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HomeMy WebLinkAboutAmending various Sections of Chapter 5 Commonly know as Animals and Fowl ORDINANCE No. 7791-87 Passed by the Common Council of the City of South Bend, Indiana August 24, xq 87 Attest: �`� �`-� City Clerk IRENE K. GAMMON Attest: President of Common Council 1 Presented by me to the Mayor of the City of South Bend, Indiana August 25, X987 `{' City Clerk IRENE K. GAMMON Approved and signed by me I 4 7lL ig �7 Mayor i C A 4 SUBSTITUTE BILL NO. 74-87 ORDINANCE NO. 7 7 7 /-0 0 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY KNOWN AS ANIMALS AND FOWL STATEMENT OF PURPOSE AND INTENT The Common Council acknowledges that on August 19, 1985, it passed Ordinance No. 7505-85 which updated and improved animal control regulations within the City of South Bend. The Council recognizes that reasonable and responsible animal regulations for those individuals who desire to own animals within the City is a necessity. It also recognizes that such regulations must take into consideration the concerns of surrounding residents and their desire to have a quality of life which is not impeded by potential animal nuisance problems. With the increasing public concern over unprovoked attacks on citizens of all ages by American pit bull terriers and other potentially dangerous dogs, the Common Council believes that the current animal regulations must be strengthened by the following amendments. The Council further believes that this ordinance sets forth reasonable regulations based upon vital public health and safety concerns . NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 5 , Article 1 , of the Municipal Code of the City of South Bend , Indiana, is amended in part to read as follows : Chapter 5 Animals and Fowl 1 Article 1. General Provisions Sec. 5-1 Definitions The following terms and phrases shall have the meanings set forth in this Article: (a) ABANDONMENT means to deposit , leave, drop off or otherwise dispose of any live domestic animal without providing immediate human care on any public or private property. (b) A.D.B.A. means American Dog Breeders Association. (c)0b3 AGENT means person(s) eighteen (18) years or older authorized by an owner to act in the owners behalf. X w } <_t' t , Y { � (d) A.K.C. means American Kennel Club. (e){.e} ALTERED ANIMAL means any animal that has been operated on to prevent it from procreating. (f),d). AMERICAN PIT BULL TERRIER means the breed of dog registered and described by the United Kennel Club (U.K.C.) and the American Dog Breeders Association (A.D.B.A.) as the American Pit Bull Terrier , also known as the pit bull terrier , and any cross-breed of the American Pit Bull Terrier ; but does not include the breeds known as the American Staffordshire Terrier, the Staffordshire Bull Terrier , the English Bulldog , the Bull Terrier, or the Bulldog , all of which are recognized by the American Kennel Club (A.K.C.). (g)(d) ANIMAL means any live non-human vertebrate creature, domestic, wild or exotic. (h)(.e4 ANIMAL CARE FACILITY means an agency charged with housing animals picked up in violation of this Chapter. (1)(44 ANIMAL CONTROL COMMISSION means the governing board. (j)-(g) ANIMAL CONTROL OFFICER means persons authorized to carry out the provisions of this Chapter. (k)ch. ANIMAL SHELTER means a facility operated by the City of South Bend , or any facility operated by a humane society, or facility operated by authorized agents for the purpose of impounding or caring for animals held under the authority of this Chapter or State law. 1.11(44 AT LARGE2 means any animal that is not under restraint . (m)fj. ATTACK DOGS mean dogs trained to attack upon command or those who have been trained to attack upon command or those who have been trained to attack. (n)fk) AUCTIONS mean any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this Chapter or State law. (o) BITE means to seize or cut with the teeth. (p) BREEDER means any person or for-profit business or corporation which harbors dogs, and allows or causes those dogs to procreate for the purpose of selling said offspring . (q)-(l) CIRCUS means and includes performances given by traveling companies on vacant lots with tents, or some other kind of temporary enclosure, where performances are given for a fee. Performances may include, but are not limited to: trained animal acts, races, feats of horsemanship, acrobatics, strength, trapeze acting , or clowns. Circuses and carnivals are also subject to the licensing provisions set forth in Section 4-22 of this Code. (r) CRIMINAL TRESSPASS3 means when a person who : (1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or his agent ; fT f r A (2) not having a contractual interest in the property, knowingly or intentionally refuses to leave the real property of another person after having been asked to leave by the other person or his agent ; (3) accompanies another person in a vehicle, with