Loading...
HomeMy WebLinkAbout9427-03 Amend Chapter 5, Inclusion of new Article 3.1 Entitled Animals Prohibited to be brought to Large Events held on Public PropertyORDINANCE No. sa:,.o3 Passed by the Common Council of the City of South Bend, Indiana June 9, Attest: Attest: 20 03 Presented by me to the Mayor of the City of Soutlr Bend, Indiana June 10, 03 2Q Ciry Clerk President of Common Council City Clerk June 10, Approved a~td signed by me 20 03 Mayor Ordinance No . "1 ~ Z,'~" ~.3 Bill No. 41-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 3.1 ENTITLED ANIMALS PROHIBITED TO BE BROUGHT TO LARGE EVENTS HELD ON PUBLIC PROPERTY STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, recognizes Chapter 5 of the South Bend Municipal Code sets forth regulations addressing "Animals and Fowl" and are aimed to protect the rights of persons who wish to be responsible animal owners and to promote safe animal regulations. In light of the many public safety concerns brought to the Common Council's attention by members of the South Bend Police Department, it has been determined that reasonable regulations must be in place before the 2003 Summer in the City event which would restrict the bringing of animals by members of the public to large events held on public property. The City of South Bend annually sponsors a large public event called "Summer in the City" which is held along the St. Joseph River east of the downtown. At last year's Summer in the City event and at other large events held on public property, there were several instances which threatened the public safety of some of those in attendance. More specifically, dogs were seen lunging at small children who were waiting in line to enjoy the amusement rides. Instances were also witnessed involving an albino boa constrictor. Such instances brought panic and threatened the safety and enjoyment of several members of the public. Additionally, persons who brought animals to such large events held on public property in the past, have failed to immediately remove the animal's excrement from the public property. For those who unwittingly walked such areas, this further dampened their enjoyment. There are many communities which prohibit persons from bringing their animals to such large public events, with such restriction being based on public safety concerns. The following ordinance would prohibit persons from bringing animals to large events held on public property, with limited exceptions. These regulations are deemed to be in the best interests of the protecting the health, safety and general welfare of the community. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 5 of the Sozcth Bend Municipal Code is hereby amended by the inclusion of new Article 3.1 entitled "Animals Prohibited to be Brought to Large Events Held on Public Property" which shall read in its entirety as follows: -1- Article 3.1 Animals Prohibited to be Brought to Large Events Held on Public Property. Sec. 5-21.1 Legislative Findings and Intent. The Common Council of the City of South Bend, Indiana, makes the following findings of fact: 1. Quality of life issues are of paramount importance and affect not only the physical well- being and safety of residents of the City but also those who wish to participate in large City- sponsored events held on public property. 2. Persons who bring animals to such large public events have caused fear to some members of the public who wished to participate in such activities. 3. It is appropriate for the protection of the public safety and welfare to enact reasonable regulations to ensure that public safety is not jeopardized by acts which maybe caused by animals which cause intimidation because of the animal's menacing, potentially assaultive conduct, or unpredictable behavior when in a large crowd of people attending a large events held on public property. 4. Current ordinances are inadequate to deal with the problems which local law enforcement officers have witnessed at large events held on public property. 5. This Article is further intended to protect the public health, safety and general welfare of the citizens of South Bend, Indiana, and those who wish to participate in large events held on public property, and to assist law enforcement officers by providing them a tool for enforcement. Sec. 5-21.2 Persons Prohibited to Bring Animals to Large Events Held on Public Property. a. No person shall bring to, permit, take, possess or allow any animal as defined in Section 5-1 of this Chapter to be at a large event which is any public gathering held on public property in the City of South Bend, where 50,000 or more persons are anticipated to attend. b. This prohibition shall apply to all animals, whether domesticated or otherwise, and whether or not leashed, caged or otherwise controlled. c. The City shall be responsible for posting signs at the main entrances to such large events held on public property which inform the public of this prohibition. Sec. 5-21.3 Exceptions. This Article shall not apply to: (a) Disabled person(s) who have need of a specially trained service animal to safely and -2- effectively carry out their activities; (b) Displays conducted by animal welfare organizations as part of the large event; (c) City, County, State or Federal law enforcement officers while acting in their official peace officer capacities; (d) Parades in the public right-of--way and any other events which have been specifically reviewed and approved by South Bend Board of Park Commissioners; or (e) Animals which may perform as part of a carnival, circus or parade which are regulated under Section 4-22 of the South Bend Municipal Code. Sec. 5-21.4 Penalties. (a) Any person found in violation of this Article shall be warned that animals are prohibited and must be removed immediately. The person and the animal(s) maybe escorted from the area. (b) If the person given the warning fails to immediately remove the animal from the large event on public property or returns to the large event with an animal during the course of the event, the animal maybe seized and impounded pursuant to Section 5-24 of this Chapter. (c) In addition to seizure and impoundment of the animal, the person who after receiving a warning fails to remove from or returns with an animal to the large event may be issued a citation for violation of this Article in the amount of one hundred twenty five dollars ($125.00) in addition to any other citations that maybe issued pursuant to Section 5-49 of this Chapter. Such fines shall be paid through the Ordinance Violations Bureau. Section II. