HomeMy WebLinkAbout9881-08 Amend Chapter 5, to adjust fees related to animal care and controlORDINANCE No.
Passed by the Common Council of the Ciry of Soutla Bend, Indiana
November 10, 20 08
Attest:
Attest:
Presented by me to the Mayor of the Ciry of South Bend, Indiana
November 12,
20
08
City Clerk
President of Common Council
Approved and signed by me November 12 20 0 8
City Clerk
ORDINANCE N0. ~, ~g ~ -fig
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE TO
ADJUST FEES RELATED TO ANIMAL CARE AND CONTROL
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 5 of the
South Bend Municipal Code, to adjust fees for City services
related to Animal Care and Control.
The Common Council of the City of South Bend determines
that the current fees related to Animal Care and Control,
enacted in 1996, should be adjusted to reflect the current cost
of providing services to owners of animals within the City of
South Bend.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Chapter 5, Article 4.5, Section 5-27, subsection
(b) of the South Bend Municipal Code, shall be, and hereby is,
amended to read as follows:
Sec. 5-27. Licensing.
(b) The owner of an American Pit Bull Terrier or other
dangerous animal shall apply to the E_~= ~entre~le~'s ~ffi~~
Department of Code Enforcement, Animal Control Division or the
City's duly authorized third party for licensing of said animal.
The application shall be on a form provided by the ~y
~entre~ler's effi~~ Department of Code Enforcement, Animal
Control Division or the City's duly authorized third party and
shall be accompanied by al of the following:
(1) Verification of the owner's name and current address
by way of providing a photostatic copy of his or her
driver's license.
1
(2) Proof that the applicant owns said animal, and is
eighteen (18) years of age or older.•
(3) One (1) copy of a registration certificate issued for
said animal by the A.K.C. and/or A.D.B.A., if
available and applicable.
(4) One (1) copy of the current immunization and health
records for said animal.
(5) Proof that the applicant has insurance coverage of not
less than three hundred thousand dollars ($300,000.00)
for any injury, damage or loss caused by said animal.
{6} Two (2) photographs of said animal taken not more than
one (1) month before the date of the application. One
(1) photograph shall be a front view of the animal and
one (1) photograph shall be a side view of said
animal.
(7) If said animal was previously licensed under this
chapter, the name and address of any previous owner
and the number of the most recent license assigned to
said animal.
(8) A licensing fee of -y seventy-five dollars ($~~
75.00).
SECTION II. Chapter 5, Article 5, Section 5-30 of the
South Bend Municipal Code shall be and hereby is, amended to
read as follows:
ARTICLE 5. ADOPTEDL ~3NB PURCHASED AND SURRENDERED ANIMALS
Sec. 5-30 Spaying and neutering of adopted animals, microchip
identification of adopted animals; care of animals; surrender of
animals by owner; fees.
(a) Any dog or cat adopted from an animal care facility or
animal shelter must be spayed or neutered by a licensed
veterinarian. If the dog or cat is an adult, such operation
shall be performed upon adoption or within ten (10) days from
the date of adoption if the facility does not have licensed
2
veterinarian services on site. Individuals must sign a written
agreement with the adopting facility guaranteeing that such
animal shall be neutered or spayed within the ten-day period.
If the dog or cat is too young to undergo the operation, it
shall be neutered by a licensed veterinarian by the age of six
(6) months if male, or spayed if female, by a licensed
veterinarian by the age of six (6) months. An exception is only
made if a licensed veterinarian .certifies that the animal is
physically unable to undergo such an operation within the time
limitations.
(b) All impounded dogs or cats which will become adopted
shall be permanently identified at the time of adoption with a
microchip, at the expense of the new owner.
(c) The Department of Code Enforcement shall be
responsible for maintaining records of adopted animals and for
enforcing the provisions of this section.
(d) The owner of an animal who surrenders the animal to
the City or its designee shall pay the costs incurred by the
City or its designee in accepting the surrendered animal.
(e) The City shall charge the following fees for
performing the following services related to animal
identification, boarding, care, adoption,-and surrender:
Adoption of dog
Adoption of cat
Pick up surrendered animal
Microchip
Euthanasia
Veterinarian
Spay/neuter surgery
~nrrPnr~ar
$75.00
60.00
20.00
20.00
20.00
Cost of veterinarian fees
75.00
~n_nn
Boarding (per day)
~~,_~~~,
SECTION III. Chapter 5, Article 6, Section 5-33,
subsection (h) of the South Bend Municipal Code shall be and
hereby is, amended to read as follows:
Sec. 5-33. Impounding Procedures.
3
(h) An owner redeeming an impounded licensed animal, e~ a~
a~-im., , r „~ re~~r e~-t~-~e-1=e ems e d an~~ tai ~ e~p-t-e~,
shall pay no redemption fee to the city or its designee on
the first occasion of any animal belonging to that owner
being impounded, before such animal is released to the
owner by the animal control agency. An owner redeeming a
licensed impounded .animal, ~r ani~ta~ w~}~~-}s-~e~ r r°~
~e~e--~i~e~s~d-~d~ t#is e~~p~r, shall pay to the City or
its designee a redemption fee of twenty dollars ($~-9-~g
20.00) on the second occasion that an animal belonging to
that individual is impounded, before such animal is
released to him by the animal shelter. An owner redeeming
an impounded animal which is required by this chapter to be
licensed but which was not licensed at the time of the
impoundment shall pay to the city or its designee a
redemption fee of ~we~y thirty dollars ($~-9-~g 30.00)
before such animal is released by the animal shelter. The
redemption fee for any impounded animal shall increase by
an additional zd~-e~-t.'~ fifty dollars ($~9~) per
impoundment for each subsequent time within a wee twelve-
month period that the same or any other animal belonging to
the same owner may be impounded.
