SBACC Special Committee Meeting Minutes and final document (2)

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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,