HomeMy WebLinkAboutSBACC Special Committee Meeting Minutes and final document (2)
SBACC Special Committee Meeting Minutes, 12/19/13
Thursday, December 19, 2013
5:30 p.m.
Presiding: Valerie Schey, Chairperson
Members present: Matt Harmon, Brad Block, Pam Wesolowski, Becky Kaiser, Aaron Blight, Dr. Mariah Covey, Pam
Comer, Kelly Pickell, Linda Candler, Valerie Schey
Others present: Ernie Galos, Patty Trinka, and Donald Brown
Summary:
Committee has invested 8 months, 11 meetings and hundreds of hours into this project.
As we move towards the next step in this process, building community support for the changes we are proposing will be
essential.
The survey we launched in October is showing that we are on the right track. Of the 333 citizens that have responded so
far we have been found:
1.88% of the residents claimed that they were unsatisfied/very unsatisfied with SB’s current ordinances.
2.97% of citizens stated that they would be very/extremely likely to support budget neutral policy changes that
could significantly lower euthanasia rates.
3.89% of residents stated that improving our City’s acc ordinance is very/extremely important to them.
Likewise, hundreds of comments were submitted that are showing strong support for the policy changes that we are
proposing.
The survey will remain available at:
https://www.surveymonkey.com/s/SouthBendAnimalCareandControlOrdinanceSurvey
Edits made since last meeting
See yellow sections.
See 5.052(f) – Pet Shops
See 5.091 (revised per Dr. Covey)
5.105 h4
Impoundment & Redemption separated and notice to owner added.
-Revised Chapter Attached -
Next steps:
In January, I will be working with our Council Attorney to prepare the bill for submission. Once the formatting edits are
complete, the bill will be filed. Communications will be forthcoming.
Adjournment:
There being no further business to come before the South Bend Animal Care and Control Special Committee, the
meeting was adjourned at 7:30 pm on December 19, 2013.
Valerie Schey, Chairperson
-Signature on file-
CHAPTER 5: ANIMAL CONTROL
Section
General Provisions
5.001 Definitions
5.002 Provisions are supplemental to state, city, and county laws
5.003 Schedule of fees for Department of Animal Control
Animal Care Rules and Regulations
5.015 Adequate shelter, food and water to be provided
5.016 Necessary medical or grooming care; provided when needed
5.017 Removal of excrement
5.018 Livestock
5.0181 Urban chicken regulations.
5.0182 HONEY BEE KEEPING REGULATIONS.
5.019 Restraint of animals
5.020 Fastening animals with rope or chain; choker collar
5.021 Cruelty to animals
5.022 Animal Hoarding;
5.023 Animal fights prohibited
5.024 Prohibited animal events
5.025 Poisonous bait
5.0251 ENTICEMENT OF ANOTHER PERSON'S ANIMAL.
5.0252 INTERFERENCE WITH ANOTHER PERSON'S ANIMAL.
5.0253 OFFENSIVE USE OF ANIMAL.
5.026 Abandonment of animals
5.027 Trapping
5.028 Public nuisance animals
5.029 Animals as prizes or inducements
5.030 Dying or staining animals; animals as novelties
5.031 Injury caused by motor vehicle to animals
5.032 Lost or stray animals
5.033 Dangerous animals
5.034 Biting animals; report; procedure
5.035 Exotic animals and native wildlife
5.036 Training methods
5.037 Destruction of animals
5.038 Habitual animal offender
Registration and Commercial Permits
5.050 Pet registration required; exception; tags; microchip implant
5.051 Application for registration or permits
5.052 Fees
5.053 Reinspection Appeal; denial or revocation of permit
5.054 Kennel/cattery permits
5.055 Major breeder's permit
5.056 Minor breeder's permit; sale of underage animals prohibited
5.057 Veterinary hospitals/clinics
5.058 Grooming shop permit
5.059 Pet shop permit
5.060 Circuses, animal concessions and animal event
5.061 Zoological parks
5.062 Exception
Dogs and Cats; Specific Requirements
5.075 Vaccination required; tags
5.076 Dogs or cats in heat
5.078 Sale of puppies and kittens
Destruction of Animals
5.090 Definition
5.091 Destruction of Animals
5.094 Funding
Administration and Enforcement
5.105 Director of Public Safety/Animal Control Commission
5.106 Interfering with enforcement
5.107 Impoundment.
5.1071 Notice to owner.
5.1072 Redemption.
5.108 Inspections
5.109 Disposition of money
Rental Horses
5.120 Definitions
5.121 Permits and administration
5.122 Housing/stable premises
5.123 Regulations
5.124 Excepted from coverage
5.999 Penalty
GENERAL PROVISIONS
§ 5.001 DEFINITIONS.
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a
different meaning:
(a) ABANDON. To knowingly, intentionally, or recklessly leave unattended, without proper food, water, or shelter, for
24 hours or more, in or about a building or structure or any portion thereof on or about any property.
(b) ADEQUATE SHELTER. A structure designed specifically to shelter an animal that allows an animal to maintain its
body heat, with a roof, structured floor and three sides free of leaks or openings to the wind and rain, and a fourth side
allowing access that is protected from the elements. The structure is physically located in a dry area allowing the animal
dry keeping and access outside the structure to dry ground that is mud free. Livestock require a structure with three
sides and a roof designed to protect from the elements.
(c) ALTERED ANIMAL. An animal that has been operated on to prevent it from procreating.
(d) ANIMAL. Any living vertebrate, domestic or wild, except a human being.
(e) ANIMAL CONCESSION. Any person, group of persons, partnership, or corporation who for compensation has any
animal available for hire or on display.
(f) ANIMAL CONTROL COMMISSION. The Animal Control Commission shall be an advisory Commission with regard to
policy and fiscal decisions affecting the Department of Animal Control.
(g) ANIMAL CONTROL OFFICER. Means a person authorized to carry out the provisions of this chapter.
(h) ANIMAL EVENT. Display, activity or show of wild or domestic animals in a shopping center, retail establishment,
adjacent lot, or elsewhere.
(i) ANIMAL FIGHTING PARAPHERNALIA. Equipment or items used to train or condition animals for participation in an
animal fighting contest or materials to promote animal fighting, the breeding of animals specifically for the purpose of
fighting, train animals for fighting, or to track the results of animal fights.
(j) ANIMAL HOARDER. Any person who:
(1.)Having more than the typical number of companion animals
(2.)Failing to provide even minimal standards of nutrition, sanitation, shelter, and veterinary care, with this neglect
often resulting in illness and death from starvation, spread of infectious disease, and untreated injury or medical
condition
(3.)Denial of the inability to provide this minimum care and the impact of that failure on the animals, the
household, and human occupants of the dwelling
(4.)Persistence, despite this failure, in accumulating and controlling animals
(k) ANIMAL WELFARE ORGANIZATION. Any not-for-profit, 501 (c)3 organization for the prevention of cruelty to animals
incorporated under state laws.
(l) AT LARGE ANIMAL. means a stray animal or any animal whose owner/guardian knowingly, intentionally, or recklessly
allows the animal to stray beyond premises owned, lawfully occupied or controlled by the owner/guardian unless under
restraint. This section does not apply to dogs engaged in lawful hunting accompanied by the owner/guardian or
custodian or to free-roaming and/or community cat(s).
(m) ATTACK. Where the animal exhibits one or more of the following behaviors, including, but not limited to: snarling,
biting, baring teeth, chasing, growling, barking, snapping, pouncing, lunging.
(n) AUCTION. Any place or facility where animals are regularly bought, sold or traded, except for those facilities
otherwise defined in this chapter or by state law.
(o) BREEDER. Any person who intentionally or accidentally causes the breeding of an animal or makes an animal cat or
dog available for breeding purposes, or any person who offers for sale, sells, trades, receives other compensation or
gives away any litter of dogs or cats; or any person who has unaltered animals who habitually (two or more litters) have
accidental litters.
"BUSINESS DAY" means "Monday through Friday, except for federal or state holidays.
(p) CARETAKER. A person who provides food, water and shelter for free-roaming and/or community cat(s).
(r) CATTERY. Any person or group of persons, partnership or corporation engaged in keeping more than one unaltered
cat for the purposes of breeding.
(q) COMMUNITY CAT. Community cat means that has been
an unowned, kept or having in custody outdoor cat
evaluated and sterilized by a licensed veterinarian, ear tipped and released back into the area from which s/he was
captured.
(s) CIRCUS. A commercial variety show including animal acts for public entertainment.
(t) DANGEROUS WILD or DANGEROUS EXOTIC ANIMAL. A wild or exotic animal, not indigenous to the State of Indiana,
not commonly found as a domestic animal, that would create a potential risk to public safety including but not limited to
bears, wolves, lions, tigers, jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are
venomous, apes, baboons, macaques, or any hybrid of like animal.
(u) DIVISION OF ANIMAL CONTROL. The municipally operated division established for the purpose of animal control,
care and disposition, as set forth in this chapter, operated by and under the direct supervision of the Director of the
Code Enforcement Department and the Shelter Manager.
(v) DIRECTOR. The Director of the Code Enforcement Department for the city.
(w) FREE-ROAMING CAT. Free-roaming cat means any outdoor cat.
(x) GROOMING SHOP. A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
(y) INTACT ANIMAL PERMIT. The permit required by any person engaged in owning or harboring more than one dog
over the age of six months, which is unaltered, and/or more than one cat over the age of six months, which is unaltered.
(z) KENNEL. Any person, group of persons, partnership or corporation engaged in keeping more than one unaltered
dog, or the business of boarding, or training for a fee, or grooming.
(aa) LITTER PERMIT. The permit required by any person who intentionally or unintentionally causes or allows the
breeding of a litter of dogs or cats in a twelve-month period. Exception: if the parent animal(s) are altered within
fourteen weeks after giving birth or the parent animal(s) and the litter are relinquished to SBACC within fourteen weeks
after birth of the litter, all permit requirements shall be waived.
(bb) MICROCHIP IMPLANT. A passive electronic device that is injected into an animal by means of a pre-packaged
sterilized implanting device for purposes of identification and/or the recovery of animals by their owners.
(cc) MICROCHIP READER. An electronic device that detects any implanted microchip.
(dd) OWNER/GUARDIAN. A person owning or harboring one or more animals for a period of longer than twenty-one
days; however, caretakers of free-roaming and/or community cats shall not be deemed to be owners or guardians of
such animals.
(ee) PERSON. An individual, firm, corporation or commercial establishment.
(ff) PET. Any animal owned or harbored by any person, group of persons, partnership or corporation, except service
dogs, or police or canine governmental dogs.
(gg) PET SHOP. 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.
(hh) POTENTIALLY DANGEROUS. means any of the following:
(1.)Any animal which, when unprovoked, on two separate occasions within the prior thirty-six month period,
engages in any behavior that requires a defensive action by any person to prevent bodily injury when the
person and the animal are off of property owned, lawfully occupied or controlled by the owner/guardian or
keeper of the animal.
(2.)Any animal which, when unprovoked, bites a person causing an injury that is not a severe injury, as defined
below.
(3.)Any animal which, when unprovoked and off of property owned, lawfully occupied or controlled by the
owner/guardian or keeper of the animal, on two separate occasions within the prior thirty-six month period,
has bitten or otherwise caused injury to a domestic animal that is not a severe injury, as defined below.
