HomeMy WebLinkAbout10660-19 Ordinance to Amend Chapter 5, Various Articles: Responsible Animal and Pet Ownership Care and Control Regulations ORDINANCE No .
10660-19
Passed by the Common Council of the City of South Bend,Indiana
July 22, 20 19
Attest: /'�` City Clerk
Ka -emah N. Fowler
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 22, 19
20
• /1,4`--& City Clerk
Kare mah N. Fowler
Approved and signed by me V A� N3 20 11
gl
Mayor
SECOND SUBSTITUTE BILL NO.21-19
ORDINANCE NO. 10660-19
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 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.
Accordingly, Chapter 5 is updated with following five(5)name changes:
• SBACC (South Bend Animal Care and Control) is now SBARC (South Bend Animal
Resource Center).
• Animal Control Commission is now Animal Welfare Commission.
• Animal Control Officer is now Animal Welfare Officer.
• Division of Animal Care and Control is now Division of Animal Welfare.
• Shelter Manager is now Animal Resource Center Manager.
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 defmitions are each hereby deleted entirely and replaced with
revisions to read as follows:
(f) Animal Control Welfare Commission - - • -•- . . . . - --• • . means an
advisory Commission as established in dDivision III of this eChapter. This was previously
known as the Animal Control Commission.
(g)Animal Control 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
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animal control, care and disposition, as set forth in this chapter, and enforcement as used and
described throughout this Article. It is operated by and under the direct supervision of the
Director of the Department of Code Enforcement Department and the Shelter Manager Animal
Resource Center Manager.
(000) . : - -- . .. . • • - - . _ . - ... . .
- - - `' . . • -•- . . - . . . . SBARC(South Bend Animal Resource
Center) means the Animal Resource Center and the Division of Animal Welfare. The Animal
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) Animal Resource Center Manager means the Shelter Manager Animal
Resource Center Manager for the South Bend Animal Resource Center and
Care and Control. 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 • •-. . . . . . • e • 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 an-animal-shelter Animal Resource
Center providing temporary care to a foster animal.
(iii) Quarantining authority means the Department of Code Enforcement,
Care and Control 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
sState bBoard of aAnimal hHealth(BOAH).
(mm) Impoundment 8 U means to seize and place in to into the Animal Shelter Animal
Resource Center for the City of South Bend, 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. U
(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 C 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-to into the Animal
Resource Center .. . - : •• :, 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-eentrel-effteer 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 cum 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.
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(c) Any owner keeping an animal requiring grooming deemed by SBACC SBARC staff to
maintain humane standards of care must show proof 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 Care and Control
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 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 Care and Control 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 Caro and Control 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 Municipal 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 Bend 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 Animal-Control Commission 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 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 anima' control shelter Animal 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 . • -•- . . - . • . • : 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 department Animal Resource Center, 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.
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(d) With the exception of the SBACC 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 control officer 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 - - - • . - _. . - : : • -•- . . - . :
(SBACC)Animal Resource Center Manager of SBARC shall request a hearing by the Animal
ControlGe mission 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
Animal Welfare Commission and shall be open to the public. 29 U
(4) The _ • - - • • . - _. . - . • ••• . . - . • . _ : • Animal
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-Control
Commission 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 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 ntrel officer 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 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. 30 U
(d)
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(5) The enclosure shall be inspected and approved by the City of South Bend Division of
• -• . . - . 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 • ••••. . - . • .
Control Division of Animal Welfare.
(f)
(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 Control 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 City
of South Bend Animal Care and Control Animal 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 City of South Bend Division of Animal Care
and-Central 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. 1311
(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 Divisien-ef-Animal
Care and Control Division of Animal Welfare and immediately make the animal available for
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 • ••• • : 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. 32 U
(1) If the animal is quarantined at the shelter Animal 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 shelter Animal 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
Care and Control 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 Ofcer Animal Welfare Officer or veterinarian
shall euthanize or cause to be euthanized any animal suspected of being rabid except in cases
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of immediate self-protection. If that occurs, the person will retain the body and immediately
notify the Division of Animal Care and Control 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
`' ' •. . • -••• . . - . . • : 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 _: . • : -• : • •'-• . . - . . Animal 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 animal control shelter Animal Resource
Center may euthanize any domestic animal within the eCity 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 eCity, shall use only sodium
pentobarbital or a derivative substance for said purpose.
