Loading...
HomeMy WebLinkAboutAmending Chapter 5 Commonly known as Animals & Fowl ORDINANCE No. 7505-85 Passed by the Common Council of the City of South Bend, Indiana _ August 19, 19 85 Attest: City Clerk IRENE K. GAMMON .4dir - Attest: .�-�:.�s L� _ _ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 20, 19 85 City Clerk IRENE K. GAMMON Approved and signed by me ° 19& /l Mayor SUBSTITUTE BILL NO. 56-85 ORDINANCE NO.75'6.s°,2 ' AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY KNOWN AS ANIMALS AND FOWL STATEMENT OF PURPOSE AND INTENT The Common Council has received numerous complaints from City residents regarding various farm and wild animals which are being kept within the City limits. Complaints of noise, odor, bite cases, and animal excrement are just some of the many concerns brought to the Council's attention. The following ordinance attempts to balance several concerns. It sets forth reasonable and responsible animal regulations for those individuals who desire to own pets within the City limits. It also considers the concerns of the surrounding residents and their desire to have a quality of life which is not impeded by potential animal nuisance problems. The Council believes that this Ordinance sets forth responsible animal regulations and is in the best interest of the citizens of South Bend, Indiana. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 5 of the Municipal Code of the City of South Bend is hereby deleted in its entirety and replaced with the following: Chapter 5 Animals and Fowl Article 1. General Provisions1 Sec. 5-1 Definitions The following terms and phrases shall have the meanings set forth in this Article: (a) ABANDONMENT means to deposit, leave, drop off or otherwise dispose of any live domestic animal without providing immediate human care on any public or private property. (b) AGENT means person(s) eighteen (18) years or older authorized by an owner to act in the owners behalf. (c) ALTERED ANIMAL means any animal that has been operated on to prevent it from procreating. 1I.C. , 36-8-2-5 and 36-8-2-6, authorize Cities to capture and destroy • (d) ANIMAL means any live non-human vertebrate creature, domestic, wild, or exotic. (e) ANIMAL CARE FACILITY means an agency charged with housing animals picked up in violation of this Chapter. (f) ANIMAL CONTROL COMMISSION means the governing board. (g) ANIMAL CONTROL OFFICER means persons authorized to carry out the provisions of this Chapter. (h) ANIMAL SHELTER means a facility operated by the City of South Bend, or any facility operated by a humane society, or facility operated by authorized agents for the purpose of impounding or caring for animals held under the authority of this Chapter or State law. (i) AT LARGE means any animal that is not under restraint.2 (j) ATTACK DOGS mean dogs trained to attack upon command or those who have been trained to attack. (k) AUCTIONS mean any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this Chapter or State law. (1) CIRCUS means and includes performances given by traveling companies on vacant lots with tents, or some other kind of temporary enclosure, where performances are given for a fee. Performances may include, but are not limited to: trained animal acts, races, feats of horsemenship, acrobatics, strength, trapeze acting, or clowns. Circuses and carnivals are also subject to the licensing provisions set forth in Section 4-22 of this Code. (m) DOMESTIC ANIMAL means any animal that is a member of one of the following species: Dog (Canis Familiaris) Cat (Felis Cattus or Felis Domesticus) Cattle (Bos Domesticus or Bos Taurus or Bos Indicus) Horse (Equus Caballus) Donkey (Equus Asinus) Pig (Sus Scroffa) Sheep (Ovis Aries) Goat (Capra Hircus) Rabbit (Oryctolagus Cuniculus) Mouse (Mus Musculus) Rat (Rattus Rattus) Guinea Pig (Cavis Procellus) Chincilla (Chincilla Langier) Hamster (Mesocriecetus Auratus) Gerbil (Gerbillus Gerbillus) Mink Cow or Ox (Bovine) Ferret and all domestic animals defined in I.C., 15-2.1-2-15. (n) EXOTIC ANIMAL means any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and 2I.C., 15-2.1-21-8, addresses recklessly permitting a domestic animal to run at large and defines it as a Class B misdemeanor. Hawaii, except fish and fur bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and non-poisonous snakes and repitles. (o) EXPOSED TO RABIES means any human or non-human warm blooded mammal that has been bitten or in contact with any other animal known or reasonably suspected to have been infected with rabies. (p) FOWL means any kind of wild or domestic bird, excluding homing or racing pigeons, canaries, parrots, or similar types of birds kept in cages. (q) GUIDE DOGS mean dogs trained to assist the handicapped. (r) HARBORING means the actions of any person that permit any animal habitually to remain or lodge or to be fed within his home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three (3) consecutive days. (s) HUMANE OFFICER(S) means any person(s) and/or agency designated by the State of Indiana, St. Joseph County, or the City, as a person(s) who is qualified to perform the duties required by the law of this City and State regarding animals. (t) KENNEL means any premises wherein any person engages in the business of boarding, breeding, buying, letting or keeping of more than three (3) dogs for hire, training for a fee, or selling; and which is zoned for such commercial purposes. (u) OWNER means any person age eighteen (18) years or older owning or harboring one or more animals. (v) PERFORMING ANIMAL EXHIBITION means any spectacle, display, act, or event other than circuses, in which performing animals are used. (w) PET means any animal kept for pleasure