HomeMy WebLinkAbout07-27-2026 FINAL Agenda Packet
OFFICE OF THE CITY CLERK
BIANCA L. TIRADO, CITY CLERK
INTEGRITY | SERVICE | ACCESSIBILITY
Jasmine Jackson Matthew Neal Veronica Pitt-Payne
CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: BIANCA L. TIRADO, CITY CLERK
DATE: THURSDAY, JULY 23, 2026
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, July 27, 2026:
Council Chambers
3rd Floor City Hall
215 S. Dr. Martin Luther King Jr. Blvd.
South Bend, IN 46601
The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting
Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/072726CC
2:45 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, TOMAS MORGAN
1. Bill No. 39-26 - Repealing Chapter 5 of the South Bend Municipal Code Entitled
Responsible Animal and Pet Ownership Care and Control Regulations, and
Replacing it With a New Chapter 5 Entitled Animal Care Regulations and Welfare
Enforcement Committee Discussion Only
3:15 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE
1. Bill No. 40-26 - Amending Section 16-53 of the South Bend Municipal Code
Regarding Conditions Constituting Public Nuisances
2. Bill No. 41-26 - Amending Chapter 20, Article 3 of the South Bend Municipal Code
to Update Definitions, Procedures, and Enforcement Provisions Relating to
Abandoned Vehicles
3. Bill No. 42-26 - Amending Section 20-48 of the South Bend Municipal Code
Concerning Improper Vehicle Parking
4. Bill No. 43-26 - Amending Chapter 20, Article 11 of the South Bend Municipal
Code Regarding the Parking of Large Vehicles
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
300 City Hall | 215 S. Martin Luther King, Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
3:50 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WHITE
1. Bill No. 46-26 - Amending Section 4-61 of the South Bend Municipal Code
Regarding Taxicab Licensing and Operations and Providing for the Extension of
Current Licenses
2. Bill No. 26-20 - Resolution Approving a Lease Between the South Bend
Redevelopment Authority and the South Bend Redevelopment Commission and
Taking Other Actions Related Thereto
4:25 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS
1. Bill No. 45-26 - Amending the Zoning Ordinance for Various Properties Located on
Johnson Street, Orange Street, and Parallel Street
2. Bill No. 26-21 - Resolution Urging a Pause on the Enactment of the Midwest
Continental Divide Trail and Committing to Resident Input, Fiscal Responsibility,
and Property Rights
5:00 P.M. COMMUNITY INVESTMENT AND CHAIRPERSON, WHITE
ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS
1. Public Hearing to Review the Unified Development Ordinance (UDO) and
Any Zoning Regulations and Land Development Rules, With the Goal of
Increasing Housing Development
Council President Canneth Lee has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Joint Community Investment and Zoning & Annexation
Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor James Mueller
Committee Meeting List
Media
NOTICE FOR VIRTUAL ATTENDEES
Virtual attendees wishing to speak during the public portion of the meeting must
activate their camera, displaying the speaker, to be recognized by the Chair.
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
1
SOUTH BEND COMMON COUNCIL
M EETING A GENDA
Monday, July 27, 2026
7:00 P.M.
The South Bend Common Council meeting will be open to the public
at the Council Chambers on the 3rd floor of the South Bend City Hall, 215 South
Dr. Martin Luther King Jr. Blvd., South Bend, IN 46601
or available by way of a virtual meeting using the Microsoft Teams Meeting
App. Public access to the meeting can be granted by this Microsoft Teams Link:
https://tinyurl.com/SBCC072726
1. INVOCATION
PASTOR MARK LANTZ | CHRISTIAN CENTER CHURCH
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
JULY 13, 2026
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME:_____
BILL NO.
40-26 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 16-53 OF
THE SOUTH BEND MUNICIPAL CODE REGARDING CONDITIONS
CONSTITUTING PUBLIC NUISANCES
41-26 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20,
ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE
DEFINITIONS, PROCEDURES, AND ENFORCEMENT PROVISIONS
RELATING TO ABANDONED VEHICLES
2
42-26 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-84 OF
THE SOUTH BEND MUNICIPAL CODE CONCERNING IMPROPER
VEHICLE PARKING
43-26 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20,
ARTICLE 11 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE
PARKING OF LARGE VEHICLES
45-26 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 203 JOHNSON STREET, 207
JOHNSON STREET, 213 JOHNSON STREET, 215 JOHNSON STREET, 2013
ORANGE STREET, AND 2014 PARALLEL STREET COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
46-26 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 4-61 OF THE
SOUTH BEND MUNICIPAL CODE REGARDING TAXICAB LICENSING
AND OPERATIONS AND PROVIDING FOR THE EXTENSION OF
CURRENT LICENSES
8. BILLS ON THIRD READING TIME:______
BILL NO.
40-26 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 16-53 OF
THE SOUTH BEND MUNICIPAL CODE REGARDING CONDITIONS
CONSTITUTING PUBLIC NUISANCES
41-26 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20,
ARTICLE 3 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE
DEFINITIONS, PROCEDURES, AND ENFORCEMENT PROVISIONS
RELATING TO ABANDONED VEHICLES
42-26 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 20-84 OF
THE SOUTH BEND MUNICIPAL CODE CONCERNING IMPROPER
VEHICLE PARKING
43-26 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20,
ARTICLE 11 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE
PARKING OF LARGE VEHICLES
3
45-26 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 203 JOHNSON STREET, 207
JOHNSON STREET, 213 JOHNSON STREET, 215 JOHNSON STREET, 2013
ORANGE STREET, AND 2014 PARALLEL STREET COUNCILMANIC
DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
46-26 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 4-61 OF THE
SOUTH BEND MUNICIPAL CODE REGARDING TAXICAB LICENSING
AND OPERATIONS AND PROVIDING FOR THE EXTENSION OF
CURRENT LICENSES
9. RESOLUTIONS
BILL NO.
26-20 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A LEASE BETWEEN THE SOUTH BEND
REDEVELOPMENT AUTHORITY AND THE SOUTH BEND
REDEVELOPMENT COMMISSION AND TAKING OTHER ACTIONS
RELATED THERETO
26-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, URGING A PAUSE ON THE ENACTMENT OF THE
MIDWEST CONTINENTAL DIVIDE TRAIL AND COMMITTING TO
RESIDENT INPUT, FISCAL RESPONSIBILITY, AND PROPERTY RIGHTS
10. BILLS ON FIRST READING
BILL NO.
47-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1737 OBRIEN STREET COUNCILMANIC DISTRICT NO. 1 IN
THE CITY OF SOUTH BEND, INDIANA
48-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE AND ESTABLISHING HISTORIC LANDMARK STATUS FOR
THE STRUCTURE AND REAL PROPERTY KNOWN AS THE OLIVET
AME/ZION HILL MISSIONARY BAPTIST CHURCH LOCATED AT 310
WEST MONROE STREET IN THE CITY OF SOUTH BEND, INDIANA
49-26 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING SECTION 9-16 OF THE
SOUTH BEND MUNICIPAL CODE TO ESTABLISH RATES FOR MOBILE
INTEGRATED HEALTH CARE VISITS
4
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
NOTICE FOR VIRTUAL ATTENDEES
Virtual attendees wishing to speak during the public portion of the meeting must
activate their camera, displaying the speaker, to be recognized by the Chair.
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please
give Reasonable Advance Request when Possible
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English
version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
2026 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-02-2026)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real and personal tax abatement requests and works closely with the Business Development Team.
Karen L. White, Chairperson Sheila Niezgodski, Member
Ophelia Gooden-Rodgers, Vice-Chairperson Sherry Bolden-Simpson, Member
Thomas Gryp, Citizen Member Kevin Upton, Citizen Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood
Development, and Community Resources Teams within the City’s Department of CI and is charged with
facilitating partnerships and ongoing communications with other public and private entities operating within
the City.
Ophelia Gooden-Rodgers, Chairperson Dr. Heidi Beidinger, Member
Karen L. White, Vice-Chairperson Sheila Niezgodski, Member
Sherry Bolden-Simpson, Member Alice Pickens, Citizen Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Canneth Lee, Member Ophelia Gooden-Rodgers, Member
Sheila Niezgodski, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Rachel Tomas Morgan, Chairperson Dr. Heidi Beidinger, Member
Sharon McBride, Vice-Chairperson Dr. Oliver Davis, Member
Sheila Niezgodski, Member Brittney Erp, Citizen Member
Savino Rivera Jr., Citizen Member
INFORMATION AND TECHNOLOGY COMMITTEE - Innovation
Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of
Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge
of developments in this area. Reviewing and proposing upgrades to computer systems and web sites,
developing availability and access to GIS data and related technologies are just some of its many activities.
Rachel Tomas Morgan, Chairperson Dr. Heidi Beidinger, Member
Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member
Sharon McBride, Member Maria Gibbs, Citizen Member
Joshua Walters, Citizen Member
PARC COMMITTEE- Venues, Parks, and Arts (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium,
Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art,
Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by
the Department of Venues Parks and Arts.
Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member
Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member
Frances Schmuhl, Citizen Member Aaron Nichols, Citizen Member
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and
related matters.
Sheila Niezgodski, Chairperson Ophelia Gooden-Rodgers, Member
Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member
Caz Margenau, Citizen Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works and
related public works and property vacation issues.
Ophelia Gooden-Rodgers, Chairperson Dr. Heidi Beidinger, Member
Sheila Niezgodski, Vice-Chairperson Dr. Oliver Davis, Member
Abel Gonzalez, Citizen Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member
Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member
Sherry Bolden-Simpson, Member Angela Smith, Citizen Member
Jessie Whitaker, Citizen Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers, and all related matters.
Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member
Rachel Tomas Morgan, Vice-Chairperson Ophelia Gooden-Rodgers, Member
Dr. Oliver Davis, Member Sharon McBride, Member
Joseph Mayer, Citizen Member Doris McEwen, Citizen Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Dr. Oliver Davis, Chairperson Dr. Heidi Beidinger, Member
Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member
Kesha Farlow, Citizen Member Stacey Odom, Citizen Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council.
Rachel Tomas Morgan, Member Sherry Bolden-Simpson, Member
2026 COMMON COUNCIL STANDING COMMITTEES (Rev.06-02-2026)
CANNETH LEE, 1st District Council Member
President
Council Rules Committee, Member
OPHELIA GOODEN-RODGERS, 2nd District Council Member
Committee of the Whole, Chairperson
Community Relations Committee, Chairperson
Public Works & Property Vacation Committee, Chairperson
Community Investment Committee, Vice-Chairperson Council Rules Committee, Member
PARC Committee, Member Personnel & Finance Committee, Member
Residential Neighborhoods Committee, Member Utilities Committee, Member
SHARON L. MCBRIDE, 3rd District Council Member
PARC Committee, Chairperson
Health & Public Safety Committee, Vice-Chairperson Information & Technology Committee, Member
Residential Neighborhoods Committee, Member Utilities Committee, Member
HEIDI BEIDINGER, 4th District Council Member
Community Relations Committee, Member Health & Public Safety Committee, Member
Information & Technology Committee, Member Public Works & Property Vacation Committee, Member
Zoning & Annexation Committee, Member
SHERRY BOLDEN-SIMPSON, 5th District Council Member
Utilities Committee, Chairperson Community Relations Committee, Member
Information & Technology Committee, Vice-Chairperson Community Investment Committee, Member
PARC Committee, Member Residential Neighborhoods Committee, Member
Sub-Committee on Minutes, Member
SHEILA NIEZGODSKI, 6th District Council Member
Vice-President
Personnel & Finance Committee, Chairperson Community Relations Committee, Member
Community Investment Committee, Member Council Rules Committee, Member
Health & Public Safety Committee, Member Public Works & Property Vacation, Vice-Chairperson
Utilities Committee, Member Residential Neighborhoods Committee, Vice-Chairperson
DR. OLIVER DAVIS, AT LARGE Council Member
Zoning & Annexation Committee, Chairperson Health & Public Safety Committee, Member
Information & Technology Committee, Member Utilities Committee, Member
Public Works & Property Vacation Committee, Member
RACHEL TOMAS MORGAN, AT LARGE Council Member
Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member
Information & Technology Committee, Chairperson Utilities, Vice-Chairperson
Zoning & Annexation Committee, Vice-Chairperson Sub-Committee on Minutes, Member
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhoods Committee, Chairperson Community Relations Committee, Vice-Chairperson
Community Investment Committee, Chairperson PARC Committee, Vice-Chairperson
Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member
11K
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CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
July 7, 2026
Filed in Clerk's Office
President Canneth Lee Jul 7, 2026
South Bend Common Council
Blanca IIra&
3rd Floor-South Bend City Hall city clerk. South Rend. IN
South Bend, IN 46601
Re: Chapter 5 - Responsible Animal and Pet Ownership Care and Control Regulations
Dear President Lee:
Attached for consideration by the South Bend Common Council("Council") is an ordinance to
repeal and replace the existing Chapter 5 of the South Bend Municipal Code - Responsible
Animal and Pet Ownership Care and Control Regulations.
The proposed ordinance updates South Bend's animal care and welfare regulations to improve
clarity, align the ordinance with current best practices and South Bend Animal Resource Center
SBARC) practices, and strengthen the City's ability to protect public safety and animal welfare.
I request that this proposed amendment be included on the full Council agenda for first reading
and assignment to the Health and Public Safety Standing Committee on July 13, 2026.
Thank you for your consideration.
Sincerely,
I 0
Liz Maradik
Chief Neighborhoods Officer
215 S. Dr. Martin Luther King, Jr. Blvd., Ste 500, South Bend, Indiana 46601 (574) 233-0311 southbendin.gov
39-26
Executive Summary: Proposed Revisions to the SBARC Ordinance
The proposed ordinance introduces key updates to South Bend's animal care and welfare
regulations to improve clarity, align the ordinance with current Animal Resource Center
SBARC)practices, and strengthen the City's ability to protect public safety and animal welfare.
The revisions address structural reorganization, enhanced regulatory tools, and expanded
permitting and enforcement mechanisms to address gaps in clarity,consistency,and
effectiveness.
Key Changes:
1. Comprehensive Reorganization of Chapter 5—The ordinance fully restructures
Chapter 5 and organizing it into clear articles addressing general provisions,animal care
standards, species-specific regulations, permitting, enforcement, and administration. This
reorganization improves usability for staff and residents and ensures that related
requirements are grouped logically, reducing confusion and increasing enforceability.
2. Expanded Animal Care Standards -Minimum care requirements are significantly
expanded and clarified, including standards for shelter, space, veterinary care, and
protection from extreme weather conditions. These provisions provide clearer
benchmarks for determining neglect or mistreatment and improve the City's ability to
take timely and appropriate enforcement action where necessary. These standards are
defined for common domestic animals, as well as for less common animals subject to
permits such as horses, honey bees, chickens, and pigeons.
3. Expanded Permitting and Licensing Framework-The revisions broaden and
standardize permitting requirements for a range of activities, including breeders,pet
shops, kennels, grooming facilities, animal events, and specialty animal activities. The
updated framework incorporates inspection authority, health and recordkeeping
requirements,and clearer criteria for compliance, strengthening oversight of both
commercial and non-commercial animal-related activities. It also ensures consistency
among permitted and licensed uses, with similar enforcement frameworks applied
throughout the ordinance.
4. Formal Animal Designation System—The ordinance establishes a clear, tiered
classification system for animals, including Public Nuisance, Dangerous, and Vicious
designations. Each classification includes defined criteria,procedural requirements, and
corresponding restrictions or outcomes. This framework promotes consistency in
enforcement decisions and provides clear expectations for residents.
5. Regulated Animal Possession Permit(New Enforcement Tool)—A new regulatory
mechanism authorizes the City to require individuals with repeated or high-risk violations
to obtain a Regulated Animal Possession Permit in order to continue owning animals.
This permit may include individualized conditions, such as limits on the number of
animals,required training, or inspections. The approach provides a graduated
enforcement option that focuses on improving compliance while reducing the need for
more severe enforcement measures. It is intended to replace the existing Habitual Animal
Offender designation to focus more on the need to ensure safe and responsible possession
Filed in Clerk's Office
Jul 7, 2026
Bianca Tirado
City Clerk, South Bend, IN
of animals based on demonstrated past noncompliance, rather than on designating a
person as an "offender."
6. Strengthened Enforcement Authority and Due Process—The ordinance clarifies
SBARC's authority related to investigations, inspections, impoundment, and enforcement
actions. It also establishes detailed procedures for hearings before the Animal Welfare
Commission, including notice requirements,appeal rights, and evidentiary standards.
These updates enhance transparency and reduce legal risk by ensuring consistent due
process protections.
7. Alignment with Current Practices—The revised Chapter aligns ordinance language
with the City's current operational practices, including standardizing references to
SBARC and codifying existing procedures such as impoundment and licensing processes.
This alignment reduces inconsistencies between policy and practice and improves clarity
for both staff and the public.
8. Improved Readability and Definitions—Definitions have been streamlined and
reorganized, with outdated or redundant terms removed and key concepts clarified. The
ordinance also incorporates more plain-language drafting to ensure residents can better
understand their responsibilities and the City's processes.
Conclusion
These revisions modernize the City's animal care ordinance by providing clearer standards,
stronger enforcement tools,and improved administrative processes. The updated Chapter is
designed to enhance public safety,promote humane treatment of animals, and ensure more
consistent and effective implementation of City regulations.
Filed in Clerk's Office
Jul 7, 2026
BILL NO.39-26 Bianca Tirado
ORDINANCE NO.
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,REPEALING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE
ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL
REGULATIONS,AND REPLACING IT WITH A NEW CHAPTER 5 ENTITLED
ANIMAL CARE REGULATIONS AND WELFARE ENFORCEMENT
STATEMENT OF PURPOSE AND INTENT
Chapter 5 of the South Bend Municipal Code provides the regulations governing the
operations of the South Bend Animal Resource Center (SBARC), as well as animal care and
welfare throughout the City.
The proposed ordinance makes several key changes to the existing language of Chapter 5,
including improvements to readability and definitions, clarifications to processes and
requirements, improvements to cohesion between ordinance language and standard practice, and
emphasizes focus on animal welfare and public safety.
Improvements to readability were made throughout the Chapter, ensuring clarity for
residents as to City requirements and processes. The definitions contained in Chapter 5 were also
streamlined to eliminate definitions no longer used in the Chapter,include definitions in-line where
terms were used only once, and improve readability of remaining definitions.
In connection with the improvements to readability mentioned above, this ordinance also
includes more detail in some areas to clarify processes and requirements where needed. For
example, this ordinance clearly explains the due process provided to residents when they are
involved with a matter heard by the Animal Welfare Commission(AWC).
Additionally,this ordinance ensures that ordinance language matches the current practices
to avoid confusion for residents. It also standardizes language to refer to the City or to SBARC,
rather than to particular divisions, individuals, or positions.
Finally,this ordinance emphasizes SBARC's continued focus on animal welfare and public safety.
While ensuring that enforcement remains strong for existing ordinance violations, this ordinance
also refines the existing animal and owner designations to more clearly fit the challenges facing
each category.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend,as follows:
1
SECTION I. Chapter 5, Articles 1 through 9, Sections 5-1 through 5-125 are each and all
hereby repealed.
SECTION II. A new Chapter 5, Articles 1 through 11, Sections 5-1 through 5-157 are
hereby approved and adopted to read in the entirety as follows:
CHAPTER 5. ANIMAL CARE REGULATIONS AND WELFARE ENFORCEMENT
ARTICLE 1.-GENERAL PROVISIONS
Sec. 5-1. Legislative findings and intent of regulations.
a) The following regulations are enacted in the interest of setting forth comprehensive public
safety regulations which,when effectively implemented, administered and enforced, promote
responsible animal and pet ownership. The regulations are aimed at ensuring due process
protections for owners by promoting responsible animal and pet ownership,which is essential
to the protection of animals residing in the City limits.
b) The following regulations set forth the best practices for the humane and ethical treatment of
animals by requiring animal and pet owners to comply with reasonable regulations in order to
be responsible owners.
c) The provisions of this Chapter supplement all state laws covering the same subject matter.
d) The provisions of this Chapter shall take effect thirty days following adoption.
Sec. 5-2. Definitions.
For the purpose of this Chapter the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
a)Abandon(ed), as to an animal, means to desert or to leave an animal, without making
provisions for minimum care of the animal.
b)Abandon(ed), as to a property, means that a reasonable and prudent person in the SBARC
employee's position would believe a property to be vacant and/or deserted.
c)Altered animal means an animal that has been operated on to prevent it from procreating.
d)Animal means any living vertebrate, domestic or wild, except a human being.
e)Animal bite classification means the numeric designation indicating the levels of severity with
one(1)the least severe and five(5)the most severe,pursuant to Section IV of the Animal Bite
Classification System within the Official Indiana Bites Report form from Indiana State
Department of Health, as amended. These classifications are currently set forth as follows:
Level 1 = minor scratch(s); Level 2 = minor, punctures 4 or less; Level 3 = moderate,
punctures; Level 4 = severe, punctures (4 or more) deep may include crushing or tears from
shaking; and Level 5 =death.
f)Animal event or exhibit means display, activity or show of wild or domestic animals in a
shopping center,retail establishment, adjacent lot,or elsewhere.
g)Animal rescue organization means a group or person maintaining a non-profit or business
entity established pursuant to state law with the primary purpose of promoting animal adoption.
h)Animal Welfare Alert(AWA) means notice and communication given as a warning to animal
owners concerning witnessed or reported animal ordinance violations.
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i)Animal welfare organization means any entity organized and existing for the express actions
of ensuring the health, safety, and welfare of animals.
j) Breeder means any person who intentionally or accidentally causes the breeding of an animal
or makes any animal available for breeding purposes, or any person who offers for sale, sells,
trades,receives other compensation or gives away any offspring of any animals.
k) Cattery means any person or group of persons, partnership or corporation or facility operated
commercially engaged in keeping more than one cat for the purposes of boarding.
1) Coop means an enclosed structure used for housing chickens that provides shelter from the
elements.
m) Community cat means an unowned, outdoor cat that has been evaluated and sterilized by a
licensed veterinarian, ear tipped and released back into the area from which it was captured.
n) Cruelty means the mistreatment or neglect of an animal that causes unintentional or intentional
pain and suffering.
o) Dangerous wild or dangerous exotic animal means a wild or exotic animal that would create a
potential risk to public safety.
p)Dog park means a designated area for dogs to exercise and play off leash in a controlled
environment under the direct supervision of their owner.
q) Domestic animal means an animal that is not wild. The term is limited to:
1)cattle, calves, horses, mules, swine, sheep, goats, dogs,cats,poultry,ostriches, rhea,
emus, or other birds;
2)an animal of the bovine,equine, ovine, caprine,porcine, canine, feline, avian,camelid,
cervidae, or bison species; or
3)an aquatic animal that may be the subject of aquaculture (as defined in IC 15-11-7-1).
r) Euthanasia means to humanely end the life of an animal.
s) Exotic animal means any animal whose native habitat is not indigenous to the continental
United States. This does not include fish,fur-bearing animals commercially bred for the furrier
trade and birds defined under federal regulations, and nonpoisonous snakes and reptiles.
t) Food means nourishment that is appropriate for the species in adequate amounts to maintain
good health.
u) Foster animal means any animal placed by an animal welfare organization or animal rescue
organization in temporary care at a foster home until it is adopted.
v) Foster home means the physical location, away from an animal welfare organization, animal
rescue organization, or SBARC, providing temporary care to a foster animal.
w) Free-roaming cat means any unowned, unaltered outdoor cat.
x) Impoundment means to seize and place into the custody of SBARC, any animals found in
violation of this Chapter and/or Indiana law, to temporarily house animals in protective
custody as defined in this Chapter, or for the health and safety of the animal.
y) Kennel means any person, group of persons, partnership or corporation or facility operated
commercially for the purpose of boarding, housing, breeding or training dogs or cats, or both.
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z) Neglect means to fail to comply with the Animal Care Regulations set out in Article 2 of this
Chapter in a manner that endangers the animal's life, safety, and/or health.
aa) Owner means one of the following:
1) A person who owns an animal,
2) A person who has ownership or custody rights for an animal on behalf of an owner,or
3) A person that permits any animal to remain and/or to be fed within any premises on which
such person resides or controls for at least (3) consecutive days.
bb) Person means any individual, firm, corporation, limited liability company, partnership,
organization, or commercial establishment.
cc) Provoked means that an animal's behavior occurred because the animal:
1) Was being teased, taunted, abused, assaulted or physically threatened;
2) Was acting in defense of itself, its offspring, its owner, another person, or another
animal;
3) Was reacting to pain, injury,fear,or the protection of food, shelter, or young;
4) Was responding to a person committing or attempting to commit a criminal act,
trespass, or other tort against the owner or the property where the animal was located; or
5) Was bit accidentally during ordinary play with another animal.
To be considered provoked, the animal's behavior must occur contemporaneously with or
immediately following the provoking conduct and be proportionate to the provoking conduct.
dd) SBARC (South Bend Animal Resource Center) means the Animal Resource Center and the
Division of Animal Welfare.
ee) Stray means any animal that is not under restraint and upon reasonable inquiry by SBARC,
does not appear to have an owner.
ff) Tether means attaching an animal to a stationary object or pulley run system so as to restrict
the range of movement. Tether does not include the use of a leash to walk a domestic animal.
gg) Unaltered means an animal that has not been operated on to prevent it from procreating.
hh) Unprovoked means an animal's behavior that is not provoked and includes behavior that occurs
during ordinary,non-threatening interactions such as walking past an animal, standing near an
animal, initiating casual interaction, or performing routine care, where no provoking conduct
is present.
ii) Wild animal means an animal whose species usually lives in the wild or is not domesticated.
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Secs. 5-3 - 5-7. Reserved.
ARTICLE 2.-ANIMAL CARE REGULATIONS
Sec. 5-8. Minimum care requirements
Every owner or handler of an animal kept in the city shall:
1) See that such animal is kept in a clean, sanitary and healthy manner and not confine it
so as to be forced to stand, sit or lie in its own excrement or urine; and shall, regularly
and as often as necessary to prevent odor or health and sanitation problems, maintain
all animal areas or areas of animal contact clean;
2) Provide such animal with food that is appropriate for the species, with consideration
for its age and condition, in adequate amounts to maintain good health; fresh potable,
unfrozen drinking water at all times; and adequate housing and ventilation, including
quarters that are protected from excessive heat and cold and are of sufficient size to
permit the animal to exercise and move about freely;
3) Protect such animal against abuse, cruelty, neglect, torment, overload, or any other
mistreatment;
4) Provide the animal with the reasonably necessary medical care according to commonly
accepted veterinary standards. In addition to the required rabies vaccination, such care
may include recommended vaccinations by accepted veterinary standards. If the animal
is diseased, injured,or exhibiting symptoms of disease, assure that the animal receives
proper care and is segregated from other animals so as to prevent transmittal of the
disease;
5) Maintain the animal in compliance with all applicable federal, state, and local laws
and all regulations respecting animal welfare enforcement as are adopted by the City;
and
6) Provide that such animal when confined outside:
i) Has access to a shelter constructed of weather resistant material, consisting of a
structure with solid walls on all sides,a dry floor raised above the ground,just large
enough for the animal to stand up and turn around, and a solid roof sloped away
from the entrance to protect the animal from weather and extreme cold.
ii) During any day when the temperature is at or below 40°F,the shelter entrance must
be covered by a flexible wind-proofing material or self-closing door,and the shelter
must contain clean, dry bedding,which must consist of an insulating material that
does not retain moisture,such as straw,of sufficient depth for the animal to burrow.
iii)On any day when the temperature is at or above 70°F, the shelter must be shaded
by trees, a tarp, or a tarp-like device.
iv)When the temperature is at or below 32°F, or at or above 85°F, or when a heat
advisory, wind chill warning/advisory, or tornado watch/warning has been issued
by local,state, or national authority:
1. The animal must be brought into a temperature-controlled structure that
maintains adequate temperature for the animal.
2. The animal may not be outside for more than 20 minutes within the
period of an hour and must remain in visual range of a competent adult.
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v) Has adequate space for exercise when confined in an enclosure or pen, which shall
consist of no less than one hundred (100) square feet. An animal over eighty (80)
pounds must be provided with an additional fifty (50) square feet. For each
additional animal inside the enclosure, fifty square feet of space for exercise must
be added per animal.
vi)Is treated so that there are no open lesions on the animal's skin due to insect bites
or other parasitic infections.
