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Home My WebLink About8485-94 Amending Section 5-1 & Section 5-49 of Chapter 5 Animals and Fowl ORDINANCE No. 8485-94 Passed by the Common Council of the City of South Bend, Indiana. April 11, 94 19 Attest: le ' City Clerk IRENE K. GAMMON L /Attest: f / _ALE.,■ / President of Common Council // Presented by me to the Mayor of the City of South Bend, Indiana_ April 12, 94 19 /C/s City Clerk IRENE K. GAMMON Approved and signed by me `'5-'- 19 9/ ` 4`• Mayor • • Bill No. Ordinance No. R4/8s---9 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING SECTION 5-1 AND SECTION 5-49 OF CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL". STATEMENT OF PURPOSE AND INTENT. This ordinance clarifies the definition of"dangerous animal" and the procedure addressing the issuance of"warning notices" which were last addressed in Ordinance No. 8467-94. It is believed that the following ordinance sets forth needed clarification which is in the best interests of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 1, Section 5-1 of the South Bend Municipal Code is amended in part to read as follows: Sec. 5-1. Definitions. (s) Dangerous animal means any animal which: 1. has, off of its owner's property, attacked another animal or livestock; or 2. has attacked or which has attempted to attack, unprovoked, any human being, whether on or off the owner's property; 3. has bitten any human being with said injury requiring stitches and the loss of blood; or 4. has bitten or attacked a person, causing wound or injuries creating a potential danger to the health or life of the victim; or 5. has a history documented with a public agency of biting or attacking humans or domestic animals; or 6. has a known propensity, tendency or disposition to attack, to cause injury, or otherwise threaten or endanger the safety of humans or domestic animals: or 7. is an American Pit Bull Terrier. However, no animal shall be considered a dangerous animal if injury or damage is inflicted by that animal upon a person or another animal if such person or other animal, at the time such injury or damage was sustained, was committing a willful trespass upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or • Animal Control Ordinance Page 2 assaulting the animal or was committing or attempting to commit a crime. This definition excludes K-9 patrol dogs or police dogs used by law enforcement agencies. (jj) Potentially dangerous dog means any dog that when unprovoked: (1) inflicts bite(s) on a human or a domestic animal either on public or private property, or (2) has a history documented with a public agency of biting or attacking humans or domestic animals, or (3) any dog with a known propensity, tendency or disposition to attack, to Section II. Chapter 5, Article 9, Section 5-49 of the South Bend Municipal Code is amended to read in part as follows: Sec. 5-49 Penalties for Violations. (a) Warning Notices for Pet Registration and Permits. (1) Persons who fail to have their dogs and/or cats vaccinated and registered pursuant to Section 5-19,or whose animal violates Section 5-1 (aa), or who fail to comply with the registration and permit article of this Chapter, or who violate any other provision of this Chapter shall may be served with a warning notice requesting immediate compliance. Only one (1) warning notice (verbal with documentation or written) may be given per year to an individual owner of such animal(s) who has failed to have their dog and/or cat vaccinated or properly registered with all other action(s) being subject to the stated fine herein. (2) Said warning notice shall state that the person is in violation of the City Code,, and that he the owner has seven (7) days in which to comply. The warning notice shall contain the date, time, name and address of the violator, the Code Section violated, nature of the violation, location of the violation,the name of the officer issuing the warning notice and the telephone number of the office to contact for information. (3) A list of all warning notices issued shall be compiled by the end of the last Friday of each month by the City or its agent listing in summary fashion the information set forth in the above paragraph. Copies of this list shall be dated and sent to the Legal Department, the Chairperson of the Health and Public Safety and the Chairperson of the Residential Neighborhoods Committees of the Common Council, Department of Code Enforcement and to the City Clerk's office. (b) Citations, and/or Hearings before the Code Enforcement Hearing Officer; Fines Payable Through the Ordinance Violations Bureau. (1) Any person served with a warning notice for failure to have their dog and/or cat vaccinated or registered, and/or who violates any other provision of this Chapter, and who fails to comply shall be immediately issued a citation which shall be subject to the citation procedures and/or a hearing before the Code Enforcement Officer. Citations shall contain the date, time, name, and address of the violator, the Code Section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the description of the citation. A summary listing of such citations issued to individuals previously issued warning notices shall be compiled by the end of the last Friday of each month by the City or its agent, with Animal Control Ordinance Page 3 copies of the same being sent to the individuals identified in paragraph (a) (3) herein, with such information being provided to the Animal Control Commission immediately prior to their quarterly meetings for review and comment. In addition to having a citation issued, the City may require the person who has failed to comply with the warning notice to appear before the Code Enforcement Hearing Officer with proper notice of the same being issued to the violator, unless an appeal hearing before the Animal Control Commission is scheduled as further addressed in § 5-3 of this Chapter. Section III. This ordinance shall be in full, force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common i ncil Filed in Clerk's Office 1 st READING 3/S • /9 MAR 2 3 1994 PUBLIC HEARING y1/4//!e-/ 3 rd READING /1( l 9 CLER IRENE d�AMMO NOT APPROVED CITY CLERK,SO.BEND,IN. REFERRED PASSED /1/ ( 9 SL '1��,4'SOUTIi 8 -,. ° \```' III; City of South Bend F., �` .Vii% _1,�; 7'',�j - . Common Council o' _ County-City Building•South Bend,Indiana 46601 1865 ,,,��''�� (219)235-9321 Fax(219)235-9173 Ann Puzzello March 22, 1994 President Cleo Washington Members of the Common Council Vice-President 4th Floor County City Building South Bend,Indiana 46601 Roland Kelly Chairperson,Committee RE: Housing-keeping Amendments the Animal Control Ordinance of the Whole Dear Council Members: Stephen Luecke On February 21, 1994, the Common Council passed a comprehensive Animal First District Control Ordinance, namely Ordinance No. 8467-94 which was eleven (11) pages Cleo Washington in length. Second District It has come to our attention that two (2) house-keeping amendments are necessary Roland Kelly in order to further clarify that ordinance. Accordingly, the attached Bill amends Third District Section 5-1 and Section 5-49. Ann Puzzello Thank you for your consideration. Fourth District Sincerely, Linas Slavinskas Fifth District Thomas Zakrzewski Sixth District Councilmember Thomas Zakrzewski Sixth District cc: Kathy Dempsey,Director of Code Enforcement Sean Coleman At Large Loretta Duda At Large Eugene Ladewski At Large Kathleen Cekanski-Farrand Council Attorney finmmittEr 39rpnr can tile Qtntnntnn @tonnrtt of tip Q1ttg of Onut1! rtch: Your Committee of the Whole to whom was referred _ .- BILL NO. 31-94 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 5-1 AND SECTION 5-49 OF CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "ANIMALS AND FOWL" . • Respectfully•report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Roland Kelly Chairman