HomeMy WebLinkAbout2021_07_29 AWC Hearing MinutesSouth Bend Animal Welfare Commission
Hearing Minutes
July 29, 2021
1815 Hours
County City Building
4th Floor
227 West Jefferson Blvd
South Bend, IN 46601
Hearing Case Number 2021-09 City of South Bend v. Alfred Delgado (Order
Issued July 19, 2021)
Animal Control Commission Members Present: 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 937 Sorin
Street, South Bend.
B.Respondent is Alfred Delgado.
C. File was opened in November 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 November 2017.
B. Five (5) animals were registered to Respondent.
1. Chapo a Chihuahua, six years old.
2.Chico a Pit Bull, unknown.
3.Luna American Pit Bull, seven years old.
4.Roxie Pit Bull, unknown.
5.Zeena Terrier Mix, one year.
C.Eight AWA’s were given to Respondent between November 2017 to May
2021.
D.Eleven (11) Citations were given to Respondent between October
2019 to May 2021.
E.There was one bite case on record by SBARC.
1.June of 2019 a bite was reported. Dog on dog bite.
2.It was reported two Pit Bulls escaped and charged at victim
and dogs, while he/she was walking them.
F.Respondent has had one dog expire due to the heat, not having
proper shelter or water.
1.Dog was DOA when SBARC arrived.
2.SBARC spoke with resident at the home, it was stated the dog
had been out in over 90 degree heat all day.
G.Shortly after the DOA SBARC received another call that two more
dogs had been abandoned at this address for two weeks.
H. 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) (a-c) are Animal View Reports.
5. Exhibit five (5) are Animal Welfare Alerts with attached
spreadsheet.
6.Exhibit six (6) are the Ordinance Violation Citations with
attached spreadsheet.
7. Exhibit seven (7) Animal on Animal Bite Report.
8.Exhibit eight (8) copy of AccuWeather Temperatures for May
24, 2021.
9. Exhibit nine (9)(a-g) photos taken by SBARC.
I. South Bend Animal Care and Control is asking the Commission for a
label of Habitual Animal Offender with a maximum lifetime
prohibition on animal ownership.
J. City rests their case at this time.
4. Respondent, failed to appear.
5. The Commission discussed and voted on items listed below.
A. The Commission agreed to the label of Habitual Animal Offender
within the City of South Bend.
B.It was also agreed that a lifetime ban within the City of South
Bend, with all animals being seized by SBARC and no animal is to
be owned anywhere by Respondent within the City of South Bend.
C.It was also agreed that criminal charges should be filed with
SBPD.
Hearing Adjourned at 1900 hours.