Sec. 5-9. Medical and grooming care requirements.
a) Every owner of an animal shall see that any animal in their control and custody receives proper
veterinary care as necessary to treat illness, disease or injury to prevent the transmittal of
disease, and to be vaccinated as required by law in order to promote humane animal health.
b) Any animal deemed by SBARC to require medical evaluation must be evaluated by a licensed
veterinarian to maintain humane care. Any treatment necessary shall be at the discretion of the
veterinarian. Proof of compliance must be provided within the time frame given on the AWA.
c) Any owner keeping an animal requiring grooming, as deemed necessary by SBARC to
maintain humane standards of care, must show proof such grooming has been completed
within the time frame given on the AWA.
Sec. 5-10.Training methods.
No animal may be trained in a manner that will cause or is likely to cause a physical injury or
suffering.
Sec. 5-11.Restraint of animals required; limited exception for off-leash dog run-park.
a) All animals that are off the property of an owner, or with a handler, shall have proper restraint
as set forth in this section.
b) No animal shall be restrained by any leash, rope, chain, cable or cord that is directly attached
to the animal's neck.
c) A properly fitted collar or harness made of leather or nylon is to be worn by the animal.
d) Any owner, or handler, who takes their dog(s)to a City of South Bend off-leash dog run-park
must comply with the rules and regulations set forth by the City.
Sec. 5-12.Tethering; fastening animals with rope or chain, cable; choker collar
a) It shall be unlawful:
1) To tether an animal at an unattended structure or premises for any purpose when it is
not monitored by an owner who is present at the property for the duration of such tethering.
2) To tether any animal between the hours of 10:00 p.m. and 6:00 a.m. However, if
tethering is necessary for a person to complete a task during those hours, such tethering
shall be strictly limited to the time needed for the task and not more than one (1) hour.
3) To tether any animal that has the ability to gain access to any type of raised platform or
porch that may endanger the animal to hang itself.
4) To tether any animal in a manner that provides the opportunity for it to jump or scale a
fence and endanger the animal to hang itself.
5) To tether any unsterilized animal for any period of time.
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6) To tether an animal that is under six(6) months of age or is sick or injured.
7)To tether multiple animals simultaneously at the same property,unless there is adequate
and appropriate space to ensure the health and safety of the animals tethered.
8)To tether an animal without access to adequate housing and water at all times.
9)To tether an animal longer than 10 minutes when the temperature is over 85 degrees or
under 32 degrees, or when a heat advisory, wind chill warning/advisory, thunderstorm
warning/advisory, or tornado watch/warning has been issued by local, state, or national
authority, except when the animal is in visual range of a competent adult who is outside
with the animal.
10) To tether an animal to a motorized vehicle, such as an automobile, truck, trailer, or
motorcycle.
11) To tether an animal so that it allows the animal to trespass on public or private property
or in such a manner as to cause harm or danger to persons or other animals.
b) If the animal is attached to a pulley run system, the running line must be at least twelve (12)
feet in length and the tether length must be greater than the height of the running line.
c) No animal shall be tethered by any rope, chain, cable or cord that is directly attached to the
animal's neck. If any animal must be tied, hitched or fastened:
1) The length of the rope, chain, cable or cord must be no less than twelve feet in length
for the animal to move freely without risk of injury or entanglement;
2) The weight of the rope, chain, cable or cord is no more than one eighth (1/8") of the
animal's total body weight;
3) The collar and rope, chain, cable or cord cannot cause the animal to choke;
4) A properly fitted collar or harness made of leather or nylon, not of the choker type, is
to be worn by the animal. This provision should not be construed to prohibit the proper
use of choker collars in the training of animals;
5) The tying device shall be attached to the animal's leather or nylon collar or harness and
must have a swivel device on both the anchor and collar end to prevent tangling;
6) The location of the anchor and the length of the rope,chain,cable or cord,cannot cause
the animal to become tangled, choke,or become injured; and
7) The animal must have access to shelter and water at all times.
d) No person shall tether their animal using an agitation, pinch, prong, or choke collar. Animals
under sixty (60) pounds shall not be tethered using a collar exceeding 1'/2 inches in width.
Animals over sixty (60) pounds shall not be tethered using a collar exceeding two (2) inches
in width.
Sec. 5-13. Muzzling.
a) No animal shall be muzzled in a way that would cause any type of irritation, sore(s), lesion(s)
or laceration(s) to the animal.
b) No animal should be muzzled that has any existing irritations,sores, lesions or lacerations that
the muzzle would come in direct contact with. The only exception is if the animal is being
transported to a veterinarian, other emergency service, or any authorized animal welfare
organization.
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c) All muzzles must be of proper size and style for the animal.
d) All muzzles must allow panting and the drinking of water.
e) Mesh, cloth,grooming muzzles or muzzles designed to hold the animals mouth shut, shall not
be used except for extremely short time periods of no longer than 30 minutes and for
emergencies. The animal shall never be left unattended, as muzzles prevent panting and may
cause the animal to overheat in a stressful situation.
f) Muzzle taping shall only be done by a licensed veterinarian.
Sec. 5-14.Duty to keep animal contained while on property.
a) It shall be the duty of every owner of any animal to ensure that the animal is contained by way
of a fence,restraint, tether,or other enclosure including an activated invisible fence or in some
other physical manner so that it cannot wander off the real property limits of the owner.
Secs. 5-15—5-20. Reserved.
ARTICLE 3 -SPECIFIC REQUIREMENTS GOVERNING
DOGS,CATS AND FERRETS
Sec. 5-21. Identification of dogs,cats,and ferrets required.
a) A person who owns a dog,cat,or ferret shall ensure that each dog, cat,or ferret owned by that
person always bears a form of identification when outside their home, such that the animal's
owner can be ascertained accurately, quickly,and easily.
b) The form of identification pursuant to this Section shall be in addition to any tags required to
be worn by dogs, cats, or ferrets by state law or other provision of the South Bend Municipal
Code for purposes other than identification.
c) The form of identification can include a microchip implanted in the dog,cat,or ferret that bears
a registered identification number, and that can be read by a standard microchip scanner.
d) It shall be unlawful for a person to own a dog, cat, or ferret three (3) months of age or older
that is kept in the City,and that does not bear a form of identification as provided in this section.
Sec. 5-22.Dog and cat curbing requirements.
a) All animal owners are required to immediately and properly dispose of their animal's
waste deposited on any property, public or private, not owned or possessed by the
person. On any property owned or possessed by that person, all animal owners are
required to dispose of their animal's waste at a frequency of at least weekly or more
frequently if necessary, to prevent a public health risk.
b) As an exception to the provisions of subsection (a) of this section, an owner with a
physical impairment as defined by the Americans with Disabilities Act may permit
their dog to relieve itself on the ground situated outside of pedestrian or vehicular traffic
ways and is not required to remove any feces to the extent such requirement is
impractical for a person of such impairment. However, owner must maintain or cause
property to be maintained in a way that prevents public health risk.
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c) No person shall knowingly disperse waste material upon any public street,or byway or
right-of-way, or any municipally owned or public land or building, or upon private
property without the prior permission of the owner of such property.
Sec. 5-23.Rabies vaccinations required for certain animals.
a) It shall be unlawful to keep a dog,cat,or ferret or to provide food,water,or shelter
to a cat over the age of three (3) months in the City unless each dog, cat, or ferret is immunized
against rabies by a vaccination performed by a veterinarian in accordance with 345 IAC 1-5-2.
b) Rabies vaccinations as required in this Section are not required if a licensed
veterinarian determines in writing that such rabies vaccination could adversely affect the animal.
c) Community cat caretakers are not required to renew the immunization of
community cats.
d) One-year and three-year rabies vaccine may be used as per Indiana
Administrative Code.
e) A veterinarian who administers a rabies vaccination in the City shall, at the time a
dog, cat (including free-roaming), or ferret is vaccinated, issue to the animal's owner a rabies
vaccination certificate upon which includes the name, address and telephone number of the
veterinarian's facility, the date in which the vaccination was administered, its expiration date and
the unique identification number of the vaccination.
I) Any owner of any animal(s) is required to submit proof of rabies vaccinations to
SBARC as part of licensing requirements in Section 5-60 and 5-61.
Sec. 5-24.Transfer of ownership of puppies and kittens.
a) A puppy or kitten must be at least ten (10) weeks old and weaned before it may be
purchased or offered for sale, traded, or given away for other compensation or for a
giveaway. Said provisions notwithstanding, the advertisement of puppies or kittens
available for reservation, to be sold upon reaching the age set forth in this subsection,
shall not be construed as "offering for sale,"so long as neither ownership nor
possession of the animal is transferred until it reaches ten(10)weeks of age.
b) Animals of any age may be surrendered to SBARC. However, if under ten (10) weeks old
the mother must also be surrendered if present.
c) Nothing in this section shall be construed to conflict with the provisions of I.C. 15-21-6-2.
Sec. 5-25.Containment of female dogs or cats in heat.
The owner of any female animal in heat kept in the City shall contain the animal within a secure
enclosure or building and in such a manner as to prevent conception except during instances of
planned breeding.
Sec.5-26.Community cat program.
a) A community cat program is established in order to encourage the stabilization of
the free-roaming cat population in the City by utilizing a trap-neuter-return (TNR)
methodology.
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b) Trapping of free-roaming or community cats is permitted only for the purpose of
TNR unless the community cat is injured, and veterinary care is required. A person
may trap any free-roaming cat in a humane manner,utilizing a humane live release
trap of an appropriate size that does not injure the animal, and in accordance with
the requirements of Sec. 5-28, in order to have the free-roaming cat evaluated,
surgically sterilized, ear-tipped, and vaccinated against rabies by a licensed
veterinarian and released to the location from where it was trapped or released to a
community cat caretaker.
c) A community cat, impounded by SBARC, shall be returned to the location from
which it was trapped, unless the circumstances present a detriment to the cat or to
the public health or welfare, in which case other live placement outcomes will be
sought. An ear tipped cat received by SBARC will be scanned for a microchip. If a
microchip is detected,efforts will be made to reunite the cat with the owner. If that
does not occur, the cat will be evaluated for suitability for adoption. If a microchip
is not detected, the cat shall be returned to the location where it was trapped with
no hold period, unless veterinary care is required.
Sec. 5-27. Community cat caretaker responsibilities.
a) A community cat caretaker or any person providing care for a community cat shall
abide by guidelines in accordance with current American Veterinary Medical
Association ("AVMA") standards regarding the provision of food, water, shelter
and veterinary care for a community cat.
b) Community cat caretakers shall take a seriously ill or injured community cat to
SBARC or seek licensed veterinarian care for the community cat.
c) Community cat caretakers are responsible for communicating with SBARC or other
TNR organizations about the location and scope of their community cat colony as
well as veterinary care and TNR plans.
Sec. 5-28. Free-roaming cat trap-neuter-return (TNR) regulations.
a) SBARC, a community cat caretaker, or a TNR organization, in order to encourage
the stabilization of the free-roaming cat population may:
1) Trap any free-roaming cat in a humane manner following guidelines
established by regional or national community cat/TNR organizations for
nonlethal trapping, to minimize the stress and danger to the animal; and
2) Have the cat surgically sterilized, ear-tipped, and vaccinated against rabies
by a licensed veterinarian; and
3) Release the cat to SBARC for adoption or other disposition in accordance
with law, or to a colony caretaker who will maintain the cat as part of a
managed colony of community cats. Cat must be returned as close as
possible to its location of capture unless illness or injury presents imminent
danger to the animal.
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b) It shall be unlawful for a person to fail to inspect and provide care for the trapped
free-roaming cat a minimum of every two(2)hours to ensure the safety of the cat(s).
A person shall place a lawful humane live release trap of an appropriate size to
capture free-roaming cats for the purpose of TNR or other medical care. Humane
traps shall be removed to an area where the cat is provided with shelter from the
elements once trapped(in accordance with minimum standard care requirements in
this ordinance). No cat shall remain in a live release trap without food or water,
except for veterinary requirements for pre-surgical fasting periods. All captured
animals must receive appropriate care.
c) No cat will remain in a live release trap for longer than 24 hours prior to surgical
sterilization,or longer than 48 hours after surgical sterilization.
d) It shall be unlawful for a person to remove an animal from any trap not on the
person's property, unless such person has the express permission of the property's
owner to do so,or unless there is imminent danger to the animal's health,or the trap
appears to be abandoned.
e) Traps discovered by SBARC to have been unlawfully set may be seized.
Sec. 5-29. Off-Leash Dog Park regulations.
a) Owners and handlers shall comply with all rules and regulations of this Chapter when
patronizing any off-leash dog park within the City. For purposes of this Section,the term
handler shall refer to a person who has temporary physical custody and immediate control of
an animal at a given time, including while the animal is present in a dog park or other
designated off-leash area, without regard to ownership or long-term responsibility for the
animal.
b)The owner/operator of the off-leash dog-park is responsible for posting rules and
regulations related to the use of its facility and is responsible for their enforcement. The rules
and regulations must at a minimum comply with this Section.
c) In instances where there is a threat to public health or a public nuisance exists at an off-
leash dog park, SBARC has authority to issue citations for non-compliance with Chapter 5.
d) Each owner or handler is allowed to bring up to three (3)dogs into the dog park.
e) The dog(s) must remain in the same run area with the owner. Owners cannot leave dogs
in run areas without owner supervision. Owners must keep leash in hands and remain in
voice control of their dogs at all times
f) Dogs must be leashed until inside run area.
g) Children under the age of 16 must be accompanied by an adult and are not to be left
unattended in run areas.
h) All dogs must be current with rabies vaccination. Owner must be able to provide proof of
vaccination upon request, within a reasonable timeframe.
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i) Sick, injured, or unhealthy dogs or female dogs in heat are not allowed in the dog park.
j) Dogs under four(4) months of age are not permitted in the dog park.
k) Dogs that exhibit aggressive behavior must be removed from the dog park immediately.
1) Dogs determined to be dangerous,pursuant to Article 10 of this Chapter,are not permitted
inside any dog park.
m)Dog curbing requirements shall apply as cited in Sec. 5-22.
n) Owners shall lose their dog park privileges and/or be subject to citation for violation of the
Municipal Code if found in violation of this section.
o) Three violations of this Section within a six (6) month timeframe may result in nuisance
dog park citations issued to the owner/operator of the off-leash dog park.
Secs. 5-30—5-35. Reserved.
ARTICLE 4. SPECIFIC REQUIREMENTS GOVERNING FOWL AND LIVESTOCK
Sec. 5-36.Acreage requirements for certain domestic animals and fowl.
a)Any person desiring to raise any of the following-named domestic animals or fowl must have
a minimum of five (5)acres of land:
1) Cattle,ox,bison
2) Donkey, ass, burro, mule
3) Pig, swine,hog,pot-bellied pig
4) Sheep
5) Goats
6) Roosters, geese, turkeys, ducks or other fowl, not including Urban Chickens or
racing,homing, rolling and fancy pigeons
7) Llamas and alpacas
8) Horses
9) Other livestock
b) The maximum number of such animals which may be maintained on such property shall be
determined based on current applicable animal husbandry and veterinarian standards.
c) Standards of care and housing for all horses shall meet the requirements set forth in Section 5-
44 of this Chapter.
d) Any person desiring to raise rabbits,urban chickens,or pigeons within the City must keep such
animals and birds in safe and sanitary conditions so that a public health risk as defined in this
chapter is not created.
e) In no event shall the shelter and feeding area for any of the animals or fowl listed in this section,
with the exception of Urban Chickens or racing, homing, rolling and fancy pigeons, be closer
than fifty(50) feet from an adjoining property line.
Sec. 5-37. Urban chicken regulations.
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a) Any person owning or harboring chickens in a residentially zoned district must comply with
the following:
1) No more than six(6)hens are allowed.
2) Only laying chickens are allowed. Roosters are prohibited.
3) The person shall have a current Urban Chicken Permit on file with SBARC.
4) The person shall register with the Board of Animal Health(BOAH).Forms are available
at the website www.in.gov/boah.
5) The property shall have a one unit or two-unit dwelling.
6) The coop shall be constructed with solid sides,doors and a roof and be kept dry and free
of moisture.
7) The doors shall shut securely and be secured with a lock.
8) The coop shall have vents that are covered with wire.
9) The coop shall be impermeable to predators and rodents
10) The coop shall provide at least eighteen inches (18") of height and two (2) square feet
of space per chicken.
11) The pen shall be impermeable to predators and rodents.
12) The pen shall provide a minimum of two(2)square feet per chicken and the fence height
must not exceed six feet(6').
13) The pen shall be covered with wire, aviary net or a solid roof.
14) Both the coop and pen location shall be situated behind the residential structure and be
a minimum of fifteen feet (15') from any property line and twenty feet (20') from any
residential dwelling.
a) Anyone desiring to raise urban chickens within the City must comply with the animal care
regulations set forth in this Chapter, and the requirements in Chapter 21 of the South Bend
Municipal Code, including but not limited to those regarding chickens, chicken coops, and
chicken pens.
Sec. 5-38. Pigeon regulations.
a) Any person owning or harboring racing, homing,rolling or fancy pigeons in a
residentially zoned district must:
1) Have a shelter in which the pigeons are kept,known as a Pigeon loft,
2) Have a current Pigeon Permit on file with SBARC,and
3) Use a pigeon loft meeting the following qualifications:
i. constructed with solid sides, doors and roof,
ii. doors that shut securely and be secured with a lock,
iii. vents that are covered with wire,
iv. impermeable to predators and rodents,
v. provide at least eighteen inches (18") of height and two (2) square feet of
space per pigeon,
vi. access to a pen covered with wire,aviary net or a solid roof,
vii. dry and free of moisture, and
viii. situated behind the residential structure and be a minimum of ten feet(10')
from any property line and fifteen feet(15') from any residential dwelling.
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b) Anyone desiring to raise racing, homing, rolling or fancy pigeons within the City must
comply with the animal care regulations set forth in this Chapter, and requirements in
Chapter 21 of the South Bend Municipal Code.
Secs. 5-39—5-42. Reserved.
ARTICLE 5. SPECIFIC REQUIREMENTS GOVERNING RENTAL HORSES
Sec. 5-43.Definitions.
For the purpose of this Article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
a) Rental horse means any equine which is used by its owner or any other person to pull any
vehicle, carriage, sled, sleigh, or other device as part of a business enterprise. A rental
horse also means any equine rented out for riding purposes. A horse rented or leased by
its owner to another for any of the foregoing purposes shall be deemed to be a rental
horse for the purposes of this article.
b) Rental horse business means a business enterprise which operates a horse drawn vehicle
for hire, such as a horse drawn cab,or offers the use of a horse to the public for the
purpose of riding or pulling a horse drawn vehicle.
c) Stable means any place, establishment or facility where one(1)or more rental horses are
housed,boarded for a fee, or maintained.
d) Work means a horse is considered to be at work when it is out of its stable and presented
to the public as being available for riding, pulling carriages,vehicles or other devices, or
when it is saddled or in harness.
Sec. 5-44.Housing/stable requirements.
The following criteria are required for proper housing of rental horses:
a) Walls and ceilings. Walls and ceilings shall be kept clean, in good repair, and free of physical
hazards at all times. Stall walls shall be constructed of a safe and secure material,with boarding
set beginning at ground level and of an adequate size to allow the ability for a horse to
maneuver, including laying down, standing, and rolling safely in its stall.
b) Floors. Floors shall be level and free of holes or openings and shall provide proper drainage.
No horse shall be stabled on a concrete floor without adequate cushioning.
c) Storage areas: Feed shall be kept in storage areas constructed in a manner to permit
extermination treatment. Feed storage area shall allow no harborage and be kept vermin and
insect free. Storage of feed concentrates shall be in an area inaccessible to the horses.
d) Ventilation and lighting. Adequate ventilation shall be maintained but should not cause
exposure to drafts in stables during cold weather. All stable areas shall be adequately lit by
natural or artificial means so as to permit effective and safe activities through day and night.
e) General sanitation. All interior areas of stable and all exterior areas surrounding a stable shall
be kept clean, properly drained, and free of nuisances including, but not limited to, odors and
accumulation of refuse or excrement. Manure accumulations shall be removed from the
premises weekly to prevent vermin and insect activity.
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f) Stalls. Each stall shall house only one(1)equine, except for a stall housing a mare and her foal
until the foal can safely be housed separately. Stalls shall be attended to daily ensuring clean,
dry and sufficient bedding of straw,shavings or other suitable material which shall be changed
as often as necessary to maintain them. The ceiling and shortest wall of the stall shall measure
three(3) feet greater than the height of the horse at the withers.
Sec. 5-45. Rental horse regulations.
a) Rental horses shall not be left untethered or unattended except when confined in a stable or
other enclosure.
b) While at work, rental horses shall be allowed to drink. However, a rental horse shall not be
allowed to drink in large quantities unless it is first rested. Water shall be offered at frequent
periods throughout the day or in the case of horses not at work,water shall always be available.
Troughs shall be cleaned daily. Sufficient nutritional foods and water shall be provided free of
dust, mold,vermin and other contaminants. Rental horses shall be fed at least twice daily with
the larger feeding being provided after the horse has completed work.
c) Certified weights of all horses and horse drawn vehicles shall be registered with SBARC
annually. At the discretion of SBARC, when supported by the opinion of a consulting
veterinarian, a rental horse within a business may be restricted in regard to pulling/riding
capacity,based on individual characteristics and abilities.
d) No rental horse shall be at work for more than eight(8)hours a day.There shall be a rest period
of fifteen (15) minutes for every two (2) working hours. During such rest periods, the person
in charge of such horse shall make fresh water available to the horse.
e) Rental horses shall not be worked in temperatures below 20°F, with wind chill factor applied.
Using the Horse Heat Index as the guide, at no time shall a rental horse be at work when the
sum of the relative humidity and ambient temperature is at or above 120°F. An operator of a
rental horse already at work at the time the temperatures reach the above-described conditions
shall return the passengers to the point of loading and rest the horse in shelter conditions.
Thereafter, such horses may be worked only when the weather conditions once again reach
acceptable limits.
f) Rental horses shall not work on a public highway, street or path during adverse weather or
other conditions which are a threat to the health or safety of the horse or the public. Adverse
weather conditions may include but shall not be restricted to snow, ice, heavy rain, slippery
conditions or excessive heat.
g) Carriage companies shall always equip all carriages/horses with a manure catching device for
use while working.
h) No horse-drawn carriage shall be driven at a speed faster than a trot at any time. All such
carriages shall adhere to state law on slow moving vehicles. No horse drawn carriage shall be
operated between the hours of 7:00 a.m. through 9:30 a.m. and 3:30 p.m. through 6:00 p.m.,
Monday through Friday.
i) It shall be the responsibility of the owner/operator of a rental horse drawn carriage to ensure
there is a slow-moving vehicle emblem displayed on each carriage, whenever the carriage is
moved, operated, or driven. The triangular slow-moving vehicle emblem will be mounted as
near as is practicable to the center of mass and at an approximate height of not less than three
3)and not more than five(5) feet from level ground or surface.The emblem shall be mounted
so as to be entirely visible from the rear, day or night.
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j) It shall be the responsibility of the owner/operator of a rental horse drawn carriage to ensure
there are flashing lamps mounted and in use whenever the carriage is moved, operated, or
driven before sunrise or after sunset. A red or an amber flashing lamp will be mounted at a
height as low as practicable that is visible from a distance of not less than five hundred (500)
feet to the rear. Also, a double-faced flashing lamp may be used, displaying amber light to the
front and red or amber light to the rear.
k) Every horse whose use requires a license hereunder shall be examined by a veterinarian prior
to its use in a rental horse business,and thereafter at intervals of not less than once a year. The
horse shall be examined and treated for internal parasites and properly vaccinated. Its general
physical condition shall be evaluated, which examination shall include but not be limited to,
inspection of teeth,hooves,and shoes,and for its physical ability to perform the work or duties
required of it. The examination shall also include a record of any injury,disease, or deficiency
observed by the veterinarian at the time, together with any prescription or professional
recommendation regarding humane correction or disposition of the same. An Indiana health
certificate containing the above information and signed by the examining veterinarian shall be
maintained at the stable premises at which such horse is located, and shall contain the
identification number, age and condition of the horse. The Indiana health certificate shall be
made available to SBARC upon demand.
I) The rental horse business or owner shall take immediate action to obtain veterinary treatment,
care and attention when any horse is or becomes sick, diseased, lame or injured. If a horse dies
while at work or in the stable area or is involved in an accident resulting in an injury to a horse,
SBARC shall be notified immediately.
m) A horse covered by this subchapter which is or becomes lame or suffers from a physical
condition or illness making it unsuitable for work shall be removed from work by the rental
horse business or owner or may be ordered removed from work by SBARC. In the event of a
dispute regarding such physical condition or illness, SBARC may require that a rental horse
be examined by a veterinarian in order to determine its ability to safely work as a rental horse.
The cost of any such examination shall be borne solely by the rental horse company or owner.
A horse which has been removed from work under this section shall not be returned to work
until it has recovered from the condition which caused removal from work, or until such
condition has improved sufficiently that its return to work will not aggravate the condition or
otherwise endanger the health of the horse.
1) A violation of this section shall be presumed if a horse is found at work in a
sick or disabled condition within forty-eight (48) hours after its removal from
work for the same condition which caused such removal.
2) Such presumption may be rebutted by offering a written statement from a
veterinarian who examined the horse after the time of removal from work but
prior to its return to work, which statement sets out the veterinarian's
professional evaluation of the condition and his/her opinion that it was suitable
for the horse to return to work prior the expiration of the forty-eight (48) hour
period.This statement shall be carried with the horse during the presumed forty-
eight(48)hour recovery period and provided to SBARC upon request.
n) Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly fitted
to each horse, kept in good repair, and in good operating condition.
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o) Horses shall be kept clean while at work and in the stable. Horses' hooves shall be trimmed
and shod at regular intervals to ensure the health and proper development of hoof material.The
frequency will be determined by a trained farrier.
Secs. 5-46—5-50. Reserved.
ARTICLE 6. SPECIFIC REQUIREMENTS GOVERNING HONEY BEE KEEPING
Sec. 5-51.Legislative findings.
a) The Common Council finds that honey bees can be maintained within populated areas without
causing a nuisance, if honey bees are properly located, managed, and maintained.
b) Honey bees are a benefit to society by pollinating flowers, gardens and trees and thereby
contributing to the local ecosystem; as well as furnishing honey, wax, and other useful
products.
c) The regulations set forth in this article are in the best interests of the health, safety and welfare
of the City.
Sec. 5-52.Definitions.
a) As used in this Article, the following words, terms and phrases shall have the meanings set
forth herein:
1) Apiary means the assembly of one (1) or more hives or colonies of honey bees at a
single location.
2) Beekeeper means a person who keeps honey bees in hive(s)which meet state approved
requirements.
3) Beekeeping equipment means anything used in the operation of an apiary, such as hive
bodies, supers, frames, top and bottom boards and extractors.
4) Colony means the entire honey bee family or social unit living together including the
queen, workers and drones.
5) Flyway barrier means fencing, dense hedging or a combination of the two (2), which
provides a shield or protective barrier from the direction in which the honey bees fly
when approaching or leaving a hive.
6) Hive means a frame or structure used or employed as a domicile for honey bees which
meet state approved requirements.
7) Honey bee means the common domestic honey bee, limited to the Apis mellifera
species, specifically excluding the African honey bee, Apis mellifera scutellata or
Africanized honey bee, or any hybrid thereof.
8) Lot means a piece, parcel, plot or tract of land designated by its owner or developer to
be used, developed or built upon as a unit under single ownership or control and may
consist of:
i. A single lot or record; or
ii. A combination of complete lots of record.
Sec. 5-53.Honey bee keeping public safety regulations.
I
a) Any person desiring to raise the common domestic honey bee, limited to the Apis mellifera
species, must comply with the following public safety regulations and have a current Honey
Bee Permit on file with SBARC.
b) No hive shall exceed seventeen(17)cubic feet in volume.
c) Location requirements.
1) Hives must maintain a four(4) foot radial distance from the lot line as measured from
the center of the hive and fly away barrier must be present at least six(6) feet in height
and no further than four(4) feet in front of the hive entrance.
2) In no event shall a hive be located closer than twenty-five (25) feet from a public
sidewalk or occupied structure.
3) Colonies may be kept on flat roofs without setback or flyway barrier restrictions.
4) For a lot without a perimeter fence, a fence which surrounds the entire hive(s) shall be
compliant with the zoning regulations set forth in South Bend Municipal Code and
apiary practices per the U.S. Department of Agriculture.
