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Home My WebLink About16-20 Animal Welfare Suspension Ordinance .............. • :_ City of South Bend ( ) 574 235-9321 /, \ Fax(574) 235-9173 U ~t' Common Council TDD(574)235-5567 �.. PEACE http://www.southbendin.gov % `�► 441 County-City Building • 227 \\ . Irttcrson Blvd South Bend In an -466111:-< ' �� . . Clerk's Office I8 /'' APR 0 7 2020 Tim Scott South Bend Common Council I Apri 7, 2020 President 4th Floor, County-City BuildingDAWN M.JONES Karen L.White South Bend, IN 46601 I CITY CLERK, SOUTH BEND, IN Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH Sharon L. McBride BEND, INDIANA,ADDING CHAPTER 5, ARTICLE 10, SECTION 5- Chairperson,Committee 125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND of the Whole MUNICIPAL CODE SECTIONS 5-38(a)(2), 5-96(b) AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER Tim Scott OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY First District RESULTING FROM CORONAVIRUS DISEASE 2019 Henry Davis,Jr. Second District Dear Council Members: Sharon L. McBride As you know, the entire country, including the City of South Bend, is Third District suffering from a pandemic of Coronavirus disease 2019 (COVID-19). In Troy Warner response, the Governor has issued several Executive Orders which Fourth District essentially limit actions of governmental bodies to "Essential Government Jake Teshka Functions" as defined in the Executive Orders. Similarly, Mayor Mueller, on Fifth District March 19, 2020 declared a local disaster emergency. Sheila Niezgodski The South Bend Municipal Code establishes certain deadlines for actions by Sixth District the Animal Welfare Commission. Section 5-38(a) requires a public hearing Karen L. White within ten(10) calendar days after a determination that probable cause exists At Large to believe an animal is potentially dangerous or vicious. Section 5-97(5) requires the Animal Welfare Commission to hear appeals within ten(10) Rachel Tomas Morgan working days (excluding holidays and weekends) of any appeal of a At Large determination that an animal is deemed a"potentially dangerous animal, Lori K. Hamann and/or a person or persons alleged to have"provoked" an animal resulting in At Large a violation of Chapter 5. Furthermore, Section 5-96(b) requires the Animal Welfare Commission to meet at least once each month. This proposed ordinance suspends Sections 5-38(a),5-96(b)and 5-97.5 during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting from COVID-19. Although the Animal Welfare Commission is vitally important to the health and safety of the residents of South Bend,I do not believe that the actions identified above fall within the Executive Orders' definition of "Essential Government Functions". rr rNrr•r•rr.•r,• 04 5°STH 8a� City of South Bend (574) 235-9321 rt Fax(574)235-9173 fjIlU TDD 574 235-5567 ` PEACE J1J Common Council ( ) http://www.southbendin.gov 441 County-City Building • 227 W.Jefferson Blvd South Bend,Indiana 46601 I therefore ask that this proposed ordinance be scheduled for first reading at the Council's meeting on April 13, 2020. Due to the ongoing emergency, I also ask the Council to conduct the second and third readings of the ordinance on April 13, 2020. Thank you for your attention to this very important matter. I look forward to your support. Sincerely yours, Troy Warner, South Bend Common Council, Fourth District(Sponsor) Filed in Clerk's Office BILL NO. 16-20 APR 0 7 2020 ORDINANCE NO. 10716-20 DAWN M.JJONES CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, ADDING CHAPTER 5, ARTICLE 10, SECTION 5-125 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 5-38(a)(2), 5- 96(b)AND 5-97.5 FOR THE DURATION OF ANY STAY AT HOME OR SIMILAR ORDER OR ANY DECLARATION OF A LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS DISEASE 2019 STATEMENT OF PURPOSE AND INTENT Governor Eric J. Holcomb, in response to the Coronavirus disease 2019 ("COVID-19"), issued Executive Order 20-08 on March 23, 2020. That Executive Order, with specified exceptions, ordered all individuals currently living in the State of Indiana to stay home or their place of residence. Similarly, the Mayor of South Bend, on March 19, 2020 declared a local disaster emergency. This Ordinance suspends Sections 5-38(a), 5-96(b) and 5-97.5 during the duration of any Stay at Home or similar order by whatever name or the declaration of a local disaster emergency resulting from COVID 19. Section 5-38(a) requires a public hearing within ten (10) calendar days after a determination that probable cause exists to believe an animal is potentially dangerous or vicious. Section 5- 96(b) requires the Animal Welfare Commission to meet at least once each month. Section 5-97(5)requires the Animal Welfare Commission to hear appeals within ten (10) working days (excluding holidays and weekends) of any appeal of a determination that an animal is deemed a"potentially dangerous animal, and/or a person or persons alleged to have "provoked" an animal resulting in a violation of Chapter 5. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5, Article 10, Section 5-125 is added to the South Bend Municipal Code to read as follows: 5-125 Suspension of Certain Municipal Code Requirements The requirements Sections 5-38(a)(2), 5-96(b) and 5-97.5 shall be suspended for the duration of any Stay at Home or similar order by whatever name issued by the Governor of Indiana or the declaration of a local disaster emergency by the Mayor of South Bend resulting from Coronavirus disease 2019. Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Tim Scott, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend,to the Mayor of the Cityof South Bend, Indiana on the dayof 2020, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2020, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana