HomeMy WebLinkAbout8467-94 Amending Various sections within Chapter 5 Animals & Fowls ORDINANCE No. 8467-94
Passed by the Common Council of the City of South Bend, Indiana.
February 21, Ig 94
Attest: City Clerk
IRENE K. GAMMON
Attest: 'LLAMff ` President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana—
February 22, 19-94—
City Clerk
IRENE K. GAMMON
Approved and signed by me 31.1 Ig�
- 4u+46e." Mayor
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Substitute Bill No 10-94
Ordinance No.$467-q4
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING VARIOUS SECTIONS WITHIN CHAPTER 5 OF THE
SOUTH BEND MUNICIPAL CODE ENTITLED"ANIMALS AND FOWL".
STATEMENT OF PURPOSE AND INTENT.
The Common Council of the City of South Bend believes that animals that live
within the city limits deserve to have proper care. Therefore, in the interest of promoting
better animal care regulations, the Council passed Ordinance No. 7505-85 on August 19,
1985 which set forth comprehensive animal care regulations. That ordinance was then
amended by Ordinance No. 7791-87, and again in 1989 to further refine such regulations.
In light of the increasing concern over the safety and welfare of its citizens and the
pets which our residents have, the Council believes that our current regulations are in need
of amendment in order to enhance the overall welfare of both.
This ordinance would give the Animal Control Commission the authority to hear
appeals of a determination of whether an animal is a dangerous animal. It would also
require better reporting requirements of citation violators to the Commission as well as to
the City.
This ordinance would also require that cats be vaccinated and registered.In light of
the growing potential for the spread of rabies by such animals, such a regulation is a
reasonable regulation to avoid further public health and safety problems in this area.
Additionally this ordinance would improve local animal control by having cats or
dogs who are picked up in violation of Chapter 5,permanently identified with a microchip
identification tag. The ordinance also encourages responsible pet owners to consider
having their pets identified with a microchip identification tag with reduced registration fee
incentives. Pet owners over the age of fifty-five (55)years of age would also benefit from
the reduced registration fee incentive.
It is believed that the following ordinance sets forth reasonable regulations which
are 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 by the addition of the certain definitions to be added in alphabetical order and
relettering current defmitions as deemed necessary and clarification of current definitions as
follows:
Sec. 5-1. Definitions.
(p) Breeder means any person or for-profit business or corporation which harbors
dogs and/or cats and allows or causes those dogs and/or cats to procreate for the purpose of
selling said offspring.
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(s) Dangerous animal means any animal which:
1. has, off of its owner's property. attacked another animal or livestocks;
or
2. has attacked or which as 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
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
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.
(11) Provoked means to deliberately arouse,incite or excite.
(jj) _angerous deg animal means any deg animal 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 deg animal with a known propensity, tendency or
disposition to attack, to cause injury, or otherwise threaten or endanger the safety of
humans or domestic animals; or any American Pit Bull Terrier, but shall not include K-9
patrol dogs or police dogs or attack dogs.
(kk) Public nuisance means any animal or animals which:
(7) Trespasses on the private property of persons other than the owner of
the-deg: animal.
(rr) Unconfined potentially dangerous deg-animal means a potentially-dangerous
deg animal which is not securely confined indoors, or not under restraint, or not confined
in a securely enclosed and locked pen or structure upon the premises of the owner or agent
of such deg: animal.
Section II. Chapter 5,Article 2, Section 5-3 of the South Bend Municipal Code is
amended by the addition of the following paragraph (h) which shall read in its entirety as
follows:
Sec. 5-3 Establishment and Duties of the Animal Control
Commission.
(h) to hear appeals within five (5) working days (excluding holidays and
weekends)of an appeal being filed on the determination of that:
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(i)an animal is a "dangerous animal",as defined herein,and/or
(ii) a person or persons"provoked" an animal which resulted in a violation
of this Chapter.
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,and
the Department of Code Enforcement.
Section III. Chapter 5,Article 2, Section 5-4 of the South Bend Municipal Code
is amended to read in its entirety as follows:
Sec. 5-4. Membership And Quorum of the Commission.