5) Colonies must be faced away from high traffic areas or faced south if not in a highly
trafficked area.
d) A fresh supply of water shall be provided for all hives.
e) A sign stating "Bees on Premises" must be displayed to provide reasonable notice to persons
entering the area.
f) No more than two(2) active hives are allowed per parcel.
g) The honey bees and equipment shall be maintained in accordance with the applicable
provisions of the Indiana Code and apiary practices addressing honey bees recommended by
the Indiana Department of Natural Resources Department of Entomology, Division of
Entomology& Plant Pathology and the Purdue Extension- Entomology.
h) Proper destruction of hives must be in accordance with federal and state apiary guidelines
and requirements.
Sec. 5-54. Compliance required; penalties.
a) It shall be unlawful for any person to keep or maintain an apiary, hive, or colony in the City
which is not in compliance with this Article.
b) No person shall move, tamper with, handle, or otherwise disturb or molest or cause to be
moved,tampered with,handled,or otherwise disturbed or molested any colonies,materials,or
appliances without a written permit from SBARC or their duly authorized representatives.
c) Any person violating any of the provisions of this Article may be issued a citation by SBARC.
d) Each violation shall constitute a separate and distinct offense. Every day any violation of this
Article continues shall constitute a separate offense.
e) Any apiary,hive or colony which threatens public health or safety;or creates a public nuisance;
or which has been abandoned is unlawful. The City is authorized to take all reasonable action
including removal and/or destruction of any apiary,hive or colony which is deemed necessary.
Secs. 5-55—5-59. Reserved.
ARTICLE 7. PERMITS AND LICENSING
Sec. 5-60. Licensing required; limited fee exemptions to licensing.
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a) Any person owning, keeping, harboring or having custody of any dog or cat over the age of
three (3) months must obtain a license for such animal; provided, however, that no licensing
shall be required of any foster animal placement,animal rescue organization,municipal animal
control facility, governmental agency, or service animal agency.
b) The license will be on file with SBARC and proof of payment/license will be provided to the
owner.
c) SBARC will consider the microchip and its corresponding registration history as prima facie
evidence of ownership. If no registered microchip is found or present, then SBARC will
consider tags,or other identifiers to determine the legal owner.
d) Any person owning any dog or cat which has been implanted with a microchip shall update
the microchip documentation with SBARC and national registry upon sale, trade, barter, gift
or transfer of an animal.
e) No individual or household may own more than three(3)unaltered animals over the age of six
6)months,with the exception of commercial dog breeders who shall follow the requirements
of Indiana Code 15-21 et seq.
I) Annual licenses are non-transferable.
g) Limited fee exemptions to licensing requirements:
1) Threat to the health of animal.
i) Upon a written statement from a licensed veterinarian setting forth that the
sterilization of the animal shall constitute a threat to the health of that
animal, the payment of the license fee for unaltered animal shall not be
required but the animal shall be classified as an altered animal for purposes
of licenses and fees. Licensing at the altered tag price under this section will
constitute agreement not to breed the animal, and breeding of such animal
may result in fines and revocation of said license.
ii) Upon a written statement from a licensed veterinarian setting forth that the
rabies vaccination of the animal shall constitute a threat to the health of that
animal, the animal shall be issued a license without meeting the rabies
vaccination requirement of this ordinance.
2) Service Animal Exemption.A person who is impaired by:
i) Blindness or any other visual impairment;
ii) Deafness or any other aural impairment;
iii)A condition governed by the Americans with Disabilities Act(ADA)
shall be exempt from the fees listed in this Chapter for the licensing of their service
animal.
Sec. 5-61.Application for license or permits.
a) Application for licenses or permits may be made at SBARC, a SBARC designated facility,
SBARC website, or by mail, and shall include:
1) the name and address of applicant,
2) type of license or permit applied for,
3) number and description of animal(s),
4) information regarding animal(s)sterilization,
5) rabies vaccination certificate(s),
6) microchip information;
7) appropriate fee
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and upon request:
8) a record of any known disease, illness or condition with which the animal is or
has been afflicted; and
9) record of any veterinary treatment or medication received by the animal.
b) Licenses are to be issued for a term of one (1) year to three (3) years, commencing and
concluding with the date of the most recent rabies vaccination. Owner must contact
SBARC with changes of address,telephone or ownership. Failure to keep contact information
current may result in the inability of SBARC to contact an owner.
c) All Permits are to be issued for a term of one (1) year, commencing with the date of issuance,
and required to be renewed annually.
d) Upon approval, SBARC shall issue a license or permit in written or electronic form, which
includes the number of the license or permit and the type of license or permit.
e) SBARC shall maintain records of the identifying license/permit number.
f) All dogs or cats over the age of three (3) months must be licensed with a current license. The
owner of any dog or cat, which dog or cat is over the age of three (3) months, must also have
in his or her possession a current rabies vaccination certificate showing that such animal has
been vaccinated against rabies as provided in Secs. 5-23 . Any owner of such animal who
moves into the City for purposes of establishing a residence or residing or who becomes a
resident as result of annexation shall have thirty (30) days in which to obtain the license or
permit required by this Article.
g) All owners have the responsibility to keep all license or permit information current with
SBARC.
h) No person shall harbor,hold for sale, sell, keep or maintain in the City any dangerous animal,
unless they have been issued a current license and all provisions of Sec 5-123 in Article 10 are
satisfied.
i) Engaging in an activity described in this Article without obtaining the relevant permit may be
considered a violation of the applicable permit regulations.
Sec. 5-62.Microchips
a) SBARC recommends that all dogs, cats, and small animals be microchipped for
reunification should the animal become lost or stolen. It is strongly encouraged that the
owner information is kept up to date.
b) If a dog, cat, or small animal does not have a microchip, SBARC can register and implant
one(1)permanent microchip with a corresponding discrete number.
c) Microchip implants may be registered for the animal's life span with SBARC.
d) All animals that leave SBARC shall be microchipped .
Sec. 5-63. Kennellcattery permit regulations.
a) All kennels/catteries in the City shall:
1) be operated in such a manner as not to constitute a nuisance;
2) provide an isolation ward for boarded animals that are sick or diseased, that is sufficiently
removed so as not to endanger the health of other animals;
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3) keep all boarded animals caged or under the control of the owner or operator of the
kennel/cattery;
4) with respect to all animals in the kennel/cattery, comply with all the requirements of this
Chapter for the minimum care of animals;
5) comply with all applicable federal, state and local laws, and all applicable regulations
adopted by the Department of Community Investment;
6) be subject to regular unannounced inspection at the discretion of SBARC; and
7) have a valid permit issued by SBARC as set forth below.
i) It shall be unlawful for any person to own or operate a kennel/cattery as
they are defined in Sec. 5-2,within the City,unless the kennel/cattery, first
has a permit issued by SBARC and is compliant with the zoning ordinance.
ii) Each kennel/cattery shall require only one (I) kennel/cattery permit,
although it may operate as a kennel and cattery.
iii)When a kennel/cattery meets the requirements of this Chapter, SBARC will
issue it a permit.
iv)Each animal owned by the permit holder will be individually licensed with
the City; animals owned by clients of a boarding business will be licensed
by the permit holder's clients.
b) Annual inspection; permit term; renewal.
I) Prior to the issuance or renewal of permit, SBARC may inspect the kennel/cattery to
determine whether the applicant is qualified under this Chapter.
2) The permit term shall be valid for one(1)year from the date of issuance.
3) The kennel/cattery owner/operator must contact SBARC for renewal before its permit
expires.
c) The kennel/cattery permit shall always be displayed prominently in the business office of the
kennel/cattery.
Sec. 5-64. Veterinary hospitals and clinics permit regulations.
a) No permit is required for veterinary hospitals and clinics but must meet minimum state and
national standards for veterinary licensure.
b) All animals shall be housed humanely, in a sanitary manner, and meet minimum standard care
requirements.
c) Veterinarians shall keep records of each animal accepted for treatment, diagnosis or routine
health care.
d) Veterinarians who engage in boarding,grooming or other business in addition to the treatment
and/or medical care of animals are not required to obtain a permit as herein provided.
Sec. 5-65. Grooming shop permit regulations.
a) All grooming shops in the City shall:
1) be operated in such a manner as not to constitute a nuisance;
2) shall not provide services to animals that are sick or diseased so as not to endanger the
health of other animals;
3) keep all boarded animals caged or under the control of the owner or operator of the
grooming shop;
4) with respect to all animals in the grooming shop, comply with all the requirements of
this Chapter for the minimum care of animals;
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5) comply with all applicable federal, state and local laws, and all applicable regulations
adopted by the Department of Community Investment;
6) be subject to regular unannounced inspection at the discretion of SBARC; and
7) any person who owns or operates a grooming shop as defined in this Chapter shall
obtain a grooming shop permit.
i) It shall be unlawful for any person to own or operate a grooming shop within the
City,unless the grooming shop first has a permit issued by SBARC and is compliant
with the zoning ordinance.
ii) A permit holder shall request that any dog or cat accepted for grooming be
vaccinated against rabies and require proof of such vaccination be furnished to the
shop operator.
b) Annual inspection; permit term; renewal.
1) Prior to the issuance or renewal of permit, SBARC inspect the grooming shop to
determine whether the applicant is qualified under this Chapter.
2) The permit term shall be valid for one(1)year from the date of issuance.
3) The grooming shop owner/operator must contact SBARC for renewal before its permit
expires.
c) Display. The grooming shop permit shall always be displayed prominently in the business
office of the grooming shop.
Sec. 5-66. Pet shop permit regulations.
a) A pet shop is defined as any person, group of persons, partnership, or corporation, whether
operated separately or in connection with another business enterprise,except a licensed cattery,
kennel or breeders, that buys sells or offers for sale any species of animal,wholesale or retail.
A permanent physical structure specifically designed and ventilated for the overnight and long-
term housing and sale of animals both wholesale and retail.
b) In the event of a sale of an animal from a pet shop, the pet shop as primary owner shall furnish
to 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. (Birds
and fish not included.)
5) Medication and prophylactic immunization and dates administered,
6) Internal parasite medication(s)and date(s)administered,
7) Microchip information as applicable,
8) 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,and
9) The permit holder shall retain a copy of the written statement for twelve (12) months
from date of sale.
10) A retail pet store, as defined in I.C. 15-21-1-6.5, shall provide such customer
disclosures as required by I.C. 15-21-5-5.
c) SBARC or other health official with jurisdiction may restrict the sale of any animal suspected
of being diseased or otherwise unfit for sale. An examination by a licensed veterinarian may
be requested at the expense of the enforcement agency. SBARC may seize the animal to ensure
and protect the health and safety of any animals present and/or the public.
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1) The permit holder shall reimburse the enforcing agency's veterinary fees if the
examination by the veterinarian determines the animal to be unfit for sale at the time
of examination.
2) The examination is to be made by a veterinarian within twenty-four (24) hours of the
enforcing agency's determination that the said animal is not fit for sale.
d) All pet shops herein defined and stores selling animals, birds, reptiles and fish as pets shall
house animals in a sanitary manner. Appropriate medical services, care, and housing shall be
provided according to individual species' needs.
e) No puppy or kitten under the age of ten (10) weeks may be offered for sale, trade or other
compensation or for free giveaway(except a puppy or kitten,or litter or litters taken to Animal
Welfare Organizations).
f) Retail pet stores, as defined in I.C. 15-21-1-6.5, must comply with the provisions of I.C. 15-
21-6-2. All other pet shops as defined in this Chapter that buy, sell or offer for sale cats shall
acquire such cats only through adoption agencies. Cat inventory displayed at pet shops for
compensation must only originate from SBARC or a 501(c)(3) animal rescue organization.
The intent of this section is to prohibit the purchase from high volume or hobby breeders.
g) In addition to the requirements of this Article, all pet shops in the City shall:
1) be operated in such a manner as not to constitute a nuisance;
2) provide an isolation ward for boarded animals that are sick or diseased that is
sufficiently removed so as not to endanger the health of other animals;
3) keep all boarded animals caged or under the control of the owner or operator of the pet
shop;
4) with respect to all animals in the pet shop, comply with all the requirements of this
Chapter for the minimum care of animals;
5) comply with all applicable federal, state and local laws, and all applicable regulations
adopted by the Department of Community Investment; and
6) be subject to regular unannounced inspection at the discretion of SBARC.
h) Annual inspection; permit term; renewal.
1) Prior to the issuance of a permit or renewal of permit, SBARC may inspect the pet shop
to determine whether the applicant is qualified under this Chapter.
2) The permit term shall commence for one (1)year from the date of issuance.
i) Display. The pet shop permit shall always be displayed prominently in the business office.
j) Consistency with Indiana law. Nothing in this Section shall be construed to conflict with the
provisions of I.C. 15-21-6-2.
Sec. 5-67. Rental horse permit regulations.
a) It shall constitute a violation of this Article for any person or corporation to use or offer for use
a horse in a rental horse business without a permit issued pursuant to the regulations and
conditions set out hereinafter.
b) Permits shall be issued for a term of one(1) year and shall be renewed annually.
c) An application for a permit or renewal of a permit shall be made to SBARC. Applications for
renewal must be submitted no later than ten(10)business days prior to expiration of the current
permit. All such applications shall contain:
1) the name and address of the owner of the horse(s);
2) the rental horse business in which such horse(s)is to be used; and
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3) breed, age, sex, color, markings, and the location of the stables where the
horse(s) is/are to be kept, recorded on a veterinary health certificate (such as a
Coggins report).
No permit shall be transferable. Upon the transfer of ownership or use of any horse by a new
owner or operator, such new owner or operator shall obtain a new permit for such horse within
thirty(30) days of the transfer date.
d) No owner or operator of a rental horse business shall permit a carriage driver to operate without
a valid chauffeur or operator's permit to drive.
e) The annual fee per working animal permit or renewal and shall be paid upon submission of an
application to SBARC.
f) Each horse registered for use pursuant to these regulations shall be assigned an official
identification number unique to that horse during the duration of its use by the rental horse
business.
g) An owner or operator of a rental horse business shall keep an accurate daily record of the
movement of each registered horse when in the City including driver's name, horse's
identification number, vehicle license plate number, time of leaving stable and time of return
to stable. Such records shall be kept on the premises of the stable where rental horses are kept
or maintained and shall be made available to SBARC upon request.
h) An owner or operator of a rental horse business shall make the stable (if located within the
City)in which horses used in the rental business kept open for inspection at all reasonable time
by authorized personnel of SBARC to enforce the provisions of this Article.
Sec. 5-68.Minor breeders permit; regulations.
a) A minor breeder permit shall be obtained by:
1) Any person who intentionally or unintentionally causes the breeding of one (1) cat
or dog or makes one(1)cat or dog available for breeding purposes in a 12-month
period; and/or
2) Any person who offers for sale, sells, trades, receives other compensation or gives
away any offspring of one(1) litter of dogs or cats; and/or
3) Any owner or person having custody of a dog or cat that has delivered a litter or
caused the delivery of a litter.
b) Such person shall:
1) Not allow the birthing of more than one (1) litter per female dog or cat in a 12-
month period, and
2) Be subject to regular unannounced inspection at the discretion of SBARC.
c) Permit Holders shall:
1) perform DNA-based Disease and Trait Testing for each animal used for breeding
and submit test results to SBARC as a part of the permit application;
i) If determined by SBARC, shall make an appointment with a licensed
veterinarian and provide written documentation of whether the animal(s)
are fit for breeding. If the animal(s) is unfit for breeding and are bred,
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they are in violation of this Chapter and may require mandatory spay/
neuter;
2) Be allowed to breed only one (1)dog or one(1)cat which results in the birthing
of a maximum of one(1) litter in a 12-month period in their or any other domestic
household or establishment or any combination thereof;
3) furnish SBARC with information on the birth of each litter of dogs or cats and
shall be required to register that litter of dogs or cats with SBARC,and will be
assigned a litter number for each litter;
4) turn over to SBARC any dogs or cats that die within ten(10)weeks of their birth
within 24 hours of confirmation from a licensed veterinarian ;
5) Immunize all cats and dogs offered for sale, trade or other compensation,or for
free giveaway(except an animal taken to SBARC)against common disease. In
the case of dogs, they shall be immunized against canine distemper, adeno-virus
parainfluenza, and parvovirus. In the case of cats, they shall be immunized against
feline rhinotracheitis,panleukopenia, and feline calicivirus;
6) Not offer a puppy or kitten under the age of ten(10)weeks for sale, trade, other
compensation,or free giveaway. Said provisions notwithstanding, the
advertisement of puppies or kittens available for reservation, to be sold upon
reaching the age set forth in this subsection, shall not be construed as "offering for
sale," so long as neither ownership nor possession of the animal is transferred
until it reaches ten(10) weeks of age;
7) No person holding a minor breeder's permit shall engage in the sale or transfer of
any dog or cat that is unfit for purchase due to illness, disease, or symptoms of a
contagious or infectious condition that materially affect the animal's health,
excluding external parasites such as fleas or ticks. If an animal dies from a disease
present on or before delivery, the breeder shall be presumed to be in violation of
this section. Internal parasitic infections shall be considered a disease for purposes
of this section;
8) Register with SBARC the name,address, and contact information of each buyer
or new owner of any dog or cat sold or transferred within five (5)days after the
date of such sale or transfer;
9) Transmit to the new owner or buyer the litter number of the animal acquired and
the breeder's permit number to confirm that the animal was legally bred
and complies with the prohibition on the sale of an underage puppy or kitten as
required under this Article; and
10) furnish a guarantee of health for a period of not less than one (1)week
with recommendation to have examined by licensed veterinarian for each animal
sold;
d) Revocation. Cause for revocation may include but is not limited to: animals running at
large, substantiated neighborhood nuisance complaints, failure to maintain current
25
permits, failing to provide minimum standard care requirements, failing to maintain
current rabies vaccine status, or failing to provide adequate food,water and shelter.
e) Penalties for violation of this section shall be as set forth in Section 5-149:
Sec. 5-69. Breeder permit regulations.
a).Commercial dog breeders shall comply with Ind. Code §15-21 ("Commercial
Dog Breeder Regulation") and any other applicable state and federal laws. All
other breeders are subject to the regulations under this section and those under Chapter 5.
b) A breeder permit shall be obtained by:
1) Any person who intentionally or unintentionally causes the breeding of more than one
1)cat and/or dog and/or makes more than one(1) cat and/or dog available for
breeding purposes in a 12-month period; and/or
2) Any person who offers for sale, sells, trades, receives other compensation or gives
away any offspring of more than one(1) litter of dogs or cats; and/or
3) Any owner or person having custody of more than one dog and/or cat that has
delivered a litter or caused the delivery of a litter.
c) Such person shall:
1) Not allow the birthing of more than one(1)litter per female dog or cat in a 12-month
period, and
2) Be subject to regular unannounced inspection at the discretion of SBARC.
d) Permit holders shall:
1) If applicable, furnish at the time of permit application proof of registration of
the breeder as a business with the State of Indiana or Indiana Department of Revenue
or valid proof of exemption from such registration;
2) furnish at the time of permit application a current criminal background check clearing
the person from being convicted of a felony involving violence,weapons, drugs,
animal cruelty or animal fighting. No person shall be issued a breeder permit if he or
she has been convicted of a felony involving violence, drugs, animal cruelty or
animal fighting;
3) certify in writing that he or she does not reside with a person who has been denied
a breeder's permit;
4) certify in writing that he or she does not reside with a person who has been convicted
of a felony involving violence, drugs, animal cruelty or animal fighting;
5) perform DNA-based Disease and Trait Testing for each animal used for
breeding and submit test results to SBARC as a part of the permit application;
i) If determined by SBARC, shall make an appointment with a licensed
veterinarian and provide written documentation of whether the animal(s)are fit
for breeding. If the animal(s) is unfit for breeding and are bred, they are in
violation of this Chapter and may require mandatory spay/neuter;
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6) furnish SBARC with information on the birth of each litter of dogs or cats and shall
be required to register that litter of dogs or cats with SBARC,and will be assigned a
litter number for each litter;
7) turn over to SBARC any dogs or cats that die within ten(10)weeks of their birth,
within 24 hours of confirmation from a licensed veterinarian;
8) Immunize all cats and dogs offered for sale, trade or other compensation, or for free
giveaway (except an animal taken to SBARC)against common disease. In the case of
dogs, they shall be immunized against canine distemper, adeno-virus parainfluenza,
and parvovirus. In the case of cats, they shall be immunized against feline
rhinotracheitis,panleukopenia,and feline calicivirus;
9) not offer a puppy or kitten under the age of ten(10)weeks for sale, trade, other
compensation or rehoming without fees(except a puppy or kitten or litters of them
taken to SBARC). Said provisions notwithstanding, the advertisement of puppies or
kittens available for reservation, to be sold upon reaching the age set forth in this
subsection, shall not be construed as "offering for sale," so long as neither ownership
nor possession of the animal is transferred until it reaches ten(10) weeks of age;
10) No person holding a breeder's permit shall engage in the sale or transfer of any
dog or cat that is unfit for purchase due to illness, disease, or symptoms of a
contagious or infectious condition that materially affect the animal's health,
excluding external parasites such as fleas or ticks. If an animal dies from a disease
present on or before delivery, the breeder shall be presumed to be in violation of this
section. Internal parasitic infections shall be considered a disease for purposes of this
section;
11) register with SBARC the name, address,and telephone number of each buyer or
new owner of any dog or cat sold or transferred within five(5) days after the date of
such sale or transfer;
12) Transmit to the new owner or buyer the litter number of the animal acquired and
the breeder's permit number to confirm that the animal was legally bred and complies
with the prohibition on the sale of an underage puppy or kitten as required under this
Article; and
13) furnish a guarantee of health for a period of not less than one (1)week with
recommendation to have examined by licensed veterinarian for each animal sold.
e) Revocation. Cause for revocation may include but is not limited to: animals running at
large, substantiated neighborhood nuisance complaints, failure to maintain current
permits, failing to provide minimum standard care requirements, failing to maintain
current rabies vaccine status, or failing to provide adequate food,water and shelter.
f) Penalties for violation of this section shall be as set forth in Section 5-149:
Sec.5-70. Urban Chicken Permit.
a)Anyone desiring to raise no more than six(6)hens within the City must:
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1) file and have approved an application for an urban chicken permit with SBARC,
2)pay the annual filing fee,
3) have the conditions for the chickens pass inspection by SBARC,and
4) satisfy the requirements of Sec. 5-37.
b)An urban chicken permitpermit may be denied or revoked to any person who has:
1) failed or refused to comply with the permit requirements,
2) made any fraudulent or false statement or material representation in the permit
application or in connection with the keeping of urban chickens,
3)violated a state law or any provision of the South Bend Municipal Code in connection
with the application or keeping of urban chickens, or
4)kept urban chickens or other animals in such a manner as to constitute a breach of the peace or
a menace to the health, safety or welfare of the public.
Sec. 5-71 Honey Bee permit.
a)Anyone desiring to raise honey bees within the City must:
1) file and have approved an application for an Honey Bee Permit with SBARC,
2)pay the annual filing fee,
3)have the conditions for the honey bees pass inspection by SBARC,and
4) satisfy the requirements of Sec. 5-53.
b)A honey bee permit may be denied or revoked to any person who has:
1) failed or refused to comply with the permit requirements,
2) made any fraudulent or false statement or material representation in the permit
application or in connection with the keeping of honey bees,
3)violated a state law or any provision of the South Bend Municipal Code in connection
with the application or keeping of honey bees,or
4)kept honey bees or other animals in such a manner as to constitute a breach of the peace
or a menace to the health, safety or welfare of the public.
Sec. 5-72.Pigeon permit.
a)Anyone desiring to raise racing, homing,rolling or fancy pigeons within the City must:
1) file and have approved an application for a Pigeon Permit with SBARC,
2)pay the annual filing fee,
2)have the conditions for the pigeons pass inspection by SBARC,and
3)meet the requirements of Sec. 5-38.
b)A pigeon permit may be denied or revoked to any person who has:
1) failed or refused to comply with the permit requirements,
2) made any fraudulent or false statement or material representation in the permit
application or in connection with the keeping of racing, homing,rolling or fancy pigeons,
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3)violated a state law or any provision of the South Bend Municipal Code in connection
with the application or keeping of the pigeons, or
4)kept the pigeons or other animals in such a manner as to constitute a breach of the peace
or a menace to the health, safety or welfare of the public.
Sec. 5-73.Animal event and animal exhibit permit.
a) No person or entity shall operate or maintain for profit an animal event or exhibit without first
having obtained a permit from SBARC.
b) The application for the permit shall describe the proposed location, the purposes for which it
is maintained and the dates and hours of the performances or exhibitions.The application shall
also include details about the type of event or exhibit and the animals that will be present. The
proposed event must comply with local, state, and federal laws regarding the humane care and
treatment of animals,and a copy of the application shall be filed with SBARC no later than ten
10)days prior to the first date of the proposed performance or exhibition.
c) The applicant shall provide written proof of insurance. Insurance shall be in the minimum
amount of seven hundred thousand dollars ($700,000.00) for each person, and five million
dollars($5,000,000.00) for each occurrence.
d) The permit fees required under this Chapter may be waived at the discretion of SBARC.
e) SBARC may perform periodic inspections at any time before, during, or after the event or
exhibit with or without notice.
f) Any permit issued under the provisions of this section may be revoked by SBARC by
reasonable notice or hearing.
Sec. 5-74. Carnival and circus licenses.
a) All carnivals and circuses must comply with the provisions of Sec. 4-22 of the South Bend
Municipal Code.
Sec. 5-75.Zoological park permits.
a) Zoological parks, defined as any permanent facility or operation other than a pet shop,
displaying or exhibiting one(1) or more species of animals, which is accredited and operated
by a person, partnership, corporation or government agency for the purpose of promoting
conservation, shall be issued permits at no fee.
b) In addition, all zoological parks in the City shall:
1) be operated in such a manner as not to constitute a nuisance;
2) provide an isolation ward for animals that are sick or diseased,and any sick or diseased
animal be sufficiently quarantined so as not to endanger the health of other animals;
3) keep all animals caged or under the control of the owner or operator of the zoological
park;
4) with respect to all animals in the zoological park, comply with all the requirements of
this Chapter for the minimum care of animals;
5) comply with all applicable federal, state, and local laws, and all applicable regulations
adopted by the Department of Community Investment; and
6) be subject to regular unannounced inspection(s) at the discretion of SBARC.
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c) Annual inspection; permit term; renewal.
1) Prior to the issuance of a permit or renewal of permit, SBARC may inspect the
zoological park to determine whether the applicant is qualified under this Chapter.
2) The permit term shall commence for(1) year from the date of issuance.
d) Display. The zoological park permit shall always be displayed prominently in the business
office of the zoological park.
Sec. 5-76. Animal attraction permits.
a) Animal attractions, defined as any permanent facility or operation other than a pet shop or
zoological park, displaying or exhibiting one(1) or more species of animals, shall be required
to obtain a permit as set forth in this Chapter.
b) In addition, all animal attractions in the City shall:
1) be operated in such a manner as not to constitute a nuisance;
2) provide an isolation ward for animals that are sick or diseased,and any sick or diseased
animal be sufficiently quarantined so as not to endanger the health of other animals;
3) keep all animals caged or under the control of the owner or operator of the animal
attraction;
4) with respect to all animals in the animal attraction,comply with all the requirements of
this Chapter for the minimum care of animals;
5) comply with all applicable federal, state, and local laws, and all applicable regulations
adopted by the Department of Community Investment; and
6) be subject to regular unannounced inspection(s) at the discretion of SBARC.
c) Annual inspection; permit term; renewal.
1) Prior to the issuance of a permit or renewal of permit, SBARC may inspect the animal
attraction to determine whether the applicant is qualified under this Chapter.
2) The permit term shall commence for(1) year from the date of issuance.
d) Display. The animal attraction permit shall always be displayed prominently in the business
office of the animal attraction.
Sec. 5-77.Animal rescue organizations and animal welfare organizations.
a)No permit shall be required of animal rescue organizations or animal welfare organizations as
defined in Sec. 5-2; however, all other provisions of this Chapter shall apply, and such
organizations are subject further to the following regulations:
1) Record keeping. Records of animals, including placements, medical treatments, and
microchip information must be kept and be furnished to SBARC and/or to adoptive
owners upon request.
2) Animal Placements. The animal rescue organization and animal welfare organization
are responsible for ensuring the foster placement of animals under its care meet the
provisions of this Chapter before and during the duration of placement.
3) Location. Foster homes within the City must comply with all applicable provisions of
this Chapter regardless of the location and jurisdiction of its related animal rescue
organization's or animal welfare organization's primary business address.
