HomeMy WebLinkAbout04-28-14 Council Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, APRIL 28, 2014
1. INVOCATION - CHAPLAIN BOB WEBSTER
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB- COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
iQiiiINHINVIR
14 -39 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND
HONORING THE LATE JEFFREY V. GIBNEY FOR HIS MANY
DEDICATED SERVICES AS THE DIRECTOR OF THE CITY'S
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
FROM 2007 - 2011
14 -40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY COMMENDING IUSB
PROFESSOR ELIZABETH BENNION WHO SERVES OUR
COMMUNITY THROUGH HER EXCELLENCE IN TEACHING,
STUDENT - FACULTY INTERACTION AND COLLABORATION IN
LIFE -LONG LEARNING
14 -48 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, DECLARING MAY 5TH THROUGH MAY
9TH, 2014 AS OPPORTUNITY YOUTH WEEK IN SOUTH BEND
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION
WILL BE CHIEF OF STAFF - KATHRYN ROOS
6. REPORTS OF CITY OFFICES - DEPUTY MAYOR MARK NEAL
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
22 -14 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS
THE FIRST EAST /WEST ALLEY SOUTH OF VINE STREET,
FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO
THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF
133.5 FEET AND A WIDTH OF 14 FEET
17 -14 PUBLIC HEARING.ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
5 OF THE SOUTH BEND MUNICIPAL CODE IN ITS
ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5
ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP
CARE AND CONTROL REGULATIONS
26 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY
INCLUDING NEW SECTION 9 -30 ENTITLED LIMITED FEE
EXEMPTIONS FOR EMERGENCIES INVOLVING LOCAL UNITS
OF GOVERNMENT GOVERNED BY MUTUAL AID AGREEMENT
29 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING
VARIOUS CITY DEPARTMENTS TO ACCEPT PAYMENTS BY
CERTAIN FINANCIAL INSTRUMENTS INCLUDING BANK CARD
AND CREDIT CARD AND TO AUTHORIZE FEE AND
ESTABLISH PROCEDURES FOR SUCH USAGE
8. BILLS, THIRD READING TIME:
BILL NO.
22 -14 THIRD READING ON A BILL TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS
THE FIRST EAST /WEST ALLEY SOUTH OF VINE STREET,
FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO
THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF
133.5 FEET AND A WIDTH OF 14 FEET
17 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
5 OF THE SOUTH BEND MUNICIPAL CODE IN ITS
ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5
ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP
CARE AND CONTROL REGULATIONS
26 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER
9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY
INCLUDING NEW SECTION 9 -30 ENTITLED LIMITED FEE
EXEMPTIONS FOR EMERGENCIES INVOLVING LOCAL UNITS
OF GOVERNMENT GOVERNED BY MUTUAL AID AGREEMENT
29 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING
VARIOUS CITY DEPARTMENTS TO ACCEPT PAYMENTS BY
CERTAIN FINANCIAL INSTRUMENTS INCLUDING BANK CARD
AND CREDIT CARD AND TO AUTHORIZE FEE AND
ESTABLISH PROCEDURES FOR SUCH USAGE
9. RESOLUTIONS
BILL NO.
14 -41 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 2115 WEST WESTERN AVENUE TO BE AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR
IRBN, INC
14 -42 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 2115 WEST WESTERN AVENUE AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A TWO (2)
YEAR REAL PROPERTY TAX ABATEMENT FOR VIDA REALTY,
LLC
14 -43 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS 1902 WEST SAMPLE STREET AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)
YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LIPPERT
COMPONENTS MANUFACTURING INC
14 -44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1020 SAINT PETER STREET AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR
ROBERT AND CATHERINE KOSSLER
14 -45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE
CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
211 WEST WASHINGTON STREET AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A FOUR (4)
YEAR REAL PROPERTY TAX ABATEMENT FOR THE TOWER AT
WASHINGTON SQUARE LLC
14 -46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING ISSUANCE OF BONDS
OF THE SOUTH BEND REDEVELOPMENT DISTRICT
14 -49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, CALLING FOR CREATIVE AND
SUSTAINABLE INITIATIVES ADDRESSING MORE
COMPREHENSIVE PROGRAMMING, YOUTH UNEMPLOYMENT AND
ENTREPRENEUR PROGRAMS
10. BILLS, FIRST READING
RTLT, NO-
31-14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS
SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF THE SOUTH
BEND MUNICIPAL CODE ADDRESSING SMOKEFREE AIR'
REGULATIONS
11. UNFINISHED BUSINESS
A. REPORTS FROM THE AREA PLAN COMMISSION
1. BILL 24 -14 - AMEND CHAPTER 21 - ARTICLE 4 AND 6
-2• RILL 25 -14 - REZONING - 4525 SOUTH BURNETT DRIVE
B. BILL 14 -47 - SET Q'OUNCIL MEETING DATE OF 5/12/14 FOR A 5
YEAR REAL PROPERTY ABATEMENT- FOR LOCK JOINT TUBE
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT
TIME:
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
e�
.... RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
PUBLICLY COMMENDING AND HONORING THE LATE JEFFREY V. GIBNEY FOR HIS MANY
DEDICATED SERVICES AS THE DIRECTOR OF THE CITY'S
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FROM 2007 -2011
Jeff Gibney was a very creative and dedicated leader in urban renewal and was known by many
as a person who dedicated his time and multifaceted talents to carry out these visions; and
0%;w4 Jeff was the Director of South Bend Heritage Foundation which worked to revitalize neglected
and worn areas of the near westside of South Bend, tumcd the downtown Robertson's department store into
vibrant senior housing apartments, built the Sister Maura Brannick tA.alth Center and the shopping center at
Chapin Street and Western Avenue; managed the Northeast Neighborhood Revnatization Organization which
helped foster the Eddy Street Commons development and construction of new homes in that area — just to name
a few: and
in 2007, Jeff was named by Mayor Stephen J. Luecke to be the Director of the Department of
Community and Economic Development, and immediately he engaged and involved neighborhood residents
into the many projects, some of which resulted in keeping more than a thousand jobs in downtown South Bend
by keeping I" Source Bank and the 1` Source Center an economic hub; building a new entrance to South
Bend's minor league ballpark; playing a pivotal role on projects such as the Kroc Center, the building of the
new Fire Station No. 2 on Chapin and Lincolnway West, and the relocation and building of the new Studebaker
Museum, and the one of his favorite the transformation of "the block" at Washington and Walnut into the West
Washington Homes, the rehabilitation of Dunbar Comer, breathing new life into the Natatorium and the Hansel
Center, as well as the Charles Martin Youth Center; and
9/,t -4 Jeff Gibney never lost sight of the many lessons he learned at Central High School , and
especially those learned from his mentor and friend Charles Martin.
.04,� "".°— I- B-o"ieafe Cbnuroq. tdl9�°s° 31 {',' d AAa WAOW,
Section I. The Common Council of the City of South Bend, Indiana, publicly commends and honors the
rich life and legacy of Jeffrey V. Gibney for the countless contributions which he made to our City, and
especially those which continue to positively impact our City today as a result of his passion, skill and
dedication as the Director of the Department of Community and Economic Development from 2007 -2011.
Section II. The South Bend Common Council extends its deepest sympathy to the many family and
friends of Jeffrey V. Gibney, and especially his daughter, Maggie Gibney; Bill Weeks, Greg Mueller, and his
brothers Greg, David and John. The City of South Bend is a better place today because of Jeffs many talents
and dedication to rebuilding and revitalizing our community.
'on III. This Resolution shall be in full force and effect fr
and approval by� Mayor.
1" strict - O' er J.
Henry Davis, Jr., 2 District Derek D.
Valerie Schey, 3` District
Dr. Fred Ferlic, 4 Dist " dct
Dr. David A. Varner, 5' District
John de, City Clerk
by the Council
President
Karen L. White, At Large; fir, Com.of Whole
Kathleen Cekanski- Farrand, Council Attorney
Mark Neal, Deputy Mayor of South Bend
�,,
'°' RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
PUBLICLY COMMENDING IUSB PROFESSOR ELIZABETH BENNION WHO SERVES OUR
COMMUNITY THROUGH HER EXCELLENCE IN TEACHING, STUDENT - FACULTY
INTERACTION AND COLLABORATION IN LIFE-LONG LEARNING
.uc American journalist Jim Lehrer once said that "If we don't have an informed electorate we don't
have a democracy". There is truth in that democracy can only exist when the citizens of a democratic state are
willing and able to take an active role in their government; and
91, -..6 Indiana University South Bend (Ill South Bend) is a comprehensive undergraduate and
postgraduate campus that serves community through its excellence in teaching, student- faculty interaction,
research and creative activity, diversity and inclusivity, a global perspective, and collaboration in life -long
learning; and
*/A; -4 the Common Council recognizes that through the efforts of members of the IU South Bend
Faculty, many work to develop engaged citizens who are prepared to build strong communities; and
fir, IU South Bend Political Scieno Professor Elizabeth Bennion is an exceptional example of
excellence in teaching, student- faculty interaction and collaboration in life -long learning as evidenced by her
long list of accolades and awards including high honors such as:
• 2011 Eldon F. Lunquist Award which honors "excellence in teaching... community service"
• 2009 W. George Pinnel Award for Outstanding Service which honors "exceptional service...and /or the
community extending over a period of at least five years"
• 2003, 2004, 2005, 2006, 2008, 2009 American Political Science Association/Pi Sigma Alpha Teaching Award
• 2003, 2004, 2005, 2006, 2008, 2009 Indiana University Trustees' Teaching Award
• 2004 Selection to IU Faculty Colloquium on Excellence in Teaching (FACET)
• 2002 Who's Who Among America's Teachers
9l,6•.y Dr. Bennion is known for being very actively involved on many campus committees with some
of her leadership positions being the Campus Director of the American Democracy Project, the Coordinator for
the American Studies Program and is the Advisor of the Political Science Club; while also conducting extensive
research on a variety of topics; teaching; having many of her articles published in the Political Research
Quarterly, Indiana Journal ojPolitical Science, and the Indiana University Press -just to name a few, as well
as the many research grants which she has received
�'am, �, eybrp lba t�.ate �bmn,•n �r+ ane'ly�ofe +Q�y/Q(m(a�',d, .�ana, s1JbOee,
Section I. The Common Council of the City of South Bend, Indiana, honors IU South Bend Political
Science Professor Elizabeth Bennion for her dedication and commitment to excellence in teaching; her many
community service projects; and a special thank you for being the moderator of the Town Hall Meetings
recently held on the proposed animal care and control ordinance proposed for the City of South Bend.