The Animal Control Commission shall be composed of five (5)three (3) members
who shall be appointed,three (3) two (2) by the Common Council and o-(2) one (1) by
the Mayor:
(a)One(1) shall be a licensed veterinarian appointed by the Council;
(b)One (1) shall be an owner or operator of a kennel,cattery,petshop, zoological
park,or commercial animal establishment, appointed by the 'Council: and
(c) One(1) shall be an employee from the Code Enforcement Department appointed
by the Mayor.
Attendance of all three(3)members shall be required for a quorum.
Section IV. Chapter 5,Article 2, Section 5-6 of the South Bend Municipal Code
is amended to read as follows:
Sec. 5-6. Meetings. Agendas. and Minutes of the Commission.
Oa The Commission shall meet at-large on a quarterly basis each calendar year. At
the first meeting of each year it shall elect a Chairman Chairperson and other officers
deemed necessary. Emergency meetings may also be called by the Chairperson or Vice-
Chairperson at any time.with notice being provided as required by applicable state law.
(b) Copies of all Commission agendas shall be sent to the City Clerk's Office. the
Chairpersons of the Public Health and Safety Committee and Residential Neighborhood
Committee of the South Bend Common Council, and the Department of Code Enforcement
upon the call of a Commission meeting.
(c) Minutes of all Commission meetings shall be maintained with copies of the
same being sent, within ten (10) days following such meeting(s). to the City Clerk's
Office,the Chairpersons of the Public Health and Safety Committee and Residential
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Neighborhood Committee of the South Bend Common Council. and the Department of
Code Enforcement.
Section V. Chapter 5,Article 3, Section 5-8 of the South Bend Municipal Code
is amended by the addition of new paragraph(1)which shall read in its entirety as follows:
Sec. 5-8. General Animal Care:Regulations.
(k) Is properly restrained and not at large.
(1) Are not raffled,offered or given as a prize,premium or advertising device.
All persons are prohibited from provoking an animal, where the animal's resulting
behavior after such provocation, would result in the owner of said animal being in
violation of the requirements of this Chapter.
Section VI. Chapter 5,Article 3, Section 5-15 (a) of the South Bend Municipal
Code is amended to read as follows:
(a) Any person desiring to raise any of the following-named domestic animals or
fowl must have a minimum of five(5) acres in land:
(1) Cow,ox,cattle,cattle, or other livestock.
(2) Donkey, ass, burro, mule.
(3) Pig, swine, hog.,pot belly pig.
(4) Sheep.
(5) Goat.
(6) Chickens,roosters, geese, turkeys, ducks, or other fowl.
(7) Bees.
The maximum number of such animals which may be maintained on such property shall be
determined in light of current animal husbandry and veterinarian standards.
Section VII. Chapter 5, Article 3, Section 5-19 of the South Bend Municipal
Code is amended to read in its entirety as follows:
Sec. 5-19. Annual Vaccination of Dogs and Cats Required. 1
(a) No owner of any dog or cat shall keep or maintain a dog or cat over the age of
six (6) months unless it has been vaccinated by a licensed veterinarian with anti-rabies
vaccine.
(b) Annual Proof of vaccination shall be maintained by the owner for display if
requested by the City or its agents.
1 State law reference: Indiana Code §35-46-3-1,addresses harboring an animal over six(6)months of age and
the rabies immunization requirement.
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(c) Failure to comply with the provisions of this Section shall subject the owner of
said unvaccinated dog and/or cat to being issued an ordinance violation citation subjecting
the owner to a fine as set forth in Section 5-49 (d).
Section VIII. Chapter 5, Article 4, Section 5-23 of the South Bend Municipal
Code is amended by the inclusion of new (b)(29)which shall read as follows:
(29) Monitor lizard
Section IX. Chapter 5, Article 4.5, of the South Bend Municipal Code is
amended in part to read as follows:
Article 4.5 American Pit Bull Terriers, and Other-Potentially
.. and Dangerous Animals.
Sec. 5-27 Licensing.
(a) A person shall not own an American Pit Bull Terrier,or any ether-potentially
dangerous deg,- other dangerous animal for more than forty-eight (48) hours unless such
deg animal is licensed under this article or an application for licensing of such deg animal
under this article is pending. Persons who may disagree with his or her pet being
determined to be a dangerous animal,must file an appeal within said forty-eight(48)hours
of receiving notification of that designation.A person who violates this subsection is guilty
of an ordinance violation punishable by a fine of not less than-fifty dollars ($50.00)7,
payable through the Ordinance Violation Bureau.
