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HomeMy WebLinkAboutChapter 5 Animals (Vetoed)At the June 24, 1974, regular meeting of the Common Council, a vote was taken regarding the Mayor's veto of: ORDINANCE NO. 5683 -74 AN ORDINANCE AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, passed by the Common Council on June 10, 1974, as amended, and officially vetoed by Mayor Miller on June 20, 1974. The Mayor's veto was upheld by a roll call vote of three nays (Councilmen Serge, Horvath and Newburn) and five ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski and Nemeth) with Councilman Parent absent. A "nay" vote meant a vote to sustain the veto. Z� G tea. Z14 J .,j Barbara Byers, Dep ty City Clerk City of South Bend, Indiana CITY OF SOUTH BEND South Bend, Indiana 46601 Jerry J. Miller June 20, 1974 Mayor The Honorable Irene Gammon City Clerk County -City Building South Bend, Indiana 46601 Dear Mrs. Gammon: This letter will serve as my official notification to veto Ordinance Number 5683 -74. This Administration believes that the ordinance that is now in existance and which was passed by the Council in September 1973, includes all that is needed to enforce the picking up of loose dogs as long as we have the equipment and the manpower. Ordinance Number 5683 -74 has many deficiencies that will be difficult to enforce and some statements that are much too vague to be adopted. Our objections to this ordinance are as follows: 1. It does not sufficiently change the existing law that passed on September 24, 1973, which allowed us to impound loose dogs. 2. This ordinance does not explicitly address unlawful conceal- ment. 3. It does not provide for the full range of nuisance problems including barking dogs and the like. 4. It does not mention anything on mistreatment and remedies. 5. It states that in the event the dog has no valid license tag and collar, it shall either be placed in the custody of the Humane Society of St, Joseph County or destroyed. To obtain a license a dog must have a rabies shot. A dog cannot receive a rabies shot until they are six (6) months old and, therefore, cannot purchase a license until then. It would be very difficult for our emplbyees to try to guess how old a dog is. OFFICE OF THE MAYOR SOUTH BEND, INDIANA Page Two 6. It implies the existance of a municipal dog pound because it does not specify that impounded dogs would be taken to the Humane Society of St. Joseph County immediately but that they be taken there after they have been held for ten (10) days. 7. It implies that the City has some facilities to destroy dogs in that a dog with no valid license would be placed in the custody of the Humane Society or destroyed, but it does not specify by whom or by what means. 8. It provides for a "scoop law" requiring an owner to remove any excrement from his dog in "a proper container" while disposing of it on his own property. There is no enforcement procedures and this would be extremely difficult. In summary, Ordinance Number 5577 -73 empowers the City to impound dogs. This we will continue to do with the additional resources. However, the present Ordinance in all its vagueness, does not add anything to 5577 -73 passed on September 24, 1973, but we will make every attempt to carry through on the spirit of the Ordinance which is to require that owners license and control their dogs. While we are certainly in favor of the spirit of the Ordinance, I must veto it because of the vagueness, inadequacies and unanswered questions in Ordinance Number 5683 -74. cc: Mr. Peter J. Nemeth, President South Bend Common Council FILED IN CLERK'S OFFICE JUN2C1974 Irene Gammon CILY CLERK, 30UI]1 AE p, IND ORDINANCE No. 5683 -74 Passed by the Common Council of the City of South Bend, Indiana Ig 74— IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, JUNE 11, 19 i Approved and signed by Clerk Of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. 5683 -74 AN ORDINANCE AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, that: SECTION I. The following sections of the Municipal Code of the City of South Bend shall be amended to read as follows, to -wit: Sec. 5 -1. Definitions. (a) As used in this Chapter: (1) "Animals" mean any and all types of animals, both domesticated and wild, male and female, except man. (2) "At large" means off the premises of the owner or custodian of the animals and not under the immediate con- trol of the owner or custodian. (3) "Dog" means a carnivorous domesticated mammal. (4) "Dog license" means a license and registra- tion tag required to be issued annually for each individual dog. (5) "Keep" or "harbor" means to maintain, possess, control and use. (6) "Kennel" means any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop. (7) "Owner" means any person owning, controlling, harboring or keeping any dog, or any other animals. (8) "Pet shop" means an establishment at which are kept for sale any animals, commonly known as household pets, excluding kennels. Sec. 5 -5. License and registration required. (a) All dogs kept, harbored or maintained by their owners in the City shall be licensed and registered. Dog licenses shall be issued by the Controller upon payment of a license tax of Two Dollars ($2.00) per year in the month of January, and annually thereafter. No license shall be issued unless the owner shows, at the time it is requested, a certificate that the vaccination required by Section 5 -20 has been made. Sec. 5 -16. Running at large prohibited; leash. (a) No person owning or having charge, care, custody or control of any dog shall cause, permit or allow the dog to be or to run at large upon any street, alley or other public place or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog within the City unless such dog is restrained by a substantial chain or leash and is in charge and control of a competent person. (b) Any dog that is found at large upon any street, alley or other public place or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog shall be captured by the City, and (1) in the event the dog has a valid license tag and collar as required by Sections 5 -5 and 5 -6 of the Municipal Code, the City shall notify the owner that it is holding the dog and shall release the dog to its owner upon payment of an impoundment fee of Ten Dollars ($10.00). If the dog is not claimed within 10 days, it shall either be placed in the custody of the Humane Society of St. Joseph County or destroyed; or (2) in the event the dog has no valid license tag and collar, it shall either be placed in the custody of the Humane Society of St. Joseph County or destroyed. (c) Any dog running at large which bites a human being shall immediately be impounded and placed under observation for a period of two (2) weeks at the expense of the owner. If, after expiration of the two -week observation period, the dog has shown no signs of rabies or other disease, such dog may be released to its lawful owner. The Chief of Police or his designate shall be empowered to go onto private property for the purpose of impounding such dogs, and to obtain all necessary legal process to accomplish this purpose. (d) The owner is responsible to remove any excrement from his dog by removing the same in a proper container and disposing of it on his own property. The owner of a dog shall not permit the same to deposit excrement in public parks. Sec. 5 -18. Penalty. Whoever violates any provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $500 or be imprisoned for a period not to exceed six (6) months, or both. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. r � '� , I► Member or - d7o Passed June 10, 1974, as amended. -2- (90tintatue lstport Xo the (IIommon (Qounril of tot (!City of #aid# mrnd: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING CHAPTER 5, ANIMALS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND. Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council favorably, as amended below: On page 2, insertion of a license tax of $2.00. On page 2, insertion of an impoundment fee of $10.00. On page 3, addition of the following paragraph (d) to Section 5 -16: (d) The owner is responsible to remove any excrement from his dog by removing the same in a proper container and disposing of it on his own property. The owner of a dog shall not permit the same to deposit excrement in public parks. Odell Newburn Chairman • ... I... ,VBLIf MIND CO.