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HomeMy WebLinkAbout11 Article 11 AWC finalized after approval Dec 202012/2020 AWC approval 1 ARTICLE 11. – ADMINISTRATION DIVISION 1. ANIMAL RESOURCE CENTER MANAGER Sec. 5-136. - Duties of Animal Resource Center Manager. (a) The Animal Resource Center shall be operated by the Animal Resource Center Manager. (b) The Animal Resource Center Manager will be advised on matters of policy by the Animal Welfare Commission. (c) The duties and powers of the Animal Resource Center Manager are as follows: (1) To ensure that all City ordinances and Indiana state laws regarding animal care and control are enforced. (2) To manage the Animal Resource Center’s operations. (3) To purchase all necessary materials for the proper and efficient performances of the services and work required of the Animal Resource Center consistent with the City's established purchasing procedures. (4) To hire and supervise all personnel necessary for the efficient performance of the duties required of the Animal Resource Center and Division of Animal Welfare. (5) To provide training opportunities and continuing education for Animal Resource Center staff. (6) To prepare and submit, after review and comments of the Animal Welfare Commission, to the South Bend Common Council through the City Controller, an annual budget, for its financing of its operations and performance of its duties. (7) To provide the Director with a report of its activities and operation for the prior year, to be submitted with the Department of Code Enforcement’s Annual Report. The Director will submit this to the Mayor’s office and the City Clerk by the assigned date. (8) To establish and update the fee structure as provided in Sec. 5-150, after review and comment from the Animal Welfare Commission. These fees are to be reasonable fees and are to be charged for services provided by the Animal Resource Center. Such fees shall be adopted only after approval by the Director and submission to the Mayor and Common Council for approval and adoption. (9) To prepare monthly reports for the Animal Welfare Commission on performance, operation and intake/outtake metrics including adoption, rescue transfer and euthanasia and any other statistics that the Animal Welfare Commission may request. (10) To ensure that all dogs and/or cats released for adoption shall be spayed or neutered, implanted with an electronic microchip, and provisions made for a program to monitor said spay/neuter and microchip plan. (11) To assure that any violations of the animal adoption contract shall result in impoundment of the animal. Return of the animal to the adopter will be at the discretion of the Animal Resource Center Manager. 12/2020 AWC approval 2 (12) To adopt internal rules and regulations as may be necessary or appropriate in its judgment to carry out the provisions of the ordinances and laws under which it exists and performs its functions, including Standard Operating Procedures (SOP) for the internal operations of the Animal Resource Center and the Division of Animal Welfare. (13) To work with the Director and Director of Finance to create and maintain the Division of Animal Welfare’s annual budget. (14) To cooperate with the Legal Department of the City regarding legal matters under this Chapter, such as hearings, appeals and search warrants. (15) To establish partnership with other municipalities and animal rescues as necessary and appropriate. (16) To assist all law enforcement agencies in animal related investigations. (17) To work with approved nonprofits for the benefit of the Animal Resource Center. (18) To enter into reciprocity agreements with other cities, counties, and states to report dangerous, potentially dangerous, vicious animals and reckless animal owners that move out of or into the City. DIVISION 2. ANIMAL WELFARE COMMISSION Sec. 5-137. - Animal Welfare Commission. (a) The Animal Welfare Commission shall consist of five members who shall be appointed to serve a three-year term, with terms to be staggered. No limit shall be set on number of terms a member can serve. All members shall serve without compensation. (b) Two (2) of the Animal Welfare Commission members shall be appointed by the Mayor. The three (3) remaining members shall be appointed by the South Bend Common Council. At least one (1) member appointed by the South Bend Common Council must be a licensed veterinarian. Selections shall not be based on political affiliations, but on interest in animal welfare and enforcement and knowledge of same. In the event of pending veterinarian vacancy, the Animal Welfare Commission may continue to meet and conduct business but seek consultation from a licensed veterinarian as needed. (c) Subject to applicable sections of the South Bend Municipal Code for citizen members, the members of the Animal Welfare Commission shall serve at the pleasure of the appointing authority and each member shall serve until a qualified successor is duly appointed. Sec. 5-138. - Officers; agenda, meetings and meeting minutes of the Animal Welfare Commission. (a) At the first meeting of each year the Animal Welfare Commission shall elect a, President, Vice- President and a Secretary from its members. (b) The Animal Welfare Commission shall meet monthly, or upon special call by the Chair or upon the written request to the Chair by any three (3) members. (c) Three (3) members of the Animal Welfare Commission shall constitute a quorum to conduct business. 