(b) The owner of an American Pit Bull Terrier, :, . , .. - , .. . . . .
deg;or other dangerous animal shall apply to the City Controller's office or the City's duly
authorized third party for the licensing of said deg animal. The application shall be on a
form provided by the City Controller's office or the City's duly authorized third party and
shall be accompanied by all of the following:
(1) Verification of the owner's name and current address by way of
providing a photostatic copy of his or her driver's license.
(2)Proof that the applicant owns said deg animal.
(3)One(1)copy of a registration certificate issued for said deg animal by the
A.K.C. and/or A.D.B.A., if available: and applicable.
(4)One(1)copy of the current immunization and health records for said deg
animal.
(5) Proof that the applicant has insurance coverage of not less than three
hundred thousand dollars ($300,000.00) for any injury,damage or loss caused by said deg
animal.
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(6) Two (2) photographs of said deg animal taken not more than one (1)
month before the date of the application. One (1) photograph shall be a front view of the
deg animal and one(1)photograph shall be a side view of said deg animal.
(7)If said deg animal was previously licensed under this chapter, the name
and address of any previous owner and the number of the most recent license assigned to
said deg animal.
(8)A licensing fee of fifty dollars ($50.00).
(c) If the City Controller's office or the City's duly authorized third party is
satisfied of all of the following, said deg a shall be licensed if:
(1)The applicant is the owner or agent of the deg animal.
(2)The applicant is eighteen (18)years of age or older.
(3)The applicant agrees to inform the City Controller's office of any notice
or cancellation of the required liability insurance within forty-eight (48) hours of such
notice or cancellation.
(4)The applicant agrees to inform the City Controller's office of any change
of address, or change of ownership of said dogs animal.
(5) The applicant meets the other requirements under this article for
licensing.
(d)Upon licensing of said dog animal not previously licensed under this article, the
City Controller's office or the City's duly authorized third party shall assign a specific
license number of ownership to said deg animal, without duplication, which number shall
remain the same for the life of the deg animal. This number shall-may be tattooed en-and
on the inside and through the skin of a rear leg of said deg
animal the initial time said deg animal is licensed under this article. No further tattoos shall
be required upon renewal of said license. All licenses issued under this article shall expire
January thirty-first of each year. The tattooing shall be done by a veterinarian and shall be
made by the use of permanent tattoo ink. The tattoo shall be not less than one (1)inch long
and not less than one-quarter (1/4) inch high. The City Controller's office or the City's
duly authorized third party shall issue to the owner or agent of said dog a license or permit
in written form which includes the number of the license or permit, type of license or
permit,date of issuance and date of expiration.Additionally,a durable tag stamped with the
license or permit number and year of issuance shall be given along with a sign stating
"Beware Potentially Dangerous Deg Animal" which must be prominently and
conspicuously displayed by the owner of said deg animal where said dog animal i s
harbored and clearly visible from the street or alley immediately adjacent thereto. As an
alternative to the tattooing requirements described herein, the owner may elect to have the
animal permanently identified by a microchip identification tag with such identification
being done at the owner's expense.
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(e) The City Controller's office and/or the City's duly authorized third party shall
keep a permanent record of the name and address of the owner or agent of each such deg
animal licensed under this article and the number of ownership, name, breed, sex, color,
and two(2)photographs of each such deg animal so licensed. The City Controller's office
and/or the City's duly authorized third party shall furnish to any law enforcement agency a
true copy of these records upon request.
(f) The City Controller's Office and/or the City's duly authorized third party shall
keep the licensing records for said dogs animals licensed under this article separate from the
records for all other breeds of-dogs. animals.
(g) The pens or structures, and any devices used to secure dangerous animals
required by Section 5-28 shall be inspected by the City or its duly authorized agent at least
on an annual basis and upon a verified citizen complaint being filed regarding the
conditions of such pens or structures.
Section X. Chapter 5, Article 4.5, Section 5-28 of the South Bend Municipal
Code is amended in part to read as follows:
Sec. 5-28 Specific Regulations.
(a) Defacing tattoos. A person, corporation, club or organization shall not tattoo
any number over or upon the number tattooed on a deg animal pursuant to this article so as
to deface the number and prevent identification by the owner of the-deg animal. A person,
corporation, club, or organization who violates this subsection is guilty of any ordinance
violation punishable by a fine of not mere-than fifty dollars ($ 50.00).
