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HomeMy WebLinkAbout2021_08_05 AWC Hearing MinutesSouth Bend Animal Welfare Commission Hearing Minutes August 5, 2021 1840 Hours County City Building 13th Floor 227 West Jefferson Blvd South Bend, IN 46601 Hearing Case Number 2021-10 City of South Bend v. Kent Odom(Order Issued July 26, 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 1840 hours. A. Hearing regarding Habitual Animal Offender residing at 1338 North Elmer, South Bend. B.Respondent is Kent Odom. C. File was opened in May 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 May 2020. B. Seven animals were registered to Respondent. 1. Leola, a Terrier Mix, one year old. 2.Nina, a Terrier Mix, four years old. 3.Quinn, a Pug/Beagle Mix, three years old. 4.BamBam, Terrier Mix, two years old. 5.Bucklee, a Terrier Mix, one year old. 6.Quentin, a Terrier Mix, one year old. 7.Alice, Terrier Mix, one year old. C.Four AWA’s were given to Respondent between September 2020 to January 2021. D.Eleven (11) Citations were given to Respondent between June 2020 to February 2021. E.Respondent has licensed two of the twenty-two (22) dogs. F.SBARC has seized all the dogs at this residence. G.Two of the dogs, Leola and Nine had litters of puppies, along with being seized and a warrant was served by SBPD. H.Has not licensed all dogs, no has shown SBARC proof of vaccinations. I.Dogs have been seen running at large on several occasions. J.Has surpassed the unaltered dog limit. K.There have been bites reported but neither Respondent or victim was cooperative. L. 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-g) 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) Leola and Nine vet paperwork. 8.Exhibit eight (8) copy of SJCHS application for food. 9. Exhibit nine (9) surrender letter from SBARC. I. South Bend Animal Care and Control is asking the Commission for a label of Habitual Animal Offender with a lifetime prohibition on animal ownership. J. City rests their case at this time. 4. Respondent, Kent Odom stated. A.Respondent affirmed that he/she failed to prevent both litters, failing to understand that dogs need to be spayed or neutered- there is no other form of birth control for dogs. B.Agreed that the fence around the premises needs to be fixed. C.Stated he/she had warnings about beware of dogs. D.States he is not a breeder that all litters were accidental. 5. The Commission discussed and voted on items listed below. A. The Commission agreed that there is to be no harboring of any dogs, except the one dog allowed. B.A one dog minimum will be allowed. C.Respondent must let SBARC in for an inspection of the property and fence. D.Respondent must get a copy of the South Bend Ordinance and know what the rules are. E.The one dog allowed must be spayed/neutered within next six weeks. F.Said dog must be licensed and micro chipped. G.Respondent must provide proof of rabies vaccine within six weeks. H.Respondent will never get a breeder’s license from City of South Bend. I.If Respondent gets any other violations, all dogs at residence will be seized without benefit of another hearing. J.Respondent will be labeled a Habitual Animal Offender within the City of South Bend. Hearing Adjourned at 2035 hours.