rather than utility. (x) PET SHOP means any person, group of persons, partnership or corporation whether operated separately or in connection with another business enterprise. (y) PUBLIC NUISANCE means any animal or animals which: (1) Interferes with passerbys or passing vehicles. (2) Attacks other animals or persons. (3) Is at-large. (4) Damages private or public property. (5) Causes frequent or long continued noises or other sounds common to its species which disturbs the comfort or repose of any person in the immediate neighborhood. (6) Causes foul or noxious odors which offend residents in the neighborhood. (z) RABIES VACCINATION means the injection, by a licensed veterinarian, of a dog, cat or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Board of Health. (aa) RESTRAINT means the securing of an animal by leash or lead or confining it within the real property limits of its owner or agent. (bb) RIDING SCHOOL OR STABLE means any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule or burrow. (cc) RODEO means a performance featuring bronco riding, steer wrestling, calf roping, greased pig contest, or bull riding. (dd) STRAY means any animal that is not under restraint and or upon reasonable inquiry by a humane officer does not appear to have an owner. (ee) VETERINARIAN means any person licensed and accredited to practice veterinary medicine in the State of Indiana. (ff ) VICIOUS ANIMAL means any animal that has, without provocation, attacked a human being or other animal, or an animal that by its behavior or physical condition constitutes an immediate and serious physical or health threat to human beings or animals, or any animal which has previously attacked or bitten any human being or other animal on two (2 ) or more reported occasions. (gg) WILD ANIMALS means any animal not a domestic or exotic animal, with the exception of small, nonpoisonous aquatic or amphibious animals and small cage birds, which are normally found in the wild state. (hh) ZOOLOGICAL PARK means any facility, other than a pet shop or kennel displaying or exhibiting one or more species of non-domesticated animals operated by a person, partnership, corporation or governmental agency and is property zoned for such use. Sec. 5-2 Reserved for Future Use Article 2 . Animal Control Commission Sec. 5-3 Establishment and Duties of the Animal Control Commission. The Animal Control Commission is established and shall have the following duties : (a) Shall report to or be responsible to the Mayor and the Common Council. (b) To recommend proposed policies, principles, standards and regulations for the control and humane treatment of all animals in the City. (c) To review and to make recommendations on the improved enforcement of the terms of this Chapter and to the Common Council as to ordinances necessary for the care and treatment of all animals in the City. (d) To review the performance of any agency hired by the City, and agencies of the City in any matter related to the enforcement of this ordinance. (e) To receive reports from the Humane Society, Police Department, Code Enforcement Department, and Street Department involving animal control. • (f ) To submit to the Mayor and Common Council no later than March 1st of each year a written report of its activities and recommendations. (g) To receive complaints regarding alleged animal control violations and specifically alleged violations. Sec. 5-4 Membership of Commission. The Animal Control Commission shall be composed of five (5 ) members who shall be appointed, three (3 ) by the Common Council and two (2 ) by the Mayor: (a) One (1) shall be a licensed veterinarian. (b) One (1 ) shall be an owner or operator of a kennel, pet shop, zoological park, or commercial animal establishment, appointed by the Mayor. (c) One (1) shall be an employee from the Code Enforcement Department appointed by the Mayor and, (d) Two (2 ) shall be selected from the citizens of the City who are interested in responsible animal regulations. Sec. 5-5 Terms of Members. The members of the Commission shall serve at the pleasure of the appointing authority and each member shall serve until a qualified successor is duly appointed. All appointments shall be made for a four (4 ) year term, however the initial appointments shall serve one (1) for one (1) year, two (2 ) for two (2 ) years, and two (2 ) for three (3 ) years. The initial Council appointments shall be for one (1) two (2 ) and three (3 ) years, and the initial Mayoral appointments shall be for two (2 ) and three (3 ) years periods. Sec. 5-6 Meetings of the Commission. The commission shall meet at least on a quarterly basis each calendar year. At the first meeting of each year it shall elect a Chairman and other officers deemed necessary. Sec. 5-7 Reserved for Future Use Article 3. Animal Care Regulations Sec. 5-8 General Animal Care. Every owner and/or his agent within the City shall see that their animal(s) : (a) Is kept in a clean, sanitary, and healthy manner and is not confined so as to be forced to stand, sit, or lie in its own excrement. (b) Has sufficient and wholesome food and water, which is proper and nutritional for that species of animal. (c) Has a proper and adequate structure provided that will protect that animal from all elements of the weather and will allow that animal to stand, sit, and lie down without restriction, and is kept in a sanitary manner. (d) If ill, diseased or injured receives proper medical care as necessary to prevent the transmittal of a diseases i-t n+hc - animmlc �r beings and is segregated from other animals. (e) Is not beaten, cruelly ill-treated, overloaded, overworked, or otherwise abuse any animal, or cause, instigate, or