(b) Notification. A person other than an Animal Control Officer who harbors or
holds in his or her possession a stray deg animal licensed under this article of which he or
she is not the owner or agent and does not report such possession to the South Bend Police
Department or the Department of Code Enforcement within four(4) hours after he or she
comes into possession of said deg animal is guilty of an ordinance violation punishable by
a fine of not more than fifty dollars ($50.00).
(c) Breeding.
(1) A person who intends to breed the American Pit Bull Terrier or other
potentially dangerous dog animal shall apply to the City Controller's office or the City's
duly authorized third party for a license to breed such dogs animals. The applicant shall
specify in the application the breed, age, sex and license number of each such dog animal
the person intends to use for breeding. The application shall be accompanied by a fee of
twenty-five dollars ($25.00); however,in the event that an application for license is made
after September first of each year, the fee shall be prorated to one-half(1/2) of the yearly
license fee. The applicant must address the following items when completing said
application:
a. Description of physical facilities where the breeding will take
place;
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b. Description of procedures to be used and followed which must
conform to standard animal husbandry practices;
c. Authorization to inspect said breeding facilities to ensure
compliance with this article and section 5-46 of this chapter.
d. Consent to comply with all zoning and public safety laws.
A breeder's license shall not be issued to anyone convicted of any of the offenses to
animals set forth in I.C. section 35-46-3-1 et seq.
(2) If the City Controller's office or the City's duly authorized third party is
satisfied that the applicant meets the requirements under this article, he shall issue a City
breeder's license to the applicant.
(3) The licensee must notify the City Controller's office or the City's duly
authorized third party of the birth of all offspring of such dog animal within forty-eight(48)
hours of such birth(s).
(4) A person shall not breed such dogs animals unless the person is
licensed under this subsection as a City breeder. A person who violates this subsection is
guilty of an ordinance violation punishable by a fine of not less than fifty dollars ($50.00).
(d) Pens or structures. A person who owns an American Pit Bull Terrier, or any
other or dan erous animal shall{have such dog animal-securely
confined and restrained indoors and/or provide a securely enclosed or locked five-sided pen
or structure outdoors. This pen or structure shall be designed and maintained in a manner
so as to prevent said dog animal from escaping, attacking, biting or otherwise endangering
the safety of persons or domestic animals. All pens or structures must comply with all
zoning and building regulations of the City. All such pens or structures must be kept in a
clean, sanitary and healthy manner. A person who violates this section is guilty of an
ordinance violation punishable by a fme of twenty-five dollars ($25.00) for the first
violation with the same being paid through the Ordinance Violations Bureau, and all
subsequent offenses being punishable subject to a citation with a fme of fifty dollars
($50.00). .. . - . .. - .. .. .. .. .
(e) Change of Ownership. If a person sells or otherwise transfers ownership of a
deg-an animal licensed under this article, that person shall notify the City Controller's
office or the City's duly authorized third party within five (5) days of the sale or transfer,
excluding holidays and weekends, on a form provided by the City Controller's Office or
the City's duly authorized third party. A person who violates this subsection is guilty of an
ordinance violation punishable by a fine of net-MOM-than twenty-five dollars ($25.00) ,
payable through the Ordinance Violations Bureau,with both the former owner being issued
a citation for violation of this paragraph, and the new owner being cited for violating
Section 5-47 requiring pet registration.
(f) Fighting. A person shall not fight or bait, conspire to fight or bait, or keep,
train or transport for the purpose of fighting or baiting,any deg animal required to be
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licensed under this article. A person who violates this subsection is guilty of an ordinance
violation punishable by a fine of not more than two thousand five hundred dollars ($
2,500.00) and shall be reported to the County Prosecutor's office for prosecution under
I.C. section 35-46-3-8 et seq.
(g) Public property. An owner of an American Pit Bull Terrier or any other
animal shall not cause or permit a person less than eighteen (18)
years of age to walk,run, exercise or transport such deg animal on public property. Said
deg animal must be muzzled when walking, running, exercising or being transported on
public property by his owner or agent and must be kept under restraint by a leash. A
person who violates this subsection is guilty of an ordinance violation punishable by a fine
of not less than thirty-five dollars($ 35.00).
