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agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal <br />and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not <br />limited to, notifying the possible owner by telephone, mail, and personal service to the last known address. <br />Upon the owner’s or caretaker’s initiation of recovery procedures, the agencies shall retain custody of the <br />animal for 5 business days to allow for completion of the recovery process. All other animals shall be kept at <br />said shelter or place designated by said shelter for a period of not less than three (3) business days to afford <br />owners the opportunity to claim the animal. After such period of time, unclaimed animals shall be placed in a <br />suitable home, retained at the shelter or released to an accepted rescue organization or euthanized. Animals <br />released to the shelter by their owners, or impounded animals not claimed within the legal time become the <br />property of the shelter and disposition may be made in accordance with the criteria outline in this chapter. <br />SBACC shall not ban, bar, limit or otherwise obstruct the adoption or transfer of any animal based on breed, <br />breed mix, age, color appearance or size. <br />(5.) To ensure that no savable animal at South Bend Animal Care and Control shall be killed simply because the <br /> <br />holding period has expired. Before an animal is killed, all of the following conditions must be met: <br />(a) there are no empty cages, kennels, or other living environments <br />in the appropriate area of the shelter, <br />; <br />keeping in mind the overall health and wellbeing of the animals in SBACC’s care <br />(b) the animal cannot share a cage or kennel with another animal; <br />(c) a foster home is not available; <br />(d) not-for-profit animal rescue organizations are not willing to accept the animal; <br />(e) the animal is not an ear tipped community cat that has been spayed/neutered and vaccinated as <br />described in Section 5.001 of this chapter or <br /> the animal is not a free roaming cat subject to sterilization <br /> <br />and release into an accepted program; <br />(f) all mandates, programs and services of the Act have been met; and <br />(g) the director of the agency certifies he or she has no other alternative. <br /> <br />(6.)SBACC shall take appropriate action to ensure that all animals are checked for all currently acceptable methods <br /> <br />of identification, including microchips, identification tags, and licenses. SBACC shall maintain continuously <br />updated lists of animals reported lost, and match these lost reports with animals reported found and animals in <br />the shelter. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner <br />or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the <br />animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and <br />personal service to the last known address. Upon the owner’s or caretaker’s initiation of recovery procedures, <br />the agencies shall retain custody of the animal for a reasonable period of time to allow for completion of the <br />recovery process. Efforts to locate or contact an owner or caretaker, and communications with persons claiming <br />to be owners or caretakers, shall be recorded and be made available for public inspection for no less than three <br />years by submitting a detailed Freedom of Information Act request form. <br />(7.)To direct Animal Control Officers proceed upon public and private property within the city of South Bend in <br /> <br />accordance with the above criteria, in pursuit of animals believed to be in violation of this chapter. However, <br />this authority does not extend to a privately owned structure or enclosure without the consent of the owner, <br />lessee or other occupant in control of the premises or without other legal process or authority. Any animal <br />pursued under this section may be confiscated and held by the Department of Animal Control according to its <br />rules and regulations. If an animal is confiscated without the knowledge or consent of the owner or occupant of <br />the premises, a notice shall promptly be affixed to said premises in an obvious location, directing the occupant <br />to contact the Department of Animal Control providing the address and telephone number of same on said <br />notice. <br />(8.)To cause to be investigated all reports and complaints that are significant concerning any inhumane treatment <br /> <br />or negligent practices pertaining to animals within the city and to submit a written report that includes the <br />disposition of the complaint and condition of the animal to be reviewed by the Animal Control Commission. To <br />cause to be impounded at the Department of Animal Control or suitable places designated by the Department of <br />Animal Control all animals found in conditions adverse to their health and safety. <br /> <br />