(ii) PROHIBITED EVENT. Promoters, organizers, or other event where coordinators determine it necessary to prevent
animals from being present during the event to ensure public safety
(jj) PUBLIC NUISANCE. Any animal which:
(1.)Interferes with a pedestrian(s) or a passing vehicle(s) or
(2.)Attacks another animal or a person(s) or
(3.)Is at large or
(4.)Damages private or public property or
(5.)Barks, whines, howls or makes other sounds common to its species in excess, continuously for 15 minutes or for
an aggregate 20 minutes in a one-hour period
(kk) QUARANTING AUTHORITY. The department of Code Enforcement, Division of Animal Care and Control its agents,
employees and designees, acting under directives and regulations of the Health Department of St. Joseph County or the
Indiana state board of animal health.
(ll) RABIES VACCINATION. The injection administered by a licensed and accredited veterinarian, of a dog, cat or other
animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Board of Animal Health.
(mm) RESTRAINT. Any animal secured by a leash or lead, or under the physical control of the animal's owner or owner’s
designated agent, or within the real property limits of its owner.
(nn) RIDING SCHOOL or STABLE. Any place which has available for hire, boarding or riding instruction, any horse, pony,
donkey, mule or burro.
(oo) RODEO. A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest or bull riding.
SBACC – South Bend Animal Care and Control
"Severe injury" means any physical injury to a human being or domestic pet or domestic livestock that results
in multiple bites, broken bones, muscle tears or disfiguring lacerations or requires multiple sutures or corrective
or cosmetic surgery.
(pp) SERVICE DOGS. Dogs certified to assist people with special needs.
(qq) SHELTER MANAGER. The Shelter Manager for the Division of South Bend Animal Care and Control of the South
Bend Department of Code Enforcement.
Stray means any animal that is not under restraint and/or upon reasonable inquiry by an animal control officer does not
appear to have an owner. This section does not apply to free-roaming and/or community cat(s) as defined in this
chapter.
"Tether" means attaching a domestic pet to a stationary object or pulley run by means of a chain, rope, tether, cable, or
similar restraint. "Tether" does not include the use of a leash to walk a domestic pet.
"Trap-neuter-return" is a management technique in which homeless, free-roaming (community)
cats are humanely trapped, evaluated and sterilized by a licensed veterinarian, vaccinated against
rabies, and then returned to their original habitat.
(rr) VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for the purpose of
hospitalization of animals or the diagnosis and treatment of diseases and injuries of animals.
(ss) VICIOUS ANIMAL. Means any of the following:
(1.)Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or
domestic pet.
(2.)Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its
owner/guardian has been notified of this determination, continues the potentially dangerous behavior, as
defined herein or is maintained in violation of Chapter 5 of this title.
(tt) WILD ANIMAL. Any living vertebrate animal normally found in the wild state.
(uu) ZOOLOGICAL PARK. Any permanent facility or operation other than a pet shop, displaying or exhibiting one or
more species of non-domestic animals, operated by a person, partnership, corporation or government agency.
(Ord. XXXXXX)
§ 5.002 PROVISIONS ARE SUPPLEMENTAL TO STATE, CITY, AND COUNTY LAWS.
The provisions of this chapter supplement all laws of the state and county ordinances covering the same subject matter.
(Ord. XXXXXX)
§ 5.003 SECTION PENDING SCHEDULE OF FEES FOR DEPARTMENT OF ANIMAL CONTROL.
(a) The fee schedule for the Department of Animal Control is hereby approved and ratified as follows:
Return to Owner Fee
First redemption $15
Second redemption $50
Third redemption $75
Fourth redemption (and subsequent) $100
Daily boarding fee after legal hold* $10
Prophylactic Vaccination & Dewormer $5
Pain Medication/Antibiotics $2/dose
Flea Treatment $10/dose
Rabies vaccination reimbursement $25
Pick-up of an owned animal $40
Euthanasia by request of owner $20
10 day quarantine (per day/cat) $10
10 day quarantine (per day/dog) $15
Microchip fee $20
Adoption (dog)** $85
Adoption (puppy)** $100
Adoption (cat)** $65
Small animals $5
Comment [MF1]:
Are these all adoption fees?
Can we organize the table to make it grouped by
type of fee?
Small bird $10
Rabbit $10
Large bird or exotic bird $75
Small reptile $10
Medium or Large reptile $40
Protective Custody Impound Fee
Reasons of fire, death, accident, acts of God, n/c for first three days
etc. then $10 per day for a cat
$15 per day for a dog
Reasons of arrest, seized for abuse, $10/day for a cat $15 per
cruelty, abandonment, court case holds, etc. day for a dog
Replacement pet registration (all $5
classifications)
UPS shipping of biting animals for testing by $20
state
*Owner's request that Animal Control hold stray animal longer than the three day stray period must be approved by
management.
** Adoption fees may be reduced based on available grants or special programming.
(b) Fees will be waived only at the discretion of management/supervisory personnel.
(c) Two copies of said fees are available for inspection in the office of the City Clerk and are incorporated herein by
reference.
(Ord. XXXXXX)
ANIMAL CARE RULES AND REGULATIONS
§ 5.015 ADEQUATE SHELTER, FOOD AND WATER TO BE PROVIDED.
Every owner or keeper of an animal kept in the consolidated city and county shall see that such animal:
(1.)Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own
excrement; the person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or
health and sanitation problems, maintain all animal areas or areas of animal contact;
(2.)Has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable
drinking water where appropriate, shelter 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.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.016 NECESSARY MEDICAL CARE AND OR GROOMING NEEDS
(a) Any animal deemed by SBACC staff 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.
(b) Any animal requiring grooming deemed by SBACC staff to maintain humane standards of care must show proof such
grooming has been completed.
(Ord. XXXXXX)
§ 5.017 REMOVAL OF EXCREMENT.
Persons responsible for an animal shall immediately remove the animal's excrement from public lands or from the
property of another, excepting a person working with a certified service dog.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.018 LIVESTOCK.
No person shall keep livestock in the city limits unless permitted by and in full compliance with Chapter 5 of this code.
(Ord. XXXXXX) Penalty, see § 5.999
Sec. 5.0181 Urban chicken regulations.
(a) "Urban Chicken" means a chicken living in the city limits officially known as gallus domesticus, which is a domestic
bird. It does not include other fowl, such as, but not limited to roosters, peacocks, turkeys or waterfowl. Urban
chickens are governed by the zoning regulations set forth in Section 21-02.11 of this Code addressing Residential
District zoning regulations.
(b) "Chicken coop" also referred to as chicken pen means an enclosure or enclosed structure used for housing urban
chickens which provides shelter from the elements which must meet the standards set forth in Section 21-02.11 of
this Code.
(c) "Chicken flock" means more than one (1) urban chicken which:
(1) Contains no more than six (6) hens and no roosters; and
(2) Is issued a permit pursuant to Section 21-02.11 of this Code.
(d) "Chicken pen" means an enclosure that must meet the standards set forth in Section 21-02.11 of this Code.
(e)
Anyone desiring to raise urban chickens within the city limits must file an application for an Urban Chicken Permit
with the Division of Animal Care and Control in the Department of Code Enforcement and pay an annual filing fee of
twenty dollars ($20.00), if provisions for the chickens are deemed acceptable after inspection by the Division of
Animal Care and Control and the application is approved. If the application is approved, the owner/harborer of the
chickens will receive a durable metal tag, which must be affixed in plain view to the chicken coop. At the end of each
calendar quarter, the Division of Animal Care and Control shall provide to the Office of the City Clerk an electronic
report summarizing: the residential street location, number of urban chickens at each such location, size of the
chicken coop and size of the chicken pen for each location which has been issued such a permit. The Division of
Animal Care and Control may deny or revoke a permit to any person who has failed or refused to comply with the
permit requirements, who has made any fraudulent or false statement or material representation in the permit
application or in connection with the keeping of urban chickens, who has violated a state or any provision of this
Code in connection with the application or keeping of urban chickens or who has 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. Upon denial or revocation of a permit, the Law Department shall provide notice to the permit applicant or
holder and shall provide for a written appeal and hearing pursuant to the procedures in Section 4-16 of this Code.
(f) Anyone desiring to raise urban chickens within the city limits must comply with the animal care regulations set
forth in this Chapter 5, and the requirements applicable to chickens incorporated into Chapter 21 of this Code.
(g) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of
Code Enforcement shall also comply with the duties set forth in Subsection 5-49(d) of this Code in carrying out the
duties set forth in this Section which require the filing of a summary list of all warning notices and citations issued
by the last Friday of each month with the Law Department the Chairperson of the Health and Public Safety
Committee, the Chairperson of the Residential Neighborhoods Committee, the Office of the City Clerk, and the
Animal Control Commission.
(Ord. No. 10213-13, § II, 1-14-13)
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Section 5.0182 HONEY BEE KEEPING REGULATIONS
Sec. 5-50. Legislative findings.
Sec. 5-51. Definitions.
Sec. 5-52. Honey bee keeping public safety regulations.
Sec. 5-53. Compliance required; penalties.
Sec xxxx. 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.
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(c) The regulations set forth in this Article are in the best interests of the health, safety and welfare of the city.
(Ord. No. 10241, § II, 7-8-13)
2
IC § 36-1-4-11 authorizes a city to pass, codify and enforce ordinances; and IC § 36-1-3-2 grants to cities "...all the
powers that they need for the effective operation of government as to local affairs".
Sec. xxx. Definitions.
As used in this Article, the following words, terms and phrases shall have the meanings set forth herein:
Apiary: The assembly of one (1) or more hives or colonies of honey bees at a single location.
Beekeeper: A person who keeps honey bees in hive(s) which meet state approved requirements.
Bee keeping equipment: Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and
bottom boards and extractors.
City: City of South Bend, Indiana.
Colony: The entire honey bee family or social unit living together including the queen, workers and drones.
Flyway barrier: Fencing, dense hedging or a combination of the two, which provides a shield or protective barrier
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from the direction in which the honey bees fly when approaching or leaving a hive.
Hive: A frame or structure used or employed as a domicile for honey bees which meet state approved
requirements.
Honey bee: 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.
Lot: 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:
(1) A single lot or record; or
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(2) A combination of complete lots of record.
(Ord. No. 10241, § II, 7-8-13)
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Flyway barriers assist in deterring honey bees from contact with humans and domesticated animals.
4
South Bend Municipal Code § 21-11.02 sets forth the zoning definition for "lot".
Sec. xxxx. Honey bee keeping public safety regulations.
(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.
(b) No hive shall exceed seventeen (17) cubic feet in volume.
(c) Location requirements:
(1) Where a lot has a fence, hives must maintain a four foot (4') radial distance from the property line as
measured from the center of the hive.
(2) Where a property does not have a fence, hives must maintain a four foot (4') radial distance from the lot line
as measured from the center of the hive. The beekeeper must also install a flyway barrier no further than four
feet (4') in front of the hive entrance.
(3) In no event shall a hive be located closer than ten feet (10') from a public sidewalk.
(4) Colonies may be kept on flat roofs without setback or flyaway barrier restrictions.
(5) 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 § 21-02.11 and apiary practices.