12/2020 AWC approval 3 (d) No less than forty-eight (48) hours before a meeting, copies of all Animal Welfare Commission agendas shall be electronically sent to the Legal Department of the City, Animal Resource Center Manager, Director of Code Enforcement, Office of the City Clerk, and the Chairpersons of the South Bend Common Council's Health and Public Safety Committee and Residential Neighborhoods Committee. (e) The meeting agenda may include items in the following order: (1) Call to Order (2) Welcome to new members and guest (3) Approval of the previous meeting minutes (4) Reports from the Resource Center Manager (5) Updates on previous cases (6) Old Business (7) New Business (8) Other (9) Next Meeting Date (10) Privilege of the floor (11) Adjournment (f) The Animal Welfare Commission Chair or his/her appointee shall maintain and regularly post all Animal Welfare Commission meeting minutes on the City's website for the Animal Resource Center with electronic copies being sent to the Animal Resource Center Manager, Director of Code Enforcement, the Legal Department of the City, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. (1) Meeting minutes are to be provide to members for review no less than twenty-four (24) hours before the upcoming meeting. (g) In the case of vacancy in Animal Welfare Commission membership due to death, resignation, incapacity, removal, or other cause, the appointment to fill the vacancy so occurring shall be made by the original appointing body for the unexpired term only. Sec. 5-139. - Duties and responsibilities of the Animal Welfare Commission. (a) The Animal Welfare Commission shall have the following duties and responsibilities: (1) To receive and review recommendations made by the Animal Resource Center Manager; (2) To recommend proposed policies, principles, standards and regulations for the control and humane treatment of all animals regulated by this Chapter; (3) To review and make advisory recommendations aimed at improving regulations and enforcement of the regulations codified into this Chapter to the South Bend Common Council; (4) As directed by the Animal Welfare Commission Chair, to submit to the Mayor and the South Bend Common Council no later than March 1 of each year a written report of the Animal Welfare Commission activities and recommendations from the prior calendar year; 12/2020 AWC approval 4 (5) To review the fee structure as provided in Sec. 5-150 with the Animal Resource Center Manager and make recommendations for adjusting the fees; (6) To review and determine appeals on denials, suspensions and revocations of licenses and permits in Article 7 of this Chapter; (7) To review and determine requests to remove the designation of potentially dangerous or dangerous animal or reckless animal owner pursuant to Sec. 5-140 and determine requests for review pursuant to Sec. 5-126. (8) To review and make recommendations, as requested by the Animal Resource Center Manager, on possible remediation agreements with an owner/guardian or harborer to make improvements and changes for better animal care and responsibility before the Animal Resource Center Manager issues a notice of reckless animal owner, potentially dangerous or dangerous animal. (9) To fulfill obligations of Division 2, Article 10 of Chapter 5 and make the potentially dangerous animal, dangerous animal and vicious animal determinations by a majority vote. Members of the Animal Welfare Commission shall be fair and impartial in making such determinations focusing on the evidence presented, particularly avoiding influence based on emotion and personal advocacy interests. (b) The Animal Welfare Commission may adopt rules and procedures to govern all hearings it must conduct under Chapter 5. Sec. 5-140. - Request to remove or amend the designation of potentially dangerous animal, dangerous animal, or reckless animal owner status. (a) An owner/guardian or harborer may submit one (1) request per year to the Animal Welfare Commission seeking the removal of or the amending of the designation of potentially dangerous animal or dangerous animal or reckless animal owner. (1) The application must be in writing and include detailed information about the current designation and how the change in circumstances or measures taken by the owner/guardian or harborer, such as obedience and/or behavior modification training of the animal, have mitigated the risk to public safety. (2) For the Animal Welfare Commission to consider removing or amending a designation, there shall have been no further violations of