knowledge that the other person knowingly or intentionally is exerting unauthorized control over the vehicle ; (4) knowingly or intentionally interferes with the possession or use of the property of another person without his consent ; or (5) not having a contractual interest in the property, knowingly or intentionally enters the dwelling of another person without his consent . (s)(.m. DOMESTIC ANIMAL means any animal that is a member of one of the following species: Dog (Canis Familiaris) Cat (Fells Cattus or Fells Domesticus) Cattle (Bos Domesticus or Bos Taurus or Bos Indicus) Horse (Equus Caballus) Donkey (Equus Asinus) Pig (Sus Scroffa) Sheep (Ovis Aries) Goat (Capra Hircus) Rabbit (Oryctolagus Cuniculus) Mouse (Mus Musculus) Rat (Rattus Rattus) Guinea Pig (Cavis Procellus) Chinchilla (Chinchilla Langier) Hamster (Mesocriecetus Auratus) Gerbil (Gerbillus Gerbillus) Mink Cow or Ox (Bovine) Ferret and all domestic animals defined in I.C., 15-2.1-2-15. (t)E EXOTIC ANIMAL means any animal whose normal native habitat is not indigenous to the continental United States , excluding Alaska and Hawaii, except fish and fur bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and non-poisonous snakes and reptiles. (u)(-e•} EXPOSED TO RABIES means any human or non-human warm blooded mammal that has been bitten or in contact with any other animal known or reasonably suspected to have been infected with rabies. (v) FIGHT4 means a conflict between two (2) or more animals but does not include a conflict that is unorganized or accidental . (w)fp. FOWL means any kind of wild or domestic bird , excluding homing or racing pigeons, canaries, parrots, or similar types of birds kept in cages. (x).(q). GUIDE DOGS means dogs trained to assist the handicapped . F ri x� 1 ; within his home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three (3) consecutive days. (z)(s) HUMANE OFFICER(S) means any person(s) and/or agency designated by the State of Indiana, St. Joseph County, or the City, _ as a person(s) who is qualified to perform the duties required by the law of this City and State regarding animals. (aa) K-9 PATROL DOGS OR POLICE DOGS mean a professionall/ trained dog used b/ law enforcement officers for law enforcement purposes and activities. (bb)4). KENNEL means any premises wherein any person engages in the business of boarding, breeding, buying, letting or keeping of more than three (3) dogs for hire, training for a fee, or selling; and which is zoned for such commercial purposes. (cc) LEASH means a cord , chain, rope, strap, or other such physical restraint. (dd) MUZZLE means a device constructed of strong , soft material or a metal muzzle. The muzzle must be made in a manner which will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal. (ee) NIP means to pinch or squeeze with teeth with no breaking of skin or tissue. (ff).t4 OWNER means any person eighteen (18) years or older owning or harboring one or more animals. (gg)kix4 PERFORMING ANIMAL EXHIBITION means any spectacle, display , act, or event other than circuses, in which performing animals are used. (hh) .w). PET means any animal kept for pleasure rather than utility . (ii)0 . PET SHOP means any person , group of persons , partnership or corporation whether operated separately or in connection with another business enterprise. ( ii) 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 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).y) PUBLIC NUISANCE means any animal or animals which: (1 ) Interferes with passeFhyspassersby or passing vehicles . (2) Attacks other animals or persons. (3) Is at-large. 4 } ( 6) Causes foul or noxious odors which offend residents in the neighborhood. (7) Trespasses on the private property of persons other than the owner of the dog. ( 11)�e). RABIES VACCINATION means the injection, by a licensed veterinarian , of a dog , cat or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Board of Health. (mm)(-eta). RESTRAINT means the securing of an animal by a leash eF lead or securely confining it within the real property limits of its owner or agent. (nn).bb. RIDING SCHOOL OR STABLE means any place that has available for hire, boarding , and/or riding instruction, any horse, pony, donkey, mule or baiFewburro. (oo)-(ee) RODEO means a performance featuring bronco riding, steer wrestling , calf roping , greased pig contest , or bull riding . (pp) dd). STRAY means any animal that is not under restraint and or upon reasonable inquiry by a humane officer does not appear to have an owner. (qq) U.K.C. means United Kennel Club. (rr) UNCONFINED POTENTIALLY DANGEROUS DOG means a potentially dangerous dog 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 dog. (ss) UNPROVOKED means means without provocation ; lacking provocation, incitement or stimulation. �tti U . S . D . A . means United States Department of Agriculture. (uu)-(ee). VETERINARIAN means any person licensed and accredited to practice veterinary medicine in the State of Indiana. (vv)fff). VICIOUS ANIMAL means any animal that has, without provocation, attacked a human being or other animal , or an animal that by its behavior or physical condition constitutes an immediate and serious physical or health threat to human beings or animals, or any animal which has previously attacked or bitten any human being or other animal on two (2) or more reported occasions, or any potentially dangerous dog. (ww).