HomeMy WebLinkAbout10716-20 Animal Welfare Suspension Ordinance ORDINANCE No . 10716-20
Passed by the Common Council of the City of South Bend, Indiana
April 13, 20
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Attest: V City Clerk
Dawn M. Jones
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Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 13, 20 20
City Clerk
Dawn ,A lone.s.
Approved and signed by me Ail I:1 ' 7 20 ? '
Mayor
Filed in Clerk's Office
BILL NO. 16-20 APR 0 7 2020
ORDINANCE NO. 10716-20 DAWN M.JONES
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 - _ - from and after its
passage by the Common Council and approval of the Ma or.
Tim Scott, ouncil President
South Bend Common Council
Attest:
-.
Dawn M. Jones, City ClerW
Office ofthe CiY1rkt Clerk
Presented by me,the undersigned Clerk of the City of South Bend, to the Mayor of
the City of South Bend, Indiana on the day of , 2020, at
o'clock . m.
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Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed byme on the dayof ' , 2020, at
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o'clock
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Jam Mueller, Mayor
City of South Bend, Indiana