Section II. The South Bend Common Council is proud to recognize that Dr. Bennion believes in "being
the change you want to see in the world" - and is leading by example of this belief
ipg a difference.
Section III. This Resolution shall be in full force and effect
and approval by the Mayor.
Dr. David A. Vamer, 5' District
John Voorde, City Clerk
by the Council
At
tcaren L. White, At Large; Chair, Com.of Whole
Kathleen Cekanski- Farmnd, Council Attorney
`31d9°rat°it'— Io�y/,�,y 20f�
Mark Neal, Deputy Mayor of South Bend
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA DECLARING MAY 5TH THROUGH MAY 9TH, 2014 AS
OPPORTUNITY YOUTH WEEK IN SOUTH BEND
CN;wd, Out of School JAG Specialists are employed by the Northern Indiana Workforce Board
to serve dropped out youth ages 16 — 21, to e n a b 1 e t It e in t o reach their full potential; and
e, Out of School JAG Specialists are actively committed to assisting dropped out youth explore
their abilities, strengths, interests, and talents as these traits relate to career awareness & development;
and
N7CvcA, Out of School JAG Specialists assist dropped out youth to focus on attainment of their High
School Equivalency Diploma and to further the educational, personal and social growth of their
families and communities; and
6*Z� Out of School JAG Specialists work with teachers, other educators, community partners and all
interested and invested parties to help dropped out youth explore their potential and set realistic goals for
themselves; and
Out of School JAG Specialists seek to identify and utilize community resources that can
enhance and complement comprehensive personal and professional development of dropped out youth to
become productive members of society; and
Out of School JAG Specialists work diligently with dropped out youth to ensure
that they attain the soft, social, technical and interpersonal skills needed to be workforce
ready in the 21" Century, all considered an integral part ofthe educational and workforce development
process to successfully transition to adulthood.
Section I. The Common Council of the City of South Bend, Indiana, publicly acknowledges the work,
dedication and commitment of the Northern Indiana Workforce Board who employ Out of School JAG
Specialistswho work closely with youth ages 16 -21 who have dropped out of school.
Section II. The South Bend Common Council hereby declares May 5, 2014 through May 9, 2014 as
"Opportunity Youth Week" in South Bend, Indiana, and encourages all individuals to continue to help dropped
out youth explore their potential and help them obtain their goals.
This Resolution shall be in full force and effect from and after its adoption by the Council
Henry Davis, Jr., 2n0 District
Valerie Schey, 3� District
Dr. Fred Ferlic, 4` District
Dr. David A. Varner, 5` District
7
John Vo e, City Clerk
Oliver J. Davis, 6 District
Derek D. Dieter, At Large
Gavin Ferlic, At Large
Karen L. White, At Large
Kathleen Cekanski- Farrand, Council A 'y
Rom.-
Mark Neal, Deputy Mayor of South Bend
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF VINE
STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST
NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14
FEET
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged
with the authority to hear all petitions to vacate public ways or public places within the
City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a
Public Hearing on the petition to vacate the following property:
THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF VINE
STREET, FROM THE EAST RIGHT OF WAY OF 20TH STREET, EAST TO THE FIRST
NORTH /SOUTH ALLEY FOR A DISTANCE OF 133.5 FEET AND A WIDTH OF 14
FEET. BEING A PART OF HAMMOND AND WHITCOMB'S SECOND ADDITION, CITY
OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
hereby determines that it is desirable to vacate said property.
SECTION Il. The City of South Bend hereby reserves the rights and easements
of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain
any facilities, including, but not limited to, the following: electric, telephone, gas, water,
sewer, surface water control structures and ditches, within the vacated right -of -way,
unless such rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected
by such vacating:
Lots 018 - 6135 -4692 AND 018 - 6022 -0599
SECTION IV. The purpose of the vacation of the real property is to incorporate
the real property into the property of the "Annex of South Bend" Apartments, for the
purpose of parking, landscaping, maintenance and operations.
SECTION V. This ordinance shall be in full force and effect from and after its
passage by the ,Common Council and approval by the Mayor.
Member of the Common Coun it
Attest:
(?'+'I it si3 inriBvtii9 en
oppviun j i p't t>e in8 and
Cound 2Ctk m on this laue.
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
I st READING
3�t`'rj%
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of 2 , at
Mayor, City of South Bend, Indiana
;-41ed in dlerws Office
Joi 11 VQOP.D i
CITY CLERK, SOUTH BEND, IN
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: March 4, 2014
I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
THE ALLEY TO BE VACATED IS THE FIRST EASTANEST ALLEY SOUTH OF VINE STREET, FROM
THE EAST RIGHT OF WAY OF 2e STREET, EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A
DISTANCE OF 133.5 FEET AND A WIDTH OF 14 FEET. BEING A PART OF HAMMOND AND
WHITCOMB'S SECOND ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA.
B. THE STREET DESCRIBED AS:
N/A
NAME (signed & printed)
Annex of South Bend LLC
By:
Kyle Bach
CEO
ADDRESS
Annex of South Bend, LLC
911 Main Street
Fishers, Indiana 46038
LOT #
Lot 1 -5 Riverview Sub'd
Lot 24 Hammond & Whitcomb's
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574 - 235 -9221
CONTACT PERSON
NAME: Bryan Moll
ADDRESS: American Structurepointe
7260 Shadeland Station
Indianapolis, Indiana 46256
PHONE: 317 -547 -5580
Filed in Clerk's>
CITY CLF-RK, SOUTH REND, IN
'c
z Lo�N \300MBS a s Lot 320 \K \ON
x OR Lot 24 s gF' pR Lot 31 a
U
133.5 P 1315' P
zo-
d
a
10 133.5' P / 133.5' P
0
Lot 30
n F— Lot 1 s VACATED 14' ALLEY
RESOLUTION # 9777 -07 Lu Iw 14 1 ALLEY W
V! INST. # 0748913
F— VACATION
o �
M
N F— ¢ Lot 29 ON 0f o
F= Lot 2 pOp\ LL °
Lu
LLJ
p�� 9Lot 28
j a
Lot 3 \y0� 131; P
o S�gOQ \G R
q25 LJ Lot 4
z
L133.5' P
z Q Lot 5 Lo
"
W
Q. 4 XKa Ulmµ wS'r
Eu RTH SIDE BOULEVARD Q PLEASANT STREET
v 0'
50
w
\ ! ! CT
r - -ila
Q
r SC Z
!, SCALE: 1"=50'
�y� ALLEY VACATION EXHIBIT
E
".._.__c-- �At�iNCa1F9
7260 SHADELAND STATION DATE: 3/4/2014 SHEET N0.
INDIANAPOLIS, IN 4256-3957
VTRUCTUREPOINT TEL 317.547.5 80 FAX 3176543 0270 DRAWN BY: EE t
INC. www.structurepoint.com of
t
JOB N0. 2013.07043
nFSC III F, u I FY vecemm
\'llad in Clark's o %
Q 2614
!o#aeK. z«
0 00
W
HOO M O U
00
000
22
a�
2
,
!$
|. )
wo
woo
7
/�
�\�
}.
)�
\
ƒ!
�
\!
ZO(
\\
0 M
0 00
000
00
000
wo
woo
\)\k8 \0k \} §\
/�,Mmmkm /\\
�2)){))}§
!22§fEp§,Oo,
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
.SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
February 25, 2014
Shaun Cofer
American Structure Point
7260 Shadeland
Indianapolis, Indiana 46256
PHONE 574/235-9251
FAX 574/235 -9171
RE: Alley Vacation — The First East/West Alley North of North Side Blvd from 20th Street East to
the First Notch /South Alley (Preliminary Review)
Dear Mr. Cofer:
The Board of Public Works, at its February 25, 2014, meeting, reviewed comments by the
Engineering Division, Area Plan Commission, Community Investment, Fire Department, and the
Police Department. The following comments and recommendations were submitted:
Area Plan stated that the vacation would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make
access to the lands of the aggrieved person by means of public way difficult or inconvenient. The
vacation would not hinder the public's access to a church, school or other public building or place.
The vacation would not hinder the use of a public right of way by the neighborhood in which it is
located or to which it is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the
vacation of this alley.
You will need a radius ma show' in ¢� ytaa riot to iekin u our radius ma
petition to the Common Council, and a Cross Access A! reement o the proposed with all affected property for your
Once you pick up the radius map, proceed to the City Clerk's office for your alley vaati acket.
Sincerely,
Lin a M. Martin, Clerk
c: Federico Rodriguez, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
GARY A. GILoT DAVID P. RELos KATHRYN E. Roos PATRICK M. HE14TH0RN
BRIAN J. PAWLOWSKI
/file o- 1 ? -EY
Bill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE IN ITS
ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5 ENTITLED
RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS
STATEMENT OF PURPOSE AND INTENT
(a) The following regulations are enacted in the interest'of setting forth comprehensive
public safety regulations which, when effectively implemented, administered and enforced,
promote responsible animal and pet ownership. The regulations are aimed at ensuring due
process protections for owners by promoting responsible animal and pet ownership, which is
essential to the protection of animals residing in the city limits.
(b) The following regulations set forth the best practices for the humane and ethical
treatment of animals by requiring animal and pet owners to comply with reasonable regulations
in order to be responsible owners
Now, therefore, be it ordained by the Common
Indiana, as follows: Council of the City of South Bend,
Section I. Chapter 5 of the South Bend Municipal Code is amended in its entirety and replaced
in its entirety to read as follows:
CHAPTER 5
RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL
REGULATIONS
Article 1. General Provisions.'