(gg)}WILD ANIMALS means any animal not a domestic or exotic animal , with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in a wild state. (xx).hh). ZOOLOGICAL PARK means any facility, other than a pet shop or kennel displaying or exhibiting one or more species of non-domesticated animals operated by a person, partnership , corporation or governmental agency and is pFepeFtyproperly zoned for such use. CAP f.m T('?T TT /l. r w _ . t r Article 4A. Specific Regulations Governing American Pit Bull Terriers and Other Potentially Dangerous Dogs Sec. 5-27 Licensing of American Pit Bull Terriers and Other Potentially Dangerous Dogs. (a) A person shall not own an American Pit Bull Terrier or any other potentially dangerous dog for more than forty-eight (48) hours unless such dog is licensed under this Article or an application for licensing of such dog under this Article is pending. A person who violates this subsection is guilty of an ordinance violation punishable by a fine of not less that fifty dollars ($50.00) . (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 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.0 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 $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 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 dollars ($25.00) ; however , in the event that an application for license is made after September 1st of each year, the fee shall be prorated to one-half ( 1/2) of the yearly license fee. (c) If the the City Controller's office or the City's duly authorized third party is satisfied of all of the following, said dog shall be licensed if: (1) The applicant is the owner or agent of the dog. (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 � t (5) The applicant meets the other requirements under this Article for licensing. (d) Upon licensing of said dog 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 dog, without duplication, which number shall remain the same for the life of the dog. This number shall be tattooed on and through the ear of said dog and on the inside and through the skin of a rear leg of said dog the initial time said dog is licensed under this Article. No further tatoos shall be required upon renewal of said license. All licenses issued under this Article shall expire January 31st 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 DOG" which must be prominently and conspicuously displayed by the owner of said dog where said dog is harbored and clearly visible from the street or alley immediately adjacent thereto. — --- (e) The City Controller's office and 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 dog licensed under this Article and the number of ownership , name, breed , sex, color, and two (2) photographs of each such dog 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 the City's duly authorized third party shall keep the licensing records for said dogs licensed under this Article separate from the records for all other breeds of dogs. Sec. 5-28 Specific Regulations Governing American Pit Bull Terriers and Other Potentially Dangerous Dogs (a) Tattoos. A person, corporation, club, or organization shall not tattoo any number over or upon the number tattooed on a dog pursuant to this Article so as to deface the number and prevent identification by the owner of the dog. A person, corporation, club, or organization who violates this subsection is guilty of an ordinance violation punishable by a fine of not more 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 dog 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 dog is guilty of an ordinance violation punishable by a fine of not more than fifty dollars ($50.00). (c) Breeding. i 1 of each such dog 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 1st 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 ; (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. , 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 within forty-eight (48) hours of such birth(s) . (4) A person shall not breed such dogs 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 potentially dangerous dog shall be securely confined and restrained indoors and/or provide a securely enclosed or locked pen or structure outdoors. This pen or structure shall be designed and maintained in a manner so as to prevent said dog 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 fine of not more than five hundred dollars ($500.00) . — — --- --- (e) Change of Ownership. If a