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(6) A fresh supply of water shall be provided for all hives.
(d) 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 State of Indiana's Apiary Inspector(s) with
the Indiana Department of Natural Resources Department of Entomology Division of Entomology and Plant
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Pathology Purdue University being recognized on the official State of Indiana website.
(Ord. No. 10241, § II, 7-8-13)
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A fresh supply of water for honey bees deters honey bees from congregating at swimming pools, pet water bowls,
birdbaths or other water sources where they may cause human, bird or domestic pet contact; so long as it does not
become stagnant.
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A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in.gov/dnr/entomolo/files/ep-
indiana_beekeeping_information.pdf
Sec. xxxx. 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) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code
Enforcement which provides for a fine of seventy-five dollars ($75.00) per violation payable through the Ordinance
Violations.
(c) Each violation shall constitute a separate and distinct offense. Every day any violation of this Article shall continue
shall constitute a separate offense.
(d) 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.
(Ord. No. 10241, § II, 7-8-13)
§ 5.019 RESTRAINT OF ANIMALS.
All animals that are the property of an owner/guardian shall be properly restrained as defined in this chapter.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.020 FASTENING ANIMALS WITH ROPE OR CHAIN; CHOKER COLLAR.
(a) No animal shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the animal's neck. If
animals must be tied, hitched or fastened:
(1.)The length of the rope, chain, or cord must be no less than three (3) times the length of the animal and of an
appropriate length for the animal to move freely without risk of injury; and
(2.)The weight of the rope, chain or cord is light enough to permit the animal to move freely without risk of injury;
and
(3.)The collar and rope, chain, or cord cannot cause the animal to choke; and
(4.)A properly fitted collar or harness made of leather or nylon, not of the choker type is worn by the animal.
This is not to prohibit the proper use of choker collars in the training of animals; and
(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; and
(6.)The location of the anchor and the length of the rope, chain, or cord, cannot cause the animal to become
tangled, choke, or become injured; and
(7.)The animal must have access to water and shelter at all times.
(b) No person shall chain their dog using an agitation collar; a collar exceeding 1½ inches wide for any dog under 60
pounds. Dogs over 60 pounds shall not be tethered using a collar exceeding 2 inches in width.
(c) A person shall not tether an animal in a manner that permits the animal to leave the person's property.
(d) Tethering. It shall be unlawful:
(1.)For any dog to be tethered between the hours of 11:00 p.m. and 6:00 a.m.
(2.)To tether any unsterilized dog for any period of time.
(3.)To tether or confine a dog at a vacant structure or premises for any purpose when it is not monitored by an
adult who is present at the property for the duration of such tethering or confinement.
(4.)To tether a dog under six months of age.
(5.)For more than three dogs to be tethered simultaneously at the same residence.
(6.)To have contact between tethered dogs.
(7.)For tethered dogs to be within three feet of another person’s property, public thoroughfare, and/or right-of-
way.
(8.)To tether a dog without access to adequate shelter at all times.
(e) Multiple tangling during tethering. If one or more dogs at a residence have required a response from Animal Control
to untangle tethers more than two times in one year, it shall be a violation of this section.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.021 CRUELTY TO ANIMALS
(a) No person shall beat, cruelly treat, neglect, torment, overload, overwork, or otherwise abuse any animal except that
reasonable force may be employed to drive off vicious or trespassing animals.
(b) No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard
to the animal. Conditions include but are not limited to extreme temperatures (hot/cold), hazardous material,
confinement, or lack of provisions which jeopardizes the safety of the animal.
(c) No person shall transport any animal in an unenclosed truck bed or open portion of any vehicle unless the animals is
enclosed in a cage which is securely fastened to the vehicle.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.022 Companion Animal Hoarding
It shall be a violation of this section to be an Animal Hoarder as defined in this chapter.
§ 5.023 ANIMAL FIGHTS PROHIBITED.
(a) No person shall permit or conduct any dogfight, cockfight, or other combat between animals or between animals and
humans.
(b) No person shall possess animal fighting paraphernalia AND a dog, cock, fowl, or bird bearing a scar, wound or injury
consistent with animal fighting.
(c) No person shall attend an animal fighting contest.
(d) No person shall sell, purchase, own, harbor, give away, barter, breed, or possess any animal for animal fighting.
(e) No person shall permit anyone to use any building, shed, room, yard, ground, premises, vehicle or property, whether
enclosed or not for the purpose of animal fighting.
(f) No person shall aid, abet, assist, act as judge or referee, bet or wager money or other valuable consideration on the
outcome of, be at, attend, or in any way engage in the furtherance of, an exhibition of animal fighting.
(g) Each animal affected by the defendant's conduct may constitute a separate count for the purposes of prosecution,
convictions, sentencing and penalties under this section.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.024 PROHIBITED ANIMAL EVENTS.
No person or group of persons or any organization, whether for pay or 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.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.025 POISONOUS BAIT.
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, commons, yards, or other places, whether public or private, within the City so that it
shall be likely to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his own
property common rat or mouse poison, unmixed or mixed only with vegetable substances, or substances for the
eradication of termites or similar insects.
(Ord. XXXXXX) Penalty, see § 5.999
5.0251 ENTICEMENT OF ANOTHER PERSON'S ANIMAL.
(a) It shall be unlawful for a person, not so authorized, to enter or invade the private premises of another person in the
city to capture, entice, or take any animal out of the enclosure or premises of the owner, or to seize an animal at any
place while such animal is accompanied by its owner or keeper.
(b) Except as expressly authorized in this chapter, it shall be unlawful for a person to entice any animal away from the
premises of the person who owns or keeps such animal in the city, or to entice an animal from a street, alley or public
place in the city with the intent to deprive the owner of the animal's possession.
(c) It shall be unlawful for a person to bring into the city an animal for the purpose of its impoundment, or the collection
of any fee or reward for its return, except as provided in this chapter.
(Ord. XXXXXX) Penalty, see § 5.999
5.0252 INTERFERENCE WITH ANOTHER PERSON'S ANIMAL.
It shall be unlawful for a person to feed, tease, tantalize, molest, or provoke any animal in the city without the express
consent of the animal's owner, if any, while the animal is on the owner's property or under the owner's control. A
person who violates this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine
imposed for any such violation shall not be less than fifty dollars ($50.00).
(Ord. XXXXXX) Penalty, see § 5.999
5.0253 OFFENSIVE USE OF ANIMAL.
It shall be unlawful in the city for a person willfully to deposit a live or dead animal upon public or private premises not
owned by that person, or willfully to throw a live or dead animal against any other person, or aid or abet another person
in doing so.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.026 ABANDONMENT.
It shall be unlawful for a person to abandon or cause to be abandoned any animal on public or private property in the
city, and a violation of this section shall be punishable as provided in section 5.999 of this Code; provided, however, a
fine imposed for any such violation shall not be less than five hundred dollars ($500.00). Actions taken by colony
caretakers in accordance with this chapter shall not be considered abandonment of an animal.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.027 TRAPPING.
Animal traps; requirements and prohibitions. Managed free-roaming cats.
(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 in the city.
(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 which causes the trapping or capturing of any animal in any manner by which the animal is not either
captured painlessly or killed instantly upon any land or waters in the city.
(3.)It shall be unlawful for a person, having placed a lawful trap, snare or similar device in the city, to capture
wildlife, to fail to inspect and empty it at least once during every twenty-four-hour period.
(4.)It shall be unlawful for a person, having placed a lawful trap, snare or similar device in the city, to capture free-
roaming cats for the purpose of trap, neuter, return or other medical care, to fail to inspect and care for the
captured free-roaming cat a minimum of every two hours to ensure the safety of the cat(s).
(5.)It shall be unlawful for a person to remove an animal in the city from any trap not on the person's property,
unless such person has the express permission of the property's owner to do so
(6.)The animal care and control division or its designee, in order to encourage the stabilization of the free-roaming
cat population in the city, may:
a.Trap any free-roaming cat in a humane manner;
b.Have the cat surgically sterilized, ear-tipped, and vaccinated against rabies by a licensed veterinarian;
and
c.Release the cat to animal care and control for adoption or other disposition in accordance with law, or
to a colony caretaker who will maintain the cat as part of a managed colony of community cats. Cat
must be returned as close as possible to its location of capture.
(7.)The enforcement authority may impound free-roaming cats in violation of this chapter and dispose of the cats in
accordance with Section 5.107. Any community cat impounded by the enforcement authority that bears an
appropriate ear-tipping indicating it belongs to a managed colony shall be returned to its managed colony unless
illness or injury presents imminent danger to the animal.
(8.)Traps discovered by the Department of Animal Control to have been unlawfully set in the city may be seized.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.028 PUBLIC NUISANCE ANIMALS.
No person shall own or harbor a public nuisance as defined in this chapter.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.029 ANIMALS AS PRIZES OR INDUCEMENTS
(a) No person shall sell, offer for sale, trade, barter, or give away any live animal as a prize.
(b) No animal shall be used as an inducement to enter, a place of amusement or any business establishment other than
establishments whose primary business is selling animals except for domesticated pets.
(c) Governmental agencies or registered rescue groups maintaining a 501c3 providing health, safety, or adoption
promotions will be exempt from the provisions of subsection A as described above. Any events as listed in A will require
necessary permits and inspection.
(d) Patron contact with exotic and/or dangerous animals prohibited.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.030 DYEING OR STAINING ANIMALS; ANIMALS AS NOVELTIES.
(a) It shall be unlawful for a person to sell, trade, barter, or otherwise dispose of any animal whose appearance has
been artificially or chemically colored, sprayed or painted.
(b) No person or establishment shall sell, offer for sale, barter, or give away animals as novelties.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.031 INJURY CAUSED BY MOTOR VEHICLE TO ANIMALS.
Any person operating a motor vehicle who causes injury or death to an animal shall stop at once, assess the extent of
injury, and immediately notify the owner or animal control shelter of the location of animal or call the police or
emergency services after hours.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.032 LOST OR STRAY ANIMALS.
(a) Persons finding a stray animal are to notify the Department of Animal Control within 24 hours (or within the next
business day). At the discretion of the department, the animal may be kept by the finder and a found report left with the
department, to enable the finder an opportunity to return the animal to its rightful owner.
(b) Upon demand by the Department of Animal Control, any found animal will be surrendered to the department and
held for three business days, before a disposition is made.
(c) Persons finding an animal are 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 awaiting return to its actual owner.
(d) With the exception of the SBACC, the finder will be considered the found animal's owner for the purposes of this
chapter only after the animal is in the finder's custody for 15 continuous days and has been presented for microchip
scanning.
(Ord. XXXXXX)
§ 5.033 DANGEROUS ANIMALS PROHIBITED
(a) If an animal control officer or a law enforcement officer has investigated and determined that there exists probable
cause to believe that an animal is potentially dangerous or vicious, the Shelter Manager of Animal Care and Control shall
request a hearing by the animal control commission for the purpose of determining whether or not the animal in
question should be declared potentially dangerous or dangerous.
(1.)Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis
for finding probable cause shall be sworn to and verified by the complainant and shall be provided to the animal
control commission.
(2.)The hearing will be held within 10 calendar days at a special meeting of the animal control commission and shall
be open to the public.
