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BILL NO. 68 -87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411
<br />SOUTH MAIN STREET IN THE CITY OF SOUTH BEND, INDIANA.
<br />Council Member Voorde made a motion to continue public hearing and second reading on
<br />this bill until September 14, 1987, seconded by Council Member Zakrzewski. The
<br />motion carried.
<br />BILL NO. 27 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
<br />AMENDING CHAPTER 21 ENTITLED ZONING, ARTICLE 2 OF THR MUNTCIPAL
<br />CODE OF THE CITY OF SOUTH BEND BY THE ADDITION OF NEW DIVISION 13
<br />ENTITLED ACCESSORY USES.
<br />This being the time heretofore set for public hearing on the above bill, proponents
<br />and opponents were given an opportunity to be heard. Council attorney, Kathleen
<br />Cekanski - Farrand indicated the substitute bill should be amended on page 4, by
<br />adding a new paragraph (g) to read: "In the interpretation and enforcement of this
<br />section, the main supporting structure of modern accouterments is the primary focus
<br />of location regulations set forth herein." Council Member Taylor made a motion to
<br />accept the substitute bill on file with the City Clerk, as well as the additional
<br />amendment, seconded by Council Member Paszek. The motion carried. Council Member
<br />Voorde made the presentation for the bill. He indicated there are an increasing
<br />number of accessory uses being built or installed throughout our community; such as,
<br />swimming pools, tennis courts, fences, mailboxes and satellite television receiving
<br />antennae. He indicated this bill specifically focuses on all such uses as well as
<br />addressing specific regulations for satellite television receiving antennae.
<br />Council attorney, Kathleen Cekanski - Farrand, indicated that all questions raised by
<br />the Area Plan Commission, have been addressed in the substitute bill. She indicated
<br />the grandfather clause would apply to the property only. Mary Jo Hazlitt, 2309
<br />Topsfield; Richard Towbridge, 1020 30th; Howard Goodhew, 2230 Topsfield Road; John
<br />Hazlitt, 2309 Topsfield; Virginia Fisher 2234 Topsfield; spoke in favor of this
<br />bill. Wayne Wirts, 1889 Riverside; Tony Neitzel, 1176 Ebeling; Larry Abbot, 19624
<br />Rolling Acres; Brian Straub, 22202 Sandy Brook; Ken Donnelly, 2605 Frederickson;
<br />Terrance Kinney, 1715 Hamilton; Mike Sienicki, 751 W. Ewing; Roger Tinti, 14900
<br />Clover; spoke against this bill. Irene Gammon, 3316 Oakcrest, indicated that
<br />neighborhoods would look like the devil if everyone had a dish antenna in their
<br />front yard. Council Member Barcome made a motion to recommend this bill to the
<br />Council favorably, as amended, seconded by Council Member Taylor. The motion
<br />carried on a roll call vote of nine ayes.
<br />Council Member Voorde made a motion to recess, seconded by Council Member Taylor.
<br />The motion carried and the meeting was recessed at 8:25 p.m., and reconvened at 8:35
<br />p.m.
<br />BILL NO. 74 -87 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
<br />AMENDING VARIOUS SECTIONS OF CHAPTER 5 OF THE MUNICIPAL CODE OF
<br />THE CITY OF SOUTH BEND COMMONLY KNOWN AS ANIMALS AND FOWL.
<br />This being the time heretofore set for public hearing on the above bill, proponents
<br />and opponents were given an opportunity to be heard. Council Member Taylor made a
<br />motion to accept the substitute bill on file with the City Clerk, seconded by
<br />Council Member Serge. The motion carried. Council Member Beck made the
<br />presentation for the bill. She indicated for the past several months the Council
<br />has been receiving an increasing number of contacts from the public with regard to
<br />concern over unprovoked attacks made by American pit bullterriers or other
<br />potentially dangerous dogs. She indicated she and the Council had contacted many
<br />communities throughout the nation with regard to legislation. She indicated this
<br />bill would do the following: It would incorporate the definitions for American pit
<br />bull terrier, leash, muzzle, potentially dangerous dog, and unconfined potentially
<br />dangerous dog, and incorporate specific regulations governing American pit bull
<br />terriers and other potentially dangerous dogs. She indicated there would be
<br />specific licensing regulations of such dogs, required insurance coverage, two photos
<br />of such dogs, a licensing fee of twenty -five dollars and registration certificates.
<br />She indicated the dog license number would be tattooed on one ear and on one of its
<br />rear legs. She indicated that additionally there would be other requirements, such
<br />as; address breeding requirements, pens or structures housing the dogs, change of
<br />ownership, the prohibition of fighting, muzzling such dogs when they are walked, and
<br />notification if such dogs run at large, are stolen, or provoke an attack. She
<br />indicated they were also recommending that if such a dog kills or causes serious
<br />injury to a person, upon conviction of the owner of such a dog, ownership of the dog
<br />would be forfeited and the dog would be euthanatize. She indicated additionally,
<br />the owner may be subject to a fine or not less than two thousand five hundred
<br />dollars ($2,500). Kathleen Cekanski - Farrand, Council Attorney, asked that the City
<br />Clerk's office include with the substitute bill, the prefatory amendments and
<br />attachments be a part of the official record (prefatory amendments and attachments
<br />are included with the original ordinance filed in the vault.) She indicated this
<br />bill sets forth changes that have been incorporated based on recommendations
<br />received from several public agencies. She indicated the Council has the authority,
<br />through Home Rule, to reasonably regulate in this area. She indicated back in 1985
<br />requests were made with regard to pit bull incidents, as to whether we could
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