person sells or otherwise transfers ownership of a dog licensed under this Article, that person shall notify the the City Controller's office or the City's duly authorized third party within five (5) days of the sale or transfer on a form provided by the City Controller's Office or the City's duly authorized third party. A y. person who violates this subsection is guilty of an ordinance violation punishable by a fine of not more than twenty-five dollars ($25 .00) . — — -- --- t { thousand five hundred dollars ($2,500.00) and shall be reported to the County Prosecutor's office for prosecution under I.C. , 35-46-3-8, et seq . (g) Public Property. An owner of an American Pit Bull Terrier or any other potentially dangerous dog shall not cause or permit a person less than eighteen (18) years of age to walk, run, exercise, or transport such dog on public property. Said dog must be muzzled when walking, running, exercising or being transported on public property b/ 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 dog 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 dog 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 a dog reguired to be licensed under this Article kills or causes serious injury to a person, the owner of said dog is guilty of an ordinance violation and shall be punished ba 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 b/ the dog biting and which is medically documented. "Serious injury" shall not mean a nip from a dog. ( 2) If a dog reguired to be licensed under this Article kills or causes serious injury to a person, the ownership of said dog, shall be temporarily forfeited with the dog being humanely impounded, if possible, and held pending disposition of the legal procedures institued by the City for such violation. The owner shall be responsible for the costs of caring for said dog 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 dog may be permanently forfeited and said dog shall be euthanized in a humane manner. (4) The owner of a dog who kills or causes serious injury to a person who is found guilty of criminal trespass as heretofore defined shall not be subject to the violation provisions set forth herein. --- 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 potentially dangerous dogs , 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 . — — L N T f „ • _ _ .E t, 1 SECTION III. Severabi1it1. If any Section , subsection , sentance, clause, or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court of competent jurisdiction , such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION IV. Effective Date. In order to ensure proper notice to all citizens of the City of South Bend , Indiana, this Ordinance shall become effective October 1 , 1987, and be in full force and effect from and after its passage by the Common Council , approval by the Mayor, and legal publication. .., Are ember of the •ormon Council x CITY ®� SOUTH BEND ' ® pV � e ROGER O. PARENT, Mayor fQ l'I'�7(/r 0 :r�yi \, i;, 4' COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 w` r ,j V August 24, 1987 .K /sa41;B ' ® MEMORANDUM JOSEPH T.SERGE Area 219 284-9321 President EUGENIA BRABOY Vice President To: South Bend Common Councils ANN B.PUZZELLO �rc Chairman, Committee of the Whole From: Kathleen Cekanski-Farrand Re: Substitute Version - Bill No. 74-87 OSEPH T.SERGE First District SERGE Fi Proposed changes to Municipal Code, Chapter 5 EUGENIA BRABOY commonly known and "Animals and Fowl" Second District BEVERLIE J.BECK Third District ANN B.PUZZELLO Fourth District ROBERT G.TAYLOR 1) Results of the Public Safety Meeting and Subsequent Research Fifth District — and Discussions THOMAS ZAKRZEWSKI Sixth District JAMES V.BARCOME Pursuant to the August 19, 1987 meeting of the Public Safety At Large Committee where, by a 5-0 vote, Bill No. 74-87 was favorably AL B.PASZEK recommended to Council with various amendements, I would like to At Large highlight the specific amendments incorporated into the At Large ORDE substitute bill. It should be noted that since that meeting, I KATHLEENCEKANSKI-FARRAND have also had discussions and/or meetings with Councilman Beck, Council Attorney Patricia DeClercq, Marva Leonard-Dent, Dr, Carol Ecker, and Teresa Lacapo who have agreed to the proposed amendments which I have drafted. In Section 5-1, Definitions, the following terms have been modified or incorporated for the first time: (b) A.D.B.A. (d) A.K.C. (f) American Pit Bull Terrier (o) Bite (p) Breeder (r) Criminal Trespass (v) Fight (aa) K-9 Patrol Dogs or Police Dogs (ee) Nip (gg) U.K.C. (jj) Potentially Dangerous Dog (ss) Unprovoked (tt) U.S.D.A. It should be noted that the definition of American Pit Bull Terrier has specifically incorporated the fact that the breed is registered and described by both the U.K.C. and the A.D.B.A. and that it does not include those breeds recognized by the A.K.C., namely the American Staffordshire Terrier, the Staffordshire Bull Terrier, the English Bulldog, the Bull Terrier or the Bulldog. 