Sec. 5 -1
Legislative Findings and Intent of Regulations.
See. 5-2
Definitions.
Sec. 5 -3
Regulations are Supplemental to State and County Laws.
Sec. 5 -4.
Schedule of Fees for the Division of Animal Care and Control.
Sec. 5 -5
Through Sec. 5 -7 Reserved for Future Use
' Indiana Code § 36- 1.4 -11, authorizes the city to pass and enforce ordinances.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 2
Article 2. Honey Bee Keeping Regulations
Sec. 5 -8 Legislative Findings.
Sec. 5-9 Definitions.
Sec. 5 -10 Honey Bee Keeping Public Safety Regulations.
Sec. 5 -11 Compliance Required; Penalties.
Sec. 5 -12 Through Sec. 5 -14 Reserved for Future Use.
Article 3. Animal Care and Control Rules and Regulations.
Sec. 5 -15 Adequate Shelter, Food and Water to be Provided.
Sec. 5 -16 Medical and Grooming Care Requirements.
Sec. 5 -17 Removal of Excrement Required.
Sec. 5 -19 Acreage Requirements for Certain Domestic Animals and Fowl.
Sec. 5 -20 Urban Chicken Regulations.
Sec. 5 -21 Restraint of Animals Required; Limited Exception for Off -Leash Dog Run Park.
Sec. 5 -22 Fastening Animals with Rope or Chain; Choker Collar.
Sec. 5 -23 Cruelty to Animals Prohibited.
Sec. 5 -24 Animal Hoarding Prohibited.
Sec. 5 -25 Animal Fights and Fighting Contests Prohibited.
Sec. 5 -26 Prohibited Animal Events.
Sec. 5 -27 Poisonous Bait Prohibited.
Sec. 5 -28 Enticement of Another Person's Animal Prohibited.
Sec. 5 -29 Interference With Another Person's Animal Prohibited.
Sec. 5 -30 Offensive Use of Animal Prohibited.
Sec. 5 -31 Abandonment of Animals Prohibited.
Sec. 5 -32 Trapping and Free - Roaming Cat Regulations.
Sec. 5 -33 Public Nuisance Animals Prohibited.
Sec. 5 -34 Animals as Prizes or Inducements.
Sec. 5 -35 Dyeing or Staining Animals Prohibited and Selling Animals as Novelties
Prohibited.
Sec. 5 -36 Notification of Injury Caused by Motor Vehicle to Animals Required.
Sec. 5 -37 Notification of Lost or Stray Animals Prohibited.
Sec. 5 -38 Dangerous Animals.
Sec. 5 -39 Biting Animals; Report; Procedure.
Sec. 5 -40 Exotic Animals and Native Wildlife.
Sec. 5 -41 Training Methods.
Sec. 5-42 Destruction of Animals.
Sec. 5 -43 Habitual Animal Offender.
Sec. 5 -44 Through Sec. 5 -49 Reserved for Future Use.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 3
Article 4. Pet Registration Reauirements and Commercial Animal Permits
Sec. 5 -50 Pet Registration Required; Exception; Tags; Microchip Implant.
Sec. 5 -51 Application for Registration or Permits.
Sec. 5-52 Fees.
Sec. 5 -53 Permit Suspension.
Sec. 5 -54 Appeals; Re- inspections; Denials or Revocation of Permit.
Sec. 5 -55 Redemption of Impounded Animals Seized for Permit Denials, Suspensions, or
Revocation.
Sec. 5 -56 Through Sec. 5 -59 Reserved for Future Use.
Article 5. Commercial Animal Permit Re ulations.
Sec. 5 -60 Kennel /Cattery Permit Regulations,
Sec. 5 -61 Major Breeder's Permit Regulations.
Sec. 5 -62 Minor Breeder's Permit Regulations; Sale of Underage Animals Prohibited.
Sec. 5 -63 Veterinary Hospitals /Clinics
Sec. 5 -64 Grooming Shop Permit.
Sec. 5 -65 Pet Shop Permit
Sec. 5 -66 Circuses, Animal Concessions and Animal Events.
Sec. 5 -67 Zoological Parks.
Sec. 5 -68 Exceptions for Division of Animal Care and Control and Animal Welfare
Organizations.
Sec. 5 -69 Through Sec. 5 -74 Reserved for Future Use.
Article 6. Specific Requirements Governing Dogs and Cats
Sec. 5 -75
Rabies Vaccination Required.
Sec. 5 -76
Dogs or Cats in Heat.
Sec. 5 -77
Sale of Puppies and Kittens.
Sec. 5 -78
Through 5 -85 Reserved for Future Use.
Article 7. Animal Euthanasia
Sec. 5 -86 Euthanizing Animals.
Sec. 5 -87 Through Sec. 5 -89 Reserved for Future Use.
Article S. Administration and Enforcement.
Division I. Shelter Manager.
Sec. 5 -90 Duties of Shelter Manager,
Sec. 5 -91 Through Sec. 5 -94 Reserved for Future Use.
Division II. Animal Control Commission
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 4
Sec. 5 -95 Animal Control Commission Established; Membership.
Sec. 5 -96 Officers, Meetings and Meeting Minutes of the Animal Control Commission.
Sec. 5 -97 Duties and Responsibilities of the Animal Control Commission.
Sec. 5 -98 Through Sec. 5 -104 Reserved for Future Use.
Division III. Implementation and Enforcement
Sec. 5 -105
Interfering With Enforcement.
Sec. 5 -106
Impoundment.
See. 5 -107
Notice to owner.
See. 5-108
Redemption.
Sec. 5 -109
Inspections.
Sec. 5 -110
Disposition of money.
Sec, 5-111
Penalties.
Sec. 5 -112
Through Sec. 5 -119 Reserved for Future Use.
Article 1. General Provisions.
Sec. 5 -1. Legislative Findings and Intent of Regulations.
(a) The following regulations are enacted in the interest of setting forth comprehensive
public safety regulations which, when effectively implemented, administered and
enforced, promote responsible animal and pet ownership. The regulations are aimed at
ensuring due process protections for owners by promoting responsible animal and pet
ownership, which is essential to the protection of animals residing in the city limits.
(b) The following regulations set forth the best practices for the humane and ethical
treatment of animals by requiring animal and pet owners to comply with reasonable
regulations in order to be responsible owners.
See. 5-2. Definitions.
For the purpose of this Chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Article 9. Rental Horses
Rental Horses
Sec. 5-120
Definitions.
Sec. 5 -121
Permits and administration.
Sec. 5 -122
Housing/stable premises.
Sec. 5-123
Regulations.
Sec. 5 -124
Excepted from coverage.
Article 1. General Provisions.
Sec. 5 -1. Legislative Findings and Intent of Regulations.
(a) The following regulations are enacted in the interest of setting forth comprehensive
public safety regulations which, when effectively implemented, administered and
enforced, promote responsible animal and pet ownership. The regulations are aimed at
ensuring due process protections for owners by promoting responsible animal and pet
ownership, which is essential to the protection of animals residing in the city limits.
(b) The following regulations set forth the best practices for the humane and ethical
treatment of animals by requiring animal and pet owners to comply with reasonable
regulations in order to be responsible owners.
See. 5-2. Definitions.
For the purpose of this Chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 5
(a) Abandon: To knowingly, intentionally, or recklessly leave unattended, without proper
food, water, or shelter, for 24 hours or more, in or about a building or structure or any
portion thereof on or about any propert y.2
(b) Adequate shelter: A structure designed specifically to shelter an animal that allows an
animal to maintain its body heat, with a roof, structured floor and three sides free of leaks
or openings to the wind and rain, and a fourth side allowing access that is protected from
the elements. The structure is physically located in a dry area allowing the animal dry
keeping and access outside the structure to dry ground that is mud free. Livestock require
a structure with three sides and a roof designed to protect from the elements.
(c) Altered animah An animal that has been operated on to prevent it from procreating.
(d) Animal: Any living vertebrate, domestic or wild, except a human being.'
(e) Animal Concession: Any person, group of persons, partnership, or corporation who for
compensation has any animal available for hire or on display.
(f) Animal Control Commission: The Animal Control Commission shall be an advisory
Commission with regard to policy and fiscal decisions affecting the Division of Animal
Care and Control, with the Common Council having final authority regarding fiscal
matters.
(g) Animal Control Officer: A person authorized to carry out the provisions of this Chapter.
(h) Animal event: Display, activity or show of wild or domestic animals in a shopping
center, retail establishment, adjacent lot, or elsewhere.
(i) Animal fighting paraphernalia: Equipment or items used to train or condition animals
for participation in an animal fighting contest or materials to promote animal fighting, the
breeding of animals specifically for the purpose of fighting, train animals for fighting, or
to track the results of animal frghts.4
0) Animal hoarder: Any person who:
1. Having one or more than animals and failing to provide adequate standards of
nutrition, sanitation, shelter, and veterinary care, with this neglect often resulting
in illness and death from starvation, spread of infectious disease, and untreated
injury or medical condition, or
2.Denial of the inability to provide this minimum care and the impact of that failure
on the animals, the household, and human occupants of the dwelling, or
' Indiana Code § 25- 38.1 -4 -8 sets forth regulations addressing "abandoned animals" and the role of a veterinarian.
Indiana Code § 35- 46 -3 -7, Version A addresses abandonment or neglect effective through July 1, 2014 and Indiana
Code § 35- 46 -3 -7, Version B sets forth regulations addressing abandonment and neglect which become effective
July 1, 2014.
'Indiana Code § 25- 38.1 -1 -5 defines an animal as including "birds, fish, mammals and reptiles wild or domestic ".
Indiana Code § 35- 46 -3 -4.3 defines "animal fighting paraphernalia ".
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 6
3.Persistence, despite this failure, in accumulating and controlling animals.
(k) Animal welfare organization: Any group maintaining a 501(c) 3 status with the primary
purpose of promoting animal health, safety, or adoption or the prevention of animal
cruelty. Organizations described in section 501(e) (3) are commonly referred to as
charitable organizations or non -profit organizations, as per Internal Revenue Service
standards. The animal welfare organization's IRS letter of determination must be on file
with South Bend Animal Care and Control.
