HomeMy WebLinkAbout2021_07_15 AWC Hearing MinutesSouth Bend Animal Welfare Commission
Hearing Minutes
July 15, 2021
1815 Hours
County City Building
4th Floor
227 West Jefferson Blvd
South Bend, IN 46601
Hearing Case Number 2021-07 City of South Bend v. Chris Love (Order Issued
July 8, 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 Virginia Wolfe, the Hearing Officer
at 1815 hours.
A.Hearing regarding Habitual Animal Offender residing at 1037
Twykenham Drive, South Bend.
B.Respondent is Chris Love.
C.File was opened in May 2017.
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 May 2017.
B.Three (3) dogs were registered to Respondent.
1.Cali a Rottweiler mix, two years old and not altered.
2.Smoke a Rottweiler mix, one year old and not altered.
3.Neeko Akita mix, two years old and not altered.
C.Five AWA’s were given to Respondent between May 2017 to May 2020.
D.Sixteen (16) Citations were given to Respondent between May 2017
to February 2020.
E.A breeder’s permit was issued in January 2018 which expired
January 2019.
F.SBARC has no record of any rabies vaccinations.
G.Respondent had between eight to nine dogs, three of those were
returned.
H.SBARC received a call regarding this address, at that time three
German Shepherds, three Rottweiler, and two Akitas were seen
along with an Akita was running at large.
I.SBARC saw a breeding facility in the basement.
1.At the time SBARC was there, saw no food or water and it was
cold for the dogs.
2.The floor was covered in feces.
3.Respondent was cited at that point in time.
J.Several exhibits were given into evidence.
1.Exhibit one (1) was a Notice of Hearing, Affidavit of
Service, Order to Comply along with a Revised Notice of
Hearing packet.
2.Exhibit two (2) is a summary from SBARC regarding this case
3.Exhibit three (3) is an Person View Report.
4.Exhibit four (4) is an Animal View Report for Layla.
5.Exhibit five (5) is an SBARC Kennel Card for a grey Pitt
Bull
6. Exhibit six (6) is paperwork from Indiana Secretary of State
regarding K9 Love, LLC.
7.Exhibit seven (7) are pictures that were found on Facebook.
8.Exhibit eight (8) is a License Renewal Notice.
9.Exhibit nine (9) are AWA’s with attached spreadsheet.
10.Exhibit ten (10) are Ordinance Violation Citations with
attached spreadsheet.
11.Exhibit eleven (11) are photos taken by SBARC dated January
27, 2018.
12.Exhibit twelve (12) are photos taken by SBARC dated May 3,
2018.
K.South Bend Animal Care and Control is asking the Commission for a
label of Habitual Animal Offender with Respondent unable to own
dogs for at least five (5) years.
L.City rests their case at this time.
4.Respondent, Chris Love, presented his case.
A. Had animals seized in 2018.
B.States he has a plan to obtain different dog breeds so he can
open which he calls a dog sanctuary.
C.States he sees dogs as a product.
D.States he only takes pictures and facilitate the selling of dogs
from a list of breeders he’s approved of.
E.States he’s personally visited all the breeders he deals with but
refuses to inform SBARC the names and addresses of said breeders.
F.Thinks more dogs need to be bred with guidelines to make “pure”
dogs.
G.Receives money from the sale of dogs online.
H.Respondent did not give any paper evidence.
5.The Commission discussed and voted on items listed below.
A.If Respondent should have a lifetime ban.
B.Respondent be banned from breeding dogs.
C.If Respondent should only have a ten year ban.
D.If Respondent should be labeled a habitual animal offender.
6.The Commission was divided regarding this issue, a majority agreed
with Respondent being label a habitual animal offender.
7.The Commission had three votes for a lifetime ban with no breeding
with one Commission Member abstaining.
A.Respondent is to let SBARC know if he moves back to South
Bend.
B.A proof of current address if Respondent moves back to South
Bend.
C.Dogs must be spayed or neutered.
D.Proof of license and vaccinations.
Hearing Adjourned at 2015 hours.