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<br />legally ban pit bulls in the City. She indicated it was her opinion then and now
<br />that this would not be legally defensible, and it would be far better to reasonably
<br />regulate and set up regulations so owners would have certain rules of conduct they
<br />would have to abide by if they wished to own a potentially dangerous dog. She
<br />indicated that over fifty laws were reviewed both at the state and local levels.
<br />She indicated tried to pull the best of these ordinances and tailor them so they
<br />would be consistent with Indiana law. She indicated that the laws that have been
<br />struck down by courts have been done so for one or more of the following reasons:
<br />1) they specifically prohibited or totally banned such ownership within the
<br />jurisdiction; 2) they imposed unreasonable criminal sanctions; 3) the ordinances in
<br />questions violated specific state laws with the jurisdiction; and /or 4) parts of the
<br />proposed laws were constitutionally vague. She indicated this ordinance would
<br />impose a licensing fee of $25 for anyone who wished to own a potentially dangerous
<br />dog. She indicated that the insurance liability was set at $300,000, and the
<br />applicant must notify the City of any cancellation of insurance, change of address,
<br />or change in the ownership of the dog. She indicated breeding requirements were
<br />incorporated in the ordinance. She indicated page 4 through page 8 of the
<br />memorandum (in the original file) sets forth the documented evidence that shows why
<br />the American Pit Bull Terrier is a potentially dangerous dog. Becky Womer, 17703
<br />State Road 23, spoke in favor of this bill. She indicated she had a child that was
<br />bitten by a Pit Bull. Dr. Carol Ecker, DVM, local veterinarian and dog breeder,
<br />indicated she had a strong interest in the Humane Society's animal control
<br />division. She said she preferred the Pit Bull not be singled out, however,
<br />irresponsible owners and breeders have caused the problem. She indicated innocent
<br />owners and good Pit Bulls are going to have to suffer inconvenience due to the
<br />ordinance. She indicated that the lives and quality of life for citizens of this
<br />area may come into harm due to the irresponsibility of some pit bull owners. Dr.
<br />Kathleen Neuhoff, DVM, spoke in favor of this bill. Mary Ellen Guentert, 3510
<br />Corby, spoke in favor of this bill. Dr. Michael Flaugh, 9224 Kemlock, Indianapolis,
<br />area director of the American Dog Owners Association, indicated that the reference
<br />to 'pit bulls should be stricken from the ordinance. He indicated his organization
<br />might file a lawsuit. Randy Chaffee, 51155 CR 11, Elkhart; Sherri Voelkert, 54686
<br />CR 19, Bristol; John Marsman, 2002 SR 51, Niles; Larry Baker, 1127 Byron Dr.; Joseph
<br />Guentert 3510 Corby; Gloria Waechter, 70914 SR 62, Edwardsburg; Ken Hizer, 1130
<br />Milton; Scott Love, 513 E. Fairview; Dave Chasney, 15643 Country View Court; Mark
<br />Wright, 601 Somerset, Mishawaka; Robert Smith, 1730 S. William; Ken Donnelly, 2605
<br />Frederickson; spoke against the bill. Council Member Zakrzewski made a motion to
<br />strike American Pit Bull, and leave vicious dog, seconded by Council Member
<br />Barcome. The motion failed on a roll call vote of two ayes (Council Members
<br />Zakrzewski and Barcome) and seven nays. Council Member Taylor made a motion to
<br />recommend this bill to the Council favorably, seconded by Council Member Serge. The
<br />motion carried on a roll call vote of nine ayes.
<br />Council Member Taylor made a motion to recess, seconded by Council Member
<br />Zakrzewski. The motion carried and the meeting was recessed at 10 :22 p.m., and
<br />reconvened at 10:35 p.m.
<br />Council Member Serge made a motion to combine public hearing on bill nos. 76, 77,
<br />78 -87, seconded by Council Member Taylor. The motion carried.
<br />BILL NO. 76 -87 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE
<br />EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND,
<br />INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1988, AND ENDING
<br />DECEMBER 31, 1988, INCLUDING ALL OUTSTANDING CLAIMS AND
<br />OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT.
<br />BILL NO. 77 -87 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE
<br />PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE
<br />CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31,
<br />1988.
<br />BILL NO. 78 -87 A BILL APPROPRIATING MONIES FOR THE
<br />EXPENSES OF THE CENTURY CENTER FUND
<br />OF THE CITY OF SOUTH BEND, INDIANA,
<br />JANUARY 1, 1988 AND ENDING DECEMBER
<br />OUTSTANDING CLAIMS AND OBLIGATIONS,
<br />SAME SHALL TAKE EFFECT.
<br />PUR
<br />AND
<br />FOR
<br />31,
<br />AND
<br />?OSE OF DEFRAYING THE
<br />THE PARKING GARAGE FUND
<br />THE FISCAL YEAR BEGINNING
<br />1988 INCLUDING ALL
<br />FIXING A TIME WHEN THE
<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. Michael Vance, Controller,
<br />made the presentation for the bill. He indicated the bills should be amended as
<br />follows: Engineer - change fiscal officer to auditor III at a salary of $23,965;
<br />Economic Development - transfer $20,000 to Human Rights; Code Enforcement, Hearing
<br />Officer - Switch salary for Hearing Officer to Other Contractual Services; Police
<br />Department - Remove Building Rental from budget; Police Department - increase 1st
<br />Class Patrolman by 3 positions, offset by reduction overtime; Neighborhood Code -
<br />Switch expense ($1,428) from Equipment Rental to Contractual Services. Council
<br />Member Taylor made a motion to accept these amendments, seconded by Council Member
<br />Serge. The motion carried. Michael Vance, Controller, indicated the budgets for
<br />the 1988 totalled $43.8 million, a $2.46 million increase over 1987. Mayor Parent
<br />indicted he was able to budget nearly $1.5 million for new construction next year
<br />despite cutbacks in state and federal funding. Joseph Guentert, 3610 E. Corby; Ken
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