this Chapter by the owner/guardian or harborer regarding any owned or harbored animal. (3) The owner/guardian or harborer seeking to remove or amend the designation must file the application with the Department of Code Enforcement. Upon receipt of the application, the Department of Code Enforcement shall distribute copies of the application to the Animal Welfare Commission Chair and the Animal Resource Center Manager. (4) After receiving the application, the Animal Welfare Commission at its next meeting shall decide whether to accept the application as a valid and proper request and set it for a hearing as necessary. If the application is accepted for hearing, then the Animal Welfare Commission, in coordination with a Hearing Officer, shall set the location, date and time for the hearing to be held within 30 calendar days of acceptance, provide 12/2020 AWC approval 5 for the service of notification of the hearing to the owner/guardian or harborer and retain proof of service. (5) The Animal Welfare Commission must serve notice of hearing at least fourteen (14) calendar days before the hearing date to the last known address of the person filing the application and the notice must contain the following: (a) The name and contact information of the Animal Welfare Commission. (b) Hearing date, time and location. (c) A statement referencing and summarizing the hearing process under this section. (6) Hearings shall be held on a business day and conducted by the Hearing Officer in an orderly and structured manner, similar to proceedings under the Indiana Rules of Court for Small Claims cases. The Animal Welfare Commission has the authority to hear all evidence as to whether the designation should be removed or amended. (7) The Animal Welfare Commission shall promptly decide to remove or amend such designation and may issue the determination at the end of the hearing. (8) Determinations of the Animal Welfare Commission may be appealed to the Circuit Court of St. Joseph County as provided in Sec. 5-129. Secs. 5-141-5-145. - Reserved. DIVISION 3 – ANIMAL RESOURCE CENTER OPERATIONS Sec. 5-146. - Management of the animals. (a) The Animal Resource Center shall have the following duties and responsibilities: (1) To pick up and transport to the Animal Resource Center or its authorized designated facility for custody unwanted domestic animals, domestic animals illegally at large, and all sick, diseased, injured, lost, stray, stolen, or abandoned animals. (2) To impound animals as authorized under Chapter 5 to be held at the Animal Resource Center or its authorized designated facility for further disposition. (3) To track all animals that enter and leave the Animal Resource Center in approved case management software. (4) To seek appropriate animal medical assessment when necessary of animals in custody. (i) Any animal who is injured so that it cannot rest comfortably for a minimum of three days may be euthanized as authorized by the Animal Resource Center Manager or his/her authorized agent. (ii) Animals displaying signs of illness or injury at the time of impound may be treated immediately at the expense of the owner/guardian or harborer. (iii)Animals that have not been inoculated for or are not current on inoculations for ailments common to its species will be inoculated at the expense of the owner/guardian or harborer. (iv) Any animal displaying symptoms of illness or injury which, in the opinion of a licensed veterinarian, would cause undue suffering to that animal or pose a substantial health risk to other animals shall be humanely euthanized. 12/2020 AWC approval 6 (5) To accept owner/guardian or harborer surrendered animals for proper disposition, including but not limited to, adoption, foster home placement, release to an acceptable rescue organization or euthanasia. (b) Any animal whose owner/guardian or harborer has requested that the animal be euthanized may be surrendered to Animal Resource Center. The Animal Resource Center Manager shall determine if the animal can be saved based on the medical condition and/or behavior assessment of the animal. (c) Any owner/guardian or harborer who surrenders an animal to the Animal Resource Center immediately relinquishes all ownership or legal rights to the animal and the animal becomes property of the Animal Resource Center. (d) The Animal Resource Center shall not ban, bar, limit or otherwise obstruct the adoption or transfer of any animal based on breed, breed mix, age, color appearance or size. (e) The focus of the Animal Resource Center’s management of animals is domestic animals but may include wild animals as appropriate at the Animal Resource Center Manager’s discretion. Sec. 5-147. – Custody of animals and identification of ownership. (a) The Animal Resource Center shall take appropriate action to ensure that all animals taken into custody are checked for all currently acceptable methods of identification, including microchips, identification tags, and licenses, and thereafter make reasonable attempts to locate