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HomeMy WebLinkAbout07-27-2026 Health and Public Safety Committee MinutesOFFICE OF THE CITY CLERK BIANCA L. T IRADO, CIT Y CLERK HEALTH & PUBLIC SAFETY Committee Members Present: Committee Members Absent: Other Council Present: Others Present: Presenters: Agenda: JULY 27, 2026, 2:45 P.M. Sheila Niezgodski *, Savino Rivera Jr., Brittney Erp, Dr. Heidi Beidinger, Rachel Tomas Morgan Sharon McBride, Dr. Oliver Davis Canneth Lee, Karen L. White, Ophelia Gooden-Rodgers, Sherry Bolden-Simpson Bianca L. Tirado, Matthew Neal, Jasmine Jackson, Lari'onna Green, Veronica Pitt- Payne, Bob Palmer Jenna Throw, Brittni Gendron 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 (Substitute) (Committee Discussion Only) Members marked with an asterisk(*) are in virtual attendance via Microsoft Teams. Please note the attached link for the meeting recording: https://docs.southbendin.gov/WebLink/browse.aspx?dbid=0,0&mediaid=411597 Committee Chair Rachel Tomas Morgan called to order the Health and Public Safety Committee meeting at 2:45 P.M. 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 Jasmine Jackson 0rrEF D EPUTY OTY QERK / 0rrEF OF STAFF INTEGRITY I SERVICE I ACCESSIBILITY Matthew N cal D EPUTY OTY QERK I DIRECTOR OF POLICY Veronica Pitt-Payne D IRECTOR OF SPEGAL PROJECTS EXCELLENCE I ACCOUNTABILITY ! INNOVATION ! INCLUSION I EMPOWERMENT 300 City Hall I215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 57 4.235.9221 If. 57 4.235.9173 I www.southbendin.gov @ CITY OF SOlITH BEND I OFFICE OF THE CITY CLERK With a New Chapter 5 Entitled Animal Care Regulations and Welfare Enforcement (Substitute) (Committee Discussion Only) Jenna Throw, City Attorney, with offices on the sixth (6th) floor of City Hall, South Bend, IN 46601 , presented the bill. She explained that the City's Legal Department and the South Bend Animal Resource Center (SBARC) have been working on updates to Chapter Five (5) of the Municipal Code in order to improve clarity, align the ordinance with current practice, and strengthen the City's ability to protect animal welfare. She stated that Chapter Five (5) was reorganized into articles to improve the flow of the ordinance and group related requirements together, making it easier for residents and SBARC staff to find relevant information. She explained that the animal care standards were expanded to clarify requirements for shelter, adequate space, veterinary care, and protection from extreme weather. She said these standards are intended to help SBARC staff identify mistreatment and neglect, support timely enforcement action, and educate the public on responsible animal ownership. She noted that the standards apply to both domestic and permitted animals. She stated that the permitting and licensing framework was standardized across regulated activities to ensure consistent language. She said the expanded framework also grants SBARC inspection authority for permitted uses and establishes health and recordkeeping requirements. She explained revisions to the animal designation system, which now clearly define the criteria, procedures, and outcomes for each designation tier: "public nuisance," "dangerous," and "vicious." She introduced the Regulated Animal Possession Permit, a new enforcement tool for owners with repeated or high-risk violations, which would replace the Habitual Animal Offender designation. She said these permits can come with individualized conditions, such as limits on the number of animals owned, mandatory training, or inspections, and they may be denied for extreme offenses. She described other changes that were made to strengthen enforcement and due process in Animal Welfare Commission proceedings. The new language clarifies authority for investigations, inspections, and impoundments and establishes hearing procedures, notice and appeal rights, and evidentiary standards. She added that licensing and impoundment procedures were codified to align the ordinance with SBARC's current operational practice, and other changes were made to improve readability and incorporate plain language. Finally, she summarized the Animal Welfare Commission's feedback from their July meeting that was incorporated into the substitute bill. Committee Chair Tomas Morgan invited questions from Committee Members. Citizen Member Brittney Erp asked if SBARC is sufficiently staffed to enforce the new standards consistently. Brittni Gendron, Director of SBARC, 521 Eclipse Place, South Bend, IN 46628, acknowledged the concern and stated that she believes the changes will help her team operate more efficiently in the field. She said the bill would bring policy in line with practices they are already implementing. Citizen Member Erp asked whether SBARC supports the bill's final language. She asked about their involvement in the ordinance revision process. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall! 215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 If. 574.235.9173 1 www.southbendin.gov @ CITY OF sourn BEND I OFFICE OF THE CI'IY CLERK Brittni Gendron stated that SB ARC was part of the working committee to develop the ordinance and she herself attended every meeting. She acknowledged the participation and input of SBARC's Shelter Operations Supervisor as well. She said the new ordinance incorporates their current practice while taking a more proactive approach to animal welfare and public safety. Attorney Throw added that she values other departments' expertise and real-world experience highly when working on ordinances throughout the City. She emphasized the importance of Brittni Gendron's input. Citizen Member Erp asked what unintended burdens the legislation might place on pet owners, particularly elderly or low-income residents. She asked if education would precede any citations. Brittni Gendron explained that when responding to calls, SBARC's current practice is to leave an animal welfare notice identifying potential violations. She said they always work toward compliance and connect residents with available resources, including information about low-cost vaccination opportunities. She added that the ordinance establishes basic standards of care that pet owners should already be providing and emphasized that SBARC's goal is to serve as a resource center before pursuing enforcement. Citizen Member Erp asked about the new tethering regulations. She provided the example of temporarily tethering her dog in the front yard while mowing the lawn. Brittni Gendron explained that SBARC evaluates several factors when responding to tethering complaints, including weather conditions, whether the animal is secured with an appropriate collar, the risk of strangulation, and whether the animal has been altered. Attorney Throw noted that the tethering regulations apply to "unattended" animals, and the dog in the mowing scenario would not be considered unattended. Committee Member Dr. Heidi Beidinger asked about the reason for the ordinance update. Attorney Throw stated that the City has wanted to update the ordinance for several years and address a number of specific issues. Committee Member Dr. Beidinger asked the presenters how they would characterize the change. Attorney Throw replied that the change clarifies and strengthens the ordinance. She said some parts clarify standards that already exist, like explaining Animal Welfare Commission proceedings and defining minimum care standards. She said in other areas, they are strengthening things. Brittni Gendron highlighted the educational value of the new ordinance. She said educating the public on best practices will increase public safety and animal safety, and when residents understand better they can work together toward compliance. Committee Member Dr. Beidinger asked if "strengthening" the ordinance means they are strengthening the language around compliance to achieve greater compliance. Attorney Throw confirmed that is correct. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall I215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 If. 574.235.9173 1 www.southbendin.gov '+~"'• (~} CrfY OF SOUTH BEND I OFFICE OF THE CITY CLERK ..... .,··;, Council President Canneth Lee thanked the presenters. He asked about the updates to the language regarding puppies and kittens that are "offered for sale". Attorney Throw explained that language was added to make it clear that the ten (10)-week requirement refers to animals remaining where they were born. She said animals may be advertised for sale before reaching ten (10) weeks of age but ownership may not be transferred before that time. Committee Chair Tomas Morgan thanked the presenters for their work on the bill. She asked if they received any public feedback when they presented the bill to the Animal Welfare Commission. Attorney Throw responded that no members of the public spoke during the meeting, but Commission members had great questions. She said the legal team went back and made changes to address their specific points, which are reflected in the substitute bill. Committee Chair Tomas Morgan noted that in the previous ordinance, permit denials went to a "hearing officer". She asked if those would now go through the Animal Welfare Commission. Attorney Throw clarified that the Regulated Animal Possession Permit is an entirely new process replacing the Habitual Animal Offender designation. She said the Animal Welfare Commission currently handles the Habitual Animal Offender process, so they will also oversee Regulated Animal Possession Permits. Committee Chair Tomas Morgan stated that the bill is scheduled for further Committee discussion, second (2nd) and third (3rd) reading on August 10. She asked Committee Members if they were comfortable with that timeline, and there were no objections. With no further business, Committee Chair Tomas Morgan adjourned the Health and Public Safety Committee meeting at 3: 17 P.M. Respectfully Submitted, Rachel Tomas Morgan, Committee Chair EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 300 City Hall I 215 S. Dr. Martin Luther King Jr. Blvd. I South Bend, Indiana 46601 Ip. 574.235.9221 If. 574.235.9173 1 www.southbendin.gov