(1) At large animal: Any animal not under restraint or control. This section does not apply to
free - roaming and /or community cat(s).
(m)Attack: When the animal exhibits one or more of the following behaviors, including, but
not limited to: snarling, biting, baring teeth, chasing, growling, barking, snapping,
pouncing, lunging. .
(n) Auction: Any place or facility where animals are regularly bought, sold or traded, except
for those facilities otherwise defined in this Chapter or by Indiana state law.
(o) Breeder: Any person who intentionally or accidentally causes the breeding of an animal
or makes an animal cat or dog available for breeding purposes, or any person who offers
for sale, sells, trades, receives other compensation or gives away any litter of dogs or
cats; or any person who has unaltered animals who habitually (two or more litters) have
accidental litters.5
(p) Bite: To seize or cut with the teeth, breaking the skin
(q) Business day: Monday through Friday, except for federal or state holidays.
(r) Caretaker: A person who provides food, water and shelter for free - roaming and /or
community cat(s). _
(s) Cattery: Any person or group of persons, partnership or corporation engaged in keeping
more than one (1) unaltered cat for the purposes of breeding.
(t) City: City of South Bend, Indiana.
(u) Community cat: An unowned, outdoor cat that has been evaluated and sterilized by a
licensed veterinarian, ear tipped and released back into the area from which it was
captured and is cared for by a caretaker.
'Indiana Code 15 -21 sets forth "Commercial Dog Breeder Regulations".
e Indiana Code § 15- 20 -1 -3 sets forth the regulations address "dog bite liability ". Indiana Code § 15- 20.14 Version
A sets forth the regulations addressing dog bite liability as a criminal offense through July 1, 2014 and Indiana Code
§ 15- 20 -1 -3 Version B sets forth the regulations addressing dog bite liability as a criminal offense effective July 1,
2014.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 7
(v) Circus: Performances given by traveling companies on vacant lots with tents, or some
other kind of temporary enclosure, where performances are given for a fee. Performances
may include, but are not limited to: Trained animal acts, races, feats of horsemanship,
acrobatics, strength, trapeze acting, or clowns.
(w) Dangerous animal: any animal that:
1. has, off of its owner's property, attacked another animal or livestock; or
2. has attacked or which has attempted to attack, unprovoked, any human being,
whether on or off the owner's property; or
3. has bitten any human being, unprovoked, with said injury requiring stitches and the
loss of blood; or
4. has bitten or attacked a person, unprovoked, causing wound or injuries creating a
potential danger to the health or life of the victim; or
5. has a history documented with a public agency of biting or attacking humans or
domestic animals; or
6. has a known propensity, tendency or disposition to attack, to cause injury or
otherwise threaten or endanger the safety of humans or domestic animals; or
7. has been found to be at large and has been documented to be at large by an animal
control officer on three (3) or more separate occasions in a twelve -month period.
However, no animal shall be considered a dangerous animal if injury or damage is inflicted by
that animal upon a person or another animal if such person or other animal, at the time such
injury or damage was sustained, was committing a criminal trespass upon the premises occupied
by the owner or keeper of the animal, or was provoking, teasing, tormenting, abusing or
assaulting the animal or was committing or attempting to commit a crime. The definition
excludes law enforcement animal, K -9 dogs, and police dogs.
(x) Dangerous wild or dangerous exotic animal: A wild or exotic animal, not indigenous to
the State of Indiana, not commonly found as a domestic animal, that would create a
potential risk to public safety including but not limited to bears, wolves, lions, tigers,
jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are
venomous, apes, baboons, macaques, or any hybrid of like animal.
(y) Division of Animal Care and Control. The municipally operated division established for
the purpose of animal control, care and disposition, as set forth in this Chapter, operated
by and under the direct supervision of the Director of the Code Enforcement Department
and the Shelter Manager.
(z) Director: The Director of the Code Enforcement Department for the City.
(aa) Domestic animal.-7 Any animal that is a member of one of the following species:
1. Dog (Canis familiaris)
Indiana Code § 3546 -3 -12, Version A sets forth the state regulations addressing the killing of a domestic animal
which remain in effect until July 1, 2014 and Indiana Code § 3546 -3 -11.5, Version B set for the state regulations
addressing the killing of a domestic animal which take effect July 1, 2014.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 8
2. Cat ( Felis cattus or Felis domesticus)
3. Cattle (Bos domesticus or Bos taurus or Bos indicus)
4. Horse (Equus caballus)
5. Donkey (Equus asinus)
6. Pig (Sus scroffa)
7. Sheep (Ovis aries)
8. Goat (Capra hircus)
9. Bison
10. Chickens
11. Pigeons
12. Rabbit (Oryctolagus cuniculus)
13. Mouse (Mus musculus)
14. Rat (Rattus rattus)
15. Guinea Pig (Cavis procellus)
16. Chinchilla (Chinchilla langier)
17. Hamster (Mesocriecetus auratus)
18. Gerbil (Gerbillus gerbillus)
19. Mink
20. Cow or Ox (Bovine)
21. Ferret
22. Llamas
23. and all other domestic animals defined in IC 15- 2.1 -2 -15
(bb) Enforcement Authority: Law Enforcement Control Agencies and officers acting on
their behalf and Animal Control and Care Officers sanctioned by the City of South Bend,
St. Joseph County, or the State of Indiana.
(cc) Exotic animal: means any animal whose normal native habitat is not indigenous to
the continental United States, excluding Alaska and Hawaii, except fish and fur- bearing
animals commercially bred for the furrier trade and birds defined under federal
regulations, and nonpoisonous snakes and reptiles.
(dd) Foster animal: means any animal placed by an animal welfare organization in
temporary,care at a foster home until it is adopted. For the purposes of this chapter, it is
not owned by the animal welfare organization or the foster home and is exempt from
license requirements while it is a foster animal.
(ee) Foster home: physical location away from an animal shelter providing temporary
care to a foster animal.
(ff) Free - roaming cat: Any unowned, unaltered, outdoor cat.
(gg) Grooming shop: A commercial establishment where animals are bathed, clipped,
plucked or otherwise groomed.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 9
(hh) Harboring: means the actions of any person that permit any animal habitually to
remain at large or to be fed within his home, store, enclosure, yard or place of business or
any premises on which such person resides or controls. An animal shall be presumed
harbored if it is fed or sheltered for three (3) consecutive days. This does not apply to
community cats or free - roaming cats.
(ii) Impoundments To seize and place in to the Animal Shelter for the City of South Bend,
any animals found in violation of this chapter and /or Indiana law, or to temporarily house
animals in protective custody due to disaster or other tragic event.9
Oj) Intact animal permit: The permit required by any person engaged in owning or harboring
more than one dog over the age of six (6) months; which is unaltered, and /or more than
one (1) cat over the age of six (6) months, which is unaltered.
(kk) Kennel: Any person, group of persons, partnership or corporation engaged in
keeping more than one (1) unaltered dog, or the business of boarding, or training for a
fee, or grooming and which is zoned for such purposes.
(11) Large or Exotic Birds: Any large or exotic pet bird including but not limited to: caiques,
conures, lories, lorikeets, large parakeets, parrots, poicephalus, African greys, Amazons,
Cockatoos, eclectus, and macaws
(mm) Law Enforcement Animal, K -9 dogs, and police dogs: Means a professionally
trained dog used by law enforcement officers for law enforcement purposes and
activities.
(nn) Lawful trap, snare, or similar device • A humane, box style trap of suitable size and
construction appropriate for the target species.
(oo) Leash: Means a cord, rope, strap or other such physical restraint.
(pp) Litter permit: The permit required by any person who intentionally or
unintentionally causes or allows the breeding of a litter of dogs or cats in a twelve -month
period. Exception: if the parent animal(s) are altered within fourteen (14) weeks after
giving birth or the parent animal(s) and the litter are relinquished to SBACC within
fourteen weeks after birth of the litter, all permit requirements shall be waived.
'Indiana Code § 35- 46 -3 -6 addresses the impoundment of animals, probable cause hearings and bond requirements
'Indiana Code § 15- 20 -1 -7 authorizes a "law enforcement officer or any other person having authority to impound
animals [who] has probable cause to believe that there has been a violation..." with Indiana Code § 35- 46 -3 -6
applying. Indiana Code § 35 -46 -3 -11, Version A sets forth cruelty to law enforcement animal regulations effective
until July 1, 2014 and Indiana Code § 35- 46 -3 -11, Version B.sets forth cruelty to law enforcement animal
regulations which become effective July 1, 2014.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 10
(qq) Microchip implant: A passive electronic device that is injected into an animal by
means of a pre - packaged sterilized implanting device for purposes of identification
and /or the recovery of animals by their owner(s).
(rr) Medium or large reptile: A cold - blooded vertebrate including but not limited to iguanas,
monitors, snakes, and tortoises.
(ss)Microchip reader: An electronic device that detects any implanted microchip.
(tt) Owner /guardian: A person owning or harboring one (1) or more animals for a period of
longer than twenty -one (2 1) days; however, caretakers of free - roaming and /or community
cats shall not be deemed to be owners or guardians of such animals. 10
(n u) Patron Contact: Any person acting within the realm of a guest, customer, visitor,
client, or the like to an establishment may not touch, handle, or physically interact in any
way with an exotic and /or dangerous animal, unless they are acting under the scope of
their legally sanctioned "enforcement authority" in each particular instance.
(vv) Person: An individual, firm, corporation or commercial establishment
r (ww) Pet: Any animal owned or harbored by any person, group of persons, partnership
or corporation, except service dogs, or police or canine governmental dogs.
(xx) Pet shop: Any person, group of persons, partnership or corporation, whether
operated separately or in connection with another business enterprise, except a licensed
cattery, kennel or breeders, that buys, sells or offers for sale any species of animal,
wholesale or retail. A permanent physical structure specifically designed and ventilated
for the overnight and long -term housing and sale of animals both wholesale and retail.
