HomeMy WebLinkAbout05-30-13 SBACC Special Committee Meeting Minutes 5-30-13
South Bend Animal Care and Control Special Committee
Regular Meeting
Thursday,May 30,2013
5:30 p.m.
Presiding: ValerieSchey, Chairperson
Members present: Valerie Schey, Becky Kaiser,KellyPickell, Pam Comer, Dr. Mariah Covey, Linda
Candler, and Aaron Blight
Others present: Anne Reel, Ann-Carol Nash, John Voorde, Linda Zach, Kelly Adelsperger, William Sykes,
Patricia Trinka and Tony Trinka
Summary:
This was the second meeting of the SBAC3 committee. The mission of this committee is to conduct a
thorough review of Chapter 5 of South Bends Municipal Code. In doing so, the committee will prepare
a summary of advisory recommendations for the Health&Public Safety committee for revisions and
updates to Chapter 5.
Chapter 5 as it exists today was enacted in 1985. In the past 27
changed significantly. Likewise, animal sheltering has also made significant strid
dog pound catch and kill method of animal control.
We are using a recently amended Fort Wayne Chapter as a foundation to work fromWewill also be
examining Indianapolis and Bloomingtons chapters in order to consider best practices from other
cities. We are using Indiana cities to ensure that our policies will be a supplement toexisting state
law.
In our meeting on 5/16/13 we began with Section 91.001 and ended at the definition of Department
of Animal Control or Department .
The definitions covered in our last meeting that required additidiscussion
were:
Animal Fighting Paraphernalia we will discuss animal fighting and laws governing this in Secti
91.023 & 91.999. All laws will be supplemental to state law. S
tate laws regulate criminal animal
cruelty/fighting.
At LargeThere was a question of whether the definition of "At Large" that had been p
addition to the new ordinance would include the use of electric
words "not confined" and then continues by limiting "not confined" to additionally require a "pen,
corral, yard, cage, house, vehicle, or other secure enclosure." For the reasons stated below, I believe an
invisible fence would not satisfy the "confined" requirement, ev
a dog could be sufficiently "confined" by an invisible fence.
The court (on page 4) explains that where a definition is not cl
are to be given their plain, ordinary, and usual meaning" and th
language dictionaries as well as consider the relationship with other words and ph
Webster's defines "enclosure" as:
1
: the act or action ofenclosing : the quality or state of beingenclosed
2
: something that encloses
3
: something enclosed <a letter with two enclosures>
And given that our proposed definition "other secure enclosure" follows "pen, corral, yard,
house, vehicle" (things that are tangible/physical" it would see
proposed definition would require something physical/tangible anic fence.
Even still, with or without an electronic fence, the proposed de
out of its yard, then it is at large. Thus, even if an electroni
ordinance has been violated.
Auction questions rose regarding regulation of on-line activity, i.e.: Craigs List. Further research
needed.
Animal Control Officer go to section 91.106
Attack & Bite go to section 91.034 & 91.999
Breeder where cat or dog is written, strike and replace with Animal
Cattery & Animal Hoarder will revisit when limits are discussed in section 91.054
This meetings discussion beganwiththerequest to adddefinitions for: Colony, Colony Caretaker,
Free-roaming cat and Managed colony. Pulled from Indianapolis Code, the proposed language to
support these definitions would be:
Sec. 531-205. -Care for unmanaged colonies prohibited.
It shall be unlawful for a person to provide food, water or shelter to a colony of free-roaming cats, unless:
(1)The colony is a managed colony, registered with the animal care and control division or its designee;
or
(2)The food, water or shelter is provided in conjunction with the implementation of trap, neuter, and
return methodology as set forth in section 531-209 of this chapter.
(G.O. 100, 2005, § 2)
Sec. 531-209. -Managed free-roaming cats.
(a)The animal care and control division or its designee, in order to encourage the stabilization of the free-
roaming cat population in the city, may:
(1)Trap any free-roaming cat in a humane manner;
(2)Have the cat surgically sterilized, ear-tipped, and vaccinated against rabies by a licensed
veterinarian; and
(3)Release the cat to animal care and control for adoption or other disposition in accordance with law,
or to a colony caretaker who will maintain the catas part of a managed colony of free-roaming cats.
(b)The enforcement authority may impound free-roaming cats in violation of this chapter and dispose of the
cats in accordance with section 531-731. Any free-roaming cat impounded by the enforcement authority that
bears an appropriate ear-tipping indicating it belongs to a managed colony may, at the discretion of the animal
care and control division, be returned to its managed colony unless illness or injury present an imminent
danger to public health or safety.
(G.O. 100, 2005, § 3)
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Sec. 531-210. -Colony caretaker responsibilities.
(a)Colony caretakers shall abide by standard guidelines devised by the animal care and control division or
its designee regarding the provision of food, water, shelter and veterinary care for cats within the managed
colony.
(b)Colony caretakers shall have alicensed veterinarian evaluate the health of all trapped free-roaming cats.
Seriously ill or injured cats with no reasonable prognosis for humane rehabilitation for survival outdoors will be
humanely euthanized.
(c)A person who violates any provision ofthis section shall be punishable as provided in section 103-3 of
this Code; provided, however, a fine imposed for the first such violation shall not be less than twenty-five
dollars ($25.00); subsequent or continued violations caretaker's removal from management of the managed
colony, or the designee's removal from the program.
(G.O. 100, 2005, § 3)
Dueto time constraints,our discussion ended withSection 91.003. This is where ourdiscussion will
begin on Wednesday, 6/12/13.
Next CommitteeMeeting:
The regular meeting of the South Bend Animal Care and ControlSpecial Committee is scheduled for 5:30
pm on 6/12/13.
Adjournment:
There being no further business to come before the South Bend An
Committee the meeting was adjourned at 7:00 pm on May 30, 2013.
Valerie Schey, Chairperson
-Signature on file -
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