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4) Violations. Animal rescue organizations, animal welfare organizations, and foster
homes may each be held liable for violations of this Chapter and fined per offense,with
further penalty provisions detailed in Article 11 of this Chapter.
Sec. 5-78. Denial, suspension,or revocation of permit; notice; appeals; re-inspections.
a) SBARC may deny a permit application, and any permit may be suspended or revoked for any
violations of the Animal Care Regulations provided in Article 2 of this Chapter, or for any
following reasons:
I) Any fraud, material misrepresentation or false statement contained in the application;
2) Any fraud, material misrepresentation or false statement made in connection with the
selling of animals, goods,wares, merchandise and services;
3) Any violation of a term or condition of a permit;
4) Any activity in violation of a statute or provision of this Code related to the licensed
business;
5) Conducting the activity in such a manner as to constitute a breach of the peace or to
constitute a menace to the health, safety, welfare of the public or the health of any animal
at the premises;
6) Failure to obtain any required permit as outlined in this Chapter.
b) Upon denial, suspension, or revocation:
1) All operations related to the permit shall cease at once.
2) SBARC may cause a"notice of closure"sign to be conspicuously placed at the location(s)
of the operations. It shall be a violation of this Chapter for any person to remove a"notice
of closure"sign unless authorized to do so by SBARC.
3) SBARC may immediately impound all animals in such person's care, possession or
control.
c) SBARC shall provide notice of permit denial,suspension,revocation and appeal,re-inspection
and redemption provisions under this Article by first class mail to the address on record of the
person who is denied a permit or whose permit is suspended or revoked.
d) Any person who is denied a permit or whose permit is suspended or revoked may appeal the
denial, suspension or revocation in accordance with this section within ten (10) days of the
date of the denial, suspension or revocation of the permit.
1) All requests for appeals must be in writing and state the reasons for the appeal.
2) The request for appeal must be filed with SBARC. Upon receipt of the written request of
appeal, SBARC will forward it to the Department of Law for review.
3) If the request meets the requirements of this section,then the Animal Welfare Commission
shall set the location,date and time for the hearing to be held within 30 days of acceptance
and provide for the service of notification of the hearing to the party requesting the appeal.
4) The Animal Welfare Commission must serve notice of hearing at least 10 days before the
hearing to the last known address of the person requesting the appeal and the notice must
contain the following:
a)The name and contact information of the Animal Welfare Commission.
b)Hearing date, time and location.
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c)A statement referencing and summarizing the hearing process under this
section.
5) The Animal Welfare Commission has the authority to hear evidence, both pro and con, as
to whether the denial, suspension or revocation should or should not be removed.
6) The Animal Welfare Commission shall promptly decide to affirm or vacate the denial,
suspension or revocation and may issue such determination at the end of the hearing or
within a reasonable amount of time thereafter.
7) Decisions must be based on a preponderance of the evidence and applicable provisions of
the Municipal Code.
8) Determinations of the Animal Welfare Commission may be appealed to the Circuit or
Superior Courts of St. Joseph County, Indiana.
e) Any person who is denied a permit or whose permit is suspended or revoked may seek a re-
inspection agreement with SBARC for the granting or reinstatement of a permit based on
compliance.
I) Upon any re-inspection by SBARC, a permit reinstatement fee of fifty dollars($50.00)will be
required before the permit reinstatement is approved.
Sec. 5-79. Redemption of impounded animals seized for permit denials, suspensions or
revocation.
a) Animals impounded by SBARC will be held:
I) for no less than the ten(10)days to request an appeal, or
2) for an agreed upon timeframe, as determined by SBARC, to correct the conditions that
caused the denial, suspension,or revocation.
If no appeal is filed within ten (10) days, if no agreement is reached, or if the conditions are not
corrected as stated in the agreement,the seized animals will be the legal property of SBARC.
b) Upon the redemption of seized animals, the person who is denied a permit or whose permit is
suspended or revoked is responsible for fees associated with the housing, care, and medical
treatment of the seized animals.
Sec. 5-80.Reserved.
ARTICLE 8. NOTIFICATION REQUIRED
Sec. 5-81.Notification of vehicular collision with animal.
a) A person whose vehicle causes accidental injury or death to an animal in the City
shall:
1)stop at once,
2) assess the injury to the extent that it is safe to do so, and
3) immediately notify:
i) the animal's owner, if known, and
ii) SBARC, either directly or through a local law enforcement agency,with:
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A) a description of the animal struck,
B)the location of the collision, and
C) an assessment as to the condition of the animal after being struck.
b) Such person shall not be required to report his or her name, as the only purpose of this
requirement is to aid the stricken animal and notify its owner, if any.
Sec. 5-82. Notification of lost or stray animals required; microchip scanning regulations.
A finder, defined as a person who finds or locates a lost or stray animal, shall comply with the
following:
a) Notification. A finder must notify SBARC within twenty-four (24)hours or the next business
day and file a found report which shall include: pictures, description of animal, gender(if
known), alter status(if known), location/time/date found, distinguishing features (i.e.
injuries, collar, specific markings,rabies tag information,etc.).
b) Microchip Scan. A finder must have the animal scanned for a microchip by SBARC or a
licensed veterinary clinic within twenty-four(24) hours or the next business day.
c) Finder custody. At the discretion of SBARC, the animal may be kept by the finder while
attempts to discover the owner are made.
1) If the finder chooses to house and care for the animal, the animal shall be held for fifteen
15)consecutive days to allow the owner time to reclaim their animal.
2) If the finder places the animal with any other person for the duration of the fifteen(15)
day hold, the finder shall notify SBARC within twenty-four(24)hours (or within the
following business day) of placement of said animal.
3) Anyone housing and caring for an animal during the fifteen (15) day hold is obligated to
comply with all rules and regulations of this Chapter, pertaining to humane care and
treatment of animals, while said animal is in their custody. Said persons should refrain
from providing any veterinary or medical care to the found animal in their custody without
prior approval of SBARC.
4) The person housing and caring for the animal during the fifteen(15) day hold period will
be considered the found animal's temporary owner for the purposes of this Chapter only,
while the animal is in that person's custody. For purposes of this Section, a temporary
owner shall only be required to provide minimum care, as defined in this Chapter.
5) At any time during the fifteen(15) day hold period, SBARC may require the animal to be
held at its facility.
6) When SBARC takes custody of a found animal,regardless of whether the temporary owner
held the animal for a portion of the fifteen (15) day hold, SBARC may arrange for the
disposition of the animal pursuant to Sec. 5-147.
d) Resolution.
1) If the temporary owner determines the animal's owner any time while the animal is in
their custody during the fifteen(15) day hold period, then the temporary owner, within
twenty-four(24)hours thereof, must return the animal to the owner or SBARC.
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2) If the temporary owner chooses to keep the animal after proper completion of the fifteen
15)day hold period,then they shall be required to follow all applicable requirements of
this Chapter within thirty(30) days of the fifteen(15)day hold period expiration.
3) If the temporary owner chooses to rehome the animal after proper completion of the
fifteen (15)day hold period,then the temporary owner shall be required to provide
SBARC the name and address of the person taking ownership of the animal.
Sec. 5-83. Notification of biting animals; report; procedure;violation.
a) An owner of any animal which has bitten a person, or another animal, within the
jurisdictional limits of the City, must report the incident to the St. Joseph County Department of
Health and SBARC and immediately make the animal available for quarantine. Upon receiving
the report of a bite, SBARC, as the quarantining authority, will quarantine the animal for ten (10)
days with the place of confinement at its discretion. During the quarantine period, the animal is to
be securely confined and kept from contact with any other animal or person. Said provision
notwithstanding, the animal will not be required to be kept from contact with animals or persons
residing in the same dwelling unit as the animal.
b) On the day following the end of the quarantine or as otherwise required by SBARC, the
owner shall present the biting animal to SBARC or their veterinarian to verify the animal is still
alive and in good health.
c) During the quarantine period, the owner must provide a current rabies vaccination
certificate for the animal that is being quarantined. If proof of vaccination cannot be supplied, the
animal must be vaccinated at the owner's expense by a veterinarian after the expiration of the
quarantine period and within 30 days of the bite occurrence. All vaccination, microchip, and
licensing must be completed within the 20-day post-quarantine period. If arrangements are made
for a scheduled, prepaid rabies vaccination, the owner must provide SBARC with the name,
address and phone number of the veterinarian performing the rabies vaccination, which will be
verified before the animal can be released to the owner.
1) If the animal is quarantined at SBARC, a microchip shall be implanted in it prior to its
release from quarantine. The cost of the implant shall be at the owner's expense before
release.
2) If the animal is quarantined in a place other than SBARC, a microchip shall be
implanted in it within twenty(20)days following the animal's release from quarantine.
If a microchip is implanted by anyone other than SBARC, Microchip number and
registration must be supplied to SBARC within three (3) business days of the
implantation. The cost of the implant and registry shall be at the owner's expense.
3) The microchip and its corresponding registration history shall be considered prima
facie evidence of ownership and enforcement history for any additional enforcement
action under this Chapter.
d) No person other than an authorized SBARC staff member or veterinarian shall euthanize
or cause to be euthanized any animal suspected of being rabid except in cases of immediate self-
protection. If that occurs, the person will retain the body of the suspected rabid animal and
immediately notify SBARC.
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e) Violations of these quarantine provisions may subject the responsible party to civil
penalties under this Chapter, City ordinances or other applicable law.
f) It is a violation of this Chapter for an animal to bite another human or animal unprovoked.
Such bites may result in civil penalties depending on severity of the bite and consideration of the
totality of circumstances.
Sec. 5-84. Mandatory notification—veterinarian professional.
Consistent with I.C. 25-38.1-4-8.5, any veterinarian or registered veterinary technician
who is presented with any animal that resides within the City under circumstances giving rise to a
suspicion of animal cruelty under I.C. 35-46-3 shall file a report with SBARC. Said report shall
contain the owner's name, address, contact information, dates, description of animal(s) involved
and medical information regarding the incident.
Sec. 5-85—5-89. Reserved
ARTICLE 9.—CONDUCT PROHIBITED
Sec. 5-90.- Referral of prohibited animal conduct.
Animal-related criminal conduct prohibited under applicable state law, including but not
limited to those under IC 35-46-3 Offenses Relating to Animals, may be referred to the appropriate
law enforcement agency or county prosecutor.
Sec. 5-91.-Offensive use of animals prohibited.
The following Offensive use of animals shall be prohibited:
a) It shall be unlawful for a person to willfully deposit a dead or live animal upon public or
private premises not owned by that person
b) It shall be unlawful to willfully use a live or dead animal in the commission of an assault
or battery.
c) It shall be unlawful for a person to willfully deposit a dead or live animal upon personal
property of another.
d) It shall be unlawful for a person to aid and abet another in committing any of the foregoing
offenses.
Sec. 5-92.- Improper disposal of dead animals prohibited.
The owner of an animal shall be responsible for the disposal of such animal's remains upon its
death in compliance with IC 15-17-11-20,as amended.
Sec. 5-93.—Antagonization of any animal prohibited.
It shall be unlawful for a person to tease, molest,or provoke any animal in the City.
Sec. 5-94.-Animals as prizes, novelties, or inducements prohibited.
a) No person shall sell, offer for sale,trade, barter, or give away any live animal as a prize.
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b) No person shall sell, offer for sale, trade, barter, or give away any live animal as a novelty.
c) No animal shall be used as an inducement to enter a business transaction other than with
establishments who are licensed and/or permitted under Chapter 5 consistent with requirements
in this ordinance.
d) Governmental agencies, or registered rescue groups maintaining an IRC 501(c)(3) status
providing health, safety, or adoption promotions will be exempt from the provisions of
subsection (a) and (c) as described above. This exemption is subject to necessary permits and
inspection.
Sec. 5-95.-Poisonous bait prohibited.
a) It shall be unlawful for any person to throw or deposit any known poisonous substance,
whether mixed with food or not, in any of the streets, alleys, parks, common areas, yards,
or other places, whether public or private, so that it is likely to be eaten by an animal.
b) Said provision notwithstanding, it shall not be unlawful for a person to, on their own
property:
1. Deposit common rat or mouse poison, unmixed or mixed only with vegetable
substances, for the eradication of rats or mice, or
2. Deposit commercially available substances for the eradication of termites or
similar insects.
Sec. 5-96.—Dyeing,staining or tattooing animals prohibited.
It shall be unlawful for a person to artificially or chemically color, spray, stain,paint or tattoo any
animal, except
a) Tattoo marks tattooed by a veterinarian to indicate completed sterilization.
b) An owner or licensed groomer dyeing an animal's fur with non-toxic pet-safe dye using
reasonable care.
Sec. 5-97.-Prohibited animal events.
No person, group of persons or any organization,whether for pay, other compensation,or for free
promotional purpose, shall conduct or allow any event involving contests between animals or
persons using animals in any form or manner that threatens public safety or the safety,well-being,
and comfort of the animals involved.
Sec. 5-98.- Animal fights and fighting contests prohibited.
Animal fights and fighting contests are prohibited under applicable state law, as in IC 35-46-3
Offenses Relating to Animals"), as amended, and may be referred to the appropriate law
enforcement agency and/or county prosecutor.
Sec. 5-99.—Inappropriate animal collection prohibited.
a) It shall be unlawful for any person to:
1) collect dead animals that are not properly disposed of and within the time frame as defined
by this Chapter and state law, or
2) collect, house, or harbor animals in unsanitary conditions that constitute a health hazard
to the residents of the premises, and/or to the animals or residents of adjacent property.
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b) It shall be a violation of this section to inappropriately collect an animal(s) as defined in this
Chapter.
Sec. 5-100. - Enticement of another person's animal prohibited.
It shall be a violation of this Chapter to capture,lure,entice,or take any animal out of the enclosure,
premises, or custody of the owner or community cat caretaker without authorization.
Sec. 5-101.-Animal mistreatment or abandonment prohibited.
a) Mistreatment of animals, such as abuse, neglect, mutilation, torture, and abandonment as
defined in IC 35-46-3, may be referred to the appropriate law enforcement agency and/or
county prosecutor.
b) Mistreatment of an animal,such as cruelty,neglect as defined in this Chapter,resulting in harm
or death shall be a violation of this Chapter and cited as provided herein.
c) Abandonment of an animal shall be a violation of this Chapter and cited as provided herein.
d) Devocalization of any animal is strictly prohibited and may be cited as provided under this
chapter. Devocalization is defined as: the knowing or intentional removal of the vocal cords of
an animal for purposes of removing the animal's ability to make any vocalization.
Sec. 5-102. -Running at large prohibited; duty of owner to keep dog under control.
a) It shall always be the duty of the owner of any animal(s) or anyone having an animal in their
possession to keep the animal under control while the animal is off the real property limits of
the owner. For the purposes of this section, an animal is deemed under control when:
1) it is confined within a vehicle;
2) is secured by a leash or other device held by a competent person;
3) is under demonstrated voice control or
4) is properly confined within an enclosure with permission of the owner/occupant of the
property where the enclosure is located.
b) It shall be unlawful for any animal to be:
1) out of control,
2) unattended off the premises of the owner,
3) upon the property of another person without permission,or
4) within a public space in violation of the rules of this chapter.
c) Animals on the property of the owner must be supervised by a responsible person when invitees
are present.
d) Every animal shall be restrained or controlled so as to prevent it from chasing vehicles or
attacking persons or other domestic animals.
e) The owner of any animal that is proven to be at large shall be in violation of this section,
regardless of the precautions taken to prevent the escape of the animal and regardless of lack
of knowledge of the offense at the time it occurs.
Sec. 5-103.-Confinement in a motor vehicle prohibited.
a) Confinement of any animal in any unattended motor vehicle is prohibited under conditions that
endanger the health or well-being of an animal due to temperatures, lack of adequate
ventilation, lack of food or water, or other circumstances that could reasonably be expected to
cause suffering, disability, or death to the animal.
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b) It shall be unlawful for any living animal to ride in the bed of a pickup truck unless the animal
is securely caged and protected from the environment or unless the bed of the pickup truck is
enclosed with a camper shell or other device and there is appropriate and sufficient ventilation.
Sec. 5-104. -Exotic animals and native wildlife prohibitions.
a) No wild or exotic animal shall be kept within the City without the necessary state and/or federal
permits.
b) No person shall keep,shelter,harbor,buy,sell,or trade within the City a dangerous wild animal
or a dangerous exotic animal as defined in this Chapter except as provided in paragraph (d)
below.
c) The touching, handling, or physical interaction by a person, guest, customer, visitor, or client
of an exotic and/or dangerous wild or exotic animal is prohibited, unless the person is acting
within the scope of their legal authority.
d) This section shall not apply to zoological parks or zoos with permits, colleges or universities,
or medical institutions.
Sec. 5-105. -Trapping and wild animals prohibitions.
a) Trapping of wild animals is regulated by the State under IC 14-22 et seq. Violations of these
provisions may be referred to the appropriate State authorities.
b) The following regulations are set forth for trapping on the land, buildings, or other real
property owned by the City:
1) It shall be unlawful for a person to use,place, set or cause to be used,placed,or set any
leg-hold trap or similar device upon any land or waters.
2) It shall be unlawful for a person to use,place, set or cause to be used,placed or set any
snare,net or other device upon any land or waters which causes the trapping or capturing
of any animal in any manner by which the animal is not either
a) captured painlessly or
b) killed instantly.
3) It shall be unlawful for a person,having placed a trap,snare or similar device,to capture
wildlife, to fail to inspect and empty it at least once during every twenty-four-hour
period.
4) No person may trap any animals without City authorization on the land, buildings, or
other real property owned by the City.
c) The following regulations are set forth for the trapping of domestic animals:
1) It shall be unlawful for a person to use,place, set or cause to be used,placed,or set any
leg-hold trap or similar device upon any land or waters.
2) It shall be unlawful for a person to use,place, set or cause to be used,placed or set any
snare,net or other device upon any land or waters which causes the trapping or capturing
of any animal in any manner by which the animal is not captured painlessly
3) It shall be unlawful for a person,having placed a trap,snare or similar device,to capture
wildlife, to fail to inspect and empty it at least once during every twenty-four-hour
period.
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d) Notwithstanding anything to the contrary herein, incidental or unintended capture of a
domestic animal in a trap lawfully set for wildlife purposes under applicable state law shall
not,by itself, constitute a violation of this Section.
Sec. 5-106. -Care of a free-roaming cat.
A) It shall be unlawful for a person to provide food, water or shelter to a free-roaming cat for
a period of more than three (3) days unless in compliance with Secs. 5-26, 5-27 and 5-28
of this Chapter.
B) A person will be presumed to be a harborer of a free-roaming cat if they provide food,
water, or shelter to a free-roaming cat for more than three (3)days.
C) SBARC may impound free-roaming cats in violation of this Chapter and dispose of the
cats in accordance with the criteria set forth in this Chapter.
Sec. 5-107.—Excessive Barking
It shall be a violation of this Chapter for an animal to bark,whine,howl,or make other sounds
common to its species in excess, continuously for fifteen (15) minutes or for an aggregate
twenty(20) minutes in a one-hour period
Secs. 5-108—5-115.- Reserved.
ARTICLE 10.ANIMAL WELFARE ENFORCEMENT
DIVISION 1. GENERAL PROVISIONS
Sec. 5-116.-Investigation.
a) SBARC may investigate animals, persons, and property believed to be in violation of this
Chapter.
b) All SBARC staff and volunteers shall cooperate with all City, county, state and federal law
enforcement in investigations.
c) SBARC staff will report all suspected Criminal or inhumane treatment to the South Bend
Police Department.
Sec. 5-117. - Inspections and entry on property.
a) When it is necessary to inspect or investigate any premises within the jurisdiction of SBARC
in order to enforce any of the provisions of this Chapter, perform any duty imposed by this
Chapter or upon probable cause of a violation of this Chapter or State law, SBARC is
authorized at all reasonable times to inspect the suspect premises,provided the following:
1) If the property is occupied, the inspector shall first present proper credentials to the
occupant and request entry,explaining the reasons therefor;
2) If the property is unoccupied, the inspector shall make a reasonable effort to locate the
owner or other person(s) having control of the property and request entry, explaining the
reasons therefor;
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3) If entry is refused or cannot be obtained because the owner or other person(s)having charge
or control of the property cannot be found after reasonable search or refuses to permit entry,
the inspector shall have recourse to secure lawful entry and inspection of the property via
a warrant issued by a judge in good standing;
4) Under exigent circumstances,to the extent permissible by state and federal law.
Sec. 5-118. Pursuit of stray animals, animals at large,or dangers or threats to public safety.
SBARC may,with reasonable care, pursue, capture, and impound animals believed to be stray, at
large, or a danger or threat to public safety.
a) SBARC staff may proceed upon public property in pursuit of animals.
b) SBARC staff may proceed upon private property in plain view. This authority does not
extend to privately-owned structures or enclosures without the consent of the owner,
lessee, or other occupant in control of the premises, unless
1) There are exigent circumstances to enter an enclosure,such as an immediate danger
to the public or animal; or
2) SBARC staff obtains a warrant.
c) SBARC staff may proceed upon vacant and/or abandoned properties,
d) If an animal is captured without the knowledge or consent of the known owner or
occupant of the premises, then a notice may promptly be affixed to the premises from
which capture took place and where the owner is known to reside, if different, in an
obvious location, directing the known owner or occupant to contact SBARC and
providing sufficient information as to the reason for the capture and disposition process.
Sec. 5-119.—Impoundment
a) Animals may be impounded and held at SBARC or a designated facility when there is probable
cause that any of the following apply:
1) animal mistreatment as described in Section 5-101,
2) animals trained,bred or kept for the purpose of animal fighting,
3) animals considered public nuisance, dangerous, or vicious,
4) animals unable to be cared for as a result of owner arrest, eviction, hospitalization, or
force majeure event,
5) animals that have been abandoned,
6) animals considered to be stray or at large,
7) for any other reason determined to be in the interest of the animal's safety or welfare,
or
8) animals that for any other reason are considered to be a danger or threat to public safety.
b) When an animal is believed abandoned, SBARC shall place on a conspicuous location on the
premises two Animal Welfare Alert notices approximately 24 hours apart that such animal
appears abandoned and subject to impoundment. Each notice requires the owner to contact
SBARC within 24 hours to explain the condition and welfare of the animal. If the owner fails
to contact SBARC, then 24 hours after the second notice the animal may be impounded.
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c) Any animal found in violation of Sec. 5-105 may be seized immediately in accordance with
Indiana State Code and Department of Natural Resources Regulations.
d) Upon impoundment,the following process will apply:
1) The animal will be held in protective custody for seven(7)calendar days to allow an owner
to locate a new and appropriate owner or housing for the animal outside the City. If no
arrangements have been made in seven (7) calendar days, the animal will become the
property of the City and disposition may be made at that time. For purposes of this
subsection,"protective custody" shall mean to seize and place into the custody of SBARC
for the animal's health, safety and protection, or due to the animal's involvement in active
investigation, or when the owner is deemed incapable of providing for the animal's
minimum care"as defined in Sec. 5-8.
2) Notice of the protective custody, holding period, responsibility of costs and possible
disposition must be served by hand delivery to the owner or posting at the premises of the
last known address of the owner. Notice may be served by first class mail, as appropriate.
3) The owner of any animal,which is impounded or relocated under this section,shall be held
responsible for payment of any expenses so incurred by SBARC. Fees will be paid prior to
release or relocation of the animal.
4) Impounded animals may be transported to a licensed veterinarian for examination and/or
treatment.
5) If, in the opinion of a veterinarian, the animal must be euthanized , euthanasia will be
performed immediately. Costs of treatment, euthanasia, and/or care shall be the
responsibility of the owner.
6) The housing and rehabilitation of native wildlife on public or private land shall be by a
state, and/or federally, permitted or sub-permitted entity or individual. The permitted
housing or shelter of wildlife shall not be any less than twenty (20) feet from neighboring
property. Disease vectors such as raccoons and opossums are not permitted to be
rehabilitated inside City limits.
e) Any animal may be impounded pursuant to an order of the Animal Welfare Commission which
1)provides for immediate impoundment,or 2)following a violation of an Order which permits
impoundment for violations.
Sec.5-120.-Entering motor vehicle to remove domestic animal; partial liability for damage;
conditions for partial immunity; persons not liable.
Pursuant to IC 34-30-30-3, an Animal Welfare Officer that is acting within the course and scope
of the person's employment is not liable for the cost of repairing damage to the motor vehicle
caused by the person's forceable entry.
Sec. 5-121. -Interference with SBARC staff
a) No person shall release or attempt to release an animal from the custody of SBARC staff or
release or attempt to release an animal from a humane trap which belongs to SBARC.
b) It shall be unlawful for any person to knowingly provide false information, a false statement
or false representation to SBARC staff or hinder the investigation of any SBARC staff
discharging or attempting to discharge any legal duty imposed by this Chapter.
c) The following shall be violations of this Chapter:
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1) Any person,who by word or act,resists,abuses, molests,obstructs or impedes an SBARC
staff member, or
2) who uses threatening language, uses force in order to intimidate, threatens to or attempts
to do bodily harm toward such staff
while engaged in the enforcement of this Chapter or while engaging in the performance of any
duty or in the exercise of such authority.
d) Nothing in this Section shall be construed as prohibiting conduct already prohibited by Indiana
Code 35-45 et seq.
e) Any activity described in this Section not defined elsewhere in this Chapter as an ordinance
violation, may be subject to an ordinance violation citation and fine for violation of this
Section.
Sec. 5-122.-Determination of Public Nuisance Animal.
a. Definition:
1. A Public Nuisance Animal is defined as any animal which:
i). Has three(3)or more citations for any of the following behavior, as defined
in this Chapter:
A. Running at large; or
B. Barking, whining, howling, or making other sounds common to its
species in excess, continuously for fifteen (15) minutes or for an
aggregate twenty (20) minutes in a one-hour period.
ii). Damages or disturbs private or public property in a manner that is disruptive
or detrimental to resident quality of life or the community;
iii). Has an apparent isolated incident of biting a domestic animal or person
causing injury rated on Section IV of the Animal Bite Classification System
within the Official Indiana Bites Report form from Indiana State
Department of Health,of no greater than a Level 2 ;or
iv). Exhibits other behaviors or characteristics that are disruptive or detrimental
to resident quality of life or the community and requires measures beyond
ordinary care to mitigate behaviors or risks.
v). Any public nuisance activity described in this Section not defined elsewhere
in this Chapter as an ordinance violation, may be subject to an ordinance
violation citation and fine for violation of this Section.
b. Determination:
I. If the City has investigated and determined that there exists reasonable grounds to
believe that an animal meets the definition of a public nuisance animal, then
SBARC may;
i. request a hearing by the Animal Welfare Commission for the purpose
of determining whether or not the animal in question should be declared
a public nuisance animal.
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ii. take appropriate steps to impound or seize the animal in question if it
presents a danger to the public and further restrictions are required to
protect the health or safety of the animal or the public.
iii. following impoundment, serve notice of the impoundment as provided
in this chapter.
2. An animal determined to be a public nuisance animal by the Animal Welfare
Commission will be subject to appropriate restrictions for the lifetime of the animal,
which may include, but are not limited to:
i). Any or all restrictions listed under Regulated Animal Possession Permit
issuance;
ii). Requiring an owner to complete a course of animal obedience training
approved by SBARC;
iii). Keeping the animal indoors or in a secured enclosure;
iv). Requiring the use of a leash whenever off the owner's premises;
v). Identification via a microchip implanted into the skin of the animal, and
such microchip number must be provided to SBARC;
vi). Require periodic inspections of the location where the animal resides to
ensure it meets Inspection Standards; and/or
vii). Restrictions may include any other measures deemed appropriate by the
Animal Welfare Commission based on the totality of the circumstances;
3. If the animal in question dies, or is sold or transferred, the owner shall notify
SBARC of the changed condition and new location of the animal in writing within
five(5) business days.
c. Violations of Order and Restrictions:
1) Any violation of restrictions placed by the Animal Welfare Commission may result
in modification of the applicable Order to require more detailed or enhanced
restrictions, and/or may result in the immediate impoundment or seizure of
the animal and waiver of possession rights in the seized animal is authorized if
provided in the order.
2) A violation of the Animal Welfare Commission Order which also is a violation of
this Chapter may result in citations and/or fines.
3) Every owner of a public nuisance animal shall allow inspection by SBARC
employees of any enclosures or physical safety measures required pursuant to an
applicable Order.
4) SBARC may also consider any violation of applicable orders and restrictions as a
basis for a Regulated Animal Possession Permit issuance.