(yy) Potentially dangerous: Any of the following:
1. Any animal which, when unprovoked, on two (2) separate occasions within the
prior thirty -six (36) month period, engages in any behavior that requires a
defensive action by any person to prevent bodily injury when the person and the
animal are off of property owned, lawfully occupied or controlled by the
owner /guardian or keeper of the animal as documented by an enforcement
authority.
2. Any animal which, when unprovoked, bites a person causing an injury that is not a
severe injury, as defined below.
3. Any animal which, when unprovoked and off of property owned, lawfully
occupied or controlled by the owner /guardian or keeper of the animal, on two (2)
separate occasions within the prior thirty -six (36) month period, has bitten or
otherwise caused injury to a domestic animal that is not a severe injury, as defined
below as documented by an enforcement authority
'0 Indiana Code § 15- 20 -1 -2 defines "owner" as "...a person who possesses, keeps, or harbors a dog".
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 11
(zz) Prohibited event: Any event where the enforcement authority determines it
necessary to prevent animals from being present during the event to ensure public safety.
(aaa) Protective Custody Impound: To seize and place in to the Animal Shelter for the
City of South Bend, any animals due to disaster or other tragic event.
(bbb) Provoked. To stimulate, arouse, incite or excite.
(ccc) Public nuisance: Any animal which:
1. Interferes with a pedestrian(s) or a passing vehicle(s) or
2. Attacks another animal or a person(s) or
3. Is at large or
4. Damages private or public property or
5. Barks, whines, howls or makes other sounds common to its species in excess,
continuously for 15 minutes or for an aggregate 20 minutes in a one -hour period
or
6. Is a dangerous wild or exotic animal.
(ddd) Quarantining authority: The Department of Code Enforcement, Division of
Animal Care and Control its agents, employees and designees, acting under directives
and regulations of the Health Department of St. Joseph County or the Indiana state board
of animal health.
(eee) Rabies vaccination: The injection administered by a licensed and accredited
veterinarian, of a dog, cat or other animal with a rabies vaccine licensed by the U.S.D.A.
and approved by the Indiana State Board of Animal Health.
(M) Restraint: Any animal secured by a leash or lead, or under the physical control of
the animal's owner or owner's designated agent, or within the real property limits of its
owner.
(ggg) Riding school or stable: Any place which has available for hire, boarding or riding
instruction, any horse, pony, donkey, mule or burro.
(hhh) Rodeo: A performance featuring bronco riding, steer wrestling, calf roping, greased
pig contest or bull riding.
(iii)SBACC: South Bend Animal Care and Control, the body that acts with authority derived
from the Division of Animal Care and Control.
(jjj)Severe injury: Any physical injury to a human being or domestic animal or domestic
livestock that results in multiple bites, broken bones, muscle tears or disfiguring
lacerations or requires multiple sutures or corrective or cosmetic surgery.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 12
(kkk) Service animal:11 Animal trained and certified to assist a person who is impaired
by:
1.Blindness or any other visual impairment;
2.Deafness or any other aural impairment; or
3.A physical disability; or
4.A medical condition or any other condition governed by the Americans with
Disabilities Act (ADA).
(ill)Shelter manager: The Shelter Manager for the Division of Animal Control.
(mmm) Small Animal: Any small domestic animal including but not limited to: ferrets,
gerbils, guinea pigs, hamsters, mice, and rats.
(mm) Small Birds: Any small pet bird including but not limited to: canaries, finches,
cockatiels, lovebirds, small parakeets, and parrotlets.
(000) Small Reptile: A cold - blooded vertebrate including but not limited to: bearded
dragons, frogs, geckos, skinks, salamanders, and turtles.
(ppp) Stray: Any animal that is not under restraint and /or upon reasonable inquiry by an
animal control officer does not appear to have an owner. This section does not apply to
free- roaming and /or community cat(s) as defined in this Chapter.
(qqq) Tether: Attaching a domestic animal to a stationary object or pulley run by means
of a chain, rope, tether, cable, or similar restraint. Tether does not include the use of a
leash to walk a domestic animal.
(m) Trap - neuter - return: is a management technique in which homeless, free - roaming
cats are humanely trapped, evaluated and sterilized by a licensed veterinarian, vaccinated
against rabies, and then returned to their original habitat.
(sss) Unprovoked: An action can be labeled "unprovoked" when the action or reaction
of an animal was without stimulation, arousal, excitement, incitement, triggering, or
otherwise motivating factors to provide for a reasonably foreseeable animal reaction.
(ttt)Veterinarian:11 means any person licensed and accredited to practice veterinary medicine
in the State of Indiana.
(uuu) Veterinary hospital: Any establishment maintained and operated by a licensed
veterinarian for the purpose of hospitalization of animals or the diagnosis and treatment
of diseases and injuries of animals.
" Indiana Code § 3546 -3 -11.5, Version A defines "service animal' with those regulations effective through July 1,
2014 and Indiana Code § 3546 -3 -11.5, Version B defines "service animal' and addresses cruelty to a service
animal and become effective July 1, 2014.
12 Indiana Code 25 -38.1 sets forth the governing state regulations for veterinarians. Indiana Code § 25- 38.1 -1 -10
defines "licenses veterinarian ".
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 13
(vvv) Vicious animal: Includes any of the following:
L Any animal which, when unprovoked, in an aggressive manner, inflicts severe
injury on or kills a human being or domestic animal.
2. Any animal previously determined to be and currently listed as a potentially
dangerous animal which, after its owner /guardian has been notified of this
determination, continues the potentially dangerous behavior, as defined herein or
is maintained in violation of Chapter 5,
(www) Wild animal: Any living vertebrate animal normally found in the wild state.
(xxx) Zoological park: Any permanent facility or operation other than a pet shop,
displaying or exhibiting one or more species of non - domestic animals, operated by a
person, partnership, corporation or government agency.
Sec. 5 -3. Regulations are Supplemental to State and County Laws.
The regulations of this Chapter supplement all laws of the state and county ordinances covering
the same subject matter.
See. 5 -4 Schedule of Fees for the Division of Animal Care and Control.
(a) In addition to any other fees required to be paid by state law, the fee schedule for the
Division of Animal Care and Control is as follows:
Type of Fee Fee Amount
Return to Owner Fees:
First redemption
$ 15.00
Second redemption
$ 50.00
Third redemption
$ 75.00
Fourth redemption (and subsequent)
$100.00
Daily boarding fee after legal hold 13 $ 10.00
Prophylactic Vaccination & Dewormer $ 5.00
Type of Fee Fee Amount
Pain Medication /Antibiotics $ 2.00 per dose
Flea Treatment $ 10.00 per dose
" Any owner requesting that the Division of Animal Control hold a stray animal longer than the three (3) day stray
period must be approved by the Division.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 14
Rabies vaccination reimbursement $ 25.00
Pick -up of an owned animal $ 40.00
Euthanasia by request of owner $ 20.00
10 day quarantine (per day /cat) $ 10.00
10 day quarantine (per day /dog) $ 15.00
Microchip fee $ 20.00
Adoption fees14
Dog
$ 85.00
Puppy
$100.00
Cat
$ 65.00
Small animal
$ 5.00
Small bird
$ 10.00
Large bird or exotic bird
$ 75.00
Rabbit
$ 10.00
Small reptile
$ 10.00
Medium or Large reptile
$ 40.00
Protective Custody Impound Fees:
Fire, death, accident, acts of God, etc. No charge for first three (3) days
$ 10.00 per day per cat
$ 15.00 per day per dog
Arrest, seized for abuse, cruelty, $ 10.00 per day per cat
abandonment, court case holds, etc. $ 15.00 per day per dog
Replacement pet registration (all classifications) $ 5.00
UPS shipping of biting animals for testing by state $ 30.00
(b) Fees will be waived only at the discretion of management/supervisory personnel.
Sec. 5 -5 Through Sec. 5 -7 Reserved for Future Use.
Article 2. Honey Bee Keeping Regulations. 15
14 Listed adoption fees for dogs, cats and puppies may be reduced in the event of the receipt of grants and /or special
programming and prior notice to the Common Council.
15 Indiana Code § 14- 24 -2-4 sets forth the duties for the Division Director in the protection and development of the
bee and honey industry in the State of Indiana.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 15
Sec. 5 -8 Legislative Findings.
(a) The Common Council finds that honey bees can be maintained within populated areas
without causing a nuisance, if honey bees are properly located, managed, and maintained.
(b) Honey bees area benefit to society by pollinating flowers, gardens and trees and thereby
contributing to the local ecosystem; as well as furnishing honey, wax, and other useful
projects.
(c) The regulations set forth in this Article are in the best interests of the health, safety and
welfare of the city. (Ord. No. 10241, § II, 07- 08- 2013)16
See. 5-9 Definitions.
As used in this Article, the following words, terms and phrases shall have the meanings set forth
herein:
(a) Apiary: the assembly of one (1) or more hives or colonies of honey bees at a single
location.
(b) Beekeeper: a person who keeps honey bees in hive(s) which meet state approved
requirements.
(c) Beekeeping Equipment: anything used in the operation of an apiary, such as hive bodies,
supers, frames, top and bottom boards and extractors.
(d) City: City of South Bend, Indiana.
(e) Colony: the entire honey bee family or social unit living together including the queen,
workers and drones.
(f) Flyway barrier: fencing, dense hedging or a combination of the two, which provides a
shield or protective barrier from the direction in which the honey bees fly when
approaching or leaving a hive. 17
(g) Hine: a frame or structure used or employed as a domicile for honey bees which meet
state approved requirements.
(h) Honey Bee: the common domestic honey bee, limited to the Apis mellifera species,
specifically excluding the African honey bee, Apis mellifera scutellata or Africanized
honey bee, or any hybrid thereof.