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of the ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and the declaration by the mayor that there is an urgent necessity requiring the ordinance's immediate effectiveness thereby causing the Office of the City Clerk to post in three (3) public places in each of the six (6) Councilmanic Districts a copy of this ordinance, pursuant to Indiana Code, 36-4-6-14 (b)(2). k ,t.~irt Member of the Common Co ncil 1st READING S-z~_o3 PUBLIC HEARING (,~ ~~ , p~ Q S S~~,r-~-t~s~i e.~ 3 rd READWG b_9-0~ 0.S Sc~~n1`~•~ ~•.,;~ NOT APPROVED REFERRED PASSED (o -~ _p 3 Q S S u.~ s-~-~ ~-~':.s-d~ -3- 1FIIed in Cl~rk'~ f~ffi~~ ~ ~ ~ Q ~ 2003 LORETiA J. DllDA CITY CLE6i1o, F«O. BEr1D. i;~. PROCLAMATION OF URGENT NECESSITY WHEREAS, the City of South Bend is holding the Thirtieth Annual Summer in the City Festival on June 13, 14 and 15, 2003; and WHEREAS, it is anticipated that a large number of people will attend this event, as the event has had attendance in previous years of approximately one hundred and fifty thousand (150,000) people; and WHEREAS, the presence of animals at events such as the Summer in the City Festival and other large public gatherings impairs public health, comfort and safety and the health and safety of animals brought to such gatherings; and WHEREAS, the South Bend Police Department has encountered problems with animals at such gatherings at previous events and has requested an ordinance prohibiting people from taking animals to such events and that such an ordinance take effect before the 2003 Summer in the City Festival; and WHEREAS, the Indiana Code, at Section 36-4-6-14(b)(2) provides that an ordinance prescribing a penalty or forfeiture for a violation may take effect without prior publication if there is an urgent necessity requiring its immediate effectiveness, and the city executive proclaims an urgent necessity, and copies of the ordinance are posted in three public places in each of the districts from which members are elected to the legislative body. NOW, THEREFORE, pursuant to Indiana Code Section 36-4-6-14(b)(2), I hereby proclaim that there exists an urgent necessity for the Bill No. 41-03 to become effective immediately upon its passage. Pursuant to that statute, I hereby direct that the ordinance shall be posted in three public places in each of the six (6) Councilmanic Districts. Dated: June 10 , 2003 Stephen J. Lu e Mayor, City of South Bend TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 41-03 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 3.1 ENTITLED ANIMALS PROHIBITED TO BE BROUGHT TO LARGE EVENTS HELD ON PUBLIC PROPERTY Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. (See underlined and marked out copy with bill.) Karl King Chairman 1400 Coux~-Cm BuILDixc SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECICE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY June 9, 2003 ALnDEnN M. DERosE CHIEF ASSISTANT CrTYATTORNEY Ms. Karen White President, South Bend Common Council 4`'' Floor, County-City Building South Bend, IN 46601 Re: Substitute Ordinance #41=03 Dear Ms. White: Attached for Common Council consideration is substitute Ordinance No. 41-03. For ease of review by the Council members, I include a version that shows the revisions to the original ordinance by strike out and underlining, as well as a clean version of the substitute ordinance. The basic changes to the original ordinance which were made with input from the City Departments of Code Enforcement, Police, Animal Control and Parks are the following: 1. Change the definition of a large event on public property to one where 50,000 or more people are expected to attend so as to limit the regulation to the Summer in the City- festival or similarly sized events, and excluding parades where large crowds of 50,000 persons or more may be gathered but where the presence of dogs is manageable, and somewhat expectable. 2. Change the penalty provision to provide for one warning and thereafter if the person warned fails to properly respond, a citation fora $125.00 fine maybe issued. This citation is discretionary and gives the enforcing officer the ability to assess situations differently based on unique facts and circumstances. The officer may also issue a citation under Section 5-49 which specifies the penalties for, among other things, keeping certain poisonous or wild, dangerous or endangered animals, keeping an unlicensed pit bull, and failing to remove animal waste. The fine of $125.00 is proposed because it is expected that most members of the public will comply with the initial warning, and a significant fine over $100.00 is required to deter the few owners of menacing animals who may resist or object to the regulatory process. We hope you will give this substitute ordinance your approval. Ms. Catherine Brucker, THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL HASH JEFFREY M. JANKOWSKI JOHN R. LIVINGSTON ROBERT C. ROSENFELD JOHN E. BRODEN Ms. White Page 2 June 9, 2003 Chief Thomas Fautz or his designee, and possible a representative of the Parks Department will be present at your Committee meeting and at the public hearing this evening to make the presentation to the Council. I also include the Mayor's original Proclamation of Urgent Necessity authorizing and directing the special posting procedure under I.C. 36-4-6-14(b)(2). This ordinance, upon passage, should therefore be posted by the City Clerk's Office in three public places in each of the six (6) Councilmanic Districts. Thank you for your consideration of these matters. Sincerely, `/ % ~~~,. Aladean M. DeRose Chief Assistant City Attorney AMD/cw cc: Mayor Stephen Luecke Catherine Brucker Thomas Fautz Kathleen Cekanski-Farrand Ann-Carol Nash Phil St. Clair filed to ~I~r~'s ~ffic~ J U l~ 0 ~ Z003 v.rV~^oar~rrr~ ~. ~~A: u,..... ~. CiE 6 ke ~.ti.~s~e ~~`:~+T'. =tr `v`;r It i€i, ..