permit any dog fight, cockfight, bullfight or other combat between animals or between animals and humans. (f) Is not physically altered in any manner by anyone other than a veterinarian with the exception of tattooing and grooming. (g) Is not abandoned, neglected, or tortured. (h) Does not become a public nuisance as defined in this Chapter. (i) Does not become a vicious animal. (j) Is properly vaccinated and/or licensed if required by a local, state or federal law. (k) Is properly restrained. Sec. 5-9 Sale of Baby Rabbits, Chicks or Fowl Prohibited; Exception.5 (a) No person shall display, sell, offer for sale, barter or give away baby rabbits, chicks, goslings, ducklings, turkeys or other fowl as novelties. (b) No rabbit, chick, gosling, duckling, turkey,or other fowl that has been dyed or otherwise colored artificially may be sold or offered for sale; raffled; offered or given as a prize, premium; or advertising device; or displayed in any store, shop, carnival, or other public place. (c) This Section shall not be construed to prohibit the sale or display of natural chicks, ducklings, or turkeys in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised for commercial purposes. Sec. 5-10 Motor Vehicle Accidents Involving Animals. (a) Any person operating a motor vehicle who knowingly hits, runs over or causes injury to any animal shall stop at once, ascertain the extent of injury and notify to the police department. (b) The motorist shall report his name, address, operator's license, registration number, type of animal hit, and the street location of the animal. Sec. 5-11 Animals in Motor Vehicles. No animal shall be left in a vehicle when the condition in that vehicle would constitute a health hazard to the animal, or when the weather would cause a health hazard to such animal inside a vehicle. 4I.C. , 35-46-3-2, addresses cruelty to animals. 5I.C., 15-2.1-21-13, addresses regulations relative to the sale of birds and rabbits. Sec. 5-12 Poisoning of Animals It shall be unlawful for any person to throw or deposit any known poisonous substance in any of the streets, alleys, parks, commons, yards or other places, whether public or private, within the City so that the same shall be liable to be consumed by any animal, provided that it shall not be unlawful for a person to expose on his or her own property to common rat or mouse poison, unmixed or mixed only with vegetable substances, or the eradication of termites or similar insects. Sec. 5-13 Trapping of Animals Restricted. (a) It is the purpose of this Section to prevent the potential harm that may be inflicted upon persons and to prevent the maiming, unselective catching, and destruction of wild animals or birds and domestic animals which come in contact with traps. Persons who believe that this section is being violated shall file their grievance with the Animal Control Commission for review. (b) No person shall trap for animals or fowl within the City limits unless such trap(s ) are cage type live traps approved by a humane officer or animal care facility used for the control of nuisance animals. This prohibition shall not apply to any trap specifically designed to kill rats, mice, gophers, or moles so long as the owner of the property is aware of where the trap (s ) are set. Sec. 5-14 Maximum of Number of Dogs or Cats per Household. (a) No person shall keep more than a total of three (3 ) dogs or cats over the age of six (6 ) months per household in any residential area zone "A", "A-1" , "A-2", "A-3", "B", or "B-1" (b) These restrictions mean a total of three (3) animals for example two (2 ) dogs and one (1) cat, or two (2 ) cats and one (1) dog, but in no event shall the total number exceed three (3 ) of such animals per household. (c) This restriction shall not apply to property which is at least one-third of an acre of land (14,520 square feet) , however any person owning more than three (3 ) such animals shall meet the provisions of Sub-Section (d) herein. (d) Persons desiring to have more than three (3 ) animals who meet the regulation set forth in Sub-Section (c) herein must have a minimum of one thousand (1, 000) square feet for each additional animal. Sec. 5-15 Acreage Requirements for Certain Domestic Animals. (a) Any person desiring to raise any of the following named domestic animals or fowl must have a minimum of five (5 ) acre in land: (1 ) Cow, ox, cattle, calves, or other livestock (2) Donkey, ass, burro, mule (3 ) Pig, swine, hog (4 ) Sheep (5 ) Goat (6 ) Chickens, roosters, geese, turkeys, ducks, or other fowl (7 ) Bees The maximum niimhor „f standards. (b) Any person desiring to raise horses must have a minimum of five (5) acres of land. (c) Any person desiring to raise rabbits as pets or racing or homing pigeons within the City limits must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created. (d) In no event shall the shelter and feeding area for any of the animals or fowl herein be closer than fifty (50) feet from the adjoining property line. (e) Bees must be kept in accordance with the following provisions: (1) If bee colonies are kept within fifty (50) feet of any exterior boundary of the property on which the hive, stand, or box is located, a barrier that will prevent bees from flying through it. (2) Fresh, clean watering facilities for bees shall be provided on the said premises. (3) The bees and equipment shall be kept in accordance with the provisions of State statutes. Nothing in this Section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located or kept within a zoological park, school, or university building for the purpose of study or observation. Sec. 5-16 Animals in Heat. Every female animal in heat or