5 7 Common Council Memo August 24, 1987 Page 2 It should be further noted that the definition of "criminal trespass" incorporates the State law definition found at I.C. , 35-43-2-2 ; and that the definition of "fight" incorporates the definition found in the new State law addressing "animal fighting contests" located at I.C., 35-46-3-4. The definition of "K-9 patrol dogs or police dogs" was specifically incorporated to exempt them from the licensing procedures of this division. It should also be noted that the change to the definition of "potentially dangerous dog" specifically exempts K-9 patrol dogs, police dogs, or attack dogs with attack dogs being specifically regulated in Section 5-25 of the Municipal Code which was a part of Ordinance No . 7505-85 passed by the Common Council in 1985. In Section 5-27 entitled "Licensing of American Pit Bull Terriers and Other Potentially Dangerous Dogs", you will note that the following amendments have been made : verification of owner ' s name and current address by way of providing a photostatic copy of his or her driver's license; a reduction of the liability insurance from $500,000 to $300,000; an agreement by the applicant for such a license to inform the City of any notice or cancellation of the required liability insurance within forty-eight (48) hours of such notice or cancellation; agreement that the applicant inform the City Controller's Office of any change of address or change of ownership of such dogs; incorpor- ation of the fact that the tatooing would be done only at the initial application time for such a license with that tatoo number being in full force and effect for the life of that dog ; that the tatooing be done by a licensed veterinarian ; that the City, as a part of its licensing procedure, issue a sign stating "Beware Potentially Dangerous Dog" which sign must be prominently and conspicuously displayed by the owner of the dog and made clearly visible from the street or alley adjacent to where the dog is harbored. It should also be noted that I have incorporated the procedure set forth in Section 4-17 of the Municipal Code whereby the license fee would be pro-rated to one- half (1/2) of the amount if the application for the license is made after September 1st each year. In Section 5-28 entitled "Specific Regulations Governing American Pit Bull Terriers and Other Potentially Dangerous Dogs", please note that the Department of Code Enforcement , at the request of its Director, Patricia DeClercq, has been incorporated wherever the South Bend Police Department was referenced. At the request of Dr. Ecker and Teresa Lacapo of the Humane Society, criteria has been specifically set forth for those individuals who wish to breed American Pit Bull Terriers or other potentially dangerous dogs by way of a breeder's permit. These may be found at the top of page 8 in subparagraphs (a) through (d) . A + e Common Council Memo August 24, 1987 Page 3 In subparagraph (d) addressing pens or structures (found at page 8) , the paragraph has been modified so that the burden is placed on the owner of the American Pit Bull Terrier or any other potentially dangerous dog to provide a pen or structure on the outside or keeping the dog restrained on the inside , with said pen or structure to be designed and maintained in such a manner to prevent the dog from escaping, attacking, biting, or otherwise endangering the safety of persons or domestic animals. We have further stated that all pens or structures must comply with all City zoning and building requirements. Please note that subparagraph (i) addressing "serious injury or death" has been modified to specifically define "serious injury" and to further indicate that it shall not mean a "nip" from a dog which has previously been defined within the ordinance. Please note that in subparagraph (4) on page 9 , we have specifically excluded the owner of a dog which causes serious injury to a person who is found guilty of a criminal trespass, and the owner would not be subject to the penalty provisions set forth in the ordinance. It should also be noted that we have proposed that the effective date of this ordinance, if passed by the Common Council , be October 1 , 1987 to ensure that proper notice be provided to all citizens of our City. 2) Legal Background Under the home rule doctrines of the Indiana law, cities are granted all powers required for the effective operation of government as to local affairs ( See I . C . , 36 - 1 - 3 - 2 ) . Additionally, I.C., 36-8-2-5 and I.C., 36-8-2-6 specifically authorize cities to capture and destroy animals, if necessary; to establish , maintain and operate animal shelters ; and give authority to restrict and regulate animals within the city. In addition to the clear statutory authority , cities have a long listing of judicial cases whereby the power of a city to protect the public health and safety of its citizens