officers and the South Bend Police
Department.
SECTION X. 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 n iii nal CaatFol Office Animal Welfare Officer in the
pursuit of his/her duties as an officer.
Sec. 5-106. [inpoundinew.
(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 Control Ogre.. Animal Welfare Officer shall leave
written notice.
17
(b) Animals so removed will be impounded and held at the Division of 'A '
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 Depai4mDivision of Animal Welfare. An animal may be held
longer if an extension is necessary for the Animal r'`^"''"^' Office 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 Care and G.-ntiof 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....
(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 nuke reclaim or make alternative housing arrangements. After the seventh (7 th ) day of
impoundment, the animals will become the property of the Divi&c+x-of Animali
EenAfel Division of Animal Welfare.
(d) Animals awaiting disposition by the courts shall remain in the custody of the Divis�
Animal Care andGent,.,, 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 Di-�44o*-4
Animal Care and Con 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.
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-�f
AniffW rata and r'^Division of Animal Welfare.
b. Bond must be posted at the Div_sien of Animal Gare and Cent el Division of Animal
Welfare in cash or certified funds only. The bond shall be deposited into the budget
for the Divisien of Animal Gffe and Con 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 kpimal
Care and Cen&ol Division of Animal Welfare.
(4) This section applies to any and all animals housed at the South
Care and Control Shelter Resource Center, or under the direction of the Souter
Division of Animal CaFe and Go Division of Animal Welfare at a remote facility,
irrespective of the agency that seized the animals.
18
(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 animal eme and
eentre ori Animal Welfare Officer, the return would not present a danger to the
public, continued or repeat public nuisance, or otherwise result in a violation of this
eChapter.
Sec. 5-107. Notice to owner.
(b)
(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 aminal -care •�s�iitrol�m, Division of Animal Welfare.
Sec. 5-108. Redemption.
(a) A person may reclaim an animal in the custody of the Division of Animal Care and Cents -el
Division of Animal Welfare upon providing the following:
(2) Payment of redemption fee and any other service/medical fees, as approved by the
sheltw Man Resource_ Center Manager.
(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 eChapter, upon its redemption by its owner, and prior to its release by the Divisien
e f. A ,,; nQ_ Care afid Ce ^1 Division of Animal Welfare, be implanted with a microchip
and registered for purposes of identification and recovery....
(b) Stray or at -large animals will be held three (3) business days at the
^„ate Division of Animal Welfare.
(c) Unclaimed animals become the property of the Division of Animal Care and Cent
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 Drone
(a) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform
any duty imposed by this eChapter 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 eChapter or State
law, the Agin.. r-',..,tfal Office 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 eChapter or any state law; provided that:
(b) In the event the Animal Control O f fic 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
19
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....
Sec. 5-111. Penalties.
(a) Violators shall be issued a citation and fined by a law enforcement officer or awl
eentr-ol o ffi Animal Welfare Officer as follows:
(b) Upon finding of violations of this eChapter, the City may seek injunctive relief through
the court which may order relinquishment of an animal(s) deemed to be a public safety risk
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 Di;zisien of Animal Fare and GontreA Division of
Animal Welfare for disposition.
(c) In the event that an animal is retained at the Division of Animal GaFe and Control
Division of Animal Welfare because its owner or harborer has been in violation of this
eChapter, the person redeeming the animal by paying the prescribed fees shall also be required
to pay the costs incurred by the Division of "iiimal Care and Control Division of Animal
Welfare for impoundment and caring for including but not limited to:....
SECTION XI. Chapter 5, Article 9 and 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 ArAffift!
Gage and Control Division of Animal Welfare.... 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 n;.. sten of Animal foam and r`...... --T Division of
Animal Welfare....
(d) The annual fee per working animal license or renewal shall be one hundred dollars ($100.00)
for carriage horses and ten dollars ($10.00) for riding horses; and shall be paid upon
submission of an application to the DiN,isien of Animal Care and Control 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 Depai#nent DiN,i. ien e f Animal ai-id
Control 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 GM Division
of Animal Welfare to enforce the provisions of this aArticle.
20
Sec. 5-123. Regulations,
(c) Certified weights of all horses and horse drawn vehicles shall be registered with the Divisio
of Animal_ _r_�we and conir^Division of Animal Welfare annually. At the discretion of the
Diyis:.,n of Animal Cam eAd G.,.,a fel 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.
(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., Wwith a copy on file with SBACC
SBARC.
(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 A imW Care andCoDivision of Animal Welfare shall be notified
immediately.
(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
horse business or may be ordered removed from work by the Divisairean of Animal Care-imd
Cent -Eel 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
21
during the presumed 48-hour recovery period; and provided to the Division of ".,;.,.,al C-,af
and Control Division of Animal Welfare upon request.
SECTION XII. 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.
Attest:
Member of the Common Council
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the clay
of , 2 , at o'clock . In.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock . In.
Mayor, City of South Bend, Indiana
22