(d) The duly authorized Animal 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. 35 U Said person(s)
must have a letter from a licensed veterinarian citing their such person'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 Co tro' O eer 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
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 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 Gcat 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.
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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. 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 SBACC SBARC revocation. All requests for appeals must be in writing
and addressed to the Animal Control Commission 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 SBACC 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
SBAC—G 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 SBACC 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 regulations.
(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 cum 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
Care and Control 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 ` -.. •• • . • -•• . Division of Animal Welfare with
information on the birth of each litter of dogs or cats as may be required by Division-of
Animal Care and Control 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
(3) Further be required to register with the . • . . • .. : : Division
of Animal Welfare the name, address,and telephone number of each buyer or new owner
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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 e' ' . • -•- . . - . • . . 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
Care and Control 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
Care 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 ' ' a • •• . . - . : : 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 ' ' a • -•- . .. . : a Division of Animal
Welfare; and
(3) Furnish the `' ' . • • - . . - .. . a 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 Care and Control Division of Animal Welfare to register that litter of dogs or
cats with the `' ' -- . . - a 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 . • - - . - - • . a 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
e' ' . • -•- . . - . • . . 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
• -'--. . - . •: • : 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 often 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 !' ' : •.-•-• . . - - • - a 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.
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Sec. 5-65. Pet shop permit.
(c) The pet shop permit holder shall be further required to register with the
Care and Control 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 • •'•• . : e - 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 • •• . • : e - 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 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 puppies and kittens.
A puppy or kitten must be at least ten(10)weeks old and weaned before it maybe 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 - .. • : - . • ••• . . • . . • . the Animal 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 Welfare may euthanize any domestic animal within the eCity 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.
(d) The duly authorized Animal 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:
9
DIVISION 1. -SHELTER ANIMAL RESOURCE CENTER MANAGER
Sec. 5-90. Duties of shelter Animal Resource Center mManager.
(a) The Division of Animal Care and Control Welfare shall be operated by the Shelter Animal
Resource Center Manager.
(b) The Shelter Animal Resource Center Manager will be advised on matters of policy by the
Animal Control Welfare Commission.
(c) The duties and powers of the Director Shelter Animal Resource Center Manager are as
follows:
(2) To maintain and operate the Division of Animal Care and Control's shelter Welfare
which have been designated for the humane sheltering or protection and disposition of
animals into its custody.
(3) To purchase all necessary materials for the proper and efficient performances of the
services and work required of the shelter Animal Resource Center consistent with the
eCity's established purchasing procedures.
(4) To cause to be picked up and transported to SBACC SBARC all unwanted animals, all
animals illegally at large,and all sick,diseased,injured,lost,strayed,stolen or abandoned
animals.Those animals whose owners request be euthanized may be surrender the animal
to SBACC SBARC.The Shelter Animal Resource Center Manager shall determine if the
animal can be saved. In addition, any animal whose illness would pose a health hazard to
other animals or is injured so that it cannot rest comfortably for a minimum of three
business days may be destroyed immediately as so authorized by the Shelter Animal
Resource Center Manager or his/her authorized agent. If a possible owner is identified,
the agencies shall undertake reasonable efforts to notify the owner or caretaker of the
whereabouts of the animal and any procedures available for the lawful recovery of the
animal. These efforts shall include, but are not limited to, notifying the possible owner
by telephone, mail, and personal service to the last known address. Upon the owner's or
caretaker's initiation of recovery procedures, the agencies shall retain custody of the
animal for five (5) business days to allow for completion of the recovery process. All
other animals shall be kept at said shelter or place designated by said shelter for a period
of not less than three (3) business days to afford owners the opportunity to claim the
animal. After such period of time, unclaimed animals shall be placed in a suitable home,
retained at the shelter or released to an accepted rescue organization or euthanized.