(h) Notification by owner/agent. The owner or agent of any deg animal required
to be licensed under this article shall notify the South Bend Police Department or the
Department of Code Enforcement within four (4) hours if said deg animal is running at
large, has been stolen, or has attacked a person or a domestic animal. A person who
violates this subsection is guilty of an ordinance violation punishable by a fine of not less
than fifty dollars ($ 50.00).
(i) Serious injury or death.
(1) If aeg animal required to be licensed under this article kills or causes
serious injury to a person,the owner of said deg animal is guilty of an ordinance violation
and shall be punished by a fine of not less than two thousand five hundred dollars ($
2,500.00). "Serious injury" means substantial bodily injury; injury that causes
disfigurement,impairment of health,or impairment of a bodily part which is caused by the
deg animal biting and which is medically documented. "Serious injury" shall not mean a
nip from a-degan animal,
(2) If deg-an animal required to be licensed under this article kills or
causes serious injury to a person, the ownership of said deg animal shall be temporarily
forfeited with the deg animal being humanely impounded,-if-possible,and held pending
disposition of the legal procedures instituted by the City for such violation. The owner
shall be responsible for the costs of caring for said deg animal during the period of
impoundment including, but not limited to, costs of boarding and veterinary treatment if
necessary.
(3) Upon conviction, or at the owner's request prior thereto, the owner's
right to possession, title, custody or care of said deg animal may be permanently forfeited
and said deg animal shall be euthanized in a humane manner.
(4) The owner oft-deg-an animal who kills or causes serious injury to a
person who is found guilty of criminal trespass as heretofore described shall not be subject
to the violation provisions set forth herein.
Section XI. Chapter 5, Article 4.5, Section 5-29 of the South Bend Municipal
Code is amended in part to read as follows:
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Sec. 5-29 Article To Be More Restrictive.
(a) Due to the overriding public health and safety concerns related to the American
Pit Bull Terrier, or any - .• •. - •. • • • • • , other dangerous animals, the
provisions of this article are purposely intended to be reasonable regulations, yet may be
more restrictive than regulations found in other sections of this chapter.
Section XII. Chapter 5, Article 5, Section 5-32 of the South Bend Municipal
Code is amended in part to read as follows:
Sec. 5-32 Notice of Pet License Required.
(a) Any resident of the city who adopts a dog or cat from the humane society,
animal care facility or any not-for-profit agency,or who purchases a dog or cat from a for-
profit business or organization, must be given a copy of the form entitled"Pet Registration
Required."
(c) Such forms shall be in triplicate form with the original being sent to the City
Controller or his designee by the selling or adopting facility within ten (10)days of date of
purchase or adoption, the first copy being kept by the dog or cat owner, and the second
copy being kept by the selling or adopting facility. The form shall include the name and
address of h>e owner, description of animal, proof of rabies vaccination, information
regarding sterilization and the name and address of the seller or adopting agency.
Section XIII. Chapter 5,Article 6, Section 5-33 of the South Bend Municipal Code
is amended in part to read as follows:
Sec. 5-33. Impounding Procedures.
(a) All animals found to be at large, stray, abandoned,or being a nuisance may be
taken by the police, animal control officer,or humane officers and impounded.
(c) Impounded dogs and cats without City tags (licenses/registrations) must be
kept for a reasonable period of time but not less than two (2) days, excluding Sunday
holidays, before being microchipped and adopted out, .or euthanized after their
impoundment.
(d) Impounded dogs And cats with City tags (licenses/registrations) shall be kept
for not less than five (5) days, excluding Sunday and holidays, to permit their owners to
claim them. After the expiration period of time has elapsed, these dogs and cats may be
placed for adoption or euthanized if their owners have not claimed and paid the required
fees. All such dogs and cats which are claimed by their owners.and all such dogs and cats
which are adopted. shall be permanently identified with a microchip identification tag with
the expense of the same being paid by the owner.
(e) All other impounded animals (- - . • •• - • ' ••
herein-) shall be under the authority of the animal shelter. The animals shall be held at least
one(1)day, after which time the animal shelter shall have the authority to take whatever
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action is necessary with regard to adoption and microchipping, or euthanasia for such
animals.