rutting shall be confined within a building or secure enclosure so that the animal cannot come into contact with a male animal of the same species except for planned breeding. Sec. 5-17 Owners or Agents Responsible for Removing Animal Wastes. (a) The owner or agent of an animal shall immediately remove the animal's excrement from public or private property, excepting a handicapped person working with a guide dog. (b) The owner or agent walking his dog(s) outside of his real property limits, must have in his possession a "pooper scooper", plastic bag, or similar device to pick up the dog's excrement if deposited while on said walk. Sec. 5-18 Animal Bites and Reports.6 (a) If any person is a victim of an animal bite, he shall immediately notify the South Bend Police Department or Department of Code Enforcement the incident, and provide a description of the animal and the identification, if possible, of the owner. When an animal is determined to have bitten a person, the animal shall7 be confined in quarantine for a period of not less than ten (10) days. (b) If the owner of an animal which has bitten a person has proof of current rabies innoculation the animal may be left in the charge of the owner under 61.C. , 15-5-12-1, addresses dog bite liability. 7I.C. , 15-2.1-6-11, addresses periods of confinement. quarantine unless in the judgment of the Humane Officer and based upon considerations of public safety he determines it should be removed to an animal shelter or veterinary hospital for the period of observation. (c) The owner shall be liable for all costs incurred in the quarantine of the animal and for any personal and property damage realized by the incident. (d) If the ownership of the biting animal cannot be determined, or if the owner does not furnish proof of current rabies innoculation, the animal shall be impounded for the period of observation of not less than ten(10) days. (e) Humane Officers shall be empowered to enter onto private property for the purpose of impounding animal(s) which are known to have bitten a person and shall obtain legal process to do so if necessary. (f) The Police Department shall send quarterly reports of all such bite cases and animals struck by motor vehicles listing the date, location, and type of animal involved to the Animal Control Commission. (g) Unless otherwise provided, the City and any of its agents shall comply with the standards set forth in I.C. , 15-2.1-6-1 through I.C. , 15-2.1-6-13 entitled "Rabies". Sec. 5-19 Vaccination of Dogs Required.9 (a) No owner of any dog shall keep or maintain a dog over the age of six (6) months unless it has been vaccinated by a licensed veterinarian with anti-rabies vaccine. (b) Proof of vaccination shall be maintained by the owner for display if requested by the City or its agents. Sec. 5-20 Performing Animal Exhibitions. (a) No person shall operate or maintain a performing animal exhibition without first having obtained a license from the City Controller's office. (b) The application for such licenses shall describe the proposed location, the purposes for which it is maintained, and the dates and hours of such performances. The application shall be accompanied by the written approval of the Department of Code Enforcement showing compliance with the local and State regulations governing location of and sanitation at the establishment, the written appoval of the building official showing compliance with the local regulations concerning building, zoning, and public health and safety regulations. (c) The applicant shall provide proof of insurance executed by a company legally authorized to do business in the State of Indiana in limits of liability not less than the amounts set forth in I.C., 34-4-16.5-4. (d) Each license for the maintenance of any performing animal exhibition shall be fifty dollars ($50.00) per day not to exceed five (5) consecutive days. 8I.C., 15-2.1-6-7, addresses impoundment and expenses. 9I.C., 35-46-3-1 defines harboring a dog that is over the age of six (6) months and not immunized against rabies as a Class C infraction. (e) Licenses for such performing animal exhibitions shall not be transferable from one owner to another or to different premises. (f) Any license issued under the provisions of this Section, may be suspended or revoked for violation of any local, county or state law regulating such establishment upon notice and hearing to the licensee as provided in Section 1-18 of the Municipal Code. Sec. 5-20 through 5-21 Reserved for Future Use Article 4. Wild Animals, Poisonous Repitles and Attack Dogs Sec. 5-22 Protected Animals. (a) It shall be unlawful for any person to possess with the intent to sell or offer for sale, or buy or attempt to buy, or own within the City any of the following animals of either thoroughbred or hybrid stock or pedigree: (1) All wild cats of the family felidae, (2) Polar bear (thalarctos maritimus) (3) Red wolf (canis niger) (4) Vicuna (vicugna vicugna) (5) Alligator (6) Caiman or crocodile of the order of corcodilia (7) Gray or timber wolf (canis lupus) (8) Sea otter (enhydra lutris) (9) Pacific ridley turtle (lepidochelys olivacea) (10) Atlantic green turtle (chelonia mydas) (11) Mexican ridley turtle (lepidochelys kempi) (b) It shall be unlawful for any person to buy, sell or offer for sale or own a native or foreign species or subspecies of mammal, bird, amphibian, or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress), as amended. (c) No person shall import or cause to be imported into this City any part of the plumage, skin or dead body of any species of hawk, owl, or eagle. This paragraph shall not be construed to forbid or restrict the importation or use of the