(3.)The owner/guardian of the animal shall be served with notice of the hearing by certified mail or in person. Such
notice shall include a summary of the complaint against the owner/guardian of the animal(s) involved.
(4.)The Shelter Manager of Animal Care and Control shall notify the owner/guardian of the animal of the date and
time of such hearing, at which time he or she may present evidence as to why the animal should not be declared
potentially dangerous or vicious.
a.Such evidence may include eyewitness testimony of the incident; or
b.Evidence that the action of the animal and the damage sustained by the person or other animal could
have reasonably been expected to occur given the circumstances of the event. Such circumstances may
include, but are not limited to: willful trespass upon the owner/guardian's property; teasing, tormenting,
abusing or assaulting the animal; and/or attempted abuse or assault upon the owner/guardian.
(5.)The animal control commission may consider all relevant evidence, including incident reports, affidavits of
witnesses, photographs and/or video media, and whether the incident reasonably indicates whether or not the
animal in question is potentially dangerous and/or vicious in ordinary circumstances where the average person
could not reasonably be expected to foresee and take measures to prevent injury.
(6.)If the owner/guardian of the animal fails to appear at the hearing, the Animal Control Commission may find
owner/guardian in default, and all ownership rights of the animals shall be assumed waived.
(7.)After the hearing, the owner/guardian of the animal shall be notified in writing of the determination by certified
mail or in person.
a.If a determination is made that the animal is potentially dangerous or vicious, the owner/guardian shall
comply with this section's requirements for restraint in accordance within seven (7) days after the date
of the determination.
b.An animal determined to be vicious may be destroyed by the City of South Bend Division of Animal Care
and Control when it is found by the animal control commission that the release of the animal would
create a significant threat to the public health, safety, and welfare.
c.If it is determined that an animal found to be vicious shall not be destroyed, the animal control
commission may impose reasonable conditions upon the ownership of the animal that protect the
public health, safety and welfare.
d.Decisions of the animal control commission are subject to appeal to the Circuit Court of St. Joseph
County. The Owner/Guardian of the animal(s) must do so within 10 calendar days, or they will waive
their right to the appeal, and all decisions will be considered final. The Owner/Guardian must also notify
the Animal Control Commission of their decision to appeal in writing, which will then be forwarded to
the Legal Department for the City of South Bend.
(b) If, upon investigation, it is determined by the animal control officer or law enforcement officer that probable cause
exists to believe the animal in question poses an immediate threat to public safety, then the animal control officer or
law enforcement officer may seize and impound the animal pending the hearing to be held pursuant to this section. The
owner/guardian of the animal shall be liable to the City of South Bend Division of Animal Care and Control where the
dog is impounded for the costs and expenses of keeping the animal, if the animal is later declared potentially dangerous
or vicious.
(c) A potentially dangerous animal, while on the owner/guardian's property, shall, at all times, be kept indoors, or in a
secured enclosure that is enclosed on all five sides and is anchored to the ground from which the animal cannot escape,
and into which children cannot trespass. A potentially dangerous animal may be off the owner/guardian's premises only
if it is restrained by a substantial leash, of no more than six feet in length, and if it is under the control of a responsible
adult.
(d) An animal that has been declared vicious may not be kept on a porch, patio or in any part of a house or structure that
would allow the animal to exit such building on its own volition, except to a secured enclosure. When outside, all vicious
animals must be confined in a secure enclosure, that is enclosed on all five sides and is anchored to the ground from
which the animal cannot escape, except when necessary to obtain veterinary care, or in cases of emergency where the
situation would endanger and/or threaten the health and welfare of the animal.
(1.)All such enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition.
(2.)The enclosure shall have secure sides and a secure top and bottom to prevent the animal from escaping over,
under, or through the structure, and shall be anchored to the ground to prevent escape.
(3.)The enclosure shall be kept locked at all times to prevent unintentional opening.
(4.)The enclosure shall include suitable shelter and protection from the elements, and shall provide adequate
exercise room, light, ventilation, and sanitation.
(5.)The enclosure shall be inspected and approved by the City of South Bend Division of Animal Care and Control
prior to its usage for confinement.
(6.)Whenever necessity requires a vicious animal to be outside of the enclosure, the animal shall be securely
muzzled and restrained by a leash not exceeding three feet in length, with handgrip, and shall be under the
direct control and supervision of the owner/guardian of the animal.
(7.)That the owner/guardian shall maintain a liability insurance policy of no less than $300,000 for the animal.
(8.)The animal must also be identifiable via a microchip implanted in to the skin of the animal, and such microchip
number must be provided to the Division of Animal Care and Control.
(e) The owner/guardian of a potentially dangerous or vicious animal shall display clearly visible warning signs on all entry
points to the premises on which the animal is maintained warning that a potentially dangerous or vicious animal is being
harbored on such property. In addition, at least one sign shall be posted on the enclosure in which the animal is
maintained. Signs must inform both children and adults of the presence of a potentially dangerous or vicious animal on
the property and be viewable from the public way and neighboring property from a distance of at least fifty feet.
(f) Any animal classified as potentially dangerous or vicious shall not be used for breeding and shall be altered by a
licensed veterinarian within fourteen (14) days of such classification unless:
(1.)A licensed veterinarian certifies in writing that the animal is incapable of reproduction; or
(2.)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.
(g) If the animal in question dies, or is sold or transferred, the owner/guardian shall notify the City of South Bend
Division of Animal Care and Control of the changed condition and new location of the animal in writing within two
business days.
(h) Any violation of the above provisions and/or restrictions placed on the owner/guardian by the Animal Control
Commission will result in immediate impoundment of the animal, fines to be issued in accordance with 5.999 of this
Chapter, and ownership rights in the animal be immediately waived. The City of South Bend Animal Care and Control
may also seek injunctive relief in a Court of Law against the owner/guardian and seek prohibition of ownership of
animals for a time period deemed necessary by the Court.
(i) An owner/guardian may submit one request for reconsideration per year to the animal control commission to have
the designation of potentially dangerous or vicious removed from his or her animal.
(1.)The application must be in writing.
(2.)The application must be given to the City of South Bend Division of Animal Care and Control
(3.)The application shall include detailed information about how the change in circumstances or measures taken by
the owner/guardian, such as obedience and/or behavior modification training of the animal, have mitigated the
risk to public safety.
(4.)The animal control commission may hear evidence, both pro and con, as to whether and why the designation
should or should not be removed.
(5.)There shall be no complaints of a valid nature at the address of the owner/guardian regarding this animal or any
other animal.
(6.)The animal control commission may make a decision to remove or not to remove such designation.
(Ord. XXXXXX)
§ 5.034 BITING ANIMALS; REPORT; PROCEDURE.
(a) Owner or harborer of any animal which has bitten a person or another animal must report the incident to the
Department of Animal Care & Control and immediately make the animal available for quarantine. Upon receiving the
report of a bite, Department of Animal Care & Control will quarantine the animal for 10 days with the place of
confinement to be in the discretion of the Department of Animal Control. During the quarantine period, the animal is to
be securely confined and kept from contact with any other animal or person.
(b) During the quarantine period, the owner must provide a current rabies vaccination certificate for his or her cat or
dog that is being quarantined. If proof of vaccination cannot be supplied, the animal will be vaccinated by a veterinarian
at the owner's expense before after release, and the owner must provide ACC with 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 the shelter, a microchip shall be implanted in it prior to its release from
quarantine. The animal shall be registered for its life with the Department of Animal Control. 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 the shelter, as determined by the Department Of Animal
Control, a microchip shall be implanted in it within 30 days following the animal's release
from quarantine. The animal shall be registered for its life with the Department of Animal Control. The cost of
the implant and registry shall be at the owner's expense.
(3.)The microchip, used for these quarantine provisions, shall be numbered. This number will provide entry into a
data base that contains the animal's bite history. The microchip shall be contained in a sterilized implanting
device and shall be individually packaged.
(4.)The microchip and its corresponding registration history shall be considered prima facie evidence for any future
dangerous animal determination in accordance with § 5.033, dangerous animals.
(c) No person other than an Animal Control Officer or veterinarian shall kill or cause to be killed any animal suspected of
being rabid except in cases of immediate self-protection. If that occurs, the person will retain the body and immediately
notify the Department of Animal Control.
(d) Violations of these quarantine provisions shall constitute a Class A offense and may subject the responsible party to
civil penalties under § 5.999.
(Ord. XXXXXX)
Exotic Animals and Native Wildlife
§ 5.035
(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 division (c) below.
(c) This section shall not apply to permitted zoological parks or zoos, educational, or medical institutions.
(d) Any animal found in violation of this section may be seized immediately.
(e) The animal will be held in protective custody for seven calendar days to allow an owner to locate a new and
appropriate owner or housing for the animal outside the city limits. If no arrangements have been made in seven
calendar days the animal will become the property of the city and disposition may be made at that time.
(f) Costs. The owner of any animal, which is impounded and/or euthanized or relocated under this section, shall be held
responsible for payment of any expenses so incurred by the Department of Animal Control. Fees will be paid prior to
release or relocation of the animal.
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 for the purpose of rehabilitation or
rescue shall not be any less than twenty feet from neighboring property. Disease vectors such as raccoons and opossums
are not permitted to be rehabilitated inside South Bend City limits.
(g) Grandfather clause. Wolf-hybrids owned or harbored under this section, at the time of passage, must be registered
with the Department of Animal Control within 60 days of passage and shall be exempt from this section. Wolf-hybrids
must have no bite history in order to be exempt. If any wolf-hybrid bites, or has previously bitten, a human or an
animal, the wolf-hybrid will no longer be exempt from this section. All wolf-hybrids registered under this section shall
be spayed or neutered and microchipped at the owner's expense prior to registration. Wolf-hybrids not registered
within 60 days of passage of this division will not be exempt from this section.
Penalty, see § 5.999
(Ord. XXXXXX)
§ 5.036 TRAINING METHODS.
No animal may be induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual
devices in a manner which will cause or is likely to cause physical injury or suffering.
(Ord. XXXXXX) Penalty, see § 5.999
§
5.037 DESTRUCTION OF ANIMALS.
All animals impounded by South Bend Animal Care and Control, a public or private sheltering agency or rescue group
shall be killed, only when necessary and consistent with the requirements of this Act, by lethal intravenous injection of
sodium pentobarbital, except as follows:
(1) intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous
injection is not possible for infant animals, companion animals other than cats and dogs, or in comatose animals with
depressed vascular function.
(2) intracardiac injections may be used only when intravenous injection is not possible for animals who are completely
unconscious or comatose, and then only under the direction of a veterinarian.
(a) No person other than a duly authorized agent of the animal control shelter may destroy any domestic animal within
the city limits; provided, however, this provision shall not apply to the following:
(1.) A licensed veterinarian,
(2.) A veterinary staff member under the direct supervision of a veterinarian
(3.) Those persons acting in immediate self- protection,
(b) The Department of Animal Control, other animal shelters, and/or public animal facilities which destroy animals in the
city, shall use only sodium pentobarbital or a derivative substance for said purpose.
(c) The duly authorized animal control agent(s) must be trained in humane procedures by a licensed veterinarian or a
registered veterinary technician and shall perform the destruction of animals in a humane manner as specified by the
AVMA’s Guidelines for Euthanasia. Said person(s) must have letter from a licensed veterinarian citing their competency
in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis.