the owner/guardian or harborer as appropriate under the circumstances. (b) The Animal Resource Center shall maintain continuously updated lists of animals reported lost and match these lost reports with animals reported found and animals in the Animal Resource Center. (c) For animals impounded and in custody for violations of this Chapter, if a possible owner/guardian or harborer is identified, the Animal Resource Center shall either mail, physically hand, or post notice on the owner/guardian’s or harborer’s property that their animal is impounded by the Animal Resource Center. This notice shall include language stating: (1) why the animal was impounded (2) when the owner/guardian’s or harborer’s rights in the animal will terminate; and (3) how an owner/guardian or harborer may reclaim or redeem the animal from the Animal Resource Center. (1) Communication efforts may include, but are not limited to, notifying the possible owner/guardian or harborer by telephone, mail, e-mail and personal service to the last known address. (2) Efforts to locate or contact an owner/guardian or harborer, and communications with persons claiming to be owner/guardians or harborers and evidence of service of the notice shall be documented, logged, and stored in the approved case management system. (3) The owner/guardian or harborer shall have three (3) calendar days from the date of service of the notice to contact the Animal Resource Center and state the owner/guardian’s or harborer’s intentions with the animal. Upon the owner/guardian's or harborer’s initiation of redemption or reclaiming procedures, the Animal Resource Center shall retain custody of the animal for a reasonable period to allow for completion of the procedures. Owner/guardians or harborers who initiate redemption or reclaiming procedures but fail to reclaim the animal as required will be responsible for all the medical and boarding costs. 12/2020 AWC approval 7 (4) To provide the proper welfare and care of the animal in custody and, in the interest of the public health and safety, to prevent other persons or animals to be injured or contract diseases, if the owner/guardian or harborer fails to contact the Animal Resource Center within the three (3) calendar days, the animal shall become the property of the Resource Center (d) Animals impounded or requested for quarantine at the Division of Animal Welfare will become the property of the Animal Resource Center if not claimed by closing time of the Animal Resource Center on the eleventh (11th) calendar day, or if the eleventh (11th) day falls on a non- business day then on the following business day thereafter, of the quarantine. Owner/guardians or harborers requesting quarantine but failing to claim animals at the end of the quarantine period will be responsible for all the medical, quarantine, and boarding costs, including euthanasia costs as applicable. (e) Animals impounded and in custody for reasons of tragedy beyond the control of the owner/guardian or harborer, such as but not limited to house fire or death of the owner/guardian or harborer, will be held for ten (10) calendar days during which time a reasonable effort will be made to contact the owner/guardian or harborer and/or their representative for redemption or recovery or alternative housing arrangements. After the tenth (10th) calendar day, the animal will become the property of the Animal Resource Center. (f) If an animal becomes property of the Animal Resource Center, then the Animal Resource Center shall act for proper disposition of the animal, including but not limited to, adoption, foster home placement, release to an acceptable rescue organization or euthanasia in accordance with the criteria outline in this Chapter. (g) This sub-section applies to all animals housed at the Animal Resource Center, or under the direction of the Animal Resource Center at a remote facility, irrespective of the agency that seized the animals. (1) Animals so removed may be transported to a licensed veterinarian for examination and/or treatment. If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Costs of treatment, euthanasia, and/or care shall be the responsibility of the owner/guardian or harborer. (2) When a community cat is captured, such animal need not be impounded but may be returned to its harborer or community cat caretaker if, in the opinion of the Animal Welfare Officer, the return would not present a danger to the public, a continued or repeated public nuisance, or otherwise result in a violation of this Chapter. Sec. 5-148. – Redemption or reclaiming of animal. (a) A person may reclaim or redeem an animal in the custody of the Animal Resource Center upon all the conditions in this section being satisfied, and the ability to provide minimum care or show a treatment plan in place to provide the minimum care as necessary. (b) The person must submit valid proof of ownership to the Animal Resource Center. (c) The person must pay all redemption fees and any other service, boarding or medical fees, as approved by the Animal Resource Center Manager, and pay all other outstanding penalties due for ordinance violations under this Chapter. 