plumage, skin, body, or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage. (d) This Section shall not be deemed to prevent the importation, possession, purchase, or sale of any species by any institute of higher learning, zoological park, persons holding federal permits, or to any person or organization licensed to present a circus or carnival pursuant to this Code. (e) Any animal being offered for sale or owned in violation of this Section may be seized by a humane officer and impounded. Any person violating any of the provisions of this Section shall be fined not more than two hundred ($200.00) dollars for the first offense and no more than five hundred ($500.00) dollars for each subsequent offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Sec. 5-23 Keeping Certain Animals Prohibited. (a) It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the City any poisonous reptile or any other dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal or any other animal or reptile of wild, vicious or dangerous propensities. (b) It shall be unlawful for any person to keep, maintain or have in his possession or under his control within the City any of the following animals of either thoroughbred or hybrid stock or pedigree: (1) All poisonous animals including rear-fang snakes (2 ) Apes: chimpananzees (Pan) , gibbons, (Hylobates ) , gorillas (Gorilla) , orangutans (Pongo) , and siamangs (Symphalangus ) (3 ) Baboons (Papoi, Mandrillus ) (4) Bears (Ursidae) (5) Bison (Bison) (6) Cheetahs (Acinonyx jubatus) (7) Crocodilians (Crocodilia) (8) Constrictor snakes, including but not limited to boa, python, and anaconda ( 9) Coyotes (Canis latrans) (10 ) Deer (Cervidae) , includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose. (11) Elephants (elephas and Loxodonta) (12 ) Game cocks and other fighting birds (13 ) Hippopotami (Hippopotamidae) (14 ) Hyenas (Hyaenidae) (15 ) Jaguars (Panthera onca) (16 ) Leopards (Panthera pardus) (17 ) Lions (Panthera leo) (18 ) Lynxes (Lynx) (19) Monkeys, old world (cercopithecidae) , new word (20 ) Ostriches (Struthio) (21) Piranha fish (Characidae) (22 ) Pumas (Felis concolor) ; also known as cougars, mountain lions and panthers (23 ) Rhinoceroses (rhinocero tidae) (24 ) Sharks (class Chondrichthyes ) (25) Snow leopards (Panthera uncia) (26 ) Spiders and insects which are poisonous (27 ) tigers (Panthera tigris ) (28 ) Wolves (canis lupus) (c) The provisions of this section shall not apply to zoological parks and circuses, if: (1) Their location conforms to the provisions of the zoning and licensing chapters of the City. (2 ) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors. (3 ) Animals are maintained in quarters so constructed as to prevent their escape and protect the public from coming in direct contract with them. (d) Any person, firm or corporation violating any provision of this Section shall be fined not less than two hundred dollars ($200. 00 ) for the first offense and not more than five hundred dollars ($500. 00 ) for each subsequent offense; and a separate offense shall be deemed committed on each day during which or on which a violation occurs or continues. 11 Sec. 5-22 Keeping Wild Animals (Ferae Naturae) . (a) It shall be unlawful for any person to keep, harbor, own, or permit to be kept on his premises any wild animal (ferae naturae). (b) Wild animals are defined in Section 5-1(jj) and shall include but not be limited to raccoons, skunks, foxes, squirrels, chipmunks, porcupines, wolves, and woodchucks. (c) Zoological Parks, animal care facilities, circuses or carnivals properly licensed pursuant to this Code, and persons possessing a valid Wildlife Permit from the Indiana Department of Conservation are exempt for this Section. (d) Any person who owns a wild animal and is not issued a wildlife permit or whose wildlife permit is revoked may have the animal(s) confiscated by the Indiana Department of Conservation or by a humane officer. (e) Persons in violation of this Section shall be fined one hundred dollars ($100.00) for the first offense and one hundred and fifty dollars ($150.00) for each subsequent offense; and a separate offense shall be deemed committed on each day during which or on which a violation occurs or continues. Sec. 5-25 Attack Dogs. No person shall harbor, hold for sale, sell, keep or maintain in the City any attack dog unless: (a) the attack dog is at all times confined in an escape-proof enclosure and protect the public from coming in direct contact with it, or (b) the attack dog, when not confined is reined or tethered to its master, owner, or keeper over the age of eighteen (18) years, and (c) the owner of the attack dog(s) is the holder of a currently valid permit issued by a proper State or Federal authority authorized to keep attack dogs. Duly authorized members of the police or other law enforcement departments including but not limited to game wardens, conservation officers, and other law enforcement officers shall be exempt from the provisions of this Section. Sec. 5-26 Interference with Humane Officer Prohibited. It shall be a violation of this Chapter to interfere with or impede a humane officer or other officers in the performance of their duties set forth in this Chapter. Sec. 5-27 through 5-29 Reserved for Future Use Article 5. Adopted and Purchased Animals Sec. 5-30 Spaying and Neutering of Adopted Animals. Any dog or cat adopted from a local humane society or animal care facility must be spayed or neutered by a licensed veterinarian. If the dog or cat is an adult, such operation shall be performed upon adoption or within ten (10) days from the date of adoption if the facility does not have licensed vetererinarian services