has been upheld. Municipalities have the power to establish reasonable regulations based upon their police powers. In an Indiana case, namely Walker v. Towle (1901) 156 Ind 639 59 NE 20, the Court held that cities may prohibit dogs from running at large through ordinances and allow such dogs to be impounded or even destroyed if not retained by their owners (see also Municipal Corporation Law, Section 6.135 , 1987). Lt l i Ai 3t 1 1 1 Common Council Memo August 24, 1987 Page 4 Over fifty (50) laws at the State and local level have been reviewed and studied in the preparation of Substitute Bill No. 74-87. Some of these laws included Senate Bill Nos. 269, 270 and 271 currently pending in the legislature for the State of Michigan; Ordinance No. 1004 from Cambridge, Massachusetts passed on April 23, 1984 ; Ordinance No. 32 passed on May 14, 1984 in Tijeras, New Mexico; Senate Bill No. 96 pending in the Ohio State Senate; Ordinance No. 967 passed on February 4, 1986 in Monmouth, Oregon ; Ordinance No . 437 passed on December 4 , 1985 in Louisburg, Kansas; Ordinance No. 1257 passed on May 21 , 1986 in Everett, Washington; Ordinance No. 1640 passed on October 9, 1985 in Blue Rapids, Kansas ; Ordinance No. 1269 passed on July 22 , 1985 in Wakeeney, Kansas ; Ordinance No. 2 passed on January 9 , 1984 in Walbridge, Ohio; Ordinance No. 1695 passed on September 23 , 1985 in Shawnee, Kansas ; House Bill 1500 pending in the General Assembly for the State of Illinois; and other ordinances from Cincinnati , Ohio ; Baldwin City, Kansas ; Perry , Kansas ; Bushton , Kansas ; Douglas County , Kansas ; Pomona , Kansas ; Maumelle, Arkansas; Buckley, Washington; Farmers Branch, Texas; Lynn, Massachusetts; Chester, Pennsylvania; Substitute Senate No. 5301 signed by the Governor of the State of Washington in April of 1987; and numerous other ordinances and state laws. It is my understanding from talking with John M. Rigby, City Attorney of Niles, Michigan, that the three (3) pending Michigan bills have been favorably voted out of committee by votes of 269-1, 270-0, and 270-0. Additionally, numerous cases involving potentially dangerous dog legislation have been carefully reviewed. It appears that those ordinances or state laws which have been struck down by courts of competent jurisdiction have been done so for one or more of the following reasons : 1) they specifically prohibited or totally banned such ownership within the jurisdiction; 2) they imposed unreasonable criminal sanctions; 3) the ordinances in question violated specific state laws within the jurisdiction ; and/or 4) parts of the proposed laws were constitutionally vague 3) National Statistics When considering legislation which would regulate conduct involving public health , safety and welfare concerns, it is 6I ' I I Common Council Memo August 24, 1987 Page 5 important that proper evidence be introduced with regard to why such legislation is necessary. The national statistics prepared by the United States Humane Society show the following : - 21 of 29 dog bite deaths since 1983 were caused by pit bull terriers - 7 of 11 dog bite deaths in 1986 were caused by pit bull terriers - all 5 dog bite deaths this year (1987) were caused by American Pit Bull Terriers Additionally, such regulations must delicately balance the rights of those persons who wish to own such dogs and those who do not wish to do so. The Humane Society of the United States has again provided documented evidence with regard to the American Pit Bull Terrier and other potentially dangerous dogs. Some of their reports include the following information: - In the Humane Society of United States publication dated July 1979 entitled "Close-up Report", it stated that "The preferred dog of dogfight enthusiasts is the American Pit Bull Terrier. Like game cocks, the terriers have a natural aggressive nature. As with gamecocks, this natural behavior is exploited by owners and handlers" (emphasis added, page 3) and, in that same publication , it stated that "the pit bull terrier is the preferred dog of dog fighters. The dog's natural aggressive tendencies make them easy to train for fighting." (emphasis added, page 4) - In the "Pit Bull Report" issued January 21 , 1986 by the Humane Society of the United States , it is noted that the American Pit Bull Terrier is registered and described by the United Kennel Club and the American Dog Breeders Association. It is specifically noted that the Staffordshire Bull Terrier, the Bull Terrier and the Bulldog are all breeds recognized by the American Kennel Club. The report further stated that the pit dog or pit bull terrier came to the United States at the time of the Civil War. At that time, they were also known as the American Bull Terrier or Yankee Terrier. The report stated that "over a century of breeding for bull-baiting and fighting have had a profound affect on the genetics of many of these breeds." The primary quality is "gameness" which