(g) No unlicensed dog or cat shall be released from an animal shelter without a
license being issued in accordance with this chapter, including the prepayment of the
appropriate licensing fee and, in the case of American Pit Bull Terriers or any other
petentially-dangerous-degs,animals, the license application requirements of section 5-27
(b). However, because proof of current, effective rabies vaccination is required before the
license may be issued,if the shelter does not have licensed veterinarian services on site to
administer the required rabies vaccination the dog or cat may be released upon presentation
by the dog or cat owner of a receipt showing the prepayment of a veterinarian's charges for
such vaccination,and must be vaccinated for rabies by a licensed veterinarian within forty-
eight(48) hours, excluding Sundays and holidays, after such release, and the owner shall
supply proof of the same to said shelter within seventy-two (72)hours after the release, at
which time the license tag shall be issued. Failure of the animal owner to obtain such
vaccination after such release shall constitute a breach of the release agreement and entitle
the City or its designee to regain possession of the animal.
(k) All impounded dogs and cats claimed by their lawful owner shall be required to
pay.in addition to other fees incurred,the cost of having said animal permanently identified
with a microchip identification tag.
(1) All impounded dogs or cats which will become adopted shall be permanently
identified with a microchip identification tag. with the cost of the same being paid by the
new owner.
(m) In the event that an animal is determined by the Citv's authorized agent to be a
dangerous animal as defined by this Article, the owner of said animal shall have a
maximum of forty-eight (48) hours from the date of said determination being made to
comply with the licensing provisions set forth in Section 5-27.unless the owner exercises
his or her right of appeal of said determination within said period of time. If said owner
fails to comply. the City shall assist the authorized agent to impound said animal upon a
proper warrant being issued.
(n) The City's duly authorized agent may impound an animal of any owner or
agent who willfully fails to apply for a license or fails to comply with all applicable
regulations described within this Chapter. within seven (7) days of receiving notice of the
same.
Section XIV. Chapter 5, Article 7, Section 5-35 of the South Bend Municipal
Code is amended to read in its entirety as follows:
Sec. 5-35. Pet Dog and Cat Registration: and Microchip
Identification Tags.
(a) Any person owning, keeping, harboring or having custody of any dog or cat
over the age of six (6) months must obtain a pet registration for such animal; provided,
however,that no pet registration shall be required of any animal welfare organization,
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municipal animal control facility or governmental agency or guide dog. Animals belonging
to those agencies or person will be issued complimentary registration tags.
(b) A durable tag stamped with to registration number and year of issuance will
be provided to pet registration holders for each registration granted. Dogs and cats over the
age of six (6) months must wear their tags at all times on their collars, except when
involved in any organized show,obedience demonstration,training situation under the care
of a licensed veterinarian:, or if said animal has been permanently identified with a
microchip identification tag. The costs of all microchip identification tags shall be paid by
the owner of said animal to be permanently identified.
Section XV. Chapter 5, Article 8, Section 5-47 (a) of the South Bend Municipal
Code is amended to read in its entirety as follows:
Sec. 5-47 Fees.
(a) In addition to all other fees required by law to be paid, the following annual
fees shall be paid whereby a tag will be issued verifying that their cat or dog has been
properly vaccinated pursuant to Section 5-19:
Each altered dog or cat $ 2-700 5.00,
Each unaltered dog or cat $ 10.00
Except that upon presentation of a
statement from a veterinarian saying
that alteration shall constitute a threat
to the health of that animal $ 5.00
Replacement tag $ 5.00
Each dog or cat provided with a microchip identification tag..$20.00
For each dog or cat which has a microchip identification
identification tag.the costs shall be as follows:
Each altered dog or cat $ 4.00
Each unaltered dog or cat $ 7.00
Except that upon presentation of a statement
from a veterinarian saying that alteration shall
constitute a threat to the health of that animal $ 5.00
Replacement tag $ 5.00
Pet owners who are fifty-five (55)years or older and disabled persons utilizing a dog or cat
shall pay the amount of the annual fees listed for each cat or dog which has be
microchipped. Fees paid to have a dog or cat
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provided with a microchip identification tag shall be divid as follows: $15.90 to the duly
authorized third party of the City providing such service. and$5.00 to the Ci(v.
(1) Application for a pet registration must bbe pads-thin thirty (30) days
of acquiring a dog over the age of six (6) months, or within thirty (30) days of the date in
which a puppy or kitten attains the age of six(6)months.
(2) This requirement will not apply to nonresidents keeping an animal
within the City for not more than thirty (30)days.
(3) Failure to comply with the provisions of this Section shall subject the
owner of said dog and/or cat to being issued an ordinance violation citation subjecting the
owner to a fine as set for in Section 5-49 (d).
