HomeMy WebLinkAboutAmending Chapter 5 of the Municipal Code Animal & Fowl ORDINANCE No. 7967-89
Passed by the Common Council of the City of South Bend, Indiana
February 27, 89
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Attest: u-�-� City Clerk
IRENE K. GAMMON
Attest: L .�'` / President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 28, 89
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City Clerk
IRENE K. GAMMON
Approved and signed by me March 2 ig 89
407A4/44- Mayor
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BILL NO.
ORDINANCE NO. 'R ',, tf -
AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE
OF THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS "ANIMAL AND FOWL" .
STATEMENT OF PURPOSE AND INTENT
The Common Council for the City of South Bend finds it
necessary to amend Chapter 5 of the Municipal Code of the City South
Bend in order that the fees authorized thereunder more accurately
reflect the cost to the City of providing animal control and
licensing services and to allow for the more efficient operation and
provision of such services.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL FOR THE CITY
OF SOUTH BEND, INDIANA THAT:
SECTION I . That Chapter 5, Article 4 . 5, Section 5-27(b) of the
Municipal Code of the City of South Bend is amended to read as
follows:
(b) The owner of an American Pit Bull Terrier or any other
potentially dangerous dog shall apply to the City
Controller' s' office or the City' s duly authorized third
party for the licensing of said dog. 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 dog.
( 3 ) One ( 1) copy of a registration certificate issued
for said dog by the U.K.C. and/or A.D.B.A. , if
available.
( 4) One ( 1) copy of the current immunization and
health records for said dog.
( 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 dog.
( 6) Two ( 2) photographs of said dog taken not more
than one ( 1) month before the date of the application.
One ( 1) photograph shall be a front view of the dog and
one ( 1) photograph shall be a side view of the said
dog.
( 7 ) If said dog 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
dog.
( 8 ) A licensing fee of twenty-five-deiiars-4$25 788}
fifty dollars ( $50.00) . ;-hewever;- n-fire-event-that-an
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SECTION II . That Chapter 5 , Article 6 , of the Municipal Code of
the City of South Bend is amended to read as follows:
Section 5-33 . Impounding procedures.
(a) All animals found to be large, stray or being a
nuisance may be taken by the police, animal control officer,
or humane officer and impounded.
(b) If any dangerous, ferocious or vicious animal found at
large cannot be safely taken up and impounded, such animal
may be tranquilized, slain or humanely euthanized to prevent
undue suffering, by a police officer, animal control officer
or humane officer.
(c) Impounded dogs without City tags ( licenses) must be
kept for a reasonable period of time but not less than two
( 2) days, excluding Sunday, before being adopted out or
euthanized after their impoundment.
(d) Impounded dogs with City tags ( licenses) shall be kept
for not less than five ( 5) days, excluding Sunday, to permit
their owners to claim them. After the expiration period of
time has elapsed, these dogs may be placed for adoption or
euthanized if their owners have not claimed and paid the
required fees.
(e) All other impounded animals (except dogs which are
specifically covered herein) shall be under the authority of
the animal shelter. The animal shall be held at least one
( 1) day, after which time the animal shelter shall have the
authority to take whatever action is necessary with regard
to adoption or euthanasia for such animals.
(f) An owner reclaiming an impounded animal shall pay to
blue-amimai-shelter-a-fee-ef-fifteen-debars-f$I5-88}-pits
seven-deiiars-f ftapeumeled-fer-feed7-15eard7-arid-reiated-expensesT-bearel aril-reiateel-expenses- to the
City or its designee the appropriate redemption fee, total
daily boarding fee, and any expenses incurred for routine
vaccinations of the animal, veterinary services, all
applicable permit and licensing fees, and any other charge
reasonably necessary and incurred for the benefit of the
animal.