on site. Individuals must sign a written agreement with the adopting facility guaranteeing that such animal shall be neutered or spayed within the ten (10) day period. If the dog or cat is too young to undergo the operation, it shall be neutered by a licensed veterinarian by the age of six (6) months if male, or spayed, if female, by a licensed veterinarian by the age of six (6) months. An exception is only made if a licensed veterinarian certifies that said animal is physically unable to undergo such an operation within the time limitations. Sec. 5-31 Care of Adopted Animals. Any animal adopted from a local humane society or animal care facility shall be kept in conditions that do not violate any Section of this Chapter or violate any applicable county, state and federal laws governing treatment of animals. Sec. 5-32 Notice of Pet Registration Required. (a) Any resident of the City of South Bend who adopts a dog from a humane society, animal care facility, or any non-for-profit agency, or who purchases a dog from a for-profit business or organization must be given a copy of the "Pet Registration Required" form by the facility. (b) The City Controller's Office shall provide "Pet Registration Required" forms to all such facilities on an annual basis. (c) Such forms shall be in triplicate form with the original being sent to the Controller's office by the selling or adopting facility within ten (10) days of date of purchase of adoption, the first copy being kept by the dog owner, and the second copy being kept by the selling or adopting facility. The form shall be as follows: PET REGISTRATION REQUIRED (Date) Name of Owner(s) Last First Middle Street Address City State Zip Code Type of Dog Purchased/Adopted: age Colorings Name (if any) Name of seller/adopting agency Street Address City State Zip Code The purchaser(s) understand that the City of South Bend, Indiana requires the owner(s) of all dogs over the age of six (6) months to obtain a license for such dog(s) . Licenses can be purchased from the City Controller's office, 12th floor, County-City Building, South Bend, Indiana 46601, (219) 284-9483, hours 8:00 a.m. to 4:45 p.m. week days. This form is completed in triplicate with the original being sent to the City Controller's Office, the first copy being kept by the dog owner, and the second copy being kept by the selling or adopting facility. Failure to comply with the licensing requirements shall subject the owner to penalties provided in the South Bend Municipal Code. I have read the foregoing Pet Registration Requirement form. Signature of Dog Owner Article 6. Impoundment Sec. 5-33 Impounding Procedures. (a) All animals found to be at large, stray or being a nuisance may be taken by the police, animal control officer, or humane officers and impounded. (b) If any dangerous, ferocious or vicious animal is found at large cannot be safely taken up and impounded, such animal may be tranquillized, slain, or humanely euthanized to prevent undue suffering, by a police officer , animal control officer, or humane officer. (c) Impounded dogs without City tags (licenses) must be kept for a reasonable period of time but not less than two (2) days excluding Sunday before being adopted out or euthanized after their impoundment. (d) Impounded dogs with City tags (licenses) shall be kept for not less than five (5) days excluding Sunday to permit their owners to claim them. After the expiration period of time has elapsed, these dogs may be placed for adoption or euthanized if their owners have not claimed and paid the required fees. (e) All other impounded animals (except dogs which are specifically covered herein) shall be under the authority of the animal shelter. The animals shall be held at least one (1) day, after which time the animal shelter shall have the authority to take whatever action is necessary with regard to adoption or euthanasia for such animals. (f) An owner reclaiming an impounded animal shall pay to the animal shelter a fee of fifteen dollars ($15.00) plus seven dollars ($7.00) for each day the animal has been impounded for food, *board, and related expenses. (g) No unlicensed dog shall be released from an animal shelter without a license being issued in accordance with this Chapter. However, if such shelter does not have licensed veterinarian services on site, the dog may be released and must be vaccinated for rabies within forty-eight (48) hours, excluding Sundays, and supply proof of the same to said shelter. (h) Nothing contained herein shall limit the animal shelter's authority to take whatever action is reasonably necessary to deal with a sick or injured animal. Sec. 5-34 Reserved for Future Use Article 7. Registration and Permits Sec. 5-35 Pet Registration. (a) Any person owning, keeping, harboring or having custody of any dog over the age of six (6) months must obtain a pet registration for such animal; provided, however, that no pet registration shall be required of any Animal Welfare Organization, municipal animal control facility or governmental agency, or guide dog. Animals belonging to those agencies or persons will be issued complimentary registration tags. (b) A durable tag stamped with registration number and year of issuance will be provided to pet registration holders for each registration granted. Dogs must wear their tags at all times on their collars, except when involved in any organized show, obedience demonstration, training situation or under the care of a licensed veterinarian. Sec. 5-36 Pet Shop Permit. (a) Any person operating a pet shop as defined in this chapter shall obtain a pet shop permit. (b) The permit holder shall furnish the purchaser a written statement at the