"Indiana Code § 36- 14-11 authorizes a city to pass, codify and enforce ordinances; and Indiana Code § 36.1 -3 -2
grants to cities "... all the powers that they need for the effective operation of government as to local affairs'
"Flyway barriers assist in deterring honey bees from contact with humans and domesticated animals.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 16
(i) Lot: a piece, parcel, plot or tract of land designated by its owner or developer to be used,
developed or built upon as a unit under single ownership or control and may consist of:
1. A single lot or record; or
2. A combination of complete lots of record. (Ord. No. 10241, § II, 07- 08- 2013)18
See. 5 -10 Honey Bee Keeping Public Safety Regulations.
(a) Any person desiring to raise the common domestic honey bee, limited to the Apis
mellifera species, must comply with the following public safety regulations.
(b) No hive shall exceed seventeen (17) cubic feet in volume.
(c) Location Requirements:
1. Where a lot has a fence, hives must maintain a four foot (4') radial distance from
the property line as measured from the center of the hive.
2. Where a lot does not have a fence, hives must maintain a four foot (4') radial
distance from the lot line as measured from the center of the hive. The beekeeper
must also install a flyway barrier no further than four feet (4') in front of the hive
entrance.
3. In no event shall a hive be located closer than ten feet (10') from a public
sidewalk.
4. Colonies may be kept on flat roofs without setback or flyaway barrier restrictions.
5. For a lot without a perimeter fence, a fence which surrounds the entire hive(s)
shall be compliant with the zoning regulations set forth in South Bend Municipal
Code § 21 -02.11 and apiary practices.
6. Afresh supply of water shall be provided for all hives 19.
(d) The honey bees and equipment shall be maintained in accordance with the applicable
provisions of the Indiana Code and apiary practices addressing honey bees recommended
by the State of Indiana's Apiary Inspector(s) with the Indiana Department of Natural
Resources Department of Entomology Division of Entomology and Plant Pathology
8 South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for "lot"
9 A fresh supply of water for honey bees deters honey bees from congregating at swimming pools, pet water bowls,
birdbaths or other water sources where they may cause human, bird or domestic animal contact; so long as it does
not become stagnant.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 17
Purdue University being recognized on the official State of Indiana website. (Ord. No.
10241, § II, 07- 08- 2013)20
Sec. 5 -11 Compliance Required; Penalties.
(a) It shall be unlawful for any person to keep or maintain an apiary, hive, or colony in the
City which is not in compliance with this Article.
(b) Any person violating any of the provisions of this Article shall be issued a citation by the
Department of Code Enforcement which provides for a fine of seventy -five dollars
($75.00) per violation payable through the Ordinance Violations.
(c) Each violation shall constitute a separate and distinct offense. Every day any violation of
this Article shall continue shall constitute a separate offense.
(d) Any apiary, hive or colony which threatens public health or safety; or creates a public
nuisance; or which has been abandoned is unlawful. The City is authorized to take all
reasonable action including removal and/or destruction of any apiary, hive or colony
which is deemed necessary. (Ord. No. 10241, § II, 07 -08 -2013)
Sec. 5 -12 through Sec. 5 -14 Reserved for Future Use
Article 3. Animal Care Rules and Re ulations 21
See. 5 -15 Adequate Shelter, Food and Water to be Provided 22
Every owner or keeper of an animal kept in the city shall see that such animal:
(a) Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to
stand, sit or lie in its own excrement; the person(s) responsible for animal(s) shall
regularly and as often as necessary to prevent odor or health and sanitation problems,
maintain all animal areas or areas of animal contact; and
(b) Has food that is appropriate for the species in adequate amounts to maintain good health,
fresh potable drinking water where appropriate, shelter and ventilation, including quarters
that are protected from excessive heat and cold and are of sufficient size to permit the
animal to exercise and move about freely.
Sec. 5 -16 Medical and Grooming Care Requirements.
�0 A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in gov /dnr /entomolo /files /en
indiana beekeeping information-pd
21 Indiana Code § 3546 -3 -0.1 through Indiana Code § 3546 -3 -15 set forth the State of Indiana's laws addressing
"Offenses Relating to Animals ".
"Indiana Code § 3546 -3 -0.5 defines neglect of an animal
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page I8
(a) Every owner or keeper of an animal shall see that any animal in their control and custody
receives proper veterinary care as necessary to treat illness, disease or injury to prevent
the transmittal of disease, to be vaccinated as required by law in order to promote humane
animal health.
(b) Any animal deemed by the SBACC staff to require medical evaluation must be evaluated
by a licensed veterinarian to maintain humane care. Any treatment necessary shall be at
the discretion of the veterinarian. Proof of compliance must be provided.
(c) Any animal requiring grooming deemed by SBACC staff to maintain humane standards
of care must show proof such grooming has been completed.
Sec. 5 -18 Removal of Excrement Required.
(a) Persons responsible for an animal shall immediately remove the animal's excrement from
public lands or from the property of another, excepting a person working with a certified
service animal.
Sec. 5 -19 Acreage Requirements for Certain Domestic Animals and Fowl.
(a) Any person desiring to raise any of the following -named domestic animals or fowl must
have a minimum of five (5) acres of land:
1. Cow, ox, cattle, calves or other livestock
2. Donkey, ass, burro, mule
3. Pig, swine, hog, pot - bellied
4. Sheep
5. Goats
6. Roosters, geese, turkeys, ducks or other fowl, not including Urban Chickens
7. Bison
8. Llamas
9. Horses
The maximum number of such animals which may be maintained on such property shall be
determined based on current animal husbandry and veterinarian standards.
(b) Any person desiring to raise rabbits as pets or racing or homing pigeons within the city
limits must keep such animals and birds in safe and sanitary conditions so that a public
nuisance as defined in this Chapter is not created.
(c) In no event shall the shelter and feeding area for any of the animals or fowl listed in this
section be closer than fifty (50) feet from the adjoining property line. (Ord. No. 7505 -85,
§ 1; Ord. No. 8467-94,, § 6; Ord. No. 8667-96,, § II1, Ord. no. 10213-13,, § I; 01- 14 -13;
Ord. No. 10241 -13, § I, 07- 08 -13).
Sec. 5 -20 Urban Chicken Regulations.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 19
(a) "Urban Chicken" means a chicken living in the city limits officially known as gallus
domesticus, which is a domestic bird. It does not include other fowl, such as, but not
limited to roosters, peacocks, turkeys or waterfowl. Urban chickens are governed by the
zoning regulations set forth in Section 21 -02.11 of this Code addressing Residential
District zoning regulations.
(b) "Chicken coop" also referred to as chicken pen means an enclosure or enclosed structure
used for housing urban chickens which provides shelter from the elements which must
meet the standards set forth in Section 21 -02.11 of this Code.
(c) "Chicken flock" means more than one (1) urban chicken which:
1. Contains no more than six (6) hens and no roosters; and
2. Is issued a permit pursuant to Section 21 -02.11 of this Code.
(d) "Chicken pen" means an enclosure that must meet the standards set forth in Section 21-
02.11 of this Code.
(e) Anyone desiring to raise urban chickens within the city limits must file an application for
an Urban Chicken Permit with the Division of Animal Care and Control in the
Department of Code Enforcement and pay an annual filing fee of twenty dollars ($20.00);
if provisions for the chickens are deemed acceptable after inspection by the Division of
Animal Care and Control and the application is approved. If the application is approved,
the owner/harborer of the chickens will receive a durable metal tag, which must be
affixed in plain view to the chicken coop. At the end of each calendar quarter, the
Division of Animal Care and Control shall provide to the Office of the City Clerk an
electronic report summarizing: the residential street location, number of urban chickens at
each such location, size of the chicken coop and size of the chicken pen for each location
which has been issued such a permit. The Division of Animal Care and Control may deny
or revoke a permit to any person who has failed or refused to comply with the permit
requirements, who has made any fraudulent or false statement or material representation
in the permit application or in connection with the keeping of urban chickens, who has
violated a state or any provision of this Code in connection with the application or
keeping of urban chickens or who has kept urban chickens or other animals in such a
manner as to constitute a breach of the peace or a menace to the health, safety or welfare
of the public. Upon denial or revocation of a permit, the Law Department shall provide
notice to the permit applicant or holder and shall provide for a written appeal and hearing
pursuant to the procedures in Section 4 -16 of this Code.
(f) Anyone desiring to raise urban chickens within the city limits must comply with the
animal care regulations set forth in this Chapter 5, and the requirements applicable to
chickens incorporated into Chapter 21 of this Code.
(g) The Department of Code Enforcement shall be responsible for the enforcement of this
section. The Department of Code Enforcement shall also comply with the duties set forth
in Subsection 5 -49(d) of this Code in carrying out the duties set forth in this Section
which require the filing of a summary list of all warning notices and citations issued by
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 20
the last Friday of each month with the Law Department the Chairperson of the Health and
Public Safety Committee, the Chairperson of the Residential Neighborhoods Committee,
the Office of the City Clerk, and the Animal Control Commission. (Ord. No. 10213 -13, §
11, 1-14-13)
Sec. 5 -21. Restraint of Animals Required; Limited Exception for Off -Leash Dog Run Park.
(a) All animals that are the property of an owner /guardian shall be properly restrained as
defined in Section 5 -2 of this chapter.
(b) Any owner /guardian who takes his/her dog(s) to an off -leash dog run park must comply
with the regulations governing that location.
See. 5 -22. Fastening Animals with Rope or Chain; Choker Collar. 23
(a) No animal shall be hitched, tied or fastened by any rope, chain or cord that is directly
attached to the animal's neck. If animals must be tied, hitched or fastened:
1. The length of the rope, chain, or cord must be no less than three (3) times the
length of the animal and of an appropriate length for the animal to move freely
without risk of injury; and
2. The weight of the rope, chain or cord is light enough to permit the animal to move
freely without risk of injury; and
3. The collar and rope, chain, or cord cannot cause the animal to choke; and
4. A properly fitted collar or harness made of leather or nylon, not of the choker type
is worn by the animal. This is not to prohibit the proper use of choker collars in
the training of animals; and
5. The tying device shall be attached to the animal's leather or nylon collar or
harness and must have a swivel device on both the anchor and collar end to
prevent tangling; and
6. The location of the anchor and the length of the rope, chain, or cord, cannot cause
the animal to become tangled, choke, or become injured; and
7. The animal must have access to water and shelter at all times.
(b) No person shall chain their dog using an agitation collar, a collar exceeding 1' /z inches
wide for any dog under 60 pounds. Dogs over sixty (60) pounds shall not be tethered
using a collar exceeding 2 inches (2 ") in width.