(g) No unlicensed dog shall be released from an animal
shelter without a license being issued in accordance with
this eChapter, including the prepayment of the appropriate
licensing fee and, in the case of American Pit Bull Terrier
or any other potentially dangerous dog, the license
application requirments 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 may be
released upon presentation by the dog owner of a receipt
showing 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, 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
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(h) An owner redeeming an impounded licensed animal, or an
animal not required to be licensed under this Chapter, shall
pay no redemption fee to the City or its designee on the
first occasion of any animal belonging to that owner being
impounded, before such animal is released to the owner by
the animal control agency. An owner redeeming a licensed
impounded animal, or animal which is not required to be
licensed under this Chapter, shall pay to the City or its
designee a redemption fee of ten dollars ( $10.00) on the
second occasion that an animal belonging to that individual
is impounded, before such animal is released to him by the
animal shelter. An owner redeeming an impounded animal
which is required by this Chapter to be licensed but which
was not licensed at the time of the impoundment shall pay to
the City or its designee a redemption fee of twenty dollars
( $20.00) before such animal is released by the animal
shelter. The redemption fee for any impounded animal shall
increase by an additional twenty-five dollars ( $25.00) per
impoundment for each subsequent time within a three-month
period that the same or any other animal belonging to the
same owner may be impounded.
(i) Upon the election of the City to enter into such an
arrangement, and upon the execution of an agreement setting
forth the terms of such an arrangement, any animal shelter
designated by the City to perform animal control services
for the City is empowered to collect ' all licensing and
redemption fees for the City and shall account to the City
and pay over all such fees to the City Controller at the end
of each month.
fh}( j ) Nothing contained herein shall limit the animal
shelter' s authority to take whatever action is reasonably
necessary to deal with a sick or injured animal.
SECTION III . That Chapter 5, Article 8 , Section 5-45(b) of the
Municipal Code of the City of South Bend is amended to read as
follows:
Section 5-45. Licenses; term.
(b) Licenses and permits are to be issued for a term of one
( 1) year eet meneirt -with effective from the first day of
February and-expiring-at through midnight ea of the last
day of the Iieensiag-geried following January, inclusive,
and may be purchased during the months of February and March
or within 30 days of acquiring the animal, whichever is
later. After February March 31, all applicants will be
required to pay an additional five dollars ( $5.00) for each
license or permit required; provided, however, that
circuses, carnivals, performing animal acts, or exhibitions
shall be exempt from the penalty.
SECTION IV. That Chapter 5, Article 8, Section 5-47 of the
Municipal Code of the City of South Bend is amended to read as
follows:
Section 5-47 . Fees.
(a) In addition to all other fees required by law to be
paid, the following fees shall be paid:
Each altered dog $ 2.00
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( 1) Application for a pet registration must
be made within 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 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.
(b) Pet shop permit:
Fee $100 . 00
{ 1} Permit will be issued after inspection
approved by Code Enforcement Department
and/or Board of Health and verification of
same submitted to Controller' s Office.
(c) Circus and carnival permits:
Fee As set forth in Section 4-22 .
SECTION V. This ordinance shall be in full force and effect upon
passage by the Common Council, signature of the Mayor, and legal
publication.
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el•er, South :end , den Council
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;'u;. \\ ��,, % o City of South Bend
l// ,;___- -)1.1ZI, Joseph E. Kernan, Mayor
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Department of Code Enforcement
Patricia E. DeClercq Jack A. Mathews
Director Building Commissioner
February 7, 1989
Members
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Re: Bill to Amend Chapter 5 of the South Bend Municipal Code
Dear Councilmembers,
I am attaching for filing a bill amending Chapter 5 of the South
Bend Municipal Code. The intent of this bill is to amend the fees
authorized by Chapter 5 so that such fees more accurately reflect the
cost to the City of providing dog licensing and animal control
services. The bill has my approval and support as well as that of
City Controller Katherine Humphreys, whose department administers the
City' s animal licensing program.
Please feel free to call if you have any questions.
SincAll
y,
c„t,u,t4,, -F bOge_e_e
Patricia E. DeClercq
Department of Code Enforcement
County-City Building • South Bend, Indiana 46601 • 219/284-9486
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Your Committee of the Whole
to whom was referred
BILL NO.
13-89 A BILL AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY
OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "ANIMAL AND FOWL."
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Steve Luecke
Chairman