Sec. 5-123.—Determination of Dangerous Animal.
a) Definition:
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1) A Dangerous Animal is defined as any animal which:
i. Has at least one instance of a bite to a domestic animal or person causing
injury rated on Section IV of the Animal Bite Classification System within
the Official Indiana Bites Report form from Indiana State Department of
Health, of a Level 3 (moderate punctures); or
ii. Demonstrates a propensity, tendency, or disposition to chase and/or attack
unprovoked or to cause injury or to threaten the safety of persons or
domesticated animals with or without a bite.. Such a propensity, tendency,
and/or disposition may be demonstrated by the animal's behavior towards
wildlife.
b) Determination:
1) If the City has investigated and determined that there exists reasonable grounds to
believe that an animal meets the definition of a dangerous animal, then SBARC
may;
i). request a hearing by the Animal Welfare Commission for the purpose of
determining whether or not the animal in question should be declared a
dangerous animal.
ii). take appropriate steps to impound or seize the animal in question if it
presents a danger to the public and further restrictions are required to protect
the health or safety of the animal or the public.
iii). following impoundment, serve notice of the impoundment as provided in
this chapter.
2) At a hearing the Animal Welfare Commission may determine that an animal should
instead be classified as a Public Nuisance Animal as defined in this Chapter.
3) An animal determined to be a dangerous animal by the Animal Welfare
Commission will be subject to appropriate restrictions for the lifetime of the animal,
which may include, but are not limited to:
i). Any or all restrictions listed under Regulated Animal Possession Permit
issuance and/or Public Nuisance designations;
ii). Requiring the use of a muzzle whenever off the owner's premises;
iii). Requiring the use of a muzzle when visitors are on the owner's premises;
iv). Requiring the use of a leash, of no more than three (3) feet in length, and
under the control of a responsible adult,whenever off the owner's premises;
v). While on the owner's property, shall, at all times, be kept indoors, or in a
secured enclosure that is enclosed on all five (5) sides and is anchored to
the ground from which the animal cannot escape, and into which children
cannot trespass. At least one (1) warning sign shall be posted on the
enclosure in which the animal is maintained and must be visible from at
least twenty (20) feet away.
vi). Warning signs on all entry points to the premises on which the animal is
maintained and must be visible from at least twenty(20) feet away.
vii). Shall not be used for breeding;
viii). Alteration by a licensed veterinarian, unless:
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A. A licensed veterinarian certifies in writing that the animal is
incapable of reproduction; or
B. A licensed veterinarian certifies in writing that altering
the animal would be injurious to the animal's health; provided,
however, that if the health condition of the animal is of a temporary
nature, then the animal shall be altered immediately after the health
condition has been corrected.
ix). the owner shall maintain a liability insurance policy of no less than three
hundred thousand dollars ($300,000.00) for the animal;
x). Warning signs on all entry points to the premises on which the animal is
maintained; and/or
xi). Any other measures deemed appropriate by the Animal Welfare
Commission based on the totality of the circumstances.
4) If the animal in question dies or is euthanized, the owner shall provide notice to
SBARC.
5) No later than two (2) business days prior to selling or transferring the animal, the
owner shall notify SBARC of the intent to sell/transfer in writing and provide the
contact information for the buyer/recipient. The owner shall notify the
buyer/recipient of the animal's designation as a dangerous animal in writing,
together with any restrictions imposed by the Animal Welfare Commission.
c) Violations of Order and Restrictions:
1) Any violation of restrictions placed by the Animal Welfare Commission may result
in: modification of the applicable Order to require more detailed or enhanced
restrictions; the immediate impoundment or seizure of the animal; and waiver of
ownership rights in the seized animal is authorized if provided in the order.
2) A violation of the Animal Welfare Commission Order which also is a violation of
this Chapter may result in citations and/or fines.
3) Every owner of a dangerous animal shall allow inspection by SBARC employees
of any enclosures or other physical safety measures required pursuant to an
applicable Order.
4) SBARC may also consider any violation of applicable orders and restrictions as a
basis for a dangerous animal determination.
Sec. 5-124. -Determination of Vicious animal.
a) Definition:
1) A Vicious Animal is defined as any animal which:
i). Constitutes a physical threat to persons or animals because of an attack of
such severity or intensity that caused severe property or physical bodily
damage;
ii). Has at least one instance of a bite to a domestic animal or person causing
injury rated on Section IV of the Animal Bite Classification System within
the Official Indiana Bites Report form from the Indiana State Department
of Health, of at least Level 4;
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iii). Was previously designated as a dangerous animal and makes
an unprovoked attack on an animal or person; or
iv). Has a prior bite history demonstrating a propensity,tendency,or disposition
to attack unprovoked or to cause injury or to threaten the safety of persons
or animals and makes an unprovoked attack on an animal or person.
2) An animal shall not be a Vicious Animal within the meaning of this article if:
i). It inflicts an injury upon a person when the animal is being used by a law
enforcement officer carrying out official duties; or
ii). The injury inflicted by the animal was sustained by a person who was
committing a willful trespass or other tort; was tormenting, abusing or
assaulting the animal; had in the past been reported to have tormented,
abused or assaulted the animal;or was committing or attempting to commit
a crime.
b) Determination:
1) If the City or a law enforcement officer has reasonable grounds to believe that an
animal meets the definition of a vicious animal,then SBARC may:
i). take immediate steps to impound or seize the animal in question,
ii). following impoundment, serve notice of the impoundment as provided in
this chapter,and/or
iii). request a hearing by the Animal Welfare Commission for the purpose of
determining whether or not the animal in question should be declared a
vicious animal.
2) The Animal Welfare Commission may find in a hearing that a Vicious Animal
determination is applicable. Upon making a vicious animal finding, the animal in
question shall be euthanized. SBARC may obtain a warrant to seize or impound the
animal.
3) If the Animal Welfare Commission determines that a Vicious Animal
determination is not applicable, the Animal Welfare Commission may determine
that the animal is a Dangerous or Public Nuisance Animal, and order applicable
specific restrictions.
4) After the determination, if the owner submits an appeal during the applicable
period,euthanasia shall be placed on hold and the animal will remain in custody of
SBARC,with the owner liable for all costs of keeping the animal,until a final order
for the disposition of the animal.
Sec. 5-125.—Violations of Animal Welfare Commission Orders
a. General Applicability: This section applies to any restrictions or orders imposed by the
Animal Welfare Commission pursuant to determinations under this Article, including but
not limited to Regulated Animal Possession Permit issuance,Public Nuisance Animal,and
Dangerous Animal designations.
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b. Consequences of Violation:
1. Any violation of restrictions or orders imposed by the Animal Welfare Commission
shall be a violation of this Chapter and may result in:
i). Modification of the applicable order to require more detailed or enhanced
restrictions;
ii). Immediate impoundment or seizure of the animal,with waiver of ownership
rights in the seized animal if provided in the order;
iii). Citations and/or fines as set forth in this Chapter.
2. Every owner subject to an Animal Welfare Commission order shall allow
inspection by SBARC employees of any enclosures or physical safety measures
required pursuant to the order.
c. Escalation: SBARC may consider any violation of applicable orders and restrictions as a
basis for a new or escalated determination under this Article.
Sec. 5-126. -Reconsideration of Determination.
An owner may submit one (1) request for reconsideration per year to the Animal Welfare
Commission to have a determination ordered by the Animal Welfare Commission modified or
removed,no earlier than three hundred and sixty-five(365)days from the date of the determination
or a prior request, subject to the following:
a) The request must be in writing.
1. The request must be filed with SBARC and will only be submitted for a hearing
before the Animal Welfare Commission if there have been no valid complaints
within the last three hundred and sixty-five (365) days at the address of the
owner, against the owner, and/or against the animal;
2. The request shall include detailed information about how the change in
circumstances or measures implemented have mitigated the risk to animal
welfare and/or public safety as related to the determination;
3. The Animal Welfare Commission has the authority to hear evidence, both for
and against removal of the determination; and
4. The Animal Welfare Commission or hearing officer may make a decision to
remove, modify, or retain such determination based on the preponderance of
the evidence.
b) Said provisions notwithstanding, in the event of an appeal with an outcome favorable to
the owner, the owner may file for reconsideration under this Section prior to the expiration
of three hundred sixty-five(365)days.A reconsideration under this provision shall be filed
within fourteen(14) days of the favorable appeal outcome.
c) Upon the discovery or receipt of new information or evidence SBARC may by its own
petition request a reconsideration at any time.
Sec. 5-127. -Recognition of animal welfare designations or citations by outside agencies.
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a) SBARC may consider animal welfare designations or citations by other agencies as evidence
in an administrative determination under this Chapter or a proceeding before the Animal
Welfare Commission.
b) Nothing in this section prohibits or limits SBARC from acting under this Chapter, or the
application of this Chapter, to address an animal or animal owner that moves into the City.
Sec. 5-128. - Penalties; Costs, and Fees.
a) Any person violating any of the provisions of this Chapter may be fined for each offense, in
any sum not less than fifty dollars ($50.00) and not more than two thousand five hundred
2,500.00) as set forth in Section 5-149, and each day's violation shall constitute a separate
offense.
b) If an animal is retained at SBARC because its owner has been in violation of this Chapter,then
the person redeeming the animal by paying the prescribed fees shall also be required to pay the
costs incurred by SBARC for impoundment and caring for including, but not limited to:
1) Surgeries,
2) Vaccines,
3) X-rays,
4) Medications,
5) Exams, including Veterinarian visits,
6) Lab work,
7) Boarding,
8) Rescue equipment,
9) Perishable personal protection equipment, and
10) Grooming.
c) Violation of any provision of this Chapter may result in revocation of any permit(s) issued by
SBARC and may require a re-inspection prior to reinstatement of the permit.
d) Upon finding of violations of this Chapter, the City may choose at any time to seek
enforcement through a court of competent jurisdiction which may order relinquishment of an
animal(s) deemed to be a public safety risk or a repetitive public nuisance that has not been
abated or an animal that is a victim of cruelty, neglect, or abandonment, to SBARC for
disposition.The owner of such animal(s)shall be liable to the City for all court costs, litigation
costs and legal fees if the City prevails and as approved by the court,and the City may ask the
court to require the issuance of a bond from owner to cover the costs of keeping any animal in
custody of SBARC.
DIVISION 2. CHRONIC ANIMAL ORDINANCE VIOLATIONS—REGULATED ANIMAL
POSSESSION PERMIT REQUIRED
Sec. 5-129. Purpose and intent.
a). The purpose of this Division is to protect the public health, safety, and welfare, and to
prevent harm to animals, by regulating the future possession and care of animals by persons
whose documented history of animal ordinance violation citations reasonably indicates an
inability to comply with the requirements of this Chapter.
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b). This Division shall be interpreted and applied consistently with Indiana and Federal law
governing animal care and welfare. If any provision is found to require action inconsistent with
such state or federal regulations, it shall be deemed preempted to the extent of the inconsistency.
Sec. 5-130. Definitions.
Regulated Animal Possession Permit means a permit issued by SBARC with or without
conditions, authorizing a person to possess or harbor one or more animals subject to the
requirements of this Chapter.
Sec. 5-131. Permit required for continued animal possession.
a) A person who meets the criteria in subsection(b)or(c) is not eligible to possess or harbor
animals within the City unless that person qualifies for and holds a valid Regulated Animal
Possession Permit issued pursuant to this Division.
b) A person is subject to this Division if, within a rolling twenty-four(24) month period, the
person has received three(3)or more citations for violations of this Chapter, and SBARC
determines that such history reasonably indicates an inability to comply with the requirements of
this Chapter in the future,demonstrating the need for added regulations.
c)A person is subject to this Division if the person has received at least one (1) citation for
violation of this Chapter indicating a heightened risk to:
1. animal welfare, to other persons or animals based upon the likelihood to sustain
injuries or contract diseases,or
2. the public health, safety, and welfare
and SBARC determines the citation poses so great a risk to the considerations in subsections 1
and 2 above that added regulations are necessary before the accumulation of three citations.
Sec. 5-132. SBARC review of citation history.
a) SBARC may review all relevant records regarding a person's prior citations, history of
compliance, corrective actions undertaken, and any other information reasonably related to
future compliance with this Chapter.
b) After a review pursuant to subsection(a), SBARC may conclude one of the following:
1. A person's citation history indicates added regulations are needed for future compliance;
2. A person's citation poses so great a risk to animal, human, and/or public health, safety,
and welfare that added regulations are necessary before the accumulation of three
citations;
3. A person's citation history does not warrant a Regulated Animal Possession Permit at this
time; or
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4. A person's citation history demonstrates they are not qualified for a Regulated Animal
Possession Permit at this time. A determination under this subsection means that
possession of an animal shall constitute a violation of this Chapter.
Sec. 5-133. Issuance of Regulated Animal Possession Permit.
a) If SBARC determines a person is qualified for a Regulated Animal Possession Permit and
that added regulations are needed for future compliance, then SBARC may issue a Regulated
Animal Possession Permit to the person, with or without conditions, authorizing the person to
possess or harbor one or more animals subject to the requirements of this Chapter.
b) SBARC must provide written notice to the affected person with sufficient information about
the Regulated Animal Possession Permit requirements and a copy of the permit.
c) SBARC may impose conditions as added regulations to the Regulated Animal Possession
Permit reasonably related to the violation history,which may include,but are not limited to:
1. Requiring an owner to complete a course of animal obedience training approved
by SBARC;
2. Keeping the animal indoors or secure on premises;
3. Providing suitable shelter and protection from the elements that shall provide
adequate exercise room, light, ventilation, and sanitation;
4. Limiting the number of animal licenses;
5. Requiring periodic inspections of the location where the animal resides to ensure
it meets Inspection Standards;
6. Any other measures deemed appropriate based on the totality of the circumstances
of the animals licensed.
d)If the person issued the Regulated Animal Possession Permit disputes the permit or the added
regulations, then the person may file an appeal within ten (10) days of the date of issuance by
following the process in Sec. 5-78 of this Chapter. Pursuant to Sec. 5-78 of this Chapter, upon
timely request, the AWC shall conduct a hearing and may affirm, modify,or reverse SBARC's
determination for the issued Regulated Animal Possession Permit.
e). If SBARC has determined that there are reasonable grounds that animal welfare is at risk,
or an animal presents a danger to the public health or safety while in the custody of the person
awaiting the appeal, SBARC may take appropriate steps to impound or seize said animal.
Sec. 5-134. Animal Welfare Commission determination of Regulated Animal Possession
Permit.
a)If SBARC determines that a person's citation poses so great a risk to animal, human, and/or
public health, safety, and welfare that added regulations are necessary before the accumulation of
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three citations, then SBARC may request a hearing before the Animal Welfare Commission for a
review and determination whether an Regulated Animal Possession Permit should be issued or
denied. If a Regulated Animal Possession Permit is denied based upon a failure to qualify for the
permit,possession of an animal constitutes a violation of this Chapter.
b) If SBARC has determined that there are reasonable grounds that animal welfare is at risk, or
an animal presents a danger to the public health or safety while in the custody of the person
awaiting the AWC's determination, SBARC may take appropriate steps to impound or seize said
animal.
c) If AWC approves the issuance of an Regulated Animal Possession Permit, then AWC may
impose conditions as added regulations to the Regulated Animal Possession Permit reasonably
related to the violation history as set forth in Section 5-133(c).
Sec. 5-135. Regulated Animal Possession Permit post-issuance review.
a) Regulated Animal Possession Permits shall be valid commencing with the date of issuance,
are not transferrable, and subject to annual review.
b) Upon review, SBARC may:
1. re-inspect the premises;
2. examine all animals in the person's possession; and
3. review all relevant records regarding a person's prior citations, history of compliance,
corrective actions undertaken, and any other information reasonably related to future compliance
with this Chapter
to determine whether the permit should be continued, modified, or denied. SBARC may require
additional information or documentation from the applicant to decide the permit continuation.
c). Following permit review, if it is determined the permit is denied due to the person no
longer qualifying for a Regulated Animal Possession Permit,review of the decision shall follow
the provisions in Sec. 5-78 of this Chapter.
d). Following permit review, if it is determined the permit is continued, the person may
continue to hold a Regulated Animal Possession Permit, with or without conditions, authorizing
the person to possess or harbor one or more animals subject to the requirements of this Chapter.
e) SBARC may impose conditions as added regulations to the reissuance of an
Regulated Animal Possession Permit reasonably related to the violation history and current
conditions,as set forth in Section 5-133(c).
f) SBARC may rescind the requirement for Regulated Animal Possession Permit upon a
showing of verified changed circumstances or demonstrated compliance.
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Sec. 5-136. Reconsideration of determination.
a) An owner may submit one (1)request for reconsideration per year to SBARC to have a
denial or issuance of a Regulated Animal Possession Permit with added regulations be
reconsidered, no earlier than three hundred and sixty-five(365)days following the
expiration of a full year from the date of the determination or a prior request, subject to
the following:
1. The request must be in writing.
2. The request must be filed with SBARC and will only be reconsidered if there
have been no valid complaints within the last three hundred and sixty-five (365)
days at the address of the owner, against the owner, and/or against the animal.
5. The request shall include detailed information about how the change in
circumstances or measures implemented, such as obedience and/or behavior
modification training of the animal, have mitigated the risk to animal welfare
and/or public safety as related to the determination.
b) SBARC has the authority to review documentation both for and against removal of
the determination.
c) SBARC may make a decision to remove,modify, or retain such determination based on
the preponderance of the evidence.
d) Said provisions notwithstanding, in the event of an appeal with an outcome favorable to
the owner,the owner may file for reconsideration under this Section prior to
the expiration of three hundred sixty-five(365) days. A reconsideration under this
provision shall be filed within fourteen(14)days of the favorable appeal outcome.
e) Upon the discovery or receipt of new information or evidence SBARC may by its own
petition initiate a reconsideration at any time.
f) If a person receiving an unfavorable outcome on reconsideration on a Regulated Animal
Possession Permit disputes the outcome,then the person may file an appeal within ten
10)days of the date of issuance by following the process in Sec. 5-78 of this Chapter.
Pursuant to Sec. 5-78 of this Chapter, upon timely request, the AWC shall conduct a
hearing and may affirm, modify, or reverse SBARC's determination for the issued
Regulated Animal Possession Permit.
Sec. 5-137. Enforcement.
a)Possession of animals without a Regulated Animal Possession Permit, if required under this
Division, constitutes a violation of this Chapter.
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b) Non-compliance with the Regulated Animal Possession Permit or the conditions imposed as
added regulations constitutes a violation of this Chapter.
c)Following the provisions of Sec. 5-78 of this Chapter, SBARC may deny an Regulated
Animal Possession Permit for failure to comply with the Regulated Animal Possession Permit or
the conditions imposed as added regulations.
d) In addition to any remedies authorized in this Chapter. the City may seek injunctive relief
and/or impoundment pursuant to Indiana law.
DIVISION 3. HEARING PROCEDURES
Sec. 5-138.—Animal Welfare Commission Hearings
a) This section establishes the hearing procedures when the Animal Welfare Commission
receives a request for a hearing from SBARC.Upon receipt of the request for hearing,a hearing
may be scheduled, in coordination with the Hearing Officer and/or Animal Welfare
Commission (collectively referred to as the "Hearing Authority" for the purposes of this
section). The hearing shall be scheduled within a reasonable timeframe.
b) When the hearing date is scheduled, SBARC shall receive a copy of the Hearing Authority's
issued notice to the owner.
c) Notice of the hearing must be served to the owner, and must contain the following:
1)Hearing date, time, and location;
2)A statement referencing the hearing process under this section;
3)A statement concerning the basis for the hearing, including the applicable ordinance
violation(s) and what decisions may result from the hearing; and
4)A statement describing the consequence for failure to appear for the hearing.
d) Manner of Serving Notice.
1) Initial notice of hearing must be served upon the owner of the animal by any of the
following methods:
1) Mailing the notice by certified mail to the residence or place of business or
employment, with return receipt requested;
2) Personal service;
3) Posting at the residence of the owner followed by sending notice by First Class mail;
4) Publication; or
5) Any manner of service allowable by Indiana Trial Rules.
2) The notice must be served at least ten(10) days before the hearing date. In computing the
days for service,the day of service shall not be included.
3) Subsequent communication by the City, including any decisions by the Animal Welfare
Commission, may be served by first-class mail.
e) Owner Request for Continuance.
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1) A request for a continuance of the scheduled hearing date and time shall be made in
writing no later than forty-eight(48)hours in advance, and provide the following:
i. The reason for the continuance, and
ii. An approximate date or timeframe which is requested for the rescheduled hearing,
which shall be no later than 10 business days from the original hearing.
2) A continuance may be granted prior to the hearing at the discretion of the Hearing Officer
or Animal Welfare Commission's Counsel. The safety of the public, the safety of any
affected animals, and the burden on SBARC of any delay shall be given consideration
when evaluating the request for a continuance.
3) A continuance request made less than forty-eight (48) hours in advance, or made at the
hearing, may be granted at the discretion of the Commissioners upon holding a vote.
4) If any animals are impounded pending hearing, then the owner may be responsible for the
additional costs of boarding and care due to the continuance.
f) Hearings.
1) The Hearing Authority is permitted to hold a hearing presided by:
i). Hearing Officer or
ii). Legal representative assisting the Commissioners in making findings,approving an
order, and preparing a final order.
2) Hearings shall be held on a business day and conducted by the Hearing Authority in an
orderly and structured manner,similar to proceedings under the Indiana Rules of Court for
Small Claims.The owner may appear at the hearing and may be represented by an attorney.
SBARC and the owner shall have the opportunity to present their case and hear the
argument against them.
3) The Commissioners shall consider the evidence introduced at the hearing and decide
whether the evidence supports the determination. The Animal Welfare Commissioners are
permitted to ask questions, deliberate, and make final determinations. Decisions on the
findings, as well as on the specific restrictions or other terms of the final order, are
determined by a majority vote.
4) An order shall be issued following any determination. If the owner fails to appear at the
hearing, the Hearing Authority may find the owner in default and may issue an order with
applicable prohibitions, restrictions, and/or limitations.
g) Hearing Determinations and Order
1) The Hearing Authority shall consider the evidence presented and make a determination
based upon the preponderance of the evidence.
2) Following the hearing, the Animal Welfare Commission shall submit a written
determination to the Respondent.
3) The written determination shall include findings of fact, determination of legal status, and
include any orders,restrictions, or requirements.
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4) When an order is issued following a hearing that requires the owner to surrender animal(s)
that are not presently in the custody of SBARC, such animal(s) must be surrendered to
SBARC within twenty-four(24)hours of receipt of the written determination.
5) All animals that are impounded shall be held at SBARC or its authorized agent
continuously during the ten (10) day appeal period following the determination. During
that ten (10) day period, the owner will be responsible for all boarding costs and fees
associated during that period and not covered by any bond posted pursuant to an appeal.
6) If the owner files an appeal of the written determination,the animal will be held at SBARC
or its authorized agent during the appeal process. The owner shall be responsible for all
boarding costs and fees associated during the appeal process.
7) The written determination may be served on the owner by first class mail or any method
described in Subsection(d)(1)of this Section.
8) Any written determination that orders the impoundment and/or surrender of an animal may
include a statement giving notice to the owner that a cash bond to cover the boarding fees
and cost of care may be requested upon the filing of a petition for judicial review.
Sec. 5-139.-Appeal of the hearing determination.
a) Hearing determinations may be appealed by filing a request for judicial review with a court of
competent jurisdiction within St. Joseph County, as may be applicable under I.0 4-21.5-5.
b) The request for judicial review under this section must be filed by a verified petition. The
verified petition must include a copy of the written determination and adhere to the Indiana
Rules of Trial Procedure. The petition must be filed within ten(10)calendar days of service of
the written determination on the owner.
c) In computing the time frame to file the verified petition under this section, the day the written
determination is served shall not be included. The last day of the ten (10) day period is to be
included unless it is a Saturday, a Sunday, or a day the court is closed and in those situations
the period runs until the end of the next day that is not a Saturday, a Sunday or a day on which
the court is closed.
d) The City may petition the court for a bond as necessary, pursuant to IC 34-49 or other
applicable law, from owner to cover the costs of care of the animal while it is in the custody
of SBARC during the appeal process.
e) If the animal is returned to the owner after final adjudication the bond will be processed in
accordance with the court's decision.
ARTICLE 11.—ADMINISTRATION
DIVISION 1. ANIMAL RESOURCE CENTER("SBARC")
Sec. 5-140. - Duties of SBARC.
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SBARC shall have those duties and responsibilities set forth by this Chapter together with those
set forth in policies and procedures duly adopted by the City. SBARC enforces all City ordinances
and Indiana state laws regarding animal care and control.
DIVISION 2. ANIMAL WELFARE COMMISSION
Sec. 5-141.-Animal Welfare Commission.
a) The Animal Welfare Commission shall consist of five members who shall each be appointed
to serve a three-year term,with terms to be staggered such that no more than two(2)members
finish their term in a given year. No limit shall be set on the 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.
c)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 or a registered veterinary technician. In the event of a vacancy in the seat held by
the veterinary professional member, the Animal Welfare Commission may continue to meet
and conduct business.
d) Selections shall not be based on political affiliations, but on the member's interest in and
knowledge of animal welfare and enforcement.
e) 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.
f) 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. 5-142. - 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 Chair, Vice-
Chair, and Secretary from its membership.
b) The Animal Welfare Commission meets as follows:
1) At a reasonable cadence as agreed upon between the Animal Welfare Commission and the
City,
2) Upon special call by the Chair upon the written request to the Chair by any three (3)
members, and
3) Upon written request to the Chair by the Department of Community Investment and/or
SBARC.
c) Three (3) members of the Animal Welfare Commission shall constitute a quorum to conduct
business. Official action may be taken by a majority vote of those in attendance.
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Sec. 5-143. -Duties and responsibilities of the Animal Welfare Commission.
a) The Animal Welfare Commission shall have the following duties and responsibilities:
1) To recommend proposed policies, principles, standards and regulations for the control
and humane treatment of all animals regulated by this Chapter;
2) 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;
3) To review and determine appeals on denials, suspensions and revocations of licenses
and permits in Article 7 of this Chapter;
4) Hold hearings to review evidence of non-compliance with this Chapter as brought
forward by SBARC, and make hearing determinations, and receive recommendations
from SBARC concerning applicable orders.
5) Commissioners shall make recommendations and determinations in a lair and impartial
manner based on facts and evidence presented.
b) The Animal Welfare Commission may adopt rules and procedures to govern all hearings it
must conduct under Chapter 5. If there are any rules or procedures that are not covered by this
Chapter or adopted by the Animal Welfare Commission, the Commission will follow the
Indiana Administrative Procedure Act, Title 4, Articles 21.5 and 22 of the Indiana Code.
Secs. 5-144-5-145. - Reserved.
DIVISION 3— SBARC OPERATIONS
Sec. 5-146.-Management of the animals.
a) SBARC shall have those duties and responsibilities set forth by this Chapter together with
those set forth in policies and procedures duly adopted by the City. Any owner who surrenders
an animal to SBARC immediately relinquishes all ownership or legal rights to the animal and
the animal becomes property of SBARC. SBARC 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.
b) Any animal in the custody of SBARC may be transported or housed at a remote facility,under
the direction of SBARC, irrespective of the agency that seized the animal:
1) Animals may be transported to a licensed veterinarian for examination and/or
treatment. If in the opinion of said veterinarian, the animal must be euthanized,
euthanasia will be performed immediately. Costs of treatment, euthanasia, and/or care
shall be the responsibility of the owner.
2) When a community cat is captured, SBARC may impound the cat or may return it to its
harborer or community cat caretaker if, in the opinion of SBARC, 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.
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Sec. 5-147.—Reclaim of Animal in SBARC Custody.
a) SBARC reserves the right to refuse reclamation if the animal is being held by the City
pending further investigation and/or enforcement if such refusal is in the best interests of the
health and/or safety of the animal or the public.
b) A person may reclaim or redeem an animal in the custody of SBARC upon meeting all of the
following requirements:
1) The person must submit valid proof of ownership to SBARC.
2) The person must pay all redemption fees and any other service, boarding, or medical fees,
and pay all other outstanding penalties due for ordinance violations under this Chapter.
3) Any dog or cat, prior to its release by SBARC, shall be implanted with a microchip and
registered for purposes of identification and reclaiming. The cost for this process shall be
at the owner's expense before the animal's release.
4) All animals shall be registered/licensed with the City prior to release.