23 Indiana Code § 3546 -3 -0.5 addresses the use of a rope, chain or tether.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 21
(c) A person shall not tether an animal in a manner that permits the animal to leave the
person's property.
(d) Tethering. It shall be unlawful:
1. For any dog to be tethered between the hours of 11:00 p.m. and 6:00 a.m.
2. To tether any unsterilized dog for any period of time.
3. To tether or confine a dog at a vacant structure or premises for any purpose when
it is not monitored by an adult who is present at the property for the duration of
such tethering or confinement.
4. To tether a dog under six (6) months of age.
5. For more than three (3) dogs to be tethered simultaneously at the same residence.
6. To have contact between tethered dogs.
7. For tethered dogs to be within three feet (3') of another person's property, public
thoroughfare, and /or right -of -way.
8. To tether a dog without access to adequate shelter at all times.
(e) Multiple tangling during tethering. If one (1) or more dogs at a residence have required a
response from the Division of Animal Care and Control to untangle tethers more than two
(2) times in one year, it shall be a violation of this Section.
See. 5 -23 Cruelty to Animals Prohibited 24
(a) No person shall beat, cruelly treat, neglect, torment, overload, overwork, or otherwise
abuse any animal except that reasonable force may be employed to drive off vicious or
trespassing animals.
(b) No animal shall be left unattended in a vehicle when the conditions in that vehicle would
constitute a health hazard to the animal. Conditions include but are not limited to extreme
temperatures (hot/cold), hazardous material, confinement, or lack of provisions which
jeopardizes the safety of the animal.
(c) No person shall transport any animal in an unenclosed truck bed or open portion of any
vehicle unless the animals is enclosed in a cage which is securely fastened to the vehicle.
Sec. 5 -24 Animal Hoarding Prohibited.
24 Indiana Code § 3546 -3 -0.5 defines "abandon, beat, mutilate, neglect, and torture" of an animal. Versions A and
B of Indiana Code § 3546 -12 addresses the torture or mutilation of a vertebrate animal. Versions A and B of
Indiana Code § 3546 -12.5 address domestic violence animal cruelty.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 22
It shall be a violation of this section to be an Animal Hoarder as defined in Section 5 -2 of this
Chapter.
Sec. 5 -25 Animal Fights and Fighting Contests Prohibited."
(a) No person shall permit or conduct any dogfight, cockfight, or other combat between
animals or between animals and humans.
(b) No person shall possess animal fighting paraphernalia and a dog, cock, fowl, or bird
bearing a scar, wound or injury consistent with animal fighting.
(c) No person shall attend an animal fighting contest.
(d) No person shall sell, purchase, own, harbor, give away, barter, breed, or possess any
animal for animal fighting.
(e) No person shall permit anyone to use any building, shed, room, yard, ground, premises,
vehicle or property, whether enclosed or not for the purpose of animal fighting.
(f) No person shall aid, abet, assist, act as judge or referee, bet or wager money or other
valuable consideration on the outcome of, be at, attend, or in any way engage in the
furtherance of, an exhibition of animal fighting.
Sec. 5 -26 Prohibited Animal Events.
No person or group of persons or any organization, whether for pay or other compensation or for.
free promotional purpose, shall conduct or allow any event involving contests between animals
or persons using animals in any form or manner that threatens public safety or the safety, well-
being, and comfort of the animals involved.
Sec. 5 -27 Poisonous Bait Prohibited.
It shall be unlawful for any person to throw or deposit any known poisonous substance, whether
mixed with food or not, in any of the streets, alleys, parks, commons, yards, or other places,
whether public or private, so that it shall be likely to be eaten by any animal; provided, that it
shall not be unlawful for a person to expose on his own property common rat or mouse poison,
unmixed or mixed only with vegetable substances, or substances for the eradication of termites
or similar insects.
Sec. 5 -28 Enticement of Another Person's Animal Prohibited.
(a) It shall be unlawful for a person, not so authorized, to enter or invade the private premises
of another person in the city to capture, entice, or take any animal out of the enclosure or
u Indiana Code § 3546 -3 -8 through Indiana Code § 3546 -3 -10 set forth the Indiana state law provisions
addressing animal fighting contests which new regulations taking effect on July 1, 2014.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 23
premises of the owner, or to seize an animal at any place while such animal is
accompanied by its owner or keeper.
(b) Except as expressly authorized in this Chapter, it shall be unlawful for a person to entice
any animal away from the premises of the person who owns or keeps such animal in the
city, or to entice an animal from a street, alley or public place in the city with the intent to
deprive the owner of the animal's possession.
(c) It shall be unlawful for a person to bring into the city an animal for the purpose of its
impoundment, or the collection of any fee or reward for its return, except as provided in
this Chapter.
Sec. 5 -29 Interference with Another Person's Animal Prohibited.
It shall be unlawful for a person to feed, tease, tantalize, molest, or provoke any animal in the
city without the express consent of the animal's owner, if any, while the animal is on the owner's
property or under the owner's control. A person who violates this section shall be punishable as
provided in Section 5 -111 of this Chapter; provided, however, a fine imposed for any such
violation shall not be less than fifty dollars ($50.00).
Sec. 5 -30 Offensive Use of Animal Prohibited.
It shall be unlawful for a person willfully to deposit a live or dead animal upon public or private
premises not owned by that person, or willfully to throw a live or dead animal against any other
person, or aid or abet another person in doing so.
Sec. 5 -31 Abandonment of Animal(s) Prohibited.
It shall be unlawful for a person to abandon or cause to be abandoned any animal on public or
private property and a violation of this section shall be punishable as provided in Section 5 -111
of this Chapter; provided, however, a fine imposed for any such violation shall not be less than
five hundred dollars ($500.00). Actions taken by colony caretakers in accordance with this
chapter shall not be considered abandonment of an animal.
See. 5 -32 Trapping and Free - Roaming Cat Regulations.
The following regulations apply to animal traps; their requirements, prohibitions, and the
managed free - roaming cats:
(a) It shall be unlawful for a person to use, place, set or cause to be used, placed, or set any
leg -hold trap or similar device upon any land or waters.
(b) It shall be unlawful for a person to use, place, set or cause to be used, placed or set any
snare, net or other device which causes the trapping or capturing of any animal in any
manner by which the animal is not either captured painlessl or killed ' t 1
land or waters. y tns ant y upon any
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 24
(c) It shall be unlawful for a person, having placed a lawful trap, snare or similar device, to
capture wildlife, to fail to inspect and empty it at least once during every twenty -four-
hour period.
(d) It shall be unlawful for a person to fail to inspect and care for the captured free - roaming
cat a minimum of every two (2) hours to ensure the safety of the cat(s), having placed a
lawful trap, snare or similar device, to capture free - roaming cats for the purpose of trap,
neuter, return or other medical care.
(e) It shall be unlawful for a person to remove an animal from any trap not on the person's
property, unless such person has the express permission of the property's owner to do so.
(f) The Division of Animal Care and Control, in order to encourage the stabilization of the
free - roaming cat population may:
1. Trap any free - roaming cat in a humane manner;
2. Have the cat surgically sterilized, ear - tipped, and vaccinated against rabies by a
licensed veterinarian; and
Release the cat to the Division of Animal Care and Control for adoption or other
disposition in accordance with law, or to a colony caretaker who will maintain the
cat as part of a managed colony of community cats. Cat must be returned as close
as possible to its location of capture unless illness or injury presents imminent
danger to the animal.
(g) Traps discovered by the Division of Animal Care and Control to have been unlawfully set
may be seized.
Sec. 5 -33 Public Nuisance Animal Prohibited.
No person shall own or harbor a public nuisance as defined in this Chapter.
Sec. 5 -34 Animals as Prizes or Inducements Prohibited.
(a) No person shall sell, offer for sale, trade, barter, or give away any live animal as a prize.
(b) No animal shall be used as an inducement to enter, a place of amusement or any business
establishment other than establishments whose primary business is selling animals except
for domesticated pets.
(c) Governmental agencies or animal welfare organizations maintaining a 501C3 providing
health, safety, or adoption promotions will be exempt from the provisions of subsection
(a) as described above. Any events as listed in (a) will require necessary permits and
inspection.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 25
(d) Patron contact with exotic and /or dangerous animals prohibited.
Sec. 5 -35 Dyeing or Staining Animals Prohibited and Selling Animals as Novelties
Prohibited.
(a) It shall be unlawful for a person to sell, trade, barter, or otherwise dispose of any animal
whose appearance has been artificially or chemically colored, sprayed or painted.
(b) No person or establishment shall sell, offer for sale, barter, or give away animals as
novelties.
Sec. 5 -36 Notification of Injury Caused by Motor Vehicle to Animals Required.
Any person operating a motor vehicle who causes injury or death to an animal shall stop at once,
assess the extent of injury, and immediately notify the owner or animal control shelter of the
location of animal or call the police or emergency services after hours.
Sec. 5 -37 Notification of Lost or Stray Animals Required.
(a) Persons finding a stray animal are to notify the Division of Animal Care and Control
within 24 hours (or within the next business day). At the discretion of the division, the
animal may be kept by the finder and a found report left with the department, to enable
the finder an opportunity to return the animal to its rightful owner.
(b) Upon demand by the Division of Animal Care and Control, any found animal will be
surrendered to the Division and held for three (3) business days, before a disposition is
made.
(c) Persons finding an animal are obligated to comply with all rules and regulations of this
Chapter pertaining to humane care and treatment of animals, while said animal is in their
custody awaiting return to its actual owner.
(d) With the exception of the SBACC, the finder will be considered the found animal's owner
for the purposes of this Chapter only after the animal is in the finder's custody for twenty -
one (2 1) continuous days and has been presented for microchip scanning.