time of sale containing the following: (1) Date of sale, (2) Name, address and telephone number of purchaser and permit holder, (3) Permit number of permit holder, (4) Breed, description, approximate age and sex of dog, cat or other animal sold. (Small mammals, parrot type birds, and fish not included.) (5) Internal parasite medication(s) and date(s) administered. (6) A guarantee of good health for a period of not less than one (1) week with recommendation to have the animal examined by a licensed veterinarian. The permit holder shall retain a copy of the written statement for a period of twelve (12) months from the date of sale. The permit holder shall also provide the purchaser with a "Pet Registration Required" form if the purchaser resides in City of South Bend. (c) All pet shops defined herein shall take care to house animals in a sanitary manner, appropriate medical services, care, and housing shall be given according to individual species needs. Sec. 5-37 Circuses and Carnivals. Any person who is responsible for a Circus or Carnival as defined by this Chapter must comply with the licensing provisions of Sec. 4-22 of this Code. Sec. 5-38 Zoological Parks. Zoological Parks may be issued complimentary permits at no fee. Sec. 5-39 Animal Control Shelter/Animal Welfare Organization No permit shall be required of a humane society, animal welfare organizations, however, all other animal care provisions of this Chapter shall apply. Sec. 5-40 through 5-44 Reserved Article 8. Registration and Permit Applications/Inspections/Fees Sec. 5-45 Application/Term. (a) Application for registrations or permits may be made at the City Controller's Office or designated facility, or by mail, and shall include name, address of applicant, type of permit applied for, number and description of animal(s) , proof of rabies vaccination, information regarding sterilization, and appropriate fee. (1) All applicants must be in compliance with zoning and all other applicable state or local laws,and shall not have been convicted of any of the cruelty to animal offenses set forth in I.C. , 35-46-3-2, within the past twelve (12) months. (2) Those permits that require prior inspection will not be issued until proof of such inspection is made available to Controller's Office by the inspecting agency. (b) Registration and permits are to be issued for a term of one (1) year, commencing with the first day of February and expiring at midnight on the last day of the licensing period. After February 1st all applicants will be required to pay an additional five dollars ($5.00) for each registration or permit required; provided, however, circuses, carnivals, performing animal acts, or exhibitions shall be exempt from the penalty. (c) Upon issuance, City Controller's Office shall issue a registration or permit in written form which includes number of registration or permit, type of registration or permit, and all pertinent information. In addition, the Controller's Office shall issue a durable tag stamped with registration number and year of issuance for each pertinent registration. (d) The Controller's Officer shall maintain records of the identifying registration/permit number. (e) All fees shall be paid at time of application, and prior to the issuance of the permit or registration. Sec. 5-46 Inspection. (a) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter or when there is reasonable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or Indiana State Law, the Code Enforcement Officer, Health Officer, Police Officer or Humane Officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this Chapter or any State law; provided that: (1) If the property is occupied, the officer shall first present proper credentials to the occupant and request entry explaining the reasons therefor; and (2) If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefor. (b) In the event a Code Enfocement Officer, Health Officer, Police Officer, or Humane Officer has reasonable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous or constitutes a public nuisnace as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the Officer shall have recourse to secure lawful entry and inspection of the property. Sec. 5-47 Fees. In addition to all other fees required by law to be paid, the following fees shall be paid: (a) Pet Registration: Each altered dog $2.00 Each unaltered dog $5.00 Each dog owned by a person over age of 65 $2.00 A statement from a veterinarian saying that neutering shall constitute a threat to the health of that animal shall be issued a permit for $2.00 Replacement tag $5.00 (1) Application for a pet registration must be made within thirty (30) days of acquiring a dog over the age of six (6) months, or within thirty (30) days of the date in which a puppy attains the age of six (6) months. (2) This requirement will not apply to non-residents keeping an animal within the City for not more than thirty (30) days. (b) Pet Shop Permit: Fee $100.00 (1) Permit will be issued after inspection approved by Code Enforcement Department and/or Board of Health and verification of same submitted to Controller's office. (c) Circus and Carnival Permits: Fee As set forth in Sec. 4-22 Sec. 5-48 Permit Denials. Any person who is denied a permit or whose permit is revoked shall be governed by the provisions set forth in Section 4-16. Article 8. Penalties/Violations Sec. 5-49 Penalties. (a) Warning Notices. Persons who fail to have their dogs registered pursuant to Sec. 5-19, or whose animals violate Sec. 5-1(aa), or who fail to comply with the Registration and Permit Article of this Chapter, or who violate any other provision of this Chapter shall be served with a warning notice