(d) No animal's body shall be disposed of until all vital signs are checked (fixed pupil, cessation of heartbeat and
respiration) to assure that death has occurred.
(A) No animal shall be allowed to witness any other animal being killed or being tranquilized/sedated for the purpose of
being killed or see the bodies of animals which have already been killed.
(B) Animals shall be sedated/tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious
animals, to ensure staff safety, except as follows:
(1) neuromuscular blocking agents shall not be used as sole agent.
(C) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be
permitted to drop or otherwise collapse without support.
(D) An animal may not be left unattended between the time procedures to kill the animal are commenced and the time
death occurs, nor may the body be disposed of until death is verified.
(E) Verification of death shall be confirmed for each animal in all of the following ways:
(1) by lack of heartbeat, verified by a stethoscope;
(2) by lack of respiration, verified by observation;
(3) by pale, bluish gums and tongue, verified by observation; and
(4) by lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is
shined on it.
(e) Sufficient funds shall be appropriated in each annual budget of the city for personnel, drugs, equipment, and facilities
necessary to administer humane destruction of animals as specified in this subchapter.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.038 HABITUAL ANIMAL OFFENDER.
(a) It shall be unlawful to be a habitual animal offender. For the purposes of this section, a HABITUAL ANIMAL
OFFENDER shall mean any animal owner or harborer, who within any two- year period is cited with three or more
violations of animal care regulations of this chapter. The controlling date is the date of each animal ordinance violation.
(b) If upon investigation by an Animal Control Officer it is found that an owner and/or harbor meets the definition of a
Habitual Offender, the matter will be set for hearing before the Animal Control Commission.
(c) If found to be a habitual animal offender the Animal Control Commission may order a limit, restriction, or prohibition
against animal ownership for a minimum of five years or more as determined by the Animal Control Commission based
on the totality of the circumstances of the violations observed.
(Ord. XXXXXX)
REGISTRATION AND COMMERCIAL PERMITS
§ 5.050 PET REGISTRATION REQUIRED; EXCEPTION; TAGS; MICROCHIP IMPLANT.
(a) Any person owning, keeping, harboring or having custody of any dog or cat over the age of five months must obtain a
pet registration for such animal; provided, however, that no pet registration shall be required of any animal welfare
organization, municipal animal control facility or governmental agency, or guide dog.
(b) A durable tag stamped with registration number will be provided to pet registration holders the first time the dog or
cat is registered. Each subsequent year, the dog or cat must be registered; however, a new tag will not be issued. The
registration will be on file with SBACC and proof of payment/registration will be provided to the owner. Dogs and cats
should wear their tags at all times on their collars, except when involved in any organized show, obedience
demonstration, training situation or under the care of a licensed veterinarian.
(c) Any person owning any dog or cat which has been implanted with a microchip shall transfer the microchip
documentation with the Department of Animal Control and national registry upon sale, trade, barter, gift or transfer of an
animal. Any animal received by South Bend Animal Care and Control with an untraceable tag or microchip due to an
owners failure to keep contact information current for tracing with Animal Control, a national registry, or the veterinarian
will be held three business days prior to disposition.
(d) Annual pet registrations are non- transferable.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.051 APPLICATION FOR REGISTRATION OR PERMITS.
(a) Application for registration or permits may be made at the Department of Animal Control or designated facility, or by
mail, and shall include the name, address of applicant, type of permit applied for, number and description of animal(s),
information regarding sterilization, a list of all vaccinations administered, if known; the date and type of vaccinations and
the name of the person, business, or entity who administered them, if known, a record of any known disease, illness or
condition with which the animal is or has been afflicted; and record of any veterinary treatment or medication received by
the animal and appropriate fee.
(b) Registration and permits are to be issued for a term of one year, commencing with the date of issuance. Microchip
implants may be registered for the life of the animal with the Department of Animal Control. Owners must contact the
Department of Animal Control with changes of address or telephone. Failure to keep contact information current may
result in the inability of the department to contact an owner. Animals will be held three business days prior to
disposition. The Department of Animal Control will consider the registered microchip and/or tag owner to be the legal
owner.
(c) Upon issuance, the Department of Animal Control shall issue a registration or permit in written form, which includes
the number of the registration or permit and the type of registration or permit. In addition, the Department of Animal
Control shall issue a durable tag stamped with registration number to pet registration holders the first time the dog or
cat is registered. Additionally, a durable tag will be issued for an animal that has received a microchip implant upon
national registration by the pet owner. The tag will have a corresponding number to that of the implanted microchip and
will display a national, toll free, 24 hour, seven days per week telephone number for the purpose of animal and owner
identification.
(d) The Department of Animal Control shall maintain records of the identifying registration/ permit number.
(e) It shall be unlawful for any owner of any dog or cat to fail to provide any dog or cat over the age of five months with
current pet registration as provided in this section. The owner of any dog or cat, which dog or cat is over the age of three
months, must also have in his possession a current rabies vaccination tag showing that such animal has been vaccinated
against rabies as otherwise provided in §5.075. 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 30 days in which to
obtain the permit required by this chapter.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.052 FEES.
In addition to all other fees required by law to be paid, the following fees shall be paid:
(a) Pet Registration. For the year 2014, and each year hereinafter, which shall commence on January 1 and end
December 31:
(1.)Annual - Each altered dog or cat, age 6 months or older - $15.00
(2.)Annual - Each unaltered dog or cat, age 6 months or older - $30.00
(3.)Replacement tags - $5.00
(4.)Late fee applied to renewal more than 30 days past expiration - $5.00
(5.)Upon a written statement from a licensed veterinarian setting forth that the neutering of the animal shall
constitute a threat to the health of that animal, the payment of the permit fee for unaltered animal shall not be
required but the animal shall be classified as an altered animal for purposes of permit registration and
fees. Registration at the altered tag price under this section will constitute agreement not to breed the
animal. Doing so will result in fines.
(6.)Service animal exemption. A person who is impaired by:
a.Blindness or any other visual impairment;
b.Deafness or any other aural impairment;
c.A physical disability; or
d.A medical condition or any other condition governed by the Americans with Disabilities Act (ADA).
(7.)Senior citizen exemption. Any cat or dog owner 62 years of age or older who owns an altered animal may
receive his or her annual registration free of charge. However, if the animal of any such person has not been
spayed or neutered, the person who is 62 or more years of age shall pay the same permit fee and be subject to
the above pet registration fees and charges as otherwise required for any animal.
(b) Residential and Commercial Kennel/Cattery Permits. All of the following permits must be obtained and will be
reissued annually and all tags for animals registered under any permit will be issued with the permit.
(1.)Residential Kennel/Cattery Permit.
Comment [MF2]:
Brad please provide examples
of what this would be?
a.0 – 1 Unaltered - will require no special permitting other than city pet registration
b.2 – 3 Unaltered - $300.00 (All tags/individual animal registrations included.)
(2.)Commercial Kennel/Cattery (Based on declared capacity at business and requires zoning approval)
a.6 - 15 dogs/cats - $150.00
b.16 - 25 dogs/cats - $200.00
c.26 or more dogs/cats - $250.00
d.Each animal owned by the permit holder will be individually registered with the city; animals owned by
clients of a boarding business will be registered by the permit holder's clients.
(c) Grooming Shop Permit.
(1.)Fee - $100
(d) Major Breeder's Permit.
(1.)Fee - $200 plus any applicable kennel/cattery permit fee
(e) Minor Breeder's Permit.
(1.)Any owner or person having custody of a dog or cat which has been neutered within ten weeks after giving birth
to a litter or who turns the adult dog or cat over to the Department of Animal Control within ten weeks from the
birth date of the litter, will be required to purchase a Minor Breeder Permit at the rate of $10.
(2.)Any owner or person having custody of a dog or cat that has delivered a litter, who chooses not to relinquish the
animal to the Department of Animal Control and also chooses not to have the animal neutered, will be required
to purchase a Minor Breeder Permit at the rate of $100.
(3.)Plus any applicable kennel/cattery permit fee.
(f) Pet Shop Permit.
(1.)Fee for shop selling animals with the exception of unaltered cats and dogs of any age - $250
(2.)Fee for shop selling animals including unaltered cats and dogs of any age - $500
(g) Circus, Animal Concession, Animal Event, and Commercial Animal Exhibit Permits.
(1.)Fee - $100
(2.)Permits are to be issued for a term of one year, commencing with the date of issuance.
(3.)Prior to engagements, permit holders will furnish the Department of Animal Control with a schedule of dates
and times of exhibits or performances so the Department of Animal Control can perform periodic inspections.
(h) Omnibus Permit.
(1.)Fee - $300
(2.)This permit shall allow the holder to operate a kennel or cattery, grooming shop, or a pet shop.
(3.)The permit holder does not need to obtain individual permits in the aforementioned areas, but all requirements
for each of the aforementioned permits shall be met before the Omnibus Permit may be granted. Animals
owned as personal pets by the business owner or resident will not be considered registered under this permit.
(i) All permits will be issued after inspection approved by the Department of Animal Control, provided all requirements
of this chapter are met.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.053 APPEAL; RE-INSPECTION; DENIAL OR REVOCATION OF PERMIT.
(a) Any person who is denied a permit or whose permit is revoked may appeal the denial or revocation in accordance
with this section within 60 days of the date of the denial or revocation of the permit.
(b) The permit holder may request a re-inspection for permit reinstatement based on compliance or may appeal the
SBACC revocation. All requests for appeals must be in writing and addressed to the Director; whereupon, the Director
shall set the appeal for hearing within 45 days of the receipt of the written request.
(c) Upon re-inspection by SBACC following an appeal, a permit reinstatement fee of $50 will be required prior to
reopening.
(Ord. XXXXXX)
§ 5.054 KENNEL/CATTERY PERMITS.
(a) Any person owning or harboring more than one unaltered dog or one unaltered cat over the age of six months must
apply for a kennel/cattery permit.
(1.)A resident exceeding one intact animal on the property may apply for a residential kennel permit. Applications
will be followed by an inspection prior to issuance of the permit. Permits are valid for one year from date of
issue and are the residential kennel permit holder's responsibility to renew. Residential kennel permits require
eligibility and may be refused or revoked for cause.
a.Initial application eligibility requires no more than three unaltered pets, no outdoor housing in the
absence of the owner, suitable exercise space for the breed and number owned, no history of violations
with SBACC, and all animals current on vaccinations.
b.Cause for revocation may include but is not limited to: animals running at large, substantiated
neighborhood nuisance complaints, failure to maintain current permits, breeding without a breeders
permit and failing to maintain current rabies vaccine status.
(b) Any person engaging in boarding dogs or cats for compensation must apply for a kennel/ cattery permit.
(c) Grandfather Clause. Animals owned or harbored and exceeding the ownership limits of this section at the time of
passage of this law may be registered with the Department of Animal Control within 120 days of passage to be
exempted from ownership limits. Animals owned or harbored in excess of these limits and not registered within this
time frame will not be considered exempt.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.055 MAJOR BREEDERS PERMIT.