is the aggression against dogs and other animals. The report states that a "game animal is one which is ready and willing for combat and unyielding in battle with another creature." "The animals will fight with no > t v r Common Council Memo August 24, 1987 Page 6 provocation and a game animal will fight until complete exhaustion or death..." "This behavior is totally abnormal in an evolutionary or ecological sense, and is strictly the result of human intervention..." Another consideration in this report dealt with "communication". "These animals offer little or no indication that a charge or attack in imminent. They often fail to give warning with either a growl , aggressive facial expression or other sign..." The report also focused on "attack behaviors". The report stated that "guard dogs such a German Shepards tend to restrain their enemies by grabbing and holding. The fighting breeds have been selected to inflict maximum damage to their opponents. This is usually accomplished by grabbing , holding , shaking and tearing." The fourth criteria studied in the report was "aggression towards people". The report stated that "even pit bulls with no prior history of aggression have been known to become highly aggressive when at large, when in a pack, when confronted by an aggressive dog , or under other unpredictable situations..." (emphasis added) - In the United States Humane Society publication dated June 1986 entitled "Close-up Report", it is stated that the Pit Bull Terriers are the most commonly fought breed. "Due to generations of selective breeding for combative disposition , along with a grueling training regiment that cultivates the animal 's blood instincts, it is virtually impossible to keep fighting dogs from attacking each other once they have eyed an opponent." In reviewing the many detailed articles addressing vicious dogs and, in particular, the American Pit Bull Terrier, reported statements of veterinarians and animal shelter representatives have provided informative insights. For example: - "The American Pit Bull Terrier gives no notice before it attacks, it has a predisposition to attack, it hangs on, and its attacks are usually much more savage. Pit bull bites are five (5) times stronger than those of Dobermans and are similar to a lion's bite (Senator Neil Zimmers, Senator and sponsor of the state legislation for the State of Ohio). - "Unfortunately, the pit bull when it attacks, doesn't merely bite man or most horribly, child, it clamps its powerful jaws down and literally tears its victims apart. The injuries these dogs inflict are more serious than other breeds because they go for the deep musculature and don't release; they hold and shake." (Emphasis added, Sheryl Blair of the Tufts Veterinary School , "1986 Animal Aggression: Dog Bites and the Pit Bull Terrier Symposium," North Grafton, Massachusetts) Common Council Memo August 24, 1987 Page 7 - "Most breeds do not multiple-bite. A pit bull attack is like a shark attack; he keeps coming back." (Emphasis added , Kurt Lapham, field investigator , West Coast Regional Humane Society Office) - "The pit bull 's the hardest pulling dog in the world." (Ralph Greenwood of the American Dog Breeders Association) - "These animals [pit bulls] can be canine crocodiles. They have a dark and bloody history." (Randall Lockwood, U.S. Humane Society expert on the behavior of vicious dogs) - "There is a new type of pit bull coming about - wild , savage, ugly , uncontrollable. You can tell by the names - Homicide, Switchblade , Crazy Pete." (Samuel McClain, former investigator for the Society for the Prevention of Cruelty to Animals , Philadelphia, Pennsylvania) - "Pit bulls have a tendency to be aggressive and territorial . When they defend , they don't bark - they bite. This is not the breed for average people. They are the Rambo of the dog world and have an unparalleled reputation as a canine warrior." (Dr. Patricia O'Handley, Associate Professor of Veterinary Medicine at Michigan State University) - "The pit bull 's jaws - which can exert as much force as 1800 lbs. per sq.in. - are strengthened by swinging the dog on a rope, its teeth clamped to a tire ... They hang on until their prey is dead. Such techniques turn the dogs into 'time bombs' on legs." (Franklin Loew, Dean, Tufts University Veterinary School) - Councilman Ann Puzzello has provided copies of letters dated November 20, 1986 and December 2 , 1986 from the American Family Insurance Group (copies attached). This company has adopted the following underwriting guideline in all property policies in all states : Insurance cannot be provided for any risk where there is a trained guard dog , an attack dog, a pet which has bitten or attached someone, or a pet which is known to be dangerous or vicious or exhibits any of those tendencies. A risk with certain breeds of dogs , specified an American Pit Bull Terrier cannot be insured . . . (page 2 of 11-20-86 letter) .