Section XVI. Chapter 5, Article 9, Section 5-49 of the South Bend Municipal
Code is amended to read in its entirety as follows:
Sec. 5-49 Penalties for Violations.
(a) Warning Notices for Pet Registration and Permits.
al Persons who fail to have their dogs and/or cats vaccinated registered
pursuant to section 5-19, ; - ; - :.-..-:• •: : - :. :.: , or who fail to comply
with the registration and permit article of this chapter, ; ; ; : - .. . - . : • ;
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.
al 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.
al 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 ; - . • 0.= - ;Fines.
Payable Through the Ordinance Violations Bureau.
•
•
Animal Control Ordinance
Page 14
(1) Any person served with a warning notice for failure to have their dog and/or
cat vaccinated or registered and who fails to comply shall be immediately issued a citation.
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 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.
(2) Any person who violates any of the following sections:
1-5-8
§.5-9 Sale of Baby Rabbits, Chicks,or Fowl Prohibited: Exceptions.
§ 5-11 Animals in Motor Vehicles.
§ 5-13 Trapping of Animals Restricted.
§ 5-14 Maximum Number of Dogs or Cats Per Household.
05
§ 5-16 Animals in Heat.
§ 5-17 Owners or Agents Responsible for Removing Animal Wastes,or
§ 5-26 Interference with Humane Officer Prohibited.
shall be subject to a citation of fifteen ($15.00) per violation, which shall be payable
through the Ordinance Violations Bureau, and/or may be also subject to a hearing before
the Code Enforcement Hearing Officer.
(c) Any person who violates section 5-12 "Poisoning of Animals", shall be subject
to a citation of fifty dollars ($50.00) per violation:, which shall be paid through the
Ordinance Violations Bureau.
(d) For all other violations of this chapter and its provisions including but not
limited to § 5-8 General Animal Care Regulations, & 5-15 Acreage Requirements for
Certain Domestic Animals,and 5-19 Annual Vaccination of Dogs and Cats Required, and
§ 5-47 Fees,unless otherwise specified,citations shall be issued with fines shall-net-be
Animal Control Ordinance
Page 15
- . . - - :. '. .!1 of twenty five dollars ($ 25.00) for the first offense,
! 1! - - - - and fifty dollars ($ 50.00) for each
offense thereafter.
(e) In the event that an animal is retained at the shelter because its owner has been
in violation of this chapter,the person redeeming the animal by paying the fine shall also be
subject to paying for medical bills incurred for routine shots for animals if required,
boarding fees,the costs of permanent identification through a microchip identification chip
if required by this chapter,and all applicable permit fees.
(f) Violators, upon conviction, may be given the opportunity to work in a
community service program such as a humane society and/or participate in a humane
education program,if so recommended by the Court.
(g) In addition to the citation procedure. a fine up to two thousand five hundred
dollars ($2.500.00) may be imposed for individuals violating the Sections 5-8. 5-12. and
5-19. Any person who violates any provision of this Article three (3) or more times per
calendar year shall be fined up to two thousand five hundred dollars ($2.500,00) for all
such violations upon a court of competent jurisdiction fording said owner to be in violation
thereof.
Sec. XVIII. 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.
------
1`. ,��
Member of the Co ',''vg n Co , it
1st READING off'- 7'-i - 9 i
PUBLIC HEARING o).. a* - q tf
3 rd READING oc_a,1 - `Y/
NOT APPROVED
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°� �`'''�'�'''%���- City of South Bend
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\E\ AEy Common Council
County-City Building•South Bend,Indiana 46601
1865
a 00
(219)235-9321
February 9, 1994 Fax(219)235-9173
Stephen Luecke Members of the Common Council
President 4th Floor County-City Building
South Bend,Indiana 46601
Eugene Ladewski
Vice-President Re: Bill No. 10-94
Thomas Zakrzewski Animal Control Regulations
Chairperson,Committee
of the Whole Dear Council Members:
I am pleased to introduce a proposed ordinance which would amend our current
animal control legislation. As you are aware, a series of informal meetings have
Stephen Luecke taken place since late 1992 to receive input on this topic. I have met with members
First District of the Police Department, the Code Enforcement Office, and the Humane Society,
and have patiently listened to the concerns of animal owners. The overall purpose
Cleo Washington in developing these proposed amendments are two-fold,namely:
Second District
Roland Kelly * that the City must continue to take reasonable steps to
Third District enhance responsible animal ownership, and
Ann Puzzello ** irresponsible pet owners should be made accountable in
Fourth District being required to pay part of the cost of animal control in our City.