(a) A major breeder's permit shall be obtained by:
(1.)Any person who intentionally causes the breeding of more than one cat or dog or makes more than one cat or
dog available for breeding purposes in a 12-month period; or
(2.)Any person who offers for sale, sells, trades, receives other compensation or gives away more than one litter of
dogs or cats in a 12-month period; excepting a litter of dogs or cats taken to the Department of Animal Control;
(b) And such person shall:
(1.)Not allow the birthing of more than one litter per female dog or cat in a 12-month period; and
(2.)Furnish the Department of Animal Control with information on the birth of each litter of dogs or cats as may be
required by Department of Animal Control to register that litter of dogs or cats with Department of Animal
Control, and to be assigned a litter number for each litter; and
(3.)Further be required to register with the Department of Animal Control the name, address, and telephone
number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such
sale or transfer; and
(4.)Transmit to the new owner or buyer the litter number of the animal acquired, and the major breeder's permit
number in order that the new owner has assurance and proof that the animal was legally bred; and
(5.)Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal
taken to the Department of Animal Control) against common disease; in the case of dogs, against canine
distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against
feline rhinotracheitis, and panleucopenia; and
(6.)Not offer a puppy or kitten under the age of eight weeks for sale, trade, other compensation or for free
giveaway (except a puppy or kitten or litters of them taken to the Department of Animal Control); and
(7.)Furnish warrant of health for a period of not less than one week with recommendation to have examined by
licensed veterinarian for each animal sold.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.056 MINOR BREEDERS PERMIT; SALE OF UNDERAGE ANIMALS PROHIBITED
(a) A minor breeder's permit shall be obtained by:
(1.)Any person who intentionally or accidentally causes the breeding of a cat or dog or makes a cat or dog available
for breeding purposes;
(2.)Any person who offers for sale, sells, trades, receives other compensation or gives away any litters of dogs or
cats; excepting a litter of dogs or cats taken to the Department of Animal Control; 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,
who chooses not to relinquish the animal to the Department of Animal Control and also chooses not to have the
animal spayed or neutered shall cause the animal to be implanted with a microchip and to register this dog or
cat within 30 days of having received notice to accomplish this procedure from the Department of Animal
Control.
(b) And such person shall:
(1.)Be allowed to breed only one dog or one cat which results in the birthing of a maximum of one litter in a 12-
month period in his or any other domestic household or establishment or any combination thereof; and
(2.)Not be allowed to offer for sale, sell, trade, receive other compensation or give away more than one litter of
dogs or one litter of cats in a 12-month period; excepting a litter of dogs or cats taken to the Department of
Animal Control; and
(3.)Furnish the Department of Animal Control with information on the birth of each litter of dogs or cats as may be
required by the Department of Animal Control to register that litter of dogs or cats with the Department of
Animal Control, and to be assigned a litter number for each litter; and
(4.)Further be required to register with the Department of Animal Control the name, address, and telephone
number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such
sale or transfer; and
(5.)Transmit to the new owner or buyer the litter number of the animal acquired, and the minor breeder's permit
number in order that the new owner has assurance and proof that the animal was legally bred; and prohibits
the sale of underage puppy or kitten under section 5.078.
(6.)Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal
taken to the Department of Animal Control) against common disease; in the case of dogs, against canine
distemper, adeno-virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against
feline rhinotracheitis, and panleucopenia; and
(7.)Not offer a puppy or kitten under the age of eight weeks for sale, trade, other compensation or free giveaway
(except a puppy or kitten or litters of them taken to the Department of Animal Control); and
(8.)Furnish warrant of health for a period of not less than one week with recommendation to have examined by
licensed veterinarian for each animal sold.
(c) Any owner or person having custody of a dog or cat which has been neutered within 10 weeks after giving birth to a
litter or who turns the adult dog or cat over to the Department of Animal Control within 10 weeks from the birth date of
the litter, will be required to purchase a minor breeder permit at the rate of $10.
(d) Any owner or person having custody of a dog or cat which has delivered a litter, who chooses not to relinquish said
animal to the Department of Animal Control and also chooses not to have the animal neutered, will be required to
purchase a minor breeder permit at the rate of $100 plus any applicable kennel/cattery permit fee. The permit shall be
issued provided all requirements of this chapter are met.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.057 VETERINARY HOSPITALS/CLINICS.
(a) All animals shall be housed humanely and in a sanitary manner.
(b) Veterinarians shall keep records of each animal accepted for treatment, diagnosis or routine health care.
(c) Veterinarians who engage in boarding, grooming or other business in addition to the treatment and/or medical care
of animals shall obtain a permit as herein provided.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.058 GROOMING SHOP PERMIT.
(a) Any person who has a grooming shop as defined in this chapter shall obtain a grooming shop permit.
(b) A permit holder has the right to request that any dog or cat accepted for grooming be vaccinated against common
diseases, and require proof of such vaccinations be furnished to the shop operator.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.059 PET SHOP PERMIT.
(a) Any person operating a pet shop as defined in this chapter shall obtain a pet shop permit.
(b) The permit holder shall furnish 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. (Small mammals, parrot-type
birds, and fish not included.)
(5.)Medication and prophylactic immunization and dates administered,
(6.)Internal parasite medication(s) and date(s) administered,
(7.)A guarantee of good health for a period of not less than one week with recommendation to have the animal
examined by a licensed veterinarian.
(8.)The permit holder shall retain a copy of the written statement for 12 months from date of sale.
(c) The pet shop permit holder shall be further required to register with the Department of Animal Control the name,
address, and telephone number of each buyer or new owner of any dog or cat transferred within five days after the sale
or transfer.
(d) The Animal Control Officer or health department 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.
(1.)The permit holder shall reimburse the enforcing agency's veterinary fees if the inspection by the veterinarian
concludes the animal to be unfit for sale at the time of inspection.
(2.)The inspection is to be made by a veterinarian within 24 hours of the enforcing agency's determination that the
said animal is not fit for sale.
(e) All pet shops herein defined and stores selling animals, birds, reptiles and fish as pets shall take care to house animals
in a sanitary manner. Appropriate medical services, care, and housing shall be given according to individual species
needs.
(f) No puppy or kitten under the age of eight 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 the Department of Animal Control).
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.060 CIRCUSES, ANIMAL CONCESSIONS AND ANIMAL EVENT.
Any person who is responsible for a circus, animal concession or animal event as defined by this chapter must obtain a
circus, animal concession or animal event permit. Non-profit organizations conducting circuses, animal concessions, and
events are required to obtain a permit in order to allow inspection but those permits will be issued as complimentary
when non-profit status has been verified.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.061 ZOOLOGICAL PARKS.
Zoological parks shall be issued complimentary permits at no fee.
(Ord. XXXXXX)
§ 5.062 EXCEPTION.
No permit shall be required of the Department of Animal Control or animal welfare organization; however, all other
provisions of this chapter shall apply and such organizations are subject to inspection.
(Ord. XXXXXX)
DOGS AND CATS; SPECIFIC REQUIREMENTS
§ 5.075 RABIES VACCINATION REQUIRED.
Cats and dogs over the age of three months must be vaccinated by a licensed veterinarian for rabies. One-year and
three-year rabies vaccine may be used as per Indiana Administrative Code. Caretakers must be able to provide proof of
vaccination.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.076 DOGS OR CATS IN HEAT.
Every female dog or cat in heat shall be confined in a secure building or enclosure so as to prevent conception except
during instances of planned breeding.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.078 SALE OF PUPPIES AND KITTENS.
A puppy or kitten must be at least 8 weeks old and weaned before it may be offered for sale, traded, or given away for
other compensation or for giveaway (except a puppy or kitten or litter or litters may be surrendered to the animal
control shelter).
(Ord. XXXXXX) Penalty, see § 5.999
DESTRUCTION OF ANIMALS.
§ 5.090 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a
different meaning.
ANIMALS.
Any animate being not human.
(Ord. XXXXXX)
5.091 Destruction of Animals.
All animals impounded by South Bend Animal Care and Control, a public or private sheltering agency or rescue group
shall be killed, only when necessary and consistent with the requirements of this Act, by lethal intravenous injection of
sodium pentobarbital, except as follows:
(1) intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous
injection is not possible for infant animals, companion animals other than cats and dogs, or in comatose animals with
depressed vascular function.
(2) intracardiac injections may be used only when intravenous injection is not possible for animals who are completely
unconscious or comatose, and then only under the direction of a veterinarian.
(a) No person other than a duly authorized agent of the animal control shelter may destroy any domestic animal within
the city limits; provided, however, this provision shall not apply to the following:
(1.) A licensed veterinarian,
(2.) A veterinary staff member under the direct supervision of a veterinarian
(3.) Those persons acting in immediate self- protection,
(b) The Department of Animal Control, other animal shelters, and/or public animal facilities which destroy animals in the
city, shall use only sodium pentobarbital or a derivative substance for said purpose.
(c) The duly authorized animal control agent(s) must be trained in humane procedures by a licensed veterinarian or a
registered veterinary technician and shall perform the destruction of animals in a humane manner as specified by the
AVMA’s Guidelines for Euthanasia. Said person(s) must have letter from a licensed veterinarian citing their competency
in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis.
(d) No animal's body shall be disposed of until all vital signs are checked (fixed pupil, cessation of heartbeat and
respiration) to assure that death has occurred.
(A) No animal shall be allowed to witness any other animal being killed or being tranquilized/sedated for the purpose of
being killed or see the bodies of animals which have already been killed.
(B) Animals shall be sedated/tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious
animals, to ensure staff safety, except as follows:
(1) neuromuscular blocking agents shall not be used as sole agent.
(C) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be
permitted to drop or otherwise collapse without support.
(D) An animal may not be left unattended between the time procedures to kill the animal are commenced and the time
death occurs, nor may the body be disposed of until death is verified.
(E) Verification of death shall be confirmed for each animal in all of the following ways:
(1) by lack of heartbeat, verified by a stethoscope;
(2) by lack of respiration, verified by observation;
(3) by pale, bluish gums and tongue, verified by observation; and
(4) by lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is
shined on it.
(e) Sufficient funds shall be appropriated in each annual budget of the city for personnel, drugs, equipment, and facilities
necessary to administer humane destruction of animals as specified in this subchapter.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.094 FUNDING.
Sufficient funds shall be appropriated in each annual budget of the city for personnel, drugs, equipment, and facilities
necessary to administer humane destruction of animals as specified in this subchapter.
(Ord. XXXXXX)
ADMINISTRATION AND ENFORCEMENT
§ 5.105 DIRECTOR OF PUBLIC SAFETY/ANIMAL CONTROL COMMISSION.
(a) The Department of Animal Control shall be operated by the Shelter Manager.
(b) The Shelter Manager will be advised on matters of policy and fiscal decisions by a voting five-member board, so
named the South Bend Animal Control Commission. The Commission members shall be appointed to serve a three-year
term, terms to be staggered. No limit shall be set on number of terms a Commissioner can serve, all members to serve
without compensation.
(c) Two of the Commission members shall be appointed by the Mayor. The three remaining members of the Commission
shall be appointed by the Common Council. At the outset, the Mayor shall appoint one person to serve two years, and
one person to serve three years. The Common Council shall appoint one person to serve two years, and one person to
serve three years. At least one member of this Commission must be a licensed Vet. This selection shall not be based on
political affiliations, but on interest in animal care and control and knowledge of same.