5) The owner must demonstrate the ability to provide minimum care and, when applicable,
show a treatment plan is in place.
c) The owner will automatically relinquish ownership rights in the animal to SBARC if the owner
fails to complete all the conditions for reclaiming their animal by the following established
timeframes:
1) Stray animal with a form of identification(such as a microchip, rabies tag, pet tag with
owner information): 7 calendar days
2) Stray animal with no form of identification: 3 calendar days
3) Animal completing bite quarantine: 1 calendar day following the end of the quarantine
period
4) Safe harbor for reasons of tragedy beyond the control of the owner(such as house fire or
death of owner): 7 calendar days
5) Owner arrest: 7 calendar days
d) If the reclaim timeframe does not end on a business day,the last day to reclaim the animal is
the next business day SBARC is open.
e) SBARC may require an animal that has previously been impounded as a stray or running at-
large to be altered by a licensed veterinarian at the owner's expense upon a second or
subsequent redemption.
1) If the alteration appointment is made by the owner, the appointment must be scheduled .
within thirty (30) days of reclaim and evidence of the scheduled appointment shall be
provided to SBARC.
2) If SBARC has a reasonable belief that the owner will not comply with this requirement,
SBARC may transport the animal directly to the veterinarian of the owner's choice for
completion of the procedure, and the owner may pick up the animal from the veterinarian
following the procedure.
3) Failure to comply with the requirements of subsection (e)(1) constitutes a violation of this
Chapter.
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f) Upon failure to reclaim the animal within the timeframe, the animal becomes the property of
SBARC.
g) In addition to the relinquishment of ownership rights set forth herein,the registered owner of
a microchipped animal may be subject to a fine for failure to reclaim the animal in an amount
not to exceed$750 per animal.
Sec. 5-148. -Animal euthanasia.
a) Animals in the custody of SBARC may be euthanized only when necessary and consistent with
SBARC policies and the requirements of this Article.
b) No person other than the following may euthanize any domestic animal within the City:
1) Authorized agent of SBARC,
2) A licensed veterinarian,
3) A veterinary staff member under the direct supervision of a veterinarian, or
4) Other animal shelters and/or public animal facilities which euthanize animals in the
City.
c) Individuals authorized to perform euthanasia must be trained in humane procedures by a
licensed veterinarian or a registered veterinary technician prior to being authorized to conduct
animal euthanasia and shall perform the animal euthanasia in a humane manner as specified
by the American Veterinary Medical Association's Guidelines for Euthanasia of Animals
and/or The Humane Society of the United States's Euthanasia Reference Manual.
Sec. 5-149.— SBARC fees and penalties.
a) In addition to any other fees required to be paid under federal and state law, SBARC has the
following fee schedule:
Puppy(6 months and under) 200
Cat(older than 6 months) 75
Kitten (6 months and under) 100
Small Mammal 50
Bird 75
Reptile 75
Invertebrate 50
Amphibians 50
Fish 25
Surrender 50
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Altered Animal— 1 year rabies 20
Altered Animal—3 year rabies 40
Unaltered Animal— 1 year rabies 50
Unaltered Animal—3 year rabies 100
Rental Horse 20
Urban Chicken Permit 20
Honey Beekeeping Permit 20
Pigeon Permit 20
Pet Shop Permit(selling altered 250
dogs/cats and/or other animals )
Pet Shop Permit(selling unaltered
cats and/or dogs, including any S1,000
additional animals)
Groomers Permit 100
Minor Breeders Permit 50
Breeders Permit 500
Kennel/Cattery Permit(per 25
150
animals)
Rental Horse Permit 100
Zoological Park Permit 0
Attraction Animal Permit 500
Reinspection Fee 50
First redemption 25
Second redemption 50
Third redemption 100
Fourth redemption(and subsequent) $
200
b) SBARC service charges or user or permit fees may include reasonable costs incurred for the care
of the animals and operations. Such costs will be accurately assessed by SBARC according to a
schedule of costs it maintains.
c) Violation of any provision of this Chapter may be subject to penalties in an amount not less than
those set out below.
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4th+
Citation 1st 2nd 3rd subsequent Section
Failure to Provide Minimum Care 250 $500 $1,500 $2,500 Sec. 5-08
Grooming Offense 100 $200 $300 $500 Sec. 5-09
Medical Offense 250 $500 $1,000 $1,500 Sec. 5-09
Inappropriate Training Methods 250 $500 $1,000 $2,000 Sec. 5-10
Improper Restraint 75 $150 $250 $500 Sec. 5-11
Improper Fastening/Tethering 75 $300 $1,000 $2,500 Sec. 5-12
Improper Muzzling 75 $250 $750 $1,500 Sec. 5-13
Failure to Contain Animal on Property 75 $150 $300 $500 Sec. 5-14
Failure to Identify 50 $75 $100 $250 Sec. 5-21
Removal of Excrement 50 $100 $250 $500 Sec. 5-22
Failure to Vaccinate Against Rabies 150 Sec. 5-23
Underage Sale or Transfer of Kittens/Puppies 250 $500 $1,000 $1,500 Sec. 5-24
Failure to Contain Animal in Heat 75 $250 $500 $1,500 Sec. 5-25
Community Cat Caretaker Violation 75 $250 $500 $1,500 Sec. 5-27
Sec. 5-28 ; Sec.
Improper Trapping 250 $500 $1,000 $1,500 5-105
Dog Park Violation 50 $100 $250 $500 Sec. 5-29
Sec. 5-29(o)
Nuisance Dog Park Citation 75 $300 $1,000 $2,500
Acreage Violation 250 $500 $750 $1,000 Sec. 5-36
Failure to Provide Adequate Housing/Stable
Requirements-Horses 250 $500 $1,500 $2,500 Sec. 5-44
Rental Horse Regulation Violation 250 $750 $1,500 $2,500 Sec. 5-45
Above the Unaltered Animal Limit 250 $500 $1,000 $1,500 Sec. 5-60
Failure to License 150 Sec. 5-60
Kennel/Cattery Permit Violation 500 $1,000 $1,500 $2,500 Sec. 5-63
Grooming Shop Permit Violation 500 $1,000 $1,500 $2,500 Sec. 5-65
Pet Shop Permit Violation 500 $1,000 $1,500 $2,500 Sec. 5-66
Rental Horse Permit Violation 500 $1,000 $1,500 $2,500 Sec. 5-67
Minor Breeder Permit Violation 250 $500 $750 $1,500 Sec. 5-68
Breeder Permit Violation 500 $1,000 $1,500 $2,500 Sec. 5-69
Chicken Permit Violation 50 $150 $250 $500 Sec. 5-70
Honey Bee Permit Violation 100 $250 $750 $1,500 Sec. 5-71
Pigeon Permit Violation 50 $150 $250 $500 Sec. 5-72
Animal Event Permit Violation 500 $1,000 $1,500 $2,500 Sec. 5-73
Zoological Park Permit Violation 500 $1,000 $1,500 $2,500 Sec. 5-75
Animal Attraction Permit Violation 500 $1,000 $1,500 $2,500 Sec. 5-76
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Animal Rescue Organization/Animal Welfare
Organization Violation 500 $1,000 $1,500 $2,500 Sec. 5-77
Failure to Notify-Vehicular Collision 50 $100 $250 $500 Sec. 5-81
Failure to Notify-Lost/Stray Animals 50 $100 $250 $500 Sec. 5-82
Bite Class I or II 100 $250 $500 $750 Sec. 5-83
Bite Class III or IV 500 $750 $1,000 $1,500 Sec. 5-83
Bite Class V 2,500 Sec. 5-83
Violation of Bite Quarantine Procedure 250 $750 $1,000 $1,500 Sec. 5-83
Failure to Notify-Veterinary Professional 50 $100 $250 $500 Sec. 5-84
Offensive Use of Animal 250 $750 $1,500 $2,500 Sec. 5-91
Improper Disposal of Dead Animals 100 $250 $500 $750 Sec. 5-92
Antagonization of Animals 75 $250 $500 $1,500 Sec. 5-93
Animals as Prizes 75 $150 $250 $500 Sec. 5-94
Poisonous Bait 500 $1,500 $2,500 $2,500 Sec. 5-95
Dying, Staining,or Tattooing 100 $200 $300 $500 Sec. 5-96
Animal Fighting 1,000 $2,500 $2,500 $2,500 Sec. 5-98
Inappropriate Animal Collection 250 $750 $1,500 $2,500 Sec. 5-99
Enticement of Animals 75 $250 $500 $750 Sec. 5-100
Abandonment 500 $1,500 $2,500 $2,500 Sec. 5-101
Animal Mistreatment 1,000 $2,000 $2,500 $2,500 Sec. 5-101
Running at Large 75 $300 $1,000 $2,500 Sec. 5-102
Confinement in Motor Vehicle 500 $1,500 $2,500 $2,500 Sec. 5-103
Exotic Animals/Native Wildlife 500 $1,000 $1,500 $2,500 Sec. 5-104
Sec. 5-107;
Barking/Public Nuisance 50 $150 $300 $500 Sec. 5-122
Interference with SBARC Staff 100 $250 $500 $1,500 Sec. 5-121
Violation of AWC Determination 500 $1,000 $1,500 $2,500 Sec. 5-125
Regulated Animal Possession Permit Violation $500 $1,000 $1,500 $2,500 Sec. 5-137
Failure to Comply w/Mandatory Spay/Neuter $250 $500 $750 $1,000 Sec. 5-147
Failure to Reclaim 150 $250 $500 $750 Sec. 5-147
Prohibited Euthanasia of Animals 2,500 Sec. 5-148
d) SBARC has authority to waive or reduce fees based on responsible animal ownership,operational
needs, and/or administrative considerations.
Sec. 5-150.-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 SBARC's revenue fund.
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b) All money received by SBARC through donations, gifts, bequests or devises shall be payable
to SBARC and deposited into Fund 217.
c) Any person or organization desiring to assist SBARC by raising funds on its behalf shall not
act until they have received written approval of their fundraising proposal from SBARC.
d) All money generated, received or collected in response to SBARC's special fundraising
projects shall be payable to SBARC and shall be deposited into the appropriate City Fund and
used in a manner consistent with the announced purpose of any special fundraising event or
project.
Secs. 5-151-5-157. - Reserved.
SECTION III. This Ordinance shall take effect thirty(30)days after adoption by the Common
Council and approval by the Mayor and any publication required by law.
Canneth Lee,Council President
South Bend Common Council
Attest:
Bianca Tirado City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana, on the day of 2026, at
o'clock .m.
Bianca Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at_o'clock
m.
James Mueller, Mayor
City of South Bend
63
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
July 7, 2026
President Canneth Lee
South Bend Common Council
3rd Floor -South Bend City Hall
South Bend, IN 46601
----•----
Re: Ordinance Updates -Vehicle Regulations
Dear President Lee: Filed in Clerk's Office Jul 7, 2026 Bianca Tirado City Clerk. 'outh 11cnd, rN
Attached for consideration by the South Bend Common Council ("Council") are updates to the
existing South Bend Municipal Code including Chapter 20, Article 3 -Abandoned Vehicles,
Chapter 20, Article 11 -Parking of Trucks Having More than Eleven Thousand Pounds' Gross
Vehicle Weight, Section 16-53 -Conditions constituting public nuisances, and Section 20-84-
Parking on sidewalk, alley or parkway.
The proposed ordinances focus on updating South Bend's regulations around vehicles to
improve clarity, align with Indiana law, address gaps in parking enforcement, and strengthen the
City's ability to protect quality of life.
I request that the proposed amendments be included on the full Council agenda for first reading
and assignment to the Residential Neighborhoods Standing Committee on July 13, 2026.
Thank you for your consideration.
Sincerely,
Liz Maradik
Chief Neighborhoods Officer 215 . Dr. Martin Luther King, Jr. Blvd., Ste 500, South Bend, Indiana 46601 (574) 233-0311 southbendin.gov 4-26
Filed in Clerk's Office
Jul 7, 2026
BILL NO. 40-26
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 16-53 OF THE SOUTH BEND MUNICIPAL CODE
REGARDING CONDITIONS CONSTITUTING PUBLIC NUISANCES
STATEMENT OF PURPOSE AND INTENT
The Common Council finds that the preservation of public health, safety, welfare, and
neighborhood quality requires clear standards governing the maintenance and use of real and
personal property within the City. The Council further finds that the accumulation, storage, and
placement of materials, furniture, personal property, and vehicles in a manner that creates health
hazards, safety risks, visual blight, or attractive nuisances can adversely affect surrounding
properties and the community as a whole.
The purpose of this ordinance is to clarify and strengthen the City's nuisance regulations
by: (1) Confirming that nuisance conditions may exist regardless of whether materials are
deposited directly upon property or stored in containers, trailers, vehicles,or other receptacles not
authorized for refuse collection purposes;(2)Providing enforcement tools to address vehicles that,
while not meeting the statutory definition of abandoned vehicles,nevertheless create public health,
safety, sanitation,or aesthetic concerns through neglect, dismantling, prolonged storage,property
damage, or other nuisance conditions; and (3) Promoting safe, clean, attractive, and livable
neighborhoods while protecting property owners'rights through objective nuisance standards.
It is the intent of the Common Council that these provisions be liberally construed to protect
the public health, safety, welfare, and aesthetic well-being of the community and to provide
effective remedies for nuisance conditions that adversely affect the use and enjoyment of
surrounding properties.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, as follows:
SECTION I. Chapter 16,Article 8, Section 16-53 of the South Bend Municipal Code shall
be amended as follows:
Sec. 16-53. Conditions constituting public nuisances.
a) In addition to what is declared in this article and Code to be a public nuisance, those
offenses which are known to the common law and the Statutes of Indiana as public
nuisances may,when found to exist within the City limits, be treated as such and be
Created: 2025-07-08 09:33:22 [EST]
Supp.No.62)
Page 1 of 4
proceeded against as provided in this article and Code, or in accordance with any other
provisions of law. Wherever the word"nuisance" is used in this article it refers to a public
nuisance.
b) No owner,occupant, tenant, or any other person having a substantial interest in any real or
personal property within the City, or any agent thereof, shall permit or allow to remain on or
within such property or upon public ways abutting such real property any materials, trash,
garbage, debris or any other matter which is detrimental to public health, comfort, safety or
to the aesthetic well-being of the community. Such prohibition shall apply regardless of
whether the matter described in this subsection or in any portion of subsection(c)below is
deposited upon the property or is stored in an unapproved portable container outside of
refuse collection under the Municipal Code, such as a bin, vehicle, trailer, or any other
container.
c) The following conditions shall be considered to constitute public nuisances for the purpose
of this chapter:
1) Litter.
2) Fallen trees stumps, dead trees, cut brush, fallen or cut limbs.
3) Boxes, appliances, household items and tires.
4) Demolition remains.
5) Open excavations, uncovered or improperly covered holes,whether lined or unlined,
and dirt piles on any open or unfenced real property within the City.
6) Accumulated garbage and trash.
7) Automobile parts, disassembled automobiles,automobiles without engines,plumbing
and piping materials and parts, scrap metal, unseaworthy or dilapidated boats,
dilapidated, deteriorated, or nonoperable jet skis, snowmobile,motorcycles, bicycles,
trailers or mopeds.
8) Structures defaced with paint or wording.
9) Any portion of real property or any personal property which emits an unwholesome
odor.
10) Any wastewater,filth,offal, garbage,rubbish, animal waste, human excrement, which
is deposited, allowed or caused to be upon any public or private property.
11) Any water or any other substance which is caused or permitted to flow onto or be
deposited upon any public property or public way, except natural surface water
drainage.
12) Any dead animal or animal parts.
13) The erection of a dam or any other obstruction by a private party which prevents the
natural flow of water and causes it to collect in pool upon any public property.
14) Any real or personal property which is infected with contagious disease or is likely to
cause an immediate health hazard.
Created: 202S-07-00 09:33:22 [EST]
Supp. No.62)
Page 2 of 4
15) The placing or accumulating on or within any real or personal property or the
permitting of same, of any matter which attracts or may attract rodents, insects,
domestic or wild animals in such a manner as to create a health hazard or unsanitary or
dangerous condition.
16) Any real or personal property, used as a place of residence or habitation or for
sleeping, including structures or vehicles, that is maintained in such a way as to be
dangerous or detrimental to life or health due to lack of or defects in water, drainage,
heat,electricity,plumbing,ventilation or garbage and trash removal.
17) The storage of any explosive, combustible or other material which creates a safety or
health hazard.
18) Trees, shrubbery, weeds, snow or other matter obstructing public ways, or causing
visual barriers which create vehicular traffic or pedestrian safety hazards.
19) Trash or garbage containers left upon the sidewalk,the area between a street and
sidewalk or the front or side yard, except as permitted by this Code for trash and
garbage collection purposes.
20) Building materials stored on any lot in violation of Section 16-60, below.
21) Any furniture, not originally designed or manufactured solely for outdoor use; or any
furniture which was originally designed or manufactured for outdoor use,which is now
dilapidated or deteriorated.
22) A vehicle of any type which does not meet the definition of Abandoned Vehicle in
Section 20-28 but is wrecked, partially or wholly dismantled,neglected, used primarily
for waste storage,or otherwise used in a manner inconsistent with its intended use such
that it becomes an attractive nuisance creating a hazard to public health and safety
and/or poses a public nuisance.
23) A vehicle of any type which does not meet the definition of Abandoned Vehicle in
Section 20-28 or the provisions of subsection (22) herein which:
i). Is parked in violation of Section 21.07.03(e)(4)of the Municipal Code;
ii) Is parked in a manner which damages property;
iii) Becomes an attractive nuisance creating a hazard to public health and safety; or
iv) Poses a public nuisance based upon a combination of the following factors:
parked primarily for storage, number of vehicles, period of time, and/or lacking current
registration.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Created: 2025-07-08 09:33:22 [E5T]
Supp.No.62)
Page 3 of 4
Canneth J. Lee,Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026, at o'clock
m.
James Mueller, Mayor
City of South Bend,Indiana
Created: 2025-07-08 09:33:22 [EST]
Supp. No.62)
Page 4of4
Filed in Clerk's Office
Jul 7, 2026
BILL NO Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 16-53 OF THE SOUTH BEND MUNICIPAL CODE
REGARDING CONDITIONS CONSTITUTING PUBLIC NUISANCES
STATEMENT OF PURPOSE AND INTENT
The Common Council finds that the preservation of public health, safety, welfare, and
neighborhood quality requires clear standards governing the maintenance and use of real and
personal property within the City. The Council further finds that the accumulation, storage, and
placement of materials, furniture, personal property, and vehicles in a manner that creates health
hazards, safety risks, visual blight, or attractive nuisances can adversely affect surrounding
properties and the community as a whole.
The purpose of this ordinance is to clarify and strengthen the City's nuisance regulations
by: (1) Confirming that nuisance conditions may exist regardless of whether materials are
deposited directly upon property or stored in containers,trailers,vehicles,or other receptacles not
authorized for refuse collection purposes;(2)Providing enforcement tools to address vehicles that,
while not meeting the statutory definition of abandoned vehicles,nevertheless create public health,
safety, sanitation,or aesthetic concerns through neglect, dismantling,prolonged storage, property
damage, or other nuisance conditions; and (3) Promoting safe, clean, attractive, and livable
neighborhoods while protecting property owners'rights through objective nuisance standards.
It is the intent of the Common Council that these provisions be liberally construed to protect
the public health, safety, welfare, and aesthetic well-being of the community and to provide
effective remedies for nuisance conditions that adversely affect the use and enjoyment of
surrounding properties.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, as follows:
SECTION I. Chapter 16,Article 8, Section 16-53 of the South Bend Municipal Code shall
be amended as follows:
Sec. 16-53.Conditions constituting public nuisances.
a) In addition to what is declared in this article and Code to be a public nuisance, those
offenses which are known to the common law and the Statutes of Indiana as public
nuisances may, when found to exist within the City limits,be treated as such and be
proceeded against as provided in this article and Code, or in accordance with any other
Created: 2025-07-08 09:33:22 [EST]
Supp.No.62)
Page 1 of 4
provisions of law. 'Wherever the word "nuisance" is used in this article it refers to a public
nuisance.
b) No owner, occupant, tenant, or any other person having a substantial interest in any real or
personal property within the City, or any agent thereof, shall permit or allow to remain on or
within such property or upon public ways abutting such real property any materials, trash,
garbage, debris or any other matter which is detrimental to public health, comfort, safety or
to the aesthetic well-being of the community. Such prohibition shall apply regardless of
whether the matter described in this subsection or in any portion of subsection(c) below is
deposited upon the property or is stored in an unapproved portable container outside of
refuse collection under the Municipal Code, such as a bin,vehicle, trailer, or any other
container.
c) The following conditions shall be considered to constitute public nuisances for the purpose
of this chapter:
1) Litter.
2) Fallen trees stumps, dead trees, cut brush, fallen or cut limbs.
3) Boxes, appliances,household items and tires.
4) Demolition remains.
5) Open excavations,uncovered or improperly covered holes,whether lined or unlined,
and dirt piles on any open or unfenced real property within the City.
6) Accumulated garbage and trash.
7) Automobile parts, disassembled automobiles, automobiles without engines,plumbing
and piping materials and parts, scrap metal,unseaworthy or dilapidated boats,
dilapidated, deteriorated, or nonoperable jet skis, snowmobile, motorcycles, bicycles,
trailers or mopeds.
8) Structures defaced with paint or wording.
9) Any portion of real property or any personal property which emits an unwholesome
odor.
10) Any waste-water, filth, offal, garbage, rubbish, animal waste, human excrement, which
is deposited, allowed or caused to be upon any public or private property.
11) Any water or any other substance which is caused or permitted to flow onto or be
deposited upon any public property or public way,except natural surface water
drainage.
12) Any dead animal or animal parts.
13) The erection of a dam or any other obstruction by a private party which prevents the
natural flow of water and causes it to collect in pool upon any public property.
14) Any real or personal property which is infected with contagious disease or is likely to
cause an immediate health hazard.
Created: 2025-07-08 09:33:22 [EST]
Supp.No.62)
Page 2 of 4
15) The placing or accumulating on or within any real or personal property or the
permitting of same, of any matter which attracts or may attract rodents, insects,
domestic or wild animals in such a manner as to create a health hazard or unsanitary or
dangerous condition.
16) Any real or personal property, used as a place of residence or habitation or for
sleeping, including structures or vehicles,that is maintained in such a way as to be
dangerous or detrimental to life or health due to lack of or defects in water,drainage,
heat, electricity,plumbing,ventilation or garbage and trash removal.
17) The storage of any explosive, combustible or other material which creates a safety or
health hazard.
18) Trees, shrubbery,weeds, snow or other matter obstructing public ways, or causing
visual barriers which create vehicular traffic or pedestrian safety hazards.
19) Trash or garbage containers left upon the sidewalk, the area between a street and
sidewalk or the front or side yard,except as permitted by this Code for trash and
garbage collection purposes.
20) Building materials stored on any lot in violation of Section 16-60, below.
21) Any furniture, not originally designed or manufactured solely for outdoor use; or any
furniture which was originally designed or manufactured for outdoor use,which is now
dilapidated or deteriorated.
22) A vehicle of any type which does not meet the definition of Abandoned Vehicle in
Section 20-28 but is wrecked,partially or wholly dismantled, neglected, used primarily
for waste storage, or otherwise used in a manner inconsistent with its intended use such
that it becomes an attractive nuisance creating a hazard to public health and safety
and/or poses a public nuisance.
23) A vehicle of any type which does not meet the definition of Abandoned Vehicle in
Section 20-28 or the provisions of subsection (22) herein which:
i). Is parked in violation of Section 21.07.03(e)(4) of the Municipal Code;
ii) Is parked in a manner which damages property;
iii) Becomes an attractive nuisance creating a hazard to public health and safety; or
iv) Poses a public nuisance based upon a combination of the following factors:
parked primarily for storage, number of vehicles, period of time, and/or lacking current
registration.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Canneth Lee,President, Common Council
Created: 2025-07-08 09:33:22 [EST]
Supp.No.62)
Page 3 of 4
Attest:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana,on the
day of 2026, at o'clock_ . m.
Bianca Tirado, City Clerk
Approved and signed by me on the day of 2026, at
o'clock . m.
James Mueller,
Mayor,City of South Bend, Indiana
Created: 2025-07-08 09:33:22 [EST]
Supp.No.62)
Page 4 of 4
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
July 7, 2026
President Canneth Lee
South Bend Common Council
3 rd Floor-South Bend City Hall
South Bend, IN 46601
----•----
Re: Ordinance Updates -Vehicle Regulations
Dear President Lee: Filed in Clerk' Office Jul 7,2026 B1am:a 1'1rado
C11 Clerk South Ucnd. I
Attached for consideration by the South Bend Common Council ("Council") are updates to the
existing South Bend Municipal Code including Chapter 20, Article 3-Abandoned Vehicles,
Chapter 20, Article 11 -Parking of Trucks Having More than Eleven Thousand Pounds' Gross
Vehicle Weight, Section 16-53 -Conditions constituting public nuisances, and Section 20-84-
Parking on sidewalk, alley or parkway.
The proposed ordinances focus on updating South Bend's regulations around vehicles to
improve clarity, align with Indiana law, address gaps in parking enforcement, and strengthen the
City's ability to protect quality of life.
I request that the proposed amendments be inclu ded on the full Council agenda for first reading
and assignment to the Residential Neighborhoods Standing Committee on July 13, 2026.
Thank you for your consideration.
Sincerely,
Liz Maradik
Chief Neighborhoods Officer
215 S. Dr. Martin Luth r King, Jr. Blvd., Ste 500, South Bend, Indiana 46601 (574) 233-0311 southbendin.gov
41-26
Filed in Clerk's Office
BILL NO. 41-26
Jul 7, 2026
ORDINANCE NO.
Bianca Tirado
City Clerk. South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 20,ARTICLE 3 OF THE SOUTH BEND
MUNICIPAL CODE TO UPDATE DEFINITIONS,PROCEDURES,AND
ENFORCEMENT PROVISIONS RELATING TO ABANDONED VEHICLES
STATEMENT OF PURPOSE AND INTENT
The Common Council finds that abandoned vehicles present risks to public health, safety,
and welfare, contribute to neighborhood deterioration, impede the orderly use of public rights-of-
way and private property, and may create hazardous conditions affecting residents and visitors.
The Council further finds that the City's abandoned vehicle regulations should be periodically
updated to ensure consistency with Indiana law and to provide effective administrative tools for
vehicle removal and disposition.
The purpose of this ordinance is to revise and modernize the City's abandoned vehicle
regulations by: (1) Clarifying the definitions applicable to abandoned vehicles and related terms;
2) Aligning local procedures with Indiana Code Chapter 9-22-1 governing abandoned motor
vehicles; (3) Establishing clear standards for addressing vehicles abandoned on public property,
public rights-of-way, and private property; (4) Providing effective procedures for notice, towing,
storage,removal, and disposal of abandoned vehicles and for the recovery of associated costs; (5)
Preserving neighborhood appearance and property values by addressing vehicles that are
mechanically inoperable, dismantled, improperly stored, or otherwise abandoned; and (6)
Clarifying statutory exceptions applicable to certain classes of vehicles,including antique,historic,
military, and specialty vehicles.
It is the intent of the Common Council that these provisions be interpreted and administered
in a manner that promotes public safety, protects property rights, supports neighborhood
revitalization efforts, and provides the City with efficient and legally compliant mechanisms for
addressing abandoned vehicles throughout the community.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend,as follows:
SECTION I. Chapter 20, Article 3 of the South Bend Municipal Code shall be amended as
follows:
Page 1 of 5
ARTICLE 3.ABANDONED VEHICLES'
Sec. 20-27. Nuisance declared; public agency designated; revolving fund established.
a) Abandoned vehicles are detrimental to the health and safety of the general public and are
declared to be a public nuisance and a health and safety hazard.
b) The Board of Public Works shall be the public agency responsible for the removal, storage
and disposal of abandoned vehicles. The Board shall act through the Department of
Community Investment, and may employ personnel and acquire equipment, property and
facilities and enter into contracts as necessary for the purpose of removal, storage and
disposition of abandoned vehicles.
c) An "Abandoned Vehicle Fund" is created into which all proceeds from the sale of
abandoned vehicles, and all handling expenses recovered shall be placed. The Common
Council shall annually appropriate sufficient tax monies to said fund and any monies
remaining in the fund at the end of the year shall not revert to the general fund.
d) IC 9-22-1-1 et seq., the "Abandoned Motor Vehicles" chapter, as promulgated by the
Indiana State Legislature, is made a part of this article and shall govern all areas not
specifically addressed herein.
Sec. 20-28. Definitions.