12/2020 AWC approval 8 (d) Any dog or cat, prior to its release by the Division of Animal Welfare, shall be implanted with a microchip and registered for purposes of identification and reclaiming. The cost for this process shall be at the owner/guardian's or harborer’s expense before the animal's release. (e) All animals shall be registered/licensed with the City prior to release or as required pursuant to any pending enforcement action that mandates registration/licensing. (f) Failure of the owner/guardian or harborer to complete all the conditions for redemption or reclaiming by the established due date will be an automatic relinquishment of ownership rights in the animal to the Animal Resource Center. Sec. 5-149. - Animal euthanasia. (a) Animals impounded by the Division of Animal Welfare shall be euthanized only when necessary and consistent with the requirements of this Article. Euthanasia shall be accomplished by lethal intravenous injection of sodium pentobarbital, except as follows: (1) Intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous injection is not possible for infant animals, companion animals other than cats and dogs, or in comatose animals with depressed vascular function. (2) Intracardiac injections may be used only when intravenous injection is not possible for animals who are completely unconscious or comatose, and then only under the direction of a veterinarian. (b) No person other than a duly authorized agent of the Animal Resource Center may euthanize any domestic animal within the City; provided, however, this provision shall not apply to the following: (1) A licensed veterinarian, (2) A veterinary staff member under the direct supervision of a veterinarian (3) Those persons acting in immediate self- protection, (4) The Animal Resource Center, other animal shelters, and/or public animal facilities which euthanize animals in the City, which shall use only sodium pentobarbital or a derivative substance for said purpose. (c) The duly authorized animal control agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the animal euthanasia in a humane manner as specified by the American Veterinary Medical Association's Guidelines for Euthanasia. Said person(s) must have a letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis, with such required documentation being kept on file and open for public inspection. (d) No animal's body shall be disposed of until all vital signs are checked (fixed pupil, cessation of heartbeat and respiration) to assure that death has occurred. (e) No animal shall be allowed to witness any other animal being euthanized or being tranquilized/sedated for the purpose of being euthanized or see the bodies of animals which have already been euthanized. 12/2020 AWC approval 9 (f) Animals shall be sedated/tranquilized as necessary to minimize their stress or discomfort, or in the case of adjudicated vicious animals, to ensure staff safety, except neuromuscular blocking agents shall not be used as sole agent. (g) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support. (h) An animal may not be left unattended between the time procedures to euthanize the animal are commenced and the time death occurs, nor may the body be disposed of until death is verified. (i) Verification of death shall be confirmed for each animal in all the following ways: (1) By lack of heartbeat, verified by a stethoscope; (2) By lack of respiration, verified by observation; (3) By pale, bluish gums and tongue, verified by observation; and (4) By lack of eye response, verified if lid does not blink when eye is touched, and pupil remains dilated when a light is shined on it. (j) After confirmation of the death, the staff member is required to document the amount of the drug used, animal information, the weight, date, and the reason for the euthanasia in the approved case management software. (k) Not including final designated or adjudicated vicious animals, whenever possible no animal shall be euthanized simply because the holding period has expired. Before any animal is euthanized, and to ensure that euthanasia is the last resort, all the following conditions must be met: (1) There are no empty cages, kennels, or other living environments in the appropriate area of the Animal Resource Center, keeping in mind the overall health and wellbeing of the animals in Animal Resource Center’s care; (2) The animal cannot share a cage or kennel with another animal; (3) A foster home is not available; (4) Not-for-profit animal rescue organizations are not willing to accept the animal; (5) The animal is not an ear tipped community cat that has been spayed/neutered and vaccinated as described in Secs. 5-27, 5-28 and 5-29 of this Chapter or the animal is not a free roaming cat subject to sterilization and release into an accepted program; (6) All mandates, programs and services of this Chapter have been met; and (7) The Animal Resource Center Manager certifies he or she has no other alternative. Sec. 5-150. – Animal Resource Center fees. (a) In addition to any other fees required to be paid under federal and state law, SBARC has the following fee schedule: Annual Licenses and Permits Type of Fee Fee Amount Altered Pet $10.00 12/2020 AWC approval 10 Adoption Fees* Type of Fee Fee Amount Dog $150.00 Puppy (a dog six (6) months and under) $200.00 Cat $ 30.00 Small animal $ 10.00 Small bird $ 20.00 Large bird or exotic bird $ 75.00 Rabbit $ 10.00 Small reptile $ 10.00 Medium or Large reptile $ 40.00 * Seniors and military veterans 50% reduced adoption fee Animal Resource Center Fees Unaltered Pet $30.00 Late fee when more than thirty (30) days late $15.00 Pet Shop Permit (selling Altered Pets only) $250.00 Pet Shop Permit (selling unaltered Pets) $500.00 Groomers Permit $250.00 Breeders Permit (per animal) $500.00 Kennel/Cattery Permit $250.00 Riding Horse Permit $10.00 Carriage Horse Permit $100.00 Animal Concession, Animal Event, and Animal Exhibit $100.00 per day Type of Fee Fee Amount Return to Owner Fees: First redemption $ 25.00 Second redemption $ 50.00 12/2020 AWC approval 11 Third redemption $ 75.00 Fourth redemption (and subsequent) $100.00 General SBARC Fees: Daily boarding fee after legal hold $ 10.00 Dewormer $ 5.00 Pain Medication/Antibiotics $ 2.00 per dose Flea Treatment $ 20.00 per dose Bronchi Shield $10.00 5 in One $10.00 Rabies vaccination reimbursement $ 30.00 Pick-up of an owned animal $ 40.00 Euthanasia by request of owner $ 50.00 10-day quarantine (per day/cat) $ 10.00 10-day quarantine (per day/dog) $ 15.00 Microchip fee $15.00 Microchip fee for Seniors/Veterans $8.00 UPS shipping of biting animals for testing by state $ 50.00 Lookup of Rabies Vaccination $5.00 Surrender of animal fee, per animal $20.00 Protective or Safe Harbor Fees: Fire, death, accident, domestic violence, acts of God, etc. (No charge for first ten (10) days) $20.00 per day Arrest, seized for abuse, cruelty, abandonment, court case holds, etc. $25.00 per day per dog $15.00 per day per cat 12/2020 AWC approval 12 (b)The Animal Resource Center Manager has limited authority to waive or reduce fees based on considerations of responsible animal ownership or harboring and space available at SBARC. Sec. 5-151. – Restrictions on fundraising on behalf of the Animal Resource Center. (a) Any person or organization desiring to assist the Animal Resource Center by raising funds on its behalf, referred to hereafter as a “Fundraiser(s),” is welcome to do so under the following guidelines: (1) Fundraisers shall not act until they have received written approval of their fundraising application. (2) Fundraisers must submit any marketing materials using the Animal Resource Center name and/or logo for approval at least two weeks prior to their use or publication. (3) Fundraisers may not use any marketing materials that contain the Animal Resource Center name or logo until they have received written approval from the Animal Resource Center Manager. (4) Fundraisers may not enter into any written or verbal agreements or contracts on behalf of or using the name of the Animal Resource Center. (5) Fundraisers may not apply for a Charitable Gaming License using the name of the Animal Resource Center. (6) Fundraisers must submit all proceeds from their event, in the form of a cashier's check or money order, to the Animal Resource Center no later than ten (10) business days after their event. (7) The Fundraiser’s failure to submit detailed accounting records and/or the proceeds from their event within ten (10) business days after their event may result in a referral to the appropriate law enforcement agency. Sec. 5-152. - Disposition of fees, donations, and bequests. (a) All money generated, received or collected as the result of payment of fees required shall be deposited into the Division of Animal Welfare’s revenue fund. (b) All money received by the Animal Resource Center through donations, gifts, bequests or devises shall be payable to the Animal Resource Center and deposited into Fund 217. The expenditure of funds shall be subject to all state and local appropriation and purchasing requirements. (c) All money generated, received or collected in response to the Animal Resource Center’s special fund-raising projects shall be payable to the Animal Resource Center and shall be deposited into the appropriate City Fund and used in a manner consistent with the announced purpose of any special fund-raising event or project. Any animals that are outsourced for boarding or medical requirements will be charged the cost per day plus a transport fee $35.00 each trip 12/2020 AWC approval 13 (d) No expenditure may be made from these funds unless first approved by the Animal Resource Center Manager and the Director. The expenditure of funds from the dedicated animal control special projects fund shall be subject to all state and local appropriation and purchasing requirements. Secs. 5-153-5-157. - Reserved.