(d) The first meeting of the Commission shall be convened by the Shelter Manager. The commission must meet for the
thst
first time by January 30 of the 1 year of acceptance of this ordinance. The Commission shall elect a Chair, Vice-Chair,
and a Secretary from among its members .
(e) The Commission shall meet at least once each month, or upon special call by the Chair, or upon the written request
to the Chair by any three members. It shall adopt rules and regulations as may be necessary or appropriate in its
judgment to carry out the provisions of the ordinances and laws under which it exists and performs its functions.
(f) Three members of the Animal Control Commission shall constitute a quorum to do business.
(g) In the case of vacancy in office due to death, resignation, incapacity, removal or otherwise, the appointment to fill
the vacancy so occurring shall be made by the original appointing body for the unexpired term only and shall be subject
to the provisions stated in division (b).
(h) The duties and powers of the Director are as follows:
(1.)To cause to be enforced all city ordinances and/or state laws regarding animal care and control.
(2.)To maintain and operate the Department of Animal Control's shelter or shelters which have been designated for
the humane sheltering or protection and disposition of animals coming into its custody.
(3.)To purchase all necessary materials for the proper and efficient performances of the services and work required
of the shelter consistent with the city's duly established purchasing procedures.
(4.)To cause to be picked up and transported to the Department of Animal Control all unwanted animals, all animals
illegally at large, and all sick, diseased, injured, lost, strayed, stolen or abandoned animals. Those animals whose
owners request be euthanized may be surrender the animal to SBACC. The Shelter Manager shall determine if
the animal can be saved. In addition, any animal whose illness would pose a health hazard to other animals or is
injured so that it cannot rest comfortably for a minimum of three business days may be destroyed immediately
as so authorized by the Shelter Manager or his/her authorized agent. If a possible owner is identified, the
agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal
and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not
limited to, notifying the possible owner by telephone, mail, and personal service to the last known address.
Upon the owner’s or caretaker’s initiation of recovery procedures, the agencies shall retain custody of the
animal for 5 business days to allow for completion of the recovery process. All other animals shall be kept at
said shelter or place designated by said shelter for a period of not less than three (3) business days to afford
owners the opportunity to claim the animal. After such period of time, unclaimed animals shall be placed in a
suitable home, retained at the shelter or released to an accepted rescue organization or euthanized. Animals
released to the shelter by their owners, or impounded animals not claimed within the legal time become the
property of the shelter and disposition may be made in accordance with the criteria outline in this chapter.
SBACC 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.
(5.) To ensure that no savable animal at South Bend Animal Care and Control shall be killed simply because the
holding period has expired. Before an animal is killed, all of the following conditions must be met:
(a) there are no empty cages, kennels, or other living environments
in the appropriate area of the shelter,
;
keeping in mind the overall health and wellbeing of the animals in SBACC’s care
(b) the animal cannot share a cage or kennel with another animal;
(c) a foster home is not available;
(d) not-for-profit animal rescue organizations are not willing to accept the animal;
(e) the animal is not an ear tipped community cat that has been spayed/neutered and vaccinated as
described in Section 5.001 of this chapter or
the animal is not a free roaming cat subject to sterilization
and release into an accepted program;
(f) all mandates, programs and services of the Act have been met; and
(g) the director of the agency certifies he or she has no other alternative.
(6.)SBACC shall take appropriate action to ensure that all animals are checked for all currently acceptable methods
of identification, including microchips, identification tags, and licenses. SBACC shall maintain continuously
updated lists of animals reported lost, and match these lost reports with animals reported found and animals in
the shelter. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner
or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the
animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and
personal service to the last known address. Upon the owner’s or caretaker’s initiation of recovery procedures,
the agencies shall retain custody of the animal for a reasonable period of time to allow for completion of the
recovery process. Efforts to locate or contact an owner or caretaker, and communications with persons claiming
to be owners or caretakers, shall be recorded and be made available for public inspection for no less than three
years by submitting a detailed Freedom of Information Act request form.
(7.)To direct Animal Control Officers proceed upon public and private property within the city of South Bend in
accordance with the above criteria, in pursuit of animals believed to be in violation of this chapter. However,
this authority does not extend to a privately owned structure or enclosure without the consent of the owner,
lessee or other occupant in control of the premises or without other legal process or authority. Any animal
pursued under this section may be confiscated and held by the Department of Animal Control according to its
rules and regulations. If an animal is confiscated without the knowledge or consent of the owner or occupant of
the premises, a notice shall promptly be affixed to said premises in an obvious location, directing the occupant
to contact the Department of Animal Control providing the address and telephone number of same on said
notice.
(8.)To cause to be investigated all reports and complaints that are significant concerning any inhumane treatment
or negligent practices pertaining to animals within the city and to submit a written report that includes the
disposition of the complaint and condition of the animal to be reviewed by the Animal Control Commission. To
cause to be impounded at the Department of Animal Control or suitable places designated by the Department of
Animal Control all animals found in conditions adverse to their health and safety.
(9.)To enter into contract with any municipalities or governmental units or any person, association or corporation
for the collection, transportation, sheltering and disposal by said shelter for sick, diseased, injured, illegally at
large, lost, strayed or abandoned animals provided that no such services be extended by said shelter outside the
city, except under written contract with the unit, person, association or corporation concerned and at a charge
based upon the actual cost of such services, including overhead; provided that no such contract shall be
effective except upon the approval of city attorney or a duly designated associate, as to form and legality, the
approval of the Mayor, and the ratification by the Common Council.
(10.)To employ all personnel necessary for the efficient performance of the duties required of said shelter.
And require certification of all Animal Control Officers as per state recommendations.
(11.)To prepare and submit after review and comments of the Animal Control Commission to the Common Council
through the city controller, an annual budget, for its financing of its operations and performance of its duties.
(12.)To submit to the Mayor, and to the Common Council, no later than January 30 of each year, a report of its
activities and operation for the prior year.
(13.)To establish reasonable fees to be charged to persons reclaiming and adopting animals, and to collect such fees,
such fees to be adopted only after approval by Director and submission to the Mayor and Common Council for
approval and adoption.
(14.)To prepare for the Animal Control Commission quarterly reports on performance, operation and intake/outtake
metrics including adoption, rescue transfer and euthanasia and any other statistics that the Animal Control
Commission may request.
(15.)To provide that all dogs and/or cats released for adoption shall be spayed or neutered, implanted with an
electronic microchip, and provisions made for a program to monitor said spay/neuter and microchip plan.
(16.)Any violations of the animal adoption contract shall result in impoundment of the animal. Return of the animal
to the adopter will be at the discretion of the Animal Control Department.
(Ord. XXXXXX)
§ 5.106 INTERFERING WITH ENFORCEMENT.
No person shall interfere with an Animal Control Officer in the pursuit of his/her duties as an officer.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.107 IMPOUNDMENT.
(a) Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for the purpose of animal
fighting, animals considered dangerous, animals abandoned as a result of owner arrest, or animals that have been
abandoned may be promptly seized, provided, however, that the Animal Control Officer shall leave written notice.
(b) Animals so removed will be impounded and held at the Department of Animal Control or a designated facility,
provided, however, that in no event shall this period exceed five calendar days, at which time the animal shall become
the property of the Department of Animal Control. An animal may be held longer if an extension is necessary for the
Animal Control Officer to have ample time to prepare a court case if prosecution is warranted, or a request for a bond
has been filed as provided in division (e). In the case of animals impounded for quarantine at the Department of Animal
Control, the animal will become the property of the department if not claimed by closing time of the department on the
eleventh day of the quarantine. Owners requesting quarantine but failing to claim animals at the end of the quarantine
period will be responsible for all medical, quarantine, and euthanasia fees.
(c) Animals impounded for reasons of tragedy beyond the control of the owner, such as but not limited to house fire or
death of the owner, will be held for seven calendar days during which time a reasonable effort will be made to contact
the owner and/or their representative to make reclaim or alternative housing arrangements. After the seventh day of
impoundment, the animals will become the property of the Department of Animal Control.
(d) Animals awaiting disposition by the courts shall remain in the custody of the Department of Animal Control, unless
such disposition is made, or placed in a foster home until legal arrangements have been completed.
(e) Pursuant to impoundment of an animal under division (a), the Department of Animal Care and Control may file a
petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of
the animal while it is in the custody of the department. This petition shall be accompanied by an affidavit or statement
of the department that sets forth an estimate of the reasonable expenses that the department expects to incur
providing for that care. Reasonable expenses include but are not limited to the estimated cost of veterinary care, food
and board for the animal. The owner or custodian of the animal shall be provided written notice of the petition by
personal service or certified mail. Any such mail shall be sent to the last known residence, or, if this address is not
known, such notice shall be sent to the address from which the animal was seized. Refusal to accept certified mail or
failure to receive mail due to other delays will not negate this section.
(1.)The court or hearing body to which the petition is filed shall hold a hearing on the petition. At the hearing, the
department has the burden of proving that there is probable cause to find that the animal was the subject of a
violation as listed under division (a). If the court finds that probable cause exists, the court shall order the owner
or custodian of the animal to post a bond to cover the cost of the care of the animal for a minimum of 30 days.
a.Bond must be posted within a maximum of three business days following the bond hearing judgment. If
bond has not been posted within the allotted three business days, the animal shall immediately become
the property of the Department of Animal Care and Control.
b.Bond must be posted at the Department of Animal Care and Control Shelter in cash or certified funds
only. The bond shall be deposited into the city's general trust fund, in a subaccount specific for each
case. The department may draw on this account to cover the actual expenses incurred in the care of the
animal.
c.If, at the end of 30 days, the matter for holding said animal(s) has not been adjudicated, another bond
must be posted. The renewal bond must be paid no later than the close of business on the thirtieth day.
If the thirtieth day should fall on a weekend or holiday, the bond must be posted by the close of
business on the last regular business day prior to the weekend or holiday. The bond must be renewed
every 30 days thereafter until the matter is adjudicated by the court or hearing body having jurisdiction.
Failure to repost bond at the end of any 30-day period will be considered voluntary relinquishment of
the animal(s).
d.Upon conviction of the accused, the court or hearing body, at its discretion may order any remaining
bond money and/or the animal(s) forfeited to the Department of Animal Care and Control.
e.In the event of the acquittal or final discharge, without conviction of the accused, the court shall direct
the delivery of the animal(s) and any bond posted, less any reasonable medical, housing and
administrative costs.
(2.)The bond is intended to cover but not be limited to housing and feeding, emergency medical care,
immunizations and routine medical care. Animals displaying signs of illness or injury at the time of impound will
be treated immediately at the expense of the owner or custodian. Animals that have not been inoculated for or
are not current on inoculations for ailments common to its species will be inoculated at the expense of the
owner or custodian. Any animal displaying symptoms of illness or injury which, in the opinion of a licensed
veterinarian, would cause undue suffering to that animal or pose a substantial health risk to other animals in the
shelter shall be humanely euthanized immediately.
(3.)This section applies to any and all animals housed at the South Bend Department of Animal Care and Control
Shelter, or under the direction of the South Bend Department of Animal Care and Control at a remote facility,
irrespective of the agency that seized the animals.