For the purpose of this article the following terms shall have the following meanings:
a) Abandoned vehicle means:2
1) A vehicle located on public property illegally;
2) A vehicle left on the public right-of-way without being moved for three(3)days;
3) A vehicle left on public property owned by the City, other than the public right-
of-way,without being moved for twenty-four(24)hours;
4) A vehicle located on public property in such a manner as to constitute a hazard or
obstruction to the movement of pedestrian or vehicular traffic on a public right-of-
way;
5) A vehicle that has remained on private property without the consent of the owner
or person in control of that property for more than forty-eight(48)hours;
6) A vehicle from which the engine, transmission, or differential has been removed
or that is otherwise partially dismantled or inoperable and left on public property;
IEditor's note(s)—Ord.No.6971-81,enacted Oct. 12,1981,effected a total revision of former Art.3,§§20-27-20-
30.Said former sections pertained to similar subject matter and were derived from Ord.No.6333-78,§1;
Ord.No.6383-78,§1;and Ord.No.6492-78,§1.
State law reference(s)—Abandoned vehicles generally,IC 9-22-1-1 et seq.
2State law reference(s)—IC 9-13-2-1 sets forth the state's definition for"abandoned vehicle."
Page 2 of 5
7) A vehicle that has been removed by a towing service or public agency upon
request of an officer enforcing a statute or an ordinance other than this article, if
the impounded vehicle is not claimed or redeemed by the owner or the owner's
agent within twenty(20) days after the vehicle's removal;
8) A vehicle which is at least three(3) model years old, is mechanically inoperable,
and is left on private property continuously in a location visible from public
property for more than twenty (20) days. For purposes of this subsection,a
vehicle covered by a tarpaulin or other plastic, vinyl,rubber, cloth, or textile
covering is considered to be visible; or
9) A vehicle that was repaired or stored at the request of the owner that has not been
claimed by the owner and for which the reasonable value of the charges
associated with the repair or storage remain unpaid for more than thirty (30) days
after the date on which the repair work is completed or the vehicle is first stored..
b) Automobile scrapyard means a business organized for the purpose of scrap metal
processing, automobile wrecking,or operating a junkyard.
c) Bureau refers to the Bureau of Motor Vehicles.
d) Fiscal body means the Common Council of the City of South Bend, Indiana.
e) Officer means a regular member of the South Bend Police Department and any
Neighborhood Code Enforcement Officer.
f) Owner means the last known record title holder of a vehicle, according to the records
of the Bureau under IC 9-17-1-1 et seq.
g) Person means an individual, firm, corporation, association, fiduciary or government
entity.
h) Private property means all property other than public property.
i) Public agency means the Board of Public Works.
j) Public property means a public right-of-way, street, highway,alley, sidewalk,park or
other municipal property.
k) Towing service means a business that engages in moving, removing, storing and
impounding disabled vehicles.
1) Vehicle has the meaning set forth in I.C. 9-13-2-196, as amended.
m) Visible from public property means that a vehicle can be seen from public property and
includes vehicles which have been covered by a temporary covering that allows the
form and outline of the vehicle to remain visible from public property.
Sec. 20-29. Procedure for notice,removal and disposal of abandoned vehicles; fees.
a) No person shall abandon a vehicle on any public or private property without the permission
of the person having the right to possession or control of the property upon which the
vehicle is left.
Page 3 of 5
b) The owner of an abandoned vehicle is responsible for the abandonment and is liable, to the
extent of the market value of the vehicle, for all of the costs incidental to the removal,
storage and disposal of same.
c) The procedure for tagging, removal, storage, and disposal of abandoned vehicles shall be as
set forth in Indiana Code 9-22-1 et seq., as amended.
d) Fees: In accordance with this article the owner shall be charged a fee for the towing and
storage of his vehicle. The fee for towing vehicles pursuant to this section shall not exceed
five hundred dollars($500.00)based on actual charges incurred. The fee for storage of
vehicles pursuant to this section shall not exceed fifty dollars($50.00)per day, based on
actual charges incurred. The charges fixed by the City for towing and storage of abandoned
vehicles shall be filed with the Bureau.
e) Upon complaint of a private property owner or person in control of the property upon which
a vehicle has been left for more than forty-eight(48)hours without the consent of the owner
or person in control,an officer shall follow the procedure set forth in this article for removal
of said vehicle.
f) Neither the owner, lessee or occupant of the property from which an abandoned vehicle is
removed,or any public agency,towing service or automobile scrapyard, is liable for any
damage to the vehicle occurring during its removal, storage or disposition.
g) Under the authority set forth in Indiana Code 9-22-1-31,the City may establish procedures
for carrying out the provisions of this Section, including but not limited to contracting for
the services described herein.
Sec. 20-30. Exceptions.
This article does not apply to the following vehicles:
1) A vehicle in operable condition specifically adapted or constructed for operation on
privately owned raceways;
2) A vehicle stored as the property of a member of the armed forces of the United States
who is on active duty assignment;
3) A vehicle located on a vehicle sales lot;;
4) A vehicle located upon property licensed or zoned as an automobile scrapyard; or
5) An antique vehicle registered and licensed under I.C. 9-18-12(before its expiration), a
historic vehicle licensed under I.C. 9-18.5-34, or a military vehicle registered under
I.C. 9-18.1-8;
6) A golf cart; or
7) An off-road vehicle.
Page 4 of 5
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor and any publication required by law.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026, at o'clock
m.
James Mueller, Mayor
City of South Bend,Indiana
Page 5 of 5
Filed in Clerk's Office
Jul 7, 2026
BILL NO Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 20, ARTICLE 3 OF THE SOUTH BEND
MUNICIPAL CODE TO UPDATE DEFINITIONS, PROCEDURES,AND
ENFORCEMENT PROVISIONS RELATING TO ABANDONED VEHICLES
STATEMENT OF PURPOSE AND INTENT
The Common Council finds that abandoned vehicles present risks to public health, safety,
and welfare, contribute to neighborhood deterioration, impede the orderly use of public rights-of-
way and private property, and may create hazardous conditions affecting residents and visitors.
The Council further finds that the City's abandoned vehicle regulations should be periodically
updated to ensure consistency with Indiana law and to provide effective administrative tools for
vehicle removal and disposition.
The purpose of this ordinance is to revise and modernize the City's abandoned vehicle
regulations by: (1) Clarifying the definitions applicable to abandoned vehicles and related terms;
2) Aligning local procedures with Indiana Code Chapter 9-22-1 governing abandoned motor
vehicles; (3) Establishing clear standards for addressing vehicles abandoned on public property,
public rights-of-way, and private property; (4) Providing effective procedures for notice, towing,
storage,removal, and disposal of abandoned vehicles and for the recovery of associated costs; (5)
Preserving neighborhood appearance and property values by addressing vehicles that are
mechanically inoperable, dismantled, improperly stored, or otherwise abandoned; and (6)
Clarifying statutory exceptions applicable to certain classes of vehicles,including antique,historic,
military, and specialty vehicles.
It is the intent of the Common Council that these provisions be interpreted and administered
in a manner that promotes public safety, protects property rights, supports neighborhood
revitalization efforts, and provides the City with efficient and legally compliant mechanisms for
addressing abandoned vehicles throughout the community.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, as follows:
SECTION I. Chapter 20,Article 3 of the South Bend Municipal Code shall be amended as
follows:
Page 1of7
ARTICLE 3. ABANDONED VEHICLES'
Sec. 20-27. Nuisance declared; public agency designated; revolving fund established.
a) Abandoned vehicles are detrimental to the health and safety of the general public and are
declared to be a public nuisance and a health and safety hazard.
b) The Board of Public Works shall be the public agency responsible for the removal, storage
and disposal of abandoned vehicles. The Board shall act through the-the Department of
Community Investment and may employ
personnel and acquire equipment, property and facilities and enter into contracts as
necessary for the purpose of removal, storage and disposition of abandoned vehicles.
c) An "Abandoned Vehicle Fund" is created into which all proceeds from the sale of
abandoned vehicles, and all handling expenses recovered shall be placed. The Common
Council shall annually appropriate sufficient tax monies to said fund and any monies
remaining in the fund at the end of the year shall not revert to the general fund.
d) IC 49-22-1-1 et seq.,the "Abandoned Motor Vehicles" chapter,as promulgated by the
Indiana State Legislature, is made a part of this article and shall govern all areas not
specifically addressed herein.
Sec. 20-28. Definitions.
For the purpose of this article the following terms shall have the following meanings:
a) Abandoned vehicle means:2
1) A vehicle located on public property illegally;
2) A vehicle left on repethe public right-of-way without being moved for
three(3) days;
3) A vehicle left on public property owned by the City, other than the public right-
of-way, without being moved for twenty-four(24) hours;
4)
34 A vehicle located on public property in such a manner as to constitute a hazard or
obstruction to the movement of pedestrian or vehicular traffic on a public right-of-
way;
54) A vehicle that has remained on private property without the consent of the owner
or person in control of that property for more than forty-eight(48)hours;
Editor's note(s)—Ord. No.6971-81,enacted Oct.12,1981,effected a total revision of former Art.3,§§20-27-20-
30.Said former sections pertained to similar subject matter and were derived from Ord. No.6333-78,§1;
Ord. No.6383-78,§1;and Ord.No.6492-78,§1.
State law reference(s)—Abandoned vehicles generally,IC 9-22-1-1 et seq.
State law reference(s)—IC 9-13-2-1 sets forth the state's definition for"abandoned vehicle."
Page 2 of 7
2) A vehicle from which the engine,transmission,or differential has been removed
or that is otherwise partially dismantled or inoperable and left on public property;
47) A vehicle that has been removed by a towing service or public agency upon
request of an officer enforcing a statute or an ordinance other than this article, if
the impounded vehicle is not claimed or redeemed by the owner or the owner's
agent within twenty(20) days after the vehicle's removal;
8) A vehicle which is at least three(3) model years old, is mechanically inoperable,
and is left on private property continuously in a location visible from public
property for more than twenty(20)days. For purposes of this subsection, a
vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile
covering is considered to be visible; or
49) A vehicle that was repaired or stored at the request of the owner that has not been
claimed by the owner and for which the reasonable value of the charges
associated with the repair or storage remain unpaid for more than thirty(30)days
after the date on which the repair work is completed or the vehicle is first stored.
velliele-leeated-en-publie-prepeFty-withefft-a-s+ate-keense-plate.
b) Automobile scrapyard means a business organized for the purpose of scrap metal
processing, automobile wrecking,or operating a junkyard.
c) Bureau refers to the Bureau of Motor Vehicles.
d) Fiscal body means the Common Council of the City of South Bend, Indiana.
e) Officer means a regular member of the South Bend Police Department and any
Neighborhood Code Enforcement Officer.
f) Owner means the last known record title holder of a vehicle, according to the records
of the Bureau under IC 9-17-1-1 et seq.
g) Person means an individual, firm, corporation, association, fiduciary or government
entity.
h) Private property means all property other than public property.
i) Public agency means the Board of Public Works.
j) Public property means a public right-of-way, street, highway,alley, sidewalk, park or
other municipal property.
k) Towing service means a business that engages in moving, removing, storing and
impounding disabled vehicles.
1) Vehicle r utomobile otorcyclo tr ^k ilo it ilo , tr ct„ , bus
school burecreational v ehicle ^ otorized bi^yclehas the meaning set forth in I.C.
9-13-2-196, as amended.
m) Visible from public property means that a vehicle can be seen from public property and
includes vehicles which have been covered by a temporary covering that allows the
form and outline of the vehicle to remain visible from public property.
Page 3 of 7
Sec. 20-29. Procedure for notice,removal and disposal of abandoned vehicles; fees.
a) No person shall abandon a vehicle on any public or private property without the permission
of the person having the right to possession or control of the property upon which the
vehicle is left.
b) The owner of an abandoned vehicle is responsible for the abandonment and is liable, to the
extent of the market value of the vehicle, for all of the costs incidental to the removal,
storage and disposal of same.
c) The procedure for tagging, removal, storage, and disposal of abandoned vehicles shall be as
set forth in Indiana Code 9-22-I et seq., as amended. If, in the opinion of the officer, the
2) The , ehicle : si.derecl abandoned
3) The vehicle will be removed after seventy two (72) hours.
5) TI d t h I of the ehicle with e_ my two (72) ho
r d) I f tl t e d , ehicle „Ahich r, the of the oicer
has
a arLet , al„e „f less ta fi ve,han
2) Ta1, „h„tographs t,, illustrate the „diti of th„ ehicl„
1) Within seventy two(72) hours after removal or disposal of the vehicle, the Department of
tice ta„
ntaining
the fall of ation:
II) The data off:, bl:, nd addre and telephon „her r
2) The vehicle is considered abandoned.
3) The vehicle will be removed after seventy two(72) hours.
Page 4 of 7
5) Theo oid costs h., r al of the. ehicle within s y..two (72) ho.,rs
shall:
ftu
5
ham fthe l:
plater nd st that the R. ads ash„ De artment of Code
holder
of the nottice acid advising th t the verhiiele-will be-dicspesed of--a-rfter thattime. TAT
i
t 4) if tha r l; hold r t„ the d; al of th ehicle and all sts_
b
shall sell the vehicle to the highest bidder at a public sale conducted after notice under IC
3 1, except only one(I) newspaper insertion one(1) week before the public sale is required.
rnti) The r rehaser shall be furnished a bill „f sale f r o ch abandoned_veh icle sold b., the Board
of Public Works.
gd) Fees: In accordance with this article the owner shall be charged a fee for the towing and
storage of his vehicle. The fee for towing vehicles pursuant to this section shall be ninety
not exceed five hundred dollars (S500.00) based on actual charges incurred.
The fee for storage of vehicles pursuant to this section shall not
exceed fifty dollars(S50.00) per day, based on actual charges incurred.
from the n bandoned `'ehicle Fund. The charges fixed by the City for towing and storage of
abandoned vehicles shall be filed with the Bureau.
Page 5 of 7
Adl-proceeds-from the-sa e o f an abando ed yehi4e c ludin` charges f ilbl r s o nd all
Fund n ll costs : rred in the aelli mister... of this artic e shall be paid from she
Abandoned Vehicle Fund
Ile) Upon complaint of a private property owner or person in control of the property upon which
a vehicle has been left for more than forty-eight(48) hours without the consent of the owner
or person in control, an officer shall follow the procedure set forth in this article for removal
of said vehicle.
DI,' Neither the owner, lessee or occupant of the property from which an abandoned vehicle is
removed, or any public agency, towing service or automobile scrapyard, is liable for any
damage to the vehicle occurring during its removal, storage or disposition.
fig)
a a .,L....,,J,ned r.tiye vehicles and pl.ced in the City''r n 4..,.,,a.,ne Vehicle
l; a Thi f h lI be paid to the Office of the City Co„troller by the towing sepi to
Under the authority set forth in Indiana
Code 9-22-1-31, the City may establish procedures for carrying out the provisions of this
Section, including but not limited to contracting for the services described herein.
Sec. 20-30. Exceptions.
This article does not apply to the following vehicles:
1) A vehicle in operable condition specifically adapted or constructed for operation on
privately owned raceways;
2) A vehicle stored as the property of a member of the armed forces of the United States
who is on active duty assignment;
3) A vehicle located on a vehicle sales lot;or at a commercial vehicle scrvicin t facility;
4) A vehicle located upon property licensed or zoned as an automobile scrapyard; or
5) An antique vehicle registered and licensed under I.C. 9-18-12 (before its expiration),a
historic vehicle licensed under I.C. 9-18.5-34,or a military vehicle registered under
I.C. 9-18.I-8; vehicle registered-and-licensed tamer IC 9 7 6 a „tique mot r
vehicle.
6) A eolf cart; or
7) An off-road vehicle.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor and any publication required by law.
State law reference(s) IC 9 22 1 27(c),addresses a public agency which administers abandoned vehicles to
recover the costs incurred by that public agency for such services.
Page 6 of 7
Canneth Lee,President, Common Council
Attest:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of 2026, at o'clock . m.
Bianca Tirado, City Clerk
Approved and signed by me on the day of 2026, at
o'clock . m.
James Mueller,
Mayor, City of South Bend, Indiana
Page 7 of 7
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
July 7, 2026
President Canneth Lee
South Bend Common Council
3rd Floor -South Bend City Hall
South Bend, IN 46601
----•----
Re: Ordinance Updates -Vehicle Regulations
Dear President Lee:
Filed in Clerk's Office
Jul 7, 2026
Bianca I 1rado
City Clt.:rk South Bend. l
Attached for consideration by the South Bend Common Council ("Council") are updates to the
existing South Bend Municipal Code including Chapter 20, Article 3-Abandoned Vehicles,
Chapter 20, Article 11 -Parking of Trucks Having More than Eleven Thousand Pounds' Gross
Vehicle Weight, Section 16-53 -Conditions constituting public nuisances, and Section 20-84-
Parking on sidewalk, alley or parkway.
The proposed ordinances focus on updating South Bend's regulations around vehicles to
improve clarity, align with Indiana law, address gaps in parking enforcement, and strengthen the
City's ability to protect quality of life.
I request that the proposed amendments be included on the full Council agenda for first reading
and assignment to the Residential Neighborhoods Standing Committee on July 13, 2026.
Thank you for your consideration.
Sincerely,
Liz Maradik
Chief Neighborhoods Officer
215 S. Dr. Martin Luth r King, Jr. Blvd., Ste 500, South B nd, Indiana 46601 (574) 23 -0311 southbendin.gov
42-26
Filed in Clerk's Office
BILL NO. 42-26
Jul 7, 2026
ORDINANCE NO.
Bianca Tirado
City Clerk. South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 20-84 OF THE SOUTH BEND MUNICIPAL CODE
CONCERNING IMPROPER VEHICLE PARKING
STATEMENT OF PURPOSE AND INTENT
The Common Council finds that vehicles parked on sidewalks, alleys, tree lawns, public
rights-of-way, and other unauthorized locations may obstruct pedestrian travel, impede
accessibility, interfere with traffic visibility, damage public infrastructure,hinder access to private
property, and create hazards for the public.
The purpose of this ordinance is to clarify and strengthen the City's parking regulations by:
1)Establishing clear standards identifying locations where parking is prohibited in order to protect
public safety and preserve access to streets, sidewalks, alleys, driveways, and parking facilities;
2) Protecting pedestrian mobility and accessibility by prohibiting the obstruction of public
sidewalks and other public ways; (3)Preventing damage to tree lawns,unimproved portions of the
public right-of-way, and other public property; (4) Promoting compliance with applicable zoning
and land use regulations governing vehicle parking; (5) Ensuring that approved driveways and
parking lot approaches remain accessible to property owners, occupants, emergency responders,
service providers, and the public; and(6) Establishing a progressive penalty structure designed to
encourage prompt correction of continuing violations and deter repeat violations.
It is the intent of the Common Council that these regulations be applied in a manner that
promotes public safety, accessibility, neighborhood appearance, protection of public
infrastructure, and the orderly use of public rights-of-way while providing clear notice of
prohibited parking practices and the consequences for continuing violations.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, as follows:
SECTION I. Chapter 20,Article 6, Section 20-84 of the South Bend Municipal Code shall
be amended as follows:
Sec. 20-84. Parking on sidewalk, alley or tree lawn.
a. No person shall park any vehicle in any of the following locations:
1. On or blocking a public sidewalk,
2. In a public alley,
3. In the tree lawn between a public sidewalk and a curb,
Page 1 of 2
4. In the portion of the right-of-way adjacent to the street, whether improved or
unimproved,
5. On a lot or parcel in violation of Section 21.07.03 of the South Bend Municipal
Code, or
6. In the right-of-way in a manner blocking an approved driveway and/or parking lot
approach.
Unless otherwise indicated, parking is permitted along the side of the paved street in a
manner not inconsistent with this Section or in on-street parking designated and intended for
parking purposes by the City.
b. A citation issued pursuant to this section shall impose a fine not less than fifty dollars
50.00) for the first day of violation, a fine of not less than one hundred dollars
100.00) for the second day of violation and a fine of not less than two hundred dollars
200.00) for every day of violation thereafter with each day of violation constituting a
separate violation for which a citation may be issued.No fine, however, shall exceed
two thousand five hundred dollars($2,500.00).
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor and any publication required by law.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2026, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026, at o'clock
m.
James Mueller,Mayor
City of South Bend, Indiana
Page 2 of 2
Filed in Clerk's Office
Jul 7, 2026
BILL NO
Bianca"Cirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 20-84 OF THE SOUTH BEND MUNICIPAL CODE
CONCERNING IMPROPER VEHICLE PARKING
STATEMENT OF PURPOSE AND INTENT
The Common Council finds that vehicles parked on sidewalks, alleys, tree lawns, public
rights-of-way, and other unauthorized locations may obstruct pedestrian travel, impede
accessibility,interfere with traffic visibility,damage public infrastructure, hinder access to private
property, and create hazards for the public.
The purpose of this ordinance is to clarify and strengthen the City's parking regulations by:
1)Establishing clear standards identifying locations where parking is prohibited in order to protect
public safety and preserve access to streets, sidewalks, alleys, driveways, and parking facilities;
2) Protecting pedestrian mobility and accessibility by prohibiting the obstruction of public
sidewalks and other public ways;(3)Preventing damage to tree lawns,unimproved portions of the
public right-of-way, and other public property; (4) Promoting compliance with applicable zoning
and land use regulations governing vehicle parking; (5) Ensuring that approved driveways and
parking lot approaches remain accessible to property owners, occupants, emergency responders,
service providers, and the public; and(6) Establishing a progressive penalty structure designed to
encourage prompt correction of continuing violations and deter repeat violations.
It is the intent of the Common Council that these regulations be applied in a manner that
promotes public safety, accessibility, neighborhood appearance, protection of public
infrastructure, and the orderly use of public rights-of-way while providing clear notice of
prohibited parking practices and the consequences for continuing violations.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, as follows:
SECTION I. Chapter 20,Article 6, Section 20-84 of the South Bend Municipal Code shall
be amended as follows:
Sec. 20-84. Parking on sidewalk, alley or-sway tree lawn.
a. No person shall park any vehicle in any of the following locations:
I_-eOn or blocking a public sidewalk,
2_+n-Ina public alley,
3_or—iit-In the parkway-tree lawn between a public sidewalk and a curb,
Page 1 of 2
4. In the portion of the right-of-way adjacent to the street. \\!tether improved or
unimproved,
5. On a lot or parcel in violation of Section 21.07.03 of the South Bend Municipal
Code, or
6. In the right-of-way in a manner blocking an approved driveway and/or parking lot
approach.
Unless otherwise indicated,parking is permitted along the side of the paved street in a
manner not inconsistent with this Section or in on-street parking designated and intended for
parking purposes by the City.
ab.A citation issued pursuant to this section shall impose a line not less than fifty dollars
50.00) for the first day of violation, a fine of not less than one hundred dollars
100.00) for the second day of violation and a fine of not less than two hundred dollars
200.00) for every day of violation thereafter with each day of violation constituting a
separate violation for which a citation may be issued. No fine,however,shall exceed
two thousand live hundred dollars ($2,500.00).
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor and any publication required by law.
Canneth Lee, President, Common Council
Attest:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of 2026, at o'clock . m.
Bianca Tirado,City Clerk
Approved and signed by me on the day of 2026, at
o'clock . m.
James Mueller,
Mayor,City of South Bend, Indiana
Page 2 of 2
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
July 7, 2026
President Canneth Lee
South Bend Common Council
3rd Floor-South Bend City Hall
South Bend, IN 46601
Re: Ordinance Updates -Vehicle Regulations
Dear President Lee:
Filed in Clerk's Office
Jul 7,2026
Bianca I iradn City Clerk. South 8cnd, [N
Attached for consideration by the South Bend Common Council ("Council") are updates to the
existing South Bend Municipal Code including Chapter 20, Article 3 -Abandoned Vehicles,
Chapter 20, Article 11 -Parking of Tr ucks Having More than Eleven Thousand Pounds' Gross
Vehicle Weight, Section 16-53 -Conditions constituting public nuisances, and Section 20-84-
Parking on sidewalk, alley or parkway.
The proposed ordinances focus on updating South Bend's regulations around vehicles to
improve clarity, align with Indiana law, address gaps in parking enforcement, and strengthen the
City's ability to protect quality of life.
I request that the proposed amendments be included on the full Council agenda for first reading
and assignment to the Residential Neighborhoods Standing Committee on July 13, 2026.
Thank you for your consideration.
Sincerely,
Liz Maradik
Chief Neighborhoods Officer
21 S. Dr. Martin Luther King, Jr. Blvd., Ste 500, South Bend, Indjana 46601 (574) 233-0311 southbenrun.gov
43-26
Filed in Clerk's Office
BILL NO. 43-26
Jul 7, 2026
ORDINANCE NO.
Bianca l irado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 20,ARTICLE 11 OF THE SOUTH BEND
MUNICIPAL CODE REGARDING THE PARKING OF LARGE VEHICLES
STATEMENT OF PURPOSE AND INTENT
The Common Council fmds that the parking and storage of large vehicles in residential
neighborhoods and other sensitive areas may create traffic safety concerns, obstruct visibility for
motorists and pedestrians, interfere with the use and enjoyment of nearby properties, and
negatively affect neighborhood character when not appropriately regulated. The Council further
finds that clear and coordinated standards are necessary to ensure consistency between the City's
traffic regulations and zoning requirements.
The purpose of this ordinance is to clarify and strengthen the City's parking regulations by:
1) Clarify the definition of large vehicles subject to regulation under this Article and align that
definition with the Zoning Ordinance;(2)Promote public safety by regulating the parking of large
vehicles in locations where such vehicles may block sight lines, impair traffic movement, create
hazardous conditions,or otherwise jeopardize the safety of persons or property;(3)Establish clear
standards governing the parking of large vehicles on streets, rights-of-way, and private property;
4) Ensure consistency with applicable zoning regulations governing vehicle parking and storage;
5) Preserve reasonable operational exceptions for utility providers, deliveries, loading and
unloading activities, repair work, and construction activities that require the temporary presence
of large vehicles;and(6)Provide effective enforcement mechanisms to encourage compliance and
maintain safe, orderly,and attractive neighborhoods throughout the City.
It is the intent of the Common Council that these regulations be interpreted to balance
legitimate business and operational needs with the City's interest in protecting public safety,
preserving neighborhood character, reducing visual and traffic impacts, and ensuring the orderly
use of public rights-of-way and private property.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend,as follows:
SECTION I. Chapter 20, Article 11 of the South Bend Municipal Code shall be amended
as follows:
ARTICLE 11. PARKING OF LARGE VEHICLES
Page 1 of 3
Sec. 20-117.Definition.
When used in this article:
Large Vehicle shall be defined as set forth in Section 21-07.03(i)(1) of the South Bend
Municipal Code, as amended. For purposes of this Article, this definition is not meant to include
trucks or other vehicles which are intended for personal use and/or daily driving.
Sec. 20-118. Parking restricted.
a) No person shall park a large vehicle, as defined in this Article:
1) On any street or right-of-way adjacent to a zoned area in violation of Section
21.07.03;
2) In a manner which blocks the line of sight; interferes or interrupts the passage of
other vehicles; so as to be likely to cause a blockade, accident, breakdown, or injury
to persons, animals,or property; or otherwise jeopardizes public safety; or
3) Large vehicles shall be allowed to park on the street or right-of-way in all other
districts when being used in connection with servicing a public utility or for the
purpose of delivering, loading, unloading, servicing, or being currently involved in
repair or construction. Said provisions notwithstanding, large vehicles involved in
activities under this subsection shall be parked as safely as reasonably possible.
b) All large vehicles may be parked in a carport, private garage, or driveway unless otherwise
restricted or prohibited by the City of South Bend Zoning Ordinance.
c) All large vehicles, regardless of declared gross vehicle weight, which are used for picking
up trash on a commercial basis are strictly prohibited from parking on any residential street
except for the purpose of loading.
d) No person shall park any large vehicle on a lot or parcel in violation of Section 21.07.03 of
the South Bend Municipal Code.
Sec. 20-119. Penalties.
Any owner of any large vehicle which is found parked in violation of this Article, and/or the
owners and occupants of any property who allow such parking in violation of Section 20-118
may be fined fifty dollars($50.00) for the first offense and one hundred dollars ($100.00) for all
subsequent offenses. Fines issued under this section shall be payable through the Ordinance
Violations Bureau pursuant to Section 2-213 of this Code.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Page 2 of 3
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026, at o'clock
m.
