SBACC Special Committee Meeting Minutes and final document (2)

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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.