HomeMy WebLinkAbout2021_07_01 AWC Hearing MinutesSouth Bend Animal Welfare Commission
Hearing Minutes
July 1, 2021
1815 Hours
County City Building
4th Floor
227 West Jefferson Blvd
South Bend, IN 46601
Hearing Case Number 2021-06 City of South Bend v. Rachel Jakes (Owner),
Veronica Bell, Lorraine Bell, and Barbara Jakes (Harborers) (Order Issued
June 21, 2021)
Animal Control Commission Members Present: Dr. Mariah Covey, Rebecca
Strand, Karen Haun, Pam
Wesolowski, and Barb Leavell
City Staff Present:Lindsey Cuellar -SBARC Shelter Manager, Tom
Panowicz-Attorney for SBARC, and Dani Campbell
Weiss-Commission Attorney
1. The hearing was called to order by Anne Carol Nash, the Hearing
Officer at 1815 hours.
A. Hearing regarding Habitual Animal Offender residing at 1131 North
Meade Street, South Bend.
B.Respondents are Rachel Jakes (Owner), Veronica Bell, Lorraine
Bell, and Barbara Jakes (Harborers).
C. File was opened in October 2020.
2. Service was made and accepted by Hearing Officer.
3. Tom Panowicz called Lindsey Cuellar to give testimony regarding the
Citations and AWA’s.
A. File on the Respondent was opened in October 2020.
B. Ten (10) dogs were registered to Respondents.
1. Cush a Pit Bull mix, two years old.
2. Puppy one through nine, 1 month old. Surrendered to SBARC.
C. There was a report of a bite incident October 2020 at an address
on Putnam Place.
1. Victim knocked on the door causing the dog to bolt out of
the door resulting in a severe bite.
D. A second bite incident was reported April 2021. Which was a level
four bite.
1.On the date in question, SBARC received a call from SBPD of
a severe dog bite on Fredrickson.
2. Dog had jumped the fence attacking a UPS driver, dog had to
be pried off the victim.
3.SBARC spoke with Lorraine Bell who stated that the dog stays
at this address, but is micro chipped to Rachel Jakes.
4. SBARC spoke to Jakes regarding quarantine of Cush.
5. Respondent provided proof of his micro chip.
6.Victim was transported by ambulance with severe bites,
broken fingers and dislocated fingers.
E. Both bites were considered unprovoked by SBARC.
F. Several exhibits were given into evidence.
1. Exhibit one (1) was a Notice of Hearing, Affidavit of
Service, and Certificate of Service.
2. Exhibit two (2) is SBARC’s summary regarding the hearing.
3. Exhibit three (3) is Person View Report regarding the
history of all dogs registered to this address.
4. Exhibit four (4) is an Animal Report regarding Cush.
5. Exhibit five (5) is a Bite Report regarding victim number
one, with any photos, medical reports, etc.
6. Exhibit six (6) is a Bite Report for victim number two, with
any photos, medical reports, etc.
7. Exhibit seven (7) is a Case View Report regarding victim
number one.
8. Exhibit eight (8) is a Case View Report regarding victim
number two.
9. Exhibit nine (9) is a map of the area where dog was and
where blood was found on the sidewalk of the victim.
G. As of the date of this hearing Cush is still in the custody of
SBARC.
H.South Bend Animal Care and Control is asking the Commission for a
label of Potentially Dangerous Dog with proper restrictions
decided by the Commission.
I. City rests their case at this time.
4. Respondents, Jakes and Bell, et al, presented their case.
A. Respondents state that the dog has been staying with each of
these family members.
B. Respondents had a question as to what a Harborer was, which was
explained.
C. Cush does not respond well to delivery people.
D. House on Meade has a tall fence.
5. The Commission discussed and voted on items listed below.
A. Cush needs to stay at address with a tall fence.
B. Gates need to be able to be locked from inside.
C. Fence needs to be a privacy fence, not chainlink.
D. A five sided kennel needs to be used if dog kept outside.
E. If dog is off the property for walks or vet appointment a muzzle
and leash will be required.
F. Signs will need to be posted on the fence warning of dangerous
dog.
G. Cush cannot be used for breeding. Before his release he will need
to be transported to be neutered.
H. City wants to see fence before Cush released.
I. It is understood that should there be any more complaints or non
compliance dog will be seized by SBARC.
J.All shots must be up to date and proof given to SBARC.
6. The Commission also discussed and voted that Cush will be deemed a
Potentially Dangerous Dog.
Hearing Adjourned at 1915 hours.