James Mueller, Mayor
City of South Bend,Indiana
Page 3 of 3
Filed in Clerk's Office
Jul 7, 2026
Bianca Tirado
BILL NO City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 20, ARTICLE 11 OF THE SOUTH BEND
MUNICIPAL CODE REGARDING THE PARKING OF LARGE VEHICLES
STATEMENT OF PURPOSE AND INTENT
The Common Council finds that the parking and storage of large vehicles in residential
neighborhoods and other sensitive areas may create traffic safety concerns, obstruct visibility for
motorists and pedestrians, interfere with the use and enjoyment of nearby properties, and
negatively affect neighborhood character when not appropriately regulated. The Council further
finds that clear and coordinated standards are necessary to ensure consistency between the City's
traffic regulations and zoning requirements.
The purpose of this ordinance is to clarify and strengthen the City's parking regulations by:
1) Clarify the definition of large vehicles subject to regulation under this Article and align that
definition with the Zoning Ordinance; (2) Promote public safety by regulating the parking of large
vehicles in locations where such vehicles may block sight lines, impair traffic movement, create
hazardous conditions,or otherwise jeopardize the safety of persons or property;(3)Establish clear
standards governing the parking of large vehicles on streets, rights-of-way, and private property;
4)Ensure consistency with applicable zoning regulations governing vehicle parking and storage;
5) Preserve reasonable operational exceptions for utility providers, deliveries, loading and
unloading activities, repair work, and construction activities that require the temporary presence
of large vehicles;and(6)Provide effective enforcement mechanisms to encourage compliance and
maintain safe,orderly, and attractive neighborhoods throughout the City.
It is the intent of the Common Council that these regulations be interpreted to balance
legitimate business and operational needs with the City's interest in protecting public safety,
preserving neighborhood character, reducing visual and traffic impacts, and ensuring the orderly
use of public rights-of-way and private property.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, as follows:
SECTION I. Chapter 20, Article 11 of the South Bend Municipal Code shall be amended
as follows:
ARTICLE 11.PARKING OF LARGE VEHICLESTvUCKS v4VJAI! AIO E TH g AI
L J L i/L AI TJ!OUSA A/11 D/)J/AMC/!_'DO VL IC C WL GHT
Page 1of3
Sec. 20-117.Definition.
When used in this article:
Truck Large Vehicle shall be defined as
vehicle ,designed e`' ^ wined
exeeeds-eleverrthensand-(-1-H4004-penezisset forth in Section 21-07.03(i)(1) of the South Bend
Municipal Code, as amended. For purposes of this Article, this definition is not meant to include
such trucks or other vehicles which are intended for personal use and/or daily driving.
Sec. 20-118. Parking restricted.
a) (a) No person shall park a truck large vehicle, as heretofore-defined in this Article:
1) eOn any street street or right-of-way next adjacent to a zoned area in violation of
Section 21.07.03;
2) n area zoned "A"or"A 1" Residence Districts, "A 2" or"A 3" Planned Residential-
Districts, or"B" or"B I" Residence Districts, In a manner which blocks the line of
sight; interferes or interrupts the passage of other vehicles; so as to be likely to cause
a blockade, accident, breakdown,or injury to persons, animals, or property; or
otherwise jeopardizes public safety
r be , the of ed in the o str ctio of_a resi do a or
14L3J_Such Ltruek-s-arge vehicles shall be allowed to park on such the rest ;na street
or right-of-ways in all other districts when being used in connection with servicing a
public utility or for the purpose of delivering, loading, unloading, servicing, or being.
currently involved in repair or construction. Said provisions notwithstanding, large
vehicles involved in activities under this subsection shall be parked as safely as
reasonably possible.
b) All seen-weeks-large vehicles may be parked in a carport,private garage,or driveway unless
otherwise restricted or prohibited by the City of South Bend Zoning Ordinance de.
c) All ttslarge vehicles, regardless of declared gross vehicle weight, which are used for
picking up trash on a commercial basis are strictly prohibited from parking on any
residential street except for the purpose of loading.
d) No person shall park any large vehicle i n a lot or parcel SF 1 Single
C'.,. ily „„.d Two Family Disric SF2 Single C.,. ily and Two Family Distric or 1\,f1;1
in violation
of Section 21.07.03 21 02.01, 21 02.02 or 21 02.03 or 21 02.01•of the South Bend
Municipal Code.
4-0
Residential District, "A I" Residential District, "B" Residential District, "C" Commercial
District, or "D" Light Industrial District in violation of Section 21.07.03 21 04.0 I of the
South Bend Municipal Coda
Page 2 of 3
Sec. 20-119. Penalties.
Any owner of any large vehicle or other vehicle which is found illegally parked on
residential street or lotparked in violation of this Article,and/or the owners and occupants of
any rep al property who allow such parking in violation of Section 20-118 shall may be
fined fifty dollars($50.00) for the first offense and one hundred dollars ($100.00) for all
subsequent offenses. Fines issued under this section shall be payable through the Ordinance
Violations Bureau pursuant to Section 2-213 of this Code.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Canneth Lee, President, Common Council
Attest:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of 2026, at o'clock_. m.
Bianca Tirado, City Clerk
Approved and signed by me on the day of 2026, at
o'clock . m.
James Mueller,
Mayor,City of South Bend, Indiana
Page 3 of 3
City of South Bend
PLAN COM MISSION
City Hall
215 S. Martin Luther King, Jr. Blvd.
Suite 500
South Bend, IN 46601
(574)235-7627
www.southbendin.gov/zon ing
July 8, 2026
Honorable Committee Chair Davis
Third Floor, County-City Building
South Bend, IN 46601 Filed in Clerk's Office JulB,2026
Bianca I irado City Clerk. South 13l:nd, I
RE: 203 JOHNSON ST, 207 JOHNSON ST, 213 JOHNSON ST, 215 JOHNSON ST, 2013
ORANGE ST, and 2014 PARALLEL ST (6 parcels)-PC#0312-26
Dear Committee Chair Davis:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
July 13, 2026, Council meeting, and set it for public hearing at your July 27, 2026, Council meeting.
The petition is tentatively scheduled for public hearing at the July 20, 2026, South Bend Plan
Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded
to the Office of the City Clerk by noon on the day following the public hearing.
The petitioner provided the following to describe the proposed project:
The petitioner intends to build a development of single family homes and a duplex Cottage Court.
If you have any questions, please feel free to contact our office.
Sincerely,
Brian Killen
Zoning Administrator
CC: Bob Palmer
Tim Corcoran
Planning Director
Brian Killen
Zoning Administrator
Francisco Fotia
Commission President
45-26
Filed in Clerk's Office
Jul 8, 2026
BILL NO. 45-26
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
203 JOHNSON STREET, 207 JOHNSON STREET,213 JOHNSON STREET,215
JOHNSON STREET, 2013 ORANGE STREET,AND 2014 PARALLEL STREET
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioner desires to rezone the property from Urban Neighborhood 1 (U 1)District to Urban
Neighborhood 2 (U2) District.
NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order
that the zoning classification of the following described real estate in the City of South Bend, St.
Joseph County, State of Indiana:
Parcel 018-2006-005801 --60.6' By 120'Nw Pt Lot 18 College Grove Add;
Parcel 018-2006-005802 --30 X 120 Ft Se Cor Lot 18 College Grove;
Parcel 018-2006-0059 --N 1/2 Lot 19 College Grove;
Parcel 018-2006-005901 --E 1/2 S 1/2 Lot 19 College Grove;
Parcel 018-2006-005902 --W 1/2 S 1/2 Lot 19 College Grove; and
Parcel 018-2006-0058 -- 51.5'By 90.6'W Pt Lot 18 College Grove Addn;
be and the same is hereby established as Urban Neighborhood 2 (U2)
SECTION II. This ordinance is and shall be subject to commitments as provided by
Chapter 21-12.07(0(7) Commitments, if applicable.
SECTION III. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the mayor, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado,City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2026, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026,at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2 -
Friday, May 22, 2026
Zoning Application
City of South Bend
What are you filing for?
Rezoning
Who will need to approve? Plan Commission
Property Owner and Property Information
Property owner name:3arbara Turner
Phone number: 574) 210-6684
Email: btatart@sbcglobal.net
Project address:Johnson &Orange
South Bend
Would you like to add additional
No
property owners?
The legal description can be found by visiting this map and typing in the address for the property. In the
Parcel" layer,the legal description is categorized as "LEGALDESCR."
The legal description can be found by visiting this map and typing in the address for the property. In the
Parcel" layer,the legal description is categorized as "LEGALDESCR."
Tax key number (more information 018-2006-005901, 018-2006-005902, 018-2006-0059, 018-
about tax key numbers can be found 2006-005802, 018-2006-005801, 018-2006-0058
below):
The tax key(s)/parcel ID(s) can be found by visiting this map and typing in the address for the property. In
the "Parcel"layer,the tax key/parcel ID is categorized as "PARCELID."
Will someone other than the property No
owner be the main point of contact
and representative for this petition?
Mailing address:56085 Chapel Lane
South Bend, Indiana,46619
1
Variance
State statutes and the Zoning Ordinance require that certain standards must be met before a variance can
be approved. Please address how the project meets the following criteria:
Special Exception
A Special Exception may only be granted upon making a written determination, based upon the evidence
presented at a public hearing. Please address how the project meets the following criteria:
Rezoning
Project Summary:
A development of single family homes and duplex cottage court
Current District(s): U1 Urban Neighborhood 1
Proposed District(s):
U2 Urban Neighborhood 2
Upload a site plan to scale indicating
scale used (for example 1 in. on I§ 0409_21 5Johnson_Proposal.pdf
printer paper = 2Oft. in real life or 1
square on graph paper = 5ft. in real
life). Include property lines and all
structures.
Subdivison
Annexation
2
Use Variance
A Use Variance may only be granted upon making a written determination, based upon the evidence
presented at a public hearing. Please address how the project meets the following criteria:
Terms and Conditions
Terms and Conditions Accepted
Terms and Conditions Accepted
Terms and Conditions Accepted
By typing my name in the boxes below, I agree that I'm electronically signing this form. I affirm that the
information that I've provided is accurate and true to the best of my knowledge. I understand that my
electronic signature is legally binding and equivalent to my handwritten signature.
Name: Barbara Turner
Date Friday, May 22, 2026
3
215 N Johnson St
South Bend, IN
0 PROPOSED SITE PLAN
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Unit Size 1,120 sq.ft.
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215 N Johnson St
South Bend, IN
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City of South Bend
Common Council
:-ioo City Hall • 11.i S. \1 lar1i11 l.u1licr l\.ing.Jr. Hin!.
S,>utl1 Brnd. l11clia1i;1 l.iiliOI
Karen White
Chairperson Community Investment Committee
South Bend Common Council
3rd Floor, City Hall
South Bend, IN 4660 l
Filed in Clerk's Office
Jul 8, 2026
Bianca firado City Clerk. South Bend, IN
RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AMENDING SECTION 4-61 OF THE
SOUTH BEND MUNICIPAL CODE REGARDING TAXICAB
LICENSING AND OPERATIONS AND PROVIDING FORTHE
EXTENSION OF CURRENT LICENSES
Dear Chairperson White:
Chapter 4 Section 4-61 of the Municipal Code addresses licenses for taxicab
companies, vehicles and drivers. This is a very in-depth ordinance first enacted
in 1981 with parts of the ordinance amended in 1986, 1993, 1999, and 2011. I
believe that current conditions in the City, changing technology and the
prevalence of services such as Uber and Lyft support a comprehensive review
and revision of the ordinance to meet current needs.
Such a complete review and revision may take some time before passing by
the Council. In the meantime, there are limited amendments that can be made
to improve administration of the taxicab licensing program. These
amendments support continued taxicab service within the City by reducing
unnecessary regulatory burdens, accommodating modem dispatch operations,
and providing greater administrative efficiency in the licensing process .
Additionally, the clarification of the definition of "taxicab" will promote
consistency with applicable state law and assist in distinguishing locally
regulated taxicab operations from transportation network companies governed
by state law.
46-26
I ask that this proposed ordinance amendment by placed on the agenda for the July 27,
2026, Community Investment Committee meeting with second and third readings at the full
Council meeting later that evening.
Sincerely,
4.(0. Va
Rachel Tomas Morgan
At-Large Common Council Member
57 t)235-9321• Fay (37 t) 23.;-9173•TI)I)(.5711 23.5-.554;7 • Imp: "W%c.sOuthlxuditt.gov
Filed in Clerk's Office
Jul 8, 2026
BILL NO. 46-26 Bianca Tirado
ORDINANCE NO.
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 4-61 OF THE SOUTH BEND MUNICIPAL CODE
REGARDING TAXICAB LICENSING AND OPERATIONS AND PROVIDING FOR
THE EXTENSION OF CURRENT LICENSES
STATEMENT OF PURPOSE AND INTENT
The City of South Bend("City")regulates taxicab companies, vehicles, and drivers
pursuant to Chapter 4, Article 4, Section 4-61 of the South Bend Municipal Code; and
The City will be undertaking a comprehensive review of Section 4-61 to evaluate
opportunities to modernize, simplify,and clarify the City's taxicab regulations; and
Key provisions have already been identified within the local industry that do not reflect
current business practices and operational realities; and
The Common Council finds that limited amendments are warranted at this time to
improve administration of the taxicab licensing program in these areas while the broader review
of Section 4-61 continues; and
These preliminary amendments are intended to support continued taxicab service within
the City by reducing unnecessary regulatory burdens, accommodating modern dispatch
operations, and providing greater administrative efficiency in the licensing process;and
Clarification of definitions will promote consistency with applicable state law and assist
in distinguishing locally regulated taxicab operations from transportation network companies
governed by state law; and
The Common Council finds that these preliminary amendments are in the best interests of
the City to facilitate administration of the City's taxicab licensing program pending consideration
of more comprehensive revisions to Section 4-61.
NOW THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Chapter 4, Article 4, Section 4-61 is hereby amended as follows:
Sec. 4-61.Taxicabs; companies,vehicles and drivers.
a) Definitions: As used in this section:
9) Taxicab shall have the meaning set forth in I.C. 8-2.1-17-16,as amended.
d) License and overall service required of taxicab companies; manifest required; refusal
deemed a violation; revocation:
Page 1 of 3
2) Holders of taxicab company licenses may maintain a properly zoned physical office
with a telephone line for the purpose of receiving calls and dispatching cabs or may
receive calls and dispatch cabs from a mobile location. The telephone line must be
answered by a dispatcher or other person who is not operating a taxicab at the time he
or she is answering the telephone or dispatching taxicabs. No taxi company may accept
calls or dispatch taxicabs from a taxicab or from a property that is not properly zoned.
Licensees shall answer all calls received by them for services inside the corporate
limits of the City as soon as they can do so. If the services cannot be rendered within a
reasonable time, licensees shall notify the prospective passengers how long it will be
before the call can be answered and give the reason therefor. The failure of a company
license holder to have a telephone call for service answered within a reasonable time
shall result in the issuance of fines, license suspension or revocation, or other sanctions
as provided in this chapter. Said provision notwithstanding, a taxicab company may
close between the hours of 2:00 a.m. and 5:00 a.m. and neither take calls nor dispatch
cabs..
4) All companies shall register, maintain, license and insure at least four(4)taxicabs in
order to obtain taxi company licenses, and shall have in service at all times, at least two
2)taxicabs licensed under this section.
5) All companies shall list on their application and at all times have registered to drive
their company taxicabs at least four(4)drivers in order to obtain company licenses,
with at least two (2)of those drivers operating at all times.
6) If a company operating a lawful taxicab business at the time of passage of this section
does not have at least four(4) taxicabs in service, and at least four(4)company drivers
as required by this section, that company shall have until January 2,2027, to meet such
requirements and to submit proof of compliance to the Controller.
SECTION II. Any license issued under Section 4-61 which expires on September 30, 2026 shall
be extended to an expiration date of September 30,2027.
SECTION III. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Page 2 of 3
Attest:
Bianca L. Tirado,City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2026, at o'clock .m.
Bianca L. Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026, at o'clock
m.
James Mueller,Mayor.
City of South Bend, Indiana
Page 3 of 3
Filed in Clerk's Office
Jul 8, 2026
BILL NO. 46-26 Bianca Tirado
City Clerk. South Bend, [N
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING SECTION 4-61 OF THE SOUTH BEND MUNICIPAL CODE
REGARDING TAXICAB LICENSING AND OPERATIONS AND PROVIDING FOR
THE EXTENSION OF CURRENT LICENSES
STATEMENT OF PURPOSE AND INTENT
The City of South Bend("City") regulates taxicab companies,vehicles, and drivers
pursuant to Chapter 4, Article 4, Section 4-61 of the South Bend Municipal Code; and
The City will be undertaking a comprehensive review of Section 4-61 to evaluate
opportunities to modernize, simplify,and clarify the City's taxicab regulations; and
Key provisions have already been identified within the local industry that do not reflect
current business practices and operational realities; and
The Common Council finds that limited amendments are warranted at this time to
improve administration of the taxicab licensing program in these areas while the broader review
of Section 4-61 continues; and
These preliminary amendments are intended to support continued taxicab service within
the City by reducing unnecessary regulatory burdens, accommodating modern dispatch
operations, and providing greater administrative efficiency in the licensing process; and
Clarification of definitions will promote consistency with applicable state law and assist
in distinguishing locally regulated taxicab operations from transportation network companies
governed by state law; and
The Common Council finds that these preliminary amendments are in the best interests of
the City to facilitate administration of the City's taxicab licensing program pending consideration
of more comprehensive revisions to Section 4-61.
NOW THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 4,Article 4, Section 4-61 is hereby amended as follows:
Sec. 4-61. Taxicabs; companies,vehicles and drivers.
a) Definitions: As used in this section:
9) Taxicab
passengers fer hire,having;a-seating-ems ', (twelve (I2)s en(7)
including the driver nd not ^ rated^ a fixed f uteshall have the meaning set forth
in I.C. 8-2.1-17-1 6, as amended.
Page 1 of 3
d) License and overall service required of taxicab companies; manifest required; refusal
deemed a violation; revocation:
2) Holders of taxicab company licenses slhal4-may maintain a properly zoned physical
office with a telephone line for the purpose of receiving calls and dispatching cabs or
may receive calls and dispatch cabs from a mobile location. The telephone line must
be answered by a dispatcher or other person who is not operating a taxicab at the time
r h i n w rin h l h n r i in, xi N xi
accept calls or dispatch taxicabs from a taxicab or from a property that is not properly
zoned. They'Licensees shall answer all calls received by them for services inside the
corporate limits of the City as soon as they can do so. If the services cannot be
rendered within a reasonable time,theylicensees shall then-notify the prospective
passengers how long it will be before the call can be answered and give the reason
therefor. The failure of a company license holder to have a telephone call for service
answered withina reasonable time shall result in the issuance of fines, license
suspension or revocation,or other sanctions as provided in this chapter. Said provision
notwithstanding, a taxicab company may close between the hours of 2:00 a.m. and
5:00 a.m. and neither take calls nor dispatch cabs.
4) All companies shall register,maintain, license and insure at least six-four(64) taxicabs
in order to obtain taxi company licenses,and shall have in service at all times, at least
two(2) taxicabs licensed under this section.
5) All companies shall list on their application and at all times have registered to drive
their company taxicabs at least six-four(64) drivers in order to obtain company
licenses,with at least two (2) of those drivers operating at all times.
6) If a company operating a lawful taxicab business at the time of passage of this section
does not have at least six-four(64)taxicabs in service,and at least six-four(64)
company drivers as required by this section, that company shall have until 27
2013January 2,2027, to meet such requirements and to submit proof of compliance to
the Controller.
SECTION II. Any license issued under Section 4-61 which expires on September 30, 2026 shall
be extended to an expiration date of September 30, 2027.
Page 2 of 3
SECTION III. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2026, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2026, at o'clock
m.
James Mueller, Mayor
City of South Bend. Indiana
Page 3 of 3
Filed in Clerk's Office
Jul21,2026
13 iam:a I trntlo
City Clerk South lkntl, I
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY INVESTMENT
July 20, 2026
Common Council President Canneth Lee
South Bend Common Council
215 S Doctor M.L.K Jr Blvd,
South Bend, IN 46601
-----
Attached please find a proposal for adoption of a resolution approving a rental revenue bond
lease between the Redevelopment Authority and the Redevelopment Commission for the
issu ance of two Series of TIF-funded bonds to support several neighborhood improvement
projects.
The Common Council's approval will allow the issuance of bonds to fund the following
improvements:
•Coal Line Phase Ill Installation -Extension of the existing Coal Line Trail from Lincoln Way West
to the Martin Luther King Jr. Dream Center
•College Street Streetscape Improvements -connection with Phase Ill of the Coal Line Trail
•Infrastructure improvements consisting of roads, storm water, sewer, and water utility
infrastructure improvements along or adjacent to Old Cleveland Road to help support affordable
housing projects
•New Rum Village Neighborhood Community Center-Construction, renovation and equipping
of a new Rum Village Neighborhood Center
•NearWestside Neighborhood Park-Acquisition costs
•Former Drewry's Brewery Infrastructure -Infrastructure improvements to support the
redevelopment of the former Drewry's property
•Muessel Grove Park Improvements -Improvements to Muessel Grove Park immediately
adjacent to the former Drewrys Brewery
•Morris Performing Arts Center Parking Garage -Help fund construction of a structured parking·
garage attached to the Morris.
215 S. Dr. lvlartin Luther King, Jr. Blvd., Ste 500, South Bend, Indiana 46601 (574) 233-0311 southbendin.gov
26-20
TO: Canneth Lee, President, South Bend Common Council
FROM: Dr. Oliver Davis, Council Member-At-Large
DATE: July 21, 2026
Filed in Clerk's Office
Jul21,2026
Bianca Tirado City Clerk, South Bend, IN
SUBJECT: Submission of Resolution for Zoning and Annexation Committee Hearing
and Vote on July 27, 2026
Dear President Lee,
I am writing to formally submit the attached resolution for immediate review, scheduling,
and vote by the South Bend Common Council Zoning and Annexation Committee,
which I serve as the Chairperson, during its upcoming committee meeting on July 27,
2026, which then will be heard and voted upon by the full Council during the South
Bend Common Council Meeting on July 27, 2026, at 7 pm.
This resolution addresses critical, urgent matters regarding municipal governance, land
use, and fiscal responsibility. Specifically, it calls for the City of South Bend to join a
formal pause on the execution and development of the Midwest Continental Divide Trail
initiative. The implementation of this multi-jurisdictional infrastructure project introduces
profound long-term implications for our city's zoning policies, municipal boundary
adjustments, and the potential application of eminent domain along the proposed trail
path.
Given that our local administration-primarily through the Department of Community
Investment and its Division of Planning & Community Resources -has already
committed vital planning assets and financial resources to this project, it is imperative
that we halt further participation. This pause must remain in effect until the Indiana State
Legislature repeals Senate Bill 468 during the 2027 legislative session and drafts a
replacement bill that fully integrates direct, structured input from the residents,
agricultural landholders, and stakeholders who will be directly impacted.
Furthermore, this resolution establishes a mandatory protocol requiring the
adminis tration to provide regular, transparent public updates to the Common Council
concerning its planning, operational involvements, and future initiatives linked to this
trail system.
With significant local tax dollars at stake during an economically challenging climate for
our city, county, state, and nation, we must ensure our public funds are utilized with the
highest degree of prudence. I respectfully request that this matter be advanced to the
26-21
City of South Bend
BOARD OF ZONING APPEALS
July 15, 2026
Honorable Dr. Oliver Davis
3rd Floor, City Hall
South Bend, IN 46601
RE: Special Exception 1737 O'Brien Street (2 lots)
Dear Committee Chair Dr. Davis:
Filed in Clerk's Office
Jul 16,2026
Bianca Tirado City Clerk. South Bend, IN
Enclosed is an Ordinance for the proposed Special Exception at the above-mentioned location.
Please include the attached Ordinance on the Council agenda for first reading at your July 27, 2026,
Council mee ting and set it for public hearing at your August 10, 2026, Council meeting. The petition
is tentatively scheduled for public hearing at the August 3, 2026, South Bend Board of Zoning
Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals
will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public
hearing.
The petitioner provided the following to describe the proposed project:
A Special Exception to allow for the use of a two-unit dwelling.
The full petition is attached for your reference. Changes may occur between the filing and the public
hearing. Any substantial changes will be identified at the Council meeting.
If you have any questions, please feel free to contact our office.
Sincerely,
�� Brian Killen
Zoning Administrator
CC: Bob Palmer
City Hall I 215 S. Or. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627
47-26
CITY OF So1 TH BENI) ANI) ST. ,JOSEPH C()l_ NTY HISTORIC PRESERVATION COMMISSION
July 15, 2026
South Bend Common Council
215 S Dr Martin Luther King Jr Blvd
South Bend, IN 46601
Dear Council Members,
Filed in Clerk's Office
Jul 17,2026
Bianca Tirado City Clerk. South Bend, IN
At its meeting on June 15, 2026, the Historic Preservation Commission of South Bend and St. Joseph County, the
Commission conducted a public hearing on the proposed ordinance which will designate the property located at
310 West Monroe Street in South Bend as an Historic Landmark.
The property, including, the extant structure is the or iginal location of the Olivet AME Church, the first African
American congregation in South Bend, and currently the Zion Hill Missionary Baptist Church. The congregati on
of the Zion Hill Missionary Baptist applied to the Historic Preservation Commission requesting the property be
designated an Historic Landmark.
At the public hearing, representatives of the Zion Hill Missionary Baptist Church, Olivet AME Church, and the
Civil Rights Heritage Center spoke in favor of the proposed ordinance. None spoke in opposition. Following
discussion by the Historic Preservation Commission, Commissioner Michael Skaggs introduced a motion to
favorably recommend the proposed ordinance to the Common Council. The motion passed unanimously 6-0.
According ly, the Historic Preservation Commission of South Bend and St. Joseph County favorably recommends
this proposed Ordinance to the Common Council. A copy of the favorable staff report presented at the June 15
public hearing is enclosed. Staff to the Commission remain available to answer any questions that may arise.
Sincerely,
Ross Van Overberghe
Historic Preservation Administrator
rvoverberghe@southbendin.gov
SARAH ANDREWS
PRESIDENT
A CERTIFIED LOCAL GOVERNMENT
OF THE NATIONAL PARK SERVICE
Ross VAN OVERBERGHE
HISTORIC PRESERVATION ADMINISTRATOR
EXCEILENCE I ACCOUNTABllITYI JNNOVATION I INCWSION I EMPOWERMENT
215 S. Dr. Martin wther King Jr. Blvd. South Bend, Indiana 4660 I p 574.235.9371 hpcsbsjc@southbendin.gov southbendin.gov/hpc
48-26
1222 S. MICl-flGAN STREET
SoUTII BEND, INDIANA 46601-2821
PHONE 574 / 235-9255
FAX 574 / 235-9305
01Y OF SOUTI-1 BEND JAMES MUELLER, MAYOR SOUTH BEND FIRE DEPARTMENT CARL R BUCHANON
FIRE CHIEF
July 2026
Honorable Members of the South Bend Common Council
227 W. Jefferson Boulevard
South Bend, IN 46601
Re: Mobile Integrated Healthcare Billing Ordinance
Dear Council Members:
Filed in Clerk's Office
Jul21,2026
Bianca Tirado City Clerk. South Bend, IN
Attached for your consideration is an ordinance amending Section 9-16 of the South Bend
Municipal Code to establish billing rates for Mobile Integrated Healthcare (MIH) services provided
by the South Bend Fire Department. In November 2021 the Department received State approval
to operate an MIH program, and recent changes to Indiana law authorize reimbursement for eligible
Mobile Integrated Healthcare services provided by approved EMS agencies.
The proposed ordinance establishes a fee schedule that will allow the City to bill and seek
reimbursement for these services while expanding the Department's ability to provide preventative,
post-discharge, behavioral health, and other non-emergency healthcare interventions that improve
patient outcomes and reduce unnecessary emergency department utilization.
This ordinance does not create a new program; rather, it provides the billing framework necessary to
support and sustain services already authorized under Indiana law and approved through the
State's Mobile Integrated Healthcare program. We respectfully request the Council's support.
Please contact me if you have any questions or would like addition al information.
�rely,�
�S_k_w_a_r _c _a _n __ _
Assistant Chief
South Bend Fire DepartmentMICHAEL]. 0AMlANO Assr. CHIEF OPERATIONS DEREK]. ERQUHAITT Assr. CHIEF FIRE PREVENTION ToDDL. KWARCAN Assr. CHIEF SERVICES ANDREW J. MYFR BRANDON S. ROARK Assr. C!--IIF.F EMS Assr. CHIEF TRAINING 49-26