Animals released to the shelter by their owners,or impounded animals not claimed within
the legal time become the property of the shelter and disposition may be made in
accordance with the criteria outline in this chapter. SBAGG SBARC shall not ban, bar,
limit or otherwise obstruct the adoption or transfer of any animal based on breed, breed
mix, age, color appearance or size.
(5) To ensure that no savable animal at .: • • = -- : •. - • . - • • - SBARC shall
be euthanized simply because the holding period has expired. Before an animal is
euthanized, to ensure that no savable animal at .:• - : -• : • -•- • - - -
SBARC shall be euthanized all of the following conditions must be met:
a. There are no empty cages, kennels, or other living environments in the appropriate
area of the shelter, keeping in mind the overall health and wellbeing of the animals
in SBACC SBARC's care;
g. The director of the agency Animal Resource Center Manager certifies he or she has
no other alternative.
(6) SBACC SBARC shall take appropriate action to ensure that all animals are checked for
all currently acceptable methods of identification, including microchips, identification
tags, and licenses. SBACC SBARC shall maintain continuously updated lists of animals
reported lost, and match these lost reports with animals reported found and animals in the
shelter. If a possible owner is identified, the agencies shall undertake reasonable efforts
to notify the owner or caretaker of the whereabouts of the animal and any procedures
available for the lawful recovery of the animal. These efforts shall include, but are not
10
limited to, notifying the possible owner by telephone, mail, and personal service to the
last known address. Upon the owner's or caretaker's initiation of recovery procedures,the
agencies shall retain custody of the animal for a reasonable period of time to allow for
completion of the recovery process. Efforts to locate or contact an owner or caretaker,
and communications with persons claiming to be owners or caretakers, shall be recorded
and be made available for public inspection for no less than three(3) years by submitting
a completed Public Records (APRA) Request. 393La.1
(7) To direct Animal Control Welfare Officers proceed upon public and private property in
accordance with the above criteria,in pursuit of animals believed to be in violation of this
Chapter. However, this authority does not extend to a privately owned structure or
enclosure without the consent of the owner, lessee or other occupant in control of the
premises or without other legal process or authority. Any animal pursued under this
section may be confiscated and held by the Division of Animal Care and Control Welfare
according to its rules and regulations. If an animal is confiscated without the knowledge
or consent of the owner or occupant of the premises,a notice shall promptly be affixed to
said premises in an obvious location, directing the occupant to contact the Division of
Animal Care and Control Welfare providing the address and telephone number of same
on said notice.
(8) To cause to be investigated all reports and complaints that are significant concerning
any inhumane treatment or negligent practices pertaining to animals and to submit a
written report that includes the disposition of the complaint and condition of the animal
to be reviewed by the Animal Control Welfare Commission. To cause to be impounded
at the Division of Animal Care and Control Welfare or suitable places designated by the
Division of Animal Care and Control Welfare all animals found in conditions adverse to
their health and safety.
(10) To employ all personnel necessary for the efficient performance of the duties required
of said-shelter the Animal Resource Center and Division of Animal Welfare.And require
certification of all Animal Control Welfare Officers as per state recommendations.
(11) To prepare and submit after review and comments of the Animal Control Welfare
Commission to the Common Council through the City Controller, an annual budget, for
its financing of its operations and performance of its duties.
(14) To prepare for the Animal central Welfare Commission quarterly reports on
performance,operation and intake/outtake metrics including adoption,rescue transfer and
euthanasia and any other statistics that the Animal Control Welfare Commission may
request.
(16) 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 Division of
Animal Care and Control Welfare.
(17) Shall adopt 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 Animal Resource Center and Division of Animal Care and Control Welfare.
