SBACC Special Committee Meeting Minutes and final document (2)

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(e) Pursuant to impoundment of an animal under division (a), the Department of Animal Care and Control may file a petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of the animal while it is in the custody of the department. This petition shall be accompanied by an affidavit or statement of the department that sets forth an estimate of the reasonable expenses that the department expects to incur providing for that care. Reasonable expenses include but are not limited to the estimated cost of veterinary care, food and board for the animal. The owner or custodian of the animal shall be provided written notice of the petition by personal service or certified mail. Any such mail shall be sent to the last known residence, or, if this address is not known, such notice shall be sent to the address from which the animal was seized. Refusal to accept certified mail or failure to receive mail due to other delays will not negate this section. (1.)The court or hearing body to which the petition is filed shall hold a hearing on the petition. At the hearing, the department has the burden of proving that there is probable cause to find that the animal was the subject of a violation as listed under division (a). If the court finds that probable cause exists, the court shall order the owner or custodian of the animal to post a bond to cover the cost of the care of the animal for a minimum of 30 days. a.Bond must be posted within a maximum of three business days following the bond hearing judgment. If bond has not been posted within the allotted three business days, the animal shall immediately become the property of the Department of Animal Care and Control. b.Bond must be posted at the Department of Animal Care and Control Shelter in cash or certified funds only. The bond shall be deposited into the city's general trust fund, in a subaccount specific for each case. The department may draw on this account to cover the actual expenses incurred in the care of the animal. c.If, at the end of 30 days, the matter for holding said animal(s) has not been adjudicated, another bond must be posted. The renewal bond must be paid no later than the close of business on the thirtieth day. If the thirtieth day should fall on a weekend or holiday, the bond must be posted by the close of business on the last regular business day prior to the weekend or holiday. The bond must be renewed every 30 days thereafter until the matter is adjudicated by the court or hearing body having jurisdiction. Failure to repost bond at the end of any 30-day period will be considered voluntary relinquishment of the animal(s). d.Upon conviction of the accused, the court or hearing body, at its discretion may order any remaining bond money and/or the animal(s) forfeited to the Department of Animal Care and Control. e.In the event of the acquittal or final discharge, without conviction of the accused, the court shall direct the delivery of the animal(s) and any bond posted, less any reasonable medical, housing and administrative costs. (2.)The bond is intended to cover but not be limited to housing and feeding, emergency medical care, immunizations and routine medical care. Animals displaying signs of illness or injury at the time of impound will be treated immediately at the expense of the owner or custodian. Animals that have not been inoculated for or are not current on inoculations for ailments common to its species will be inoculated at the expense of the owner or custodian. Any animal displaying symptoms of illness or injury which, in the opinion of a licensed veterinarian, would cause undue suffering to that animal or pose a substantial health risk to other animals in the shelter shall be humanely euthanized immediately. (3.)This section applies to any and all animals housed at the South Bend Department of Animal Care and Control Shelter, or under the direction of the South Bend Department of Animal Care and Control at a remote facility, irrespective of the agency that seized the animals. (4.)Animals so removed may be transported to a licensed veterinarian for examination and/or treatment. If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Costs of treatment, euthanasia, and/or care shall be the responsibility of the owner/agent. (Ord. XXXXXX) 5.1071 Notice to owner.