Linas Slavinskas In that spirit, this Bill is introduced for your comment and review. This Bill, if
Fifth District passed, would primarily focus on the following:
Thomas Zakrzewski 1. Definitions.
Sixth District
Sean Coleman It would define in clear English what is a"dangerous animal".
At Large
It would define in clear English the meaning of"provoked".
Loretta Duda
At Large 2. Animal Control Commission.
Eugene Ladewski
At Large (a) It would give authority to the Animal Control
Commission to hear appeals from citizens who believe that their
animal has been wrongly labeled as "dangerous" or "potentially
dangerous"; and to be the decision making body in determining whether a person
Kathleen Cekanski-Farrand "provoked" an animal. By having an appeal through the Commission (which is
Council Attorney currently required to have a licensed veterinarian and a licensed pet shop or licensed
kennel owner as two (2) of its five (5) members), we would have professionals
who have been trained in animal husbandry providing their expertise in making a
learned decision. In this way, the City would be eliminating the potential for guess
work, and would enhance the overall decision-making process.
Cover Letter for the Animal Control Ordinance
Page 2
(b) It would require Commission agendas to be sent to the City
Clerk's Office, the Chairpersons of the Public Health and Safety Committee, the
Residential Neighborhood Committee and the Department of Code Enforcement so
that information is better disseminated. It would also require minutes of such
Commission meetings to be sent to these same individuals.
(c) It would require the Department of Code Enforcement to send
monthly lists to the individuals listed in paragraph (b) of all "warning notices"
issued for first-time violators of the annual registration and vaccination
requirements. It would further require a summary listing of the follow-up citations
issued to all first-time violators who failed to comply with the previously issued
warning notice.
3. Cat Registration and Vaccination Required.
As nationally reported,
"...the number of rabies cases in cats exceeded that of any
other domestic animal..." (Special Reports, JAVMA, Vol. 201, No. 12, page 1836
December 15, 1992)
Because of the growing concern over rabies, I believe that it is good public policy
to require the vaccination and registration of cats.
The proposed ordinance would let the cat owner decide whether its pet
should wear the registration tag on a collar,or have the pet permanently identified
with a microchip identification tag. In this way, the pet owner makes the final
decision which he or she believes is in the best interest of their pet. All pet owners
however must be able to provide proof of such vaccination and registration whether
the animal wears a collar or not.
4. Microchip Identification Tags.
Microchips the "size of a grain of rice" can now be programmed with an
identification number and encased in material that will not harm an animal.
Microchips provide two(2)very positive features,namely they:
- allow breeders to identify animal that came from their businesses,
and
-to help lost animals return to their owners.
(The South Bend Tribune, January 7, 1993 "Shelter Using Microchips to Identify
Pets")
Owners of"potentially dangerous dogs" would also have the option of the
microchip or a tattoo,with the owner making the final decision.
•
Cover Letter for the Animal Control Ordinance
Page 3
5. Fines to Be Ear-Marked for Animal Control.
Preliminary discussions have taken place with the City Controller's Office,
to begin a "separate revenue account" which would be ear-marked for
the receipt of animal control fines. Since the Ordinance Violations Bureau
is the proper agency of the City to receive all such fine payments of$ 50.00 or
less, the violators would be held more accountable by offsetting,
through the payment of their fines, the cost of animal control,
currently paid by the City as a budgeted item. In this way, responsible
animal owners would benefit financially. Hopefully with more effective
regulations and improved enforcement procedures, a better check and balance will
result. Irresponsible pet owners will no longer be tolerated in our
City, and they must learn to become responsible.
I request that this proposed ordinance be sent to the Health and Pubic Safety
Committee and the Residential Neighborhoods Committee, for a joint Committee
review and recommendation. I plan to have experts in the area to testify before the
Committees and address any questions that you may have. I look forward to
hearing your comments on this proposed ordinance. I sincerely believe that it is
long overdue, and is in the best interests of the City and its pet owners who call
South Bend their home. Thank you.
S�rely,
Thomas Zakr ski /
Sixth District Council Member
Attachment