(4.)Animals so removed may be transported to a licensed veterinarian for examination and/or treatment. If, in the
opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Costs of
treatment, euthanasia, and/or care shall be the responsibility of the owner/agent.
(Ord. XXXXXX)
5.1071 Notice to owner.
(a) Upon the impoundment of an animal, a reasonable attempt shall be made to notify and inform the owner of the
animal of the requirements of this article for regaining the custody of the animal.
(b) Such attempt shall include, but not necessarily be limited to, the following:
(1) In the instance of an impounded dog or cat, contact with the owner identified by the microchip or other permanent
means of identification, if any, borne by the dog or cat;
(2) In the instance of an impounded dog or cat not bearing a permanent means of identification, contact with the
veterinarian facility listed on the animal's vaccination tag; and
(3) Cooperation of effort with other governmental and private agencies, such as the Humane Society of St. Joseph
County or other humane and/or breed rescue organizations recognized by the animal care and control division.
(c) Any owned, free-roaming cat who lacks visible owner identification will be processed through the community cat
program.? Any ear tipped community cat that has been spayed/neutered and vaccinated as described in Section 5.001
of this chapter will be processed through the community cat program.
5.1072 Redemption
(f) A person may reclaim an animal in the custody of the Department of Animal Control upon providing the following:
(1.)Proof of ownership, and
(2.)Payment of redemption fee and any other service/medical fees, as approved by the Director.
(3.)It shall be mandatory that any dog or cat not displaying a current city pet registration or current identification
tag if not a city resident, affixed to its collar, after the effective date of Ordinance XXXXXX , passed t.b.d., upon
its redemption by its owner, and prior to its release by the Department of Animal Control, be implanted with a
microchip and registered for purposes of identification and recovery. The cost for this process shall be at the
owner's expense before the animal's release.
(4.)All animals shall be registered with the city prior to release, or require enforcement action to mandate
registration.
(g) Stray or at-large animals will be held three business days at the Department of Animal Control.
(h) Unclaimed animals become the property of the Department of Animal Control and may be placed for adoption,
transferred to rescue or humanely euthanized, pursuant to § 5.090.
(i) An animal that has been previously impounded stray or at-large and is now being redeemed for the second or
subsequent redemption, will be required to be spayed or neutered by a licensed veterinarian at the owner's
expense. Arrangements to perform the procedure must be made within 24 hours of reclaim and enforcement action
pending spay/neuter completion will be issued at the time of reclaim.
(j) In cases mandating spaying or neutering of a dog(should we include cats?), the dog may be transported directly to the
veterinarian of the owner's choice at the city's discretion for completion of the surgery and pickup of the animal by the
owner from the veterinarian after such completion.
(Ord. XXXXXX)
§ 5.108 INSPECTIONS.
(a) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by
this chapter or when there is reasonable cause to believe that there exists in any building or upon any premises any
violation of the provisions of this chapter or state law, the Animal Control Officer or Health Officer or police officer is
authorized at all reasonable times to inspect the same for compliance with the provisions of this chapter or any state
law; provided that:
(1.)If the property is occupied, the officer shall first present proper credentials to the occupant and request entry,
explaining the reasons therefor; and
(2.)If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons
having control of the property and request entry explaining the reasons therefor.
(b) In the event the Animal Control Officer, Board of Health or police officer has reasonable cause to believe that the
keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to
safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry,
explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having
charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure
lawful entry and inspection of the property.
(Ord. XXXXXX)
§ 5.109 DISPOSITION OF MONEY.
(a) All money generated, received or collected by virtue of the provisions of this chapter are to be set aside and placed in
the general fund, except as hereinafter provided.
(b) All money received by the Department of Animal Control through donations, gifts, bequests or devises shall be
payable to the city controller and deposited into a dedicated animal care fund to be used to promote the safe and
humane treatment of animals in the city and county, to pay for any reasonable expenses incurred promoting the proper
care, treatment and sterilization of animals and education the public regarding the same. No expenditure may be made
from the dedicated animal care fund unless first approved by a majority of the Animal Control Commissioners. The
expenditure of funds from the dedicated animal care fund shall be subject to all state and local appropriation and
purchasing requirements. Any funds donated for a specific purpose shall be used only consistent with the donor's
specific request.
(c) All money generated, received or collected in response to the department's special fund-raising projects shall be
payable to the city controller and deposited in a dedicated animal control special projects fund to be used in a manner
consistent with the announced purpose of any special fund-raising event or project. No expenditure may be made from
the dedicated animal control special projects fund unless first approved by the Shelter Manager. The expenditure of
funds from the dedicated animal control special projects fund shall be subject to all state and local appropriation and
purchasing requirements.
(d) The Shelter Manager shall provide the Animal Control Commission, at each meeting, a report relating to the revenue
and expenditures of the dedicated animal care fund and the dedicated animal control special projects fund.
(Ord. XXXXXX)
RENTAL HORSES
§ 5.120 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
(a) CARRIAGE HORSE. Any horse or pony which is used by its owner or any other person to pull any vehicle, carriage,
sled, sleigh or other device in exchange for a fee. A horse rented or leased by its owner to another for any of the
foregoing purposes shall be deemed to be a carriage horse for the purposes of this subchapter.
(b) RENTAL HORSE BUSINESS. 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 a fee for the purpose of riding or pulling a horse drawn vehicle.
(c) STABLE. Any place, establishment or facility where one or more rental horses are housed, boarded for a fee, or
maintained.
(d) WORK. 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 device, or when it is saddled or in harness.
(Ord. XXXXXX)
§ 5.121 PERMITS AND ADMINISTRATION.
(a) It shall constitute a violation of this subchapter for any person or corporation to use or offer for use a horse in a
rental horse business without a license issued pursuant to the regulations and conditions set out hereinafter. 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.
(b) Licenses shall be issued for a term of one year and shall be renewed annually.
(c) An application for a license or renewal of a license shall be made to the Department of Animal Control. Applications
for renewal must be submitted no later than ten business days prior to expiration of the current license. All such
applications shall contain the name and address of the owner of the horse and the rental horse business in which such
horse is to be used. The horse shall be identified by breed, age, sex, color, markings, and the location of the stables
where the horse is to be kept, recorded on a veterinary certificate provided by the South Bend Department of Animal
Control. No license shall be transferable. Upon the transfer of ownership or use of any horse to a new owner or
operator shall obtain a new license for such horse within 30 days of the transfer date.
(d) The annual fee per working animal license or renewal shall be $100 for carriage horses and $10 for riding horses, and
shall be paid upon submission of an application to the Department of Animal Control.
(e) Each horse licensed 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.
(f) An owner or operator of a rental horse business shall keep an accurate daily record of the movement of each licensed
horse 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 the Department of Animal Control upon request.
(g) An owner or operator of a rental horse business shall make the stable in which horses used in the rental business are
kept open for inspection at all reasonable time by authorized personnel of the Department of Animal Control to enforce
the provisions of this subchapter.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.122 HOUSING/STABLE PREMISES.
(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
close enough to prevent the “casting” of a horse.
(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 to permit extermination treatment in order to be
made rodent and insect proof. Feed storage area shall allow no harborage and be kept vermin free. Storage of feed
concentrates shall be in an area inaccessible to the horses.
(d) Ventilation. Adequate ventilation shall be maintained, but rental horses shall not be unnecessarily exposed to drafts
in stables during cold weather. All stable areas shall be adequately lighted 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 rodent and vermin activity.
(f) Stalls. Each stall shall house only one horse or pony. Stalls shall be attended to daily ensuring clean and dry 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 feet greater than the height of the horse at the
withers.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.123 REGULATIONS.
(a) 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 be available at all times. 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 the Department of Animal Control
annually. At the discretion of the Department of Animal Control, 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 hours a day. There shall be a rest period of 15 minutes for every
two 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 -0 F., with wind chill factor applied. At no time shall a
rental horse be at work when the sum of the relative humidity and ambient temperature exceeds 100º. For the
purposes of this subdivision, temperatures shall be those measured “downtown” and broadcast by the local radio
stations. 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 sheltered 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 equip all carriages/horses with a manure catching device for use at all times 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. (Where in South Bend are carriages permitted?)
(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 and not more than five feet from level ground or surface. The emblem shall be mounted so as to be
entirely visible from the rear, day or night.
(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 1 hour before sunrise and 1 hour 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 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. 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. With a copy on file with SBACC.
(l) The rental horse business 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, the Department of Animal Control 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 may be ordered removed from work by
the Department of Animal Control. In the event of a dispute regarding such physical condition or illness, the
Department 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. A horse
which has been removed from work under this division 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. A violation of this section shall be presumed
if a horse is found at work in a sick or disabled condition within 48 hours after its removal from work for the same
condition which caused such removal. 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 48-hour period. This statement shall be carried with the horse
during the presumed 48-hour recovery period, and provided to the Department of Animal Control upon request.
(n) Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly fitted to each horse and kept
in good repair.
(o) Horses shall be kept clean while at work and in the stable. Horses shall be trimmed and shod a minimum of once
every six weeks or sooner if necessary.
(Ord. XXXXXX) Penalty, see § 5.999
§ 5.124 EXCEPTED FROM COVERAGE.
Rental horse business as defined in § 5.120 are excepted from coverage under § 5.060 and are governed solely by the
licensing provisions of this subchapter.
(Ord. XXXXXX)
§ 5.999 PENALTY.
(a) Violators shall be fined as follows: Any person violating any of the provisions of this chapter shall be fined for each
offense, in any sum not less than $50 nor more than $2,500 and each day's violation shall constitute a separate offense.
(b) Upon finding of violations of this chapter, the court may order relinquishment of an animal(s) deemed to be a public
safety risk and/or a repetitive public nuisance that has not been abated or an animal that is a victim of cruelty, neglect,
or abandonment, to the Department of Animal Control for disposition.
(c) Upon finding an animal dangerous pursuant to § 5.033, the court must order destruction of said animal. Destruction
of the animal does not preclude fines for each offense as outlined in division (A) of this section.
(d) Upon finding of violation of sections pertaining to animal fighting, public safety, and animal cruelty or neglect, the
court may order no animal ownership for a determinate period. The court may mandate counseling in finding violations
of cruelty to an animal or animal hoarding.
(e) In the event that an animal is retained at the Department of Animal Control because its owner or harborer has been
in violation of this chapter, the person redeeming the animal by paying the prescribed fees shall also be required to pay
the costs incurred by ACC for impoundment and caring for including but not limited to: 1) surgeries, 2) vaccines, 3) x-
rays, 4) medications, exams, lab work, 5) boarding, 6) rescue equipment, and or 7) perishable personal protection
equipment.
(f) Violations of this chapter may result in immediate impoundment of animal(s).
(g) Violation of any provision of this chapter may result in revocation of any permit(s) and may require a re-inspection
prior to reinstatement upon approval.
(h) Upon finding an owner or harborer guilty of violations for this chapter, the court may order restitution including but
not limited to: 1) human medical bills, 2) victim veterinary and/or medical bills, 3) replacement cost of animal, 4)
property damage, 5) lost wages, and or 6) counseling or psychological treatment obtained by victim directly related to
violation incident.
(Ord. XXXXXX)