(Ord. No. 10309-14, § I, 5-28-14)
Footnotes:
--- (38) ---
State Law reference—39 IC 5-14-3-1 through IC 5-14-3-10 sets for Indiana's "Access to Public
Records" state law.
11
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 COMMISSION ANIMAL WELFARE COMMISSION
Sec. 5-95. • •-. . - •• : - Animal Welfare Commission established; membership.
(a) A five-member • -'-- . • •- :- Animal Welfare Commission is established.
(c) .... This selection shall not be based on political affiliations, but on interest in animal ewe
and-control 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 Animal
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 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, ' ' • - - . . - . : the Division
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 Welfare Commission meetings
shall be maintained and regularly posted on the City's website for the . • ••• . . -
and Control Division of Animal Welfare with electronic copies being sent to the Shelter
Manager Animal 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-Control-Gommission 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 Shelter-Manager Animal 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
of Animal Welfare. Electronic notification of such determinations shall be sent to all
• -•- . • e - 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 Section 5-111 of the South Bend
Municipal Code are amended to read as follows:
Sec. 5-105. Interfering with enforcement.
12
No person shall interfere with an Animal Control Officer 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 Control Officer 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 ` -.. . .. -• . • -'•-. • : Division of Animal Welfare. An animal may be held
longer if an extension is necessary for the Animal Control Officer 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 Control 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 make reclaim or make alternative housing arrangements. After the seventh (7 th) day of
impoundment, the animals will become the property of the ' • ••••. • - .
Control Division of Animal Welfare.
(d) Animals awaiting disposition by the courts shall remain in the custody of the Division-o€
Animal Care and Control 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 Care and Control 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 Derision-of
• - . . - . 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
Care and Control Division of Animal Welfare.
(4) This section applies to any and all animals housed at the S: . • : --: `' •- - • •• •
Care and Control Shelter Animal Resource Center, or under the direction of the South
• . e' ' . • -• . . - . 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 d
control o fi er 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.
13
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 . - . . - . . • .• ' •. • 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 Control
Division of Animal Welfare upon providing the following:
(2) Payment of redemption fee and any other service/medical fees, as approved by the
Shelter Manager Animal 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 Division
of Animal Care and Control 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 Division of Animal Care
and Control Division of Animal Welfare.
(c) Unclaimed animals become the property of the Division of Animal Care and Control
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 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 • -- . e r - 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 • -'•-. e r - 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....
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 Care and Control Welfare fund.
(b) All money received by the Division of Animal rare and Control 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 of Animal Welfare's
special fund-raising projects shall be payable to the Division of Animal Care and Control
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. No
expenditure may be made from these funds unless first approved by the Shelter Animal
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.
Sec. 5-111. Penalties.
14
(a) Violators shall be issued a citation and fined by a law enforcement officer or animal
control officer 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 ' ':- • •'•- . . - Division of
Animal Welfare for disposition.
(c) In the event that an animal is retained at the Division of Animal Care 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 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
Care 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 ' : : • •• . - . - 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 ' • -•- . . - . : : 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 ` -.. •• - . . • ••• . .
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 Welfare to enforce the provisions of this aArticle.
Sec. 5-123. Regulations.
(c) Certified weights of all horses and horse drawn vehicles shall be registered with the Division
of Animal Care and control 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.
(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
15
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 SB4CC
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 Animal Care and Control Division 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 Division of Animal Care and
Control 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 :' ' ': • •• . ..
"n l-Gentrol 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.
Tim Scott, Council President
South Bend Common Council
Attest:
K eemah N. Fo e , City Clerk
Office of the City Clerk
Presented by me, the undersi ed clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the q a day of 'Z kt , 2019, at d2
o'clock p . m.
•7l.
OPilareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the (234day of 31,1 , 2019, at 3 o'clock
.m.
751(
Pete'Buttigieg, INjgcor
City of South Bend, Indiana
1st READING 1146112°11p
PUBLIC HEARING 19011076116
3 rd READING 02.6iq
NOT APPROVED
REFERRED
PASSED /10d (,33