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HomeMy WebLinkAbout2021_09_13 AWC Hearing MinutesSouth Bend Animal Welfare Commission Hearing Minutes September 23, 2021 1845 Hours County City Building 4th Floor 227 West Jefferson Blvd South Bend, IN 46601 Hearing Case Number 2021-12 City of South Bend v. Curtis and Paige Leonard (Order Issued September 10, 2021) Animal Control Commission Members Present: Dr. M. Covey, Karen Haun, Pam Wesolowski, and Barb Leavell City Staff Present:Lindsey Cuellar -SBARC Shelter Manager, Tom Panowicz-Attorney for SBARC, and Christina M. Shakour-Commission Attorney 1. The hearing was called to order by Ann Carol Nash, the Hearing Officer at 1845 hours. A. Hearing regarding Habitual Animal Offender residing at 2104 South William Street, South Bend. B.Respondents are Curtis and Paige Leonard. C. File was opened in February 2018. 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 February 2018. B. Seven (7) animals were registered to Respondents. 1. China, Pit Bull, unknown age. (Surrendered.) 2.King, Chihuahua, five years old. (Surrendered.) 3.Pride, Bulldog, seven years old. (Rescue.) 4.Blu, Terrier, unknown age. 5.Missy, Terrier, three years old. 6.Fancy, Pit Bull, unknown age. (Passed.) 7.Rambo, Rottweiler, one year old. C.Eight AWA’s were given to Respondents between February 2018 to July 2021. D.Twenty-eight (28) Citations were given to Respondents between October 2019 to June 2021. E.Respondent signed an agreement to license one dog, Missy, by November 2019. F.Respondents have consistently left animals to run at large, be improperly tethered with no food or water. G.Respondents has/had at least two unaltered animals that are left improperly tethered wit no food, water or proper shelter. H.Respondents two dogs, Blu and Missy, were impounded. 1.Blu did obtain a license at that time. 2.Missy obtained a temporary rabies license, but it has not been updated since 2019. I.Respondents have constantly been noncompliant since 2020. J. 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-b) 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) Temporary License. 8.Exhibit eight (8) (a-J) photos of the residence dating April 2021 to November 2020. I. South Bend Animal Care and Control is asking the Commission for a label of Habitual Animal Offender with a ten (10) year prohibition on animal ownership. J. City rests their case at this time. 4. Respondents, Curtis and Paige Leonard did not show for the hearing. 5. The Commission discussed and voted on items listed below. A. The Commission agreed that there is to be no harboring of any dogs. B.Due to Respondents not showing or contacting the Commission or SBARC it shows a lack of responsible animal ownership. C.Respondents are to have no other animals. D.All animals at residence are to be seized by SBARC. E.If Respondents violate said order any animal shall be seized by SBARC with no further hearings needed. F.Respondents are to have a lifetime ban prohibiting the owning of any animals within the City of South Bend. G.Respondents shall be labeled Habitual Animal Offenders within the City of South Bend. Hearing Adjourned.