SECTION IV. Chapter 5, Article 8, Section 5-47 of the
South Bend Municipal Code shall be and hereby is, amended to
read as follows:
Sec. 5-33. Fees.
(a) Application for all licenses or permits required by
this chapter may be made with the City Controller or ~s
designee, or by mail, and shall include name, address of
applicant, type or permit applied for, number and description of
animal(s), proof of rabies vaccination, information regarding
sterilization, and appropriate fee.
(1) All applicants must be in compliance with zoning and
all other applicable state or local laws, and shall
not have been convicted of any of the cruelty to
animal offenses set forth in IC 35-46-3-3 et seq.,
within the past twelve (12) months.
(2) Those permits that require prior inspection will not
4
be issued until proof of such inspection is made
available to the City Controller or ~s designee by
the inspecting agency.
(b) Licenses and permits required by this chapter are to be
issued for a term of one (1) year effective from the ~; r~~ ~',<~
e-f ~^hr„~r<, date of the pet's rabies vaccination and shall
remain valid through midnight of the same date last ~ of the
following ~~ year, inclusive,-.
zne tent-his e€ ~'~r~a-r~--a~~. ~4~r~r Licenses for new pets shall
be obtained within 30 days of acquiring the animal, ~~a~=e~e~aer }s
' -~. A€t~-r ~4a-red 31, all °rn' ; ^,<~*~~ Applicants for licenses
that are not renewed within thirty (30) days of expiration will
be required to pay an additional five dollars ($5.00) as a late
fee for each license or permit required; provided, however, that
circuses, carnivals, performing animal acts, or exhibitions
shall be exempt from the late fee.
(c) Upon approval, the City Controller or h~-a designee
shall issue a license or permit in written form which includes
number of license or permit, type of license or permit, and all
pertinent information. In addition, the City Controller or ~s
designee shall issue a durable tag stamped with license number
and year of issuance for each pertinent license.
(d) The City Controller or h}a designee shall maintain
records of all licenses and permits issued pursuant to this
chapter.
(e) All license or permit fees shall be paid at time of
application, and prior to the issuance of the permit or license.
SECTION V. Chapter 5, Article 8, Section 5-47 of the
South Bend Municipal Code shall be and hereby is, amended to
read as follows:
Sec. 5-47. Fees.
(a) In addition to all other fees required by law to be
paid, dog and cat owners shall pay the following annual fees,
and receive a tag verifying that their cat or dog has been
properly vaccinated pursuant to this chapter:
Each altered dog or cat .......... $~g 15.00
5
Each unaltered dog or cat ........ ~g 25.00
Replacement tag .................. 5.00
Providing dog or cat ~^~°~,~d
with a microchip ................. 20.00
For each dog or cat which has
a microchip, the costs shall
be as follows:
Each altered dog or cat .......... ~g
10.00
Each unaltered dog or cat ........ ~g 15.00
Replacement tag
5.00
Pet owners who are £~ ~}~~-~; T°^ sixty-five (~ 65) years
or older and disabled persons utilizing a dog or-cat
shall pay a discounted cost of five dollars ($5.00)
less than the amount of the annual fees listed ~
e-a E ~ E~ ~6 ~' d e ~ F 7-}}~Eh ~~ o--ah ^c~^-iT~irrE r~ c^zr:~p^peQ .
(1) Application for a pet registration must be made within
thirty (30) days of acquiring a dog over the age of six (6)
months, or within thirty (30) days of the date in which a
puppy or kitten attains the age of six (6) months.
(2) This requirement will not apply to non-residents keeping an
6
animal within the City for not more than thirty (30) days.
(3) Failure to comply with the provisions of this section shall
subject the owner of said dog and/or cat to being issued an
ordinance violation citation subjecting the owner to a fine
set forth in section 5-49(d).
(b) Pet shop permit:
Fee .............................. $140.00
(1) Permit will be issued after inspection approved by
Code Enforcement Department or its authorized agent
and verification of the same submitted to the
Controller's Office.
(c) Circus and carnival permits:
Fee .............................. As set forth in
section 4-22.
7
SECTION VI. This ordinance shall be in full force and
effect on January 2, 2009.
Member of ~r Common Council
At est: /
City Clerk
Presented by me to the Mayor of the City of South
Bend, Indiana on the 12.x. day of ~~~,~...,,Ia,,/ 2008, at
o`clock Z`.z~ .m.
~ G:~
Cit Clerk , ~i
Approved and signed by me on the
2008 at .'3~ o' clock m.
~.
~-~-• ~ ~ -
Mayor, City South Bend, Indiana
. ;,~~ .~,, . Y
Ord F:EP,~iti~ (,~-l~_O~ 0.s Su.~S~"~-V~.
`: ;;~T ~,F?20VED
=A;SE~ ~ ~,-l,O'C1 t as .f t~l-~5~~~~
8
~ Z ~'G-
day of N~
Fil d 1 Cl~rk'~ Q~flce
~pW ~ O LOJ
JO"N VOOROE
CITY CF.ERX, ~0• 8=~0, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
69-08 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND
MUNICIPAL CODE TO ADJUST FEES RELATED TO ANIMAL CARE
AND CONTROL
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation as substituted by
changing pick of surrendered animal from $10.00 to $20.00, Microchip from $10.00 to
$20.00, Surrender from $10.00 to $20.00.
Oliver Davis
Chairperson, Committee of the Whole