requesting immediate compliance. Said warning notice shall state that the person is in violation of the City Code, and that he has seven (7) days in which to comply. The warning notice shall contain the date, time, name and address of the violator, the Code section violated, nature of the violation, location of the violation, the name of the officer issuing the warning notice and the telephone number of the office to contact for information. (b) Citations and/or Hearings Before The Code Enforcement Hearing Officer. (1) Any person served with a warning notice and who fails to comply shall be subject to the citation procedures and/or a hearing before the Code Enforcement Hearing Officer. Citations shall contain the date, time, name, and address of the violator, the code section violated, the nature of the violation, location of the violation, and the name of the person issuing the citation. The citation shall have instructions thereon as to the description of the citation. (2) Any person who violates any of the following Sections: 5-8, 5-9, 5-11, 5-12, 5-13, 5-14, 5-15, 5-16, 5-17, or 5-26 shall be subject to a citation of $15.00 per violation, and/or subject to a hearing before the Code Enforcement Hearing Officer. (c) For all other violations of this Chapter, and its provisions, unless otherwise specified, fines shall be not less than fifteen dollars ($15.00) for the first offense, thirty dollars ($30.00) for the second offense, and fifty dollars ($50.00) for each offense thereafter. (d) In the event that an animal is retained at the Shelter because its owner has been in violation of this Chapter, the person redeeming the animal by paying the fine shall also be subject to paying for medical bills incurred for routine shots for animals if required, boarding fees, and all applicable permit fees. (e) Violators, upon conviction, may be given the opportunity to work in a community service program such as a humane society and/or participate in a humane education program, if so recommended by the Court. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. ` 40 - �, , Member of the i i . wimcil T o® �SpU A g�oel� ° CITY of SOUTH BEND r a. . -y� '��11� i \ I® o 141\\PEACE a �®' COMMON COUNCIL evit .:.. +� e� 441 COUNTY-CITY BUILDING SOUTH BEND,INDIANA 46601 NA,,'`186 {'p°� BEVERLIE J.BECK Area 219 284.9321 President EUGENIA BRABOY June 5 , 1985 Vice•President JOSEPH T.SERGE Chairman, Committee of the Whole The South Bend Common Council 4th Floor County-City Building JOSEPH T.SERGE South Bend, Indiana 46601 First District EUGENIA BRABOY RE: New Animal Ordinance Second District BEVERLIE J.BECK Dear Councilmembers : Third District ANN B.PUZZELLO Fourth District The attached bill incorporates new animal regulations ROBERTG.TAYLOR for the City of South Bend. Fifth District THOMASZAKRZEWSKI It reflects a substantial amount of research and Sixth District BEVERLY D.CRONE incorporates the best provisions of responsible animal At Large control regulations recommended by the Humane Society ALB.PASZEK of the United States. It also incorporates some of the At Large provisions currently enforced in the other municipalities JOHN VOORDE such as Fort Wayne and Columbus , Indiana. At Large K.CEKANSKI-FARRAND The proposed ordinance is a positive approach to Council Attorney animal control within the City of South Bend. It repeals current ordinance which in many instances have been ignored, held to be impractical, and have not been enforced. Since the ordinance would require the assistance and cooperation of many individuals , I am asking that it be sent to the Public Safety Committee of the Council for review, and that the public hearing be set for July 22d. The following is a brief summary in chronological order of the bill highlighting some of its provisions : (1) It sets forth clear and precise definitions. (2) It establishes an animal control commission which will oversee and make recommendations to the City on an annual basis regarding animal regulations. (3) It sets forth specific animal care regulations . (4) It prohibits the poisoning of animals and restricts trapping of animals. Page 2. Common Council (5) It sets forth reasonable acreage requirements for the keeping of domestic animals within the City. (6) It updates the quarantine regulations in light of State law. (7) It specifically prohibits certain animals and poisonous reptiles and insects from the City. (8) It prohibits the housing of wild animals except in limited situations. (9) It requires that persons adopting or purchasing dogs be given a notice of pet registration at time of purchase with the adopting or selling facility sending a copy of such notice to the City for their follow-up. (10) It classifies specific types of permits. (11) It incorporates a warning notice procedure, citation procedure and hearings before the Neighborhood Code Enforcement Officer, as well as establishes specific fines based on the seriousness of the violation. I believe that this ordinance will drastically improve and update the local ordinances dealing with animals and will help assure that animals housed within the City limits will be treated in a fair and humane manner. I wish to thank the Council Attorney for her research and preparation of this ordinance. I seek your support and comment. Sincerely, C76(14.A...4.Z. /4*- Beverlie J. Beck Council President flnmmtttrt &pnrt ail' the Tontnwn Qlounril of tip U itl of*mill fiend: Your Committee of the Whole to whom was referred BILL NO. 56-85 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND COMMONLY KNOWN AS ANIMALS AND FOWL. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended. Joseph T. Serge Chairman FREE PRESS PUBLISHING CO.