Sec. 5 -38 Dangerous Animals.
(a) If an animal control officer or a law enforcement officer has investigated and determined
that there exists probable cause to believe that an animal is potentially dangerous or
vicious, the Shelter Manager of South Bend Animal Care and Control (SBACC) shall
request a hearing by the Animal Control Commission for the purpose of determining
whether or not the animal in question should be declared potentially dangerous or
dangerous.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 26
1. Whenever possible, any complaint received from a member of the public which
serves as the evidentiary basis for finding probable cause shall be sworn to and
verified by the complainant and shall be provided to the Animal Control
Commission.
2. The hearing will be held within ten (10) calendar days at a special meeting of the
Animal Control Commission and shall be open to the public. 6
3. The owner /guardian of the animal shall be served with notice of the hearing by
certified mail or in person. Such notice shall include a summary of the complaint
against the owner /guardian of the animal(s) involved.
4. The Shelter Manager of South Bend Animal Care and Control (SBACC) shall
notify the owner /guardian of the animal of the date and 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.
26 Indiana Code § 5- 14 -1.5 -5 of the Indiana Open Door Law requires forty -eight (48) hour notice before a meeting.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 27
b. An animal determined to be vicious may be destroyed by the 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, which are consistent with the Chapter.
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 ten (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.27
(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 (5) 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 (6') 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 (5) 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.
27 Indiana Code 0 15- 20 -1 -7 authorizes the impoundment of animals where there is probable cause.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 28
2. The enclosure shall have secure sides and a secure top and bottom to prevent the
animal from escaping over, 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 six feet
(6') 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. Any cancellation of insurance must be given to the city
at least 48 prior to the cancellation.
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 (50').
(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.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 29
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 (2)
business days.
4. 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 Section 5 -106
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.
5. 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 hisor her animal.
a. The application must be in writing.
b. The application must be filed to the City of South Bend Division of
Animal Care and Control
c. 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.
d. The Animal Control Commission has the authority to hear evidence, both
pro and con, as to whether and why the designation should or should not
be removed.
e. There shall be no complaints of a valid nature at the address of the
owner /guardian regarding this animal or any other animal.
The Animal Control Commission may make a decision to remove or not to
remove such designation.
Sec. 5 -39 Biting Animals; Report; Procedure."
(a) Owner or harborer of any animal which has bitten a person or another animal must report
the incident to the St. Joseph County Health Department and the Division of Animal Care
& Control and immediately make the animal available for quarantine. Upon receiving the
report of a bite, Department of Animal Care & Control will quarantine the animal for ten
(10) days with the place of confinement to be in the discretion of the Division of Animal
"Indiana Code li 15- 20 -1 -1 through Indiana Code § 15- 20 -1 -7 set forth the state laws addressing "Liability for Dog Bites'
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 30
Control. During the quarantine period, the animal is to be securely confined and kept
from contact with any other animal or person.
(b) During the quarantine period, the owner must provide a current rabies vaccination
certificate for his or her cat or dog that is being quarantined. If proof of vaccination
cannot be supplied, the animal will be vaccinated by a veterinarian at the owner's expense
before after release, and the owner must provide the Animal Control Commission with
name, address and phone number of the veterinarian performing the rabies vaccination,
which will be verified before the animal can be released to the owner .29
If the animal is quarantined at the shelter, a microchip shall be implanted in it
prior to its release from quarantine. The animal shall be registered for its life with
the Division of Animal Care and Control. The cost of the implant shall be at the
owner's expense before release.
2. If the animal is quarantined in a place other than the shelter, as determined by the
Division of Animal Care and Control, a microchip shall be implanted in it within
thirty (30) days following the animal's release from quarantine. The animal shall
be registered for its life with the - Division of Animal Care and Control. The cost
of the implant and registry shall be at the owner's expense.
3. The microchip, used for these quarantine provisions, shall be numbered. This
number will provide entry into a data base that contains the animal's bite history.
The microchip shall be contained in a sterilized implanting device and shall be
individually packaged.
4. The microchip and its corresponding registration history shall be considered
prima facie evidence for any future dangerous animal determination in accordance
with Section 5 -38 of this Chapter, addressing dangerous animals.
(c) No person other than an Animal Control Officer or veterinarian shall kill or cause to be
killed any animal suspected of being rabid except in cases of immediate self - protection. if
that occurs, the person will retain the body and immediately notify the Division of
Animal Care and Control.
(d) Violations of these quarantine provisions shall constitute a violation of this chapter and
may subject the responsible party to civil penalties under Section 5 -111.
Sec. 5 -40 Exotic Animals and Native Wildlife.
(a) No wild or exotic animal shall be kept within the city without the necessary state and /or
federal permits.
29 Indiana Code § 15- 17 -6 -1 through Indiana Code § 15- 17 -6 -14 sets forth the state law addressing rabies,
quarantine, vaccination orders, the role of the County Health Officer and Sheriff, impounding areas, emergency
orders and local ordinances
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 31
(b) No person shall keep, shelter, harbor, buy, sell, or trade within the city a dangerous wild
animal or a dangerous exotic animal as defined in this Chapter except as provided in
paragraph (c) below.
(c) This section shall not apply to permitted zoological parks or zoos, educational, or medical
institutions.
(d) Any animal found in violation of this Section may be seized immediately in accordance
with Indiana State code and Department of Natural Resources regulations.
(e) The animal will be held in protective custody for seven (7) calendar days to allow an
owner to locate a new and appropriate owner or housing for the animal outside the city
limits. If no arrangements have been made in seven (7) calendar days the animal will
become the property of the city and disposition may be made at that time.
(f) Costs. The owner of any animal, which is impounded and /or euthanized or relocated
under this Section, shall be held responsible for payment of any expenses so incurred by
the Division of Animal Care and Control. Fees will be paid prior to release or relocation
of the animal.
The housing and rehabilitation of native wildlife on public or private land shall be by a state,
and /or federally, permitted or sub - permitted entity or individual. The permitted housing or
shelter of wildlife for the purpose of rehabilitation or rescue shall not be any less than twenty feet
(20') from neighboring property. Disease vectors such as raccoons and opossums are not
permitted to be rehabilitated inside city limits.
(g) Grandfather clause. Wolf - hybrids owned or harbored under this Section, at the time of
passage, must be registered with the Division of Animal Care and Control within sixty
(60) days of passage and shall be exempt from this Section. Wolf - hybrids must have no
bite history in order to be exempt. If any wolf -hybrid bites, or has previously bitten, a
human or an animal, the wolf -hybrid will no longer be exempt from this Section. All
wolf - hybrids registered under this section shall be spayed or neutered and microchipped
at the owner's expense prior to registration. Wolf- hybrids not registered within sixty (60)
days of passage of these regulations will not be exempt from this Section .30
Sec. 5 -41 Training Methods.
No animal may be induced or encouraged to perform through the use of chemical, mechanical,
electrical, or manual devices in a manner which will cause or is likely to cause physical injury or
suffering.
Sec. 5 -42 Destruction of Animals.31
"Indiana Code § 15- 20 -1 -5 Version A is in effect until July 1, 2014 and Indiana Code § 15- 20 -1 -5 Version B takes
effect July 1, 2014 which set forth "wolf hybrid and coydog liability, criminal offenses ".
" Indiana Code § 3546 -3 -5 lists as an exception "destruction of an animal by an animal control program, including
an animal control facility, an animal shelter, or a humane society".
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 32
(a) All animals impounded by South Bend Animal Care and Control, a public or private
sheltering agency or rescue group shall be killed, only when necessary and consistent
with the requirements of this Chapter by lethal intravenous injection of sodium
pentobarbital, except as follows:
1. Intraperitoneal injections may be used only under the direction of a licensed
veterinarian, and only when intravenous injection is not possible for infant
animals, companion animals other than cats and dogs, or in comatose animals
with depressed vascular function.
2. Intracardiac ` injections may be used only when intravenous injection is not
possible for animals who are completely unconscious or comatose, and then only
under the direction of a veterinarian.
(b) No person other than a duly authorized agent of the animal control shelter may destroy
any domestic animal within the city limits; provided, however, this provision shall not
apply to the following:
1. A licensed veterinarian,
2. A veterinary staff member under the direct supervision of a veterinarian
3. Those persons acting in immediate self- protection.
(c) The Division of Animal Care and Control, other animal shelters, and /or public animal
facilities which destroy animals in the city, shall use only sodium pentobarbital or a
derivative substance for said purpose.
(d) The duly authorized animal control agent(s) must be trained in humane procedures by a
licensed veterinarian or a registered veterinary technician and shall perform the
destruction of animals in a humane manner as specified by the American Veterinary
Medical Association AVMA's Guidelines for Euthanasia. 32 Said person(s) must have
letter from a licensed veterinarian citing their competency in humane euthanasia
procedures and must be evaluated by a licensed veterinarian on a yearly basis.
(e) No animal's body shall be disposed of until all vital signs are checked (fixed pupil,
cessation of heartbeat and respiration) to assure that death has occurred.
(f) No animal shall be allowed to witness any other animal being killed or being
tranquilized /sedated for the purpose of being killed or see the bodies of animals which
have already been killed.
(g) Animals shall be sedated /tranquilized as necessary to minimize their stress or discomfort,
or in the case of vicious animals, to ensure staff safety, except as follows:
;Z The "AVMA Guidelines for the Euthanasia of Animals: 2013 Edition" consists of 102 pages and may be
accessed at https: / /www.avma.ora/kb /policies /documents /euthansia.udf
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 33
1. neuromuscular blocking agents shall not be used as sole agent.
(h) Following their injection, animals shall be lowered to the surface on which they are being_
held and shall not be permitted to drop or otherwise collapse without support.
(i) An animal may not be left unattended between the time procedures to kill the animal are
commenced and the time death occurs, nor may the body be disposed of until death is
verified.
0) Verification of death shall be confirmed for each animal in all of the following ways:
1. by lack of heartbeat, verified by a stethoscope;
2. by lack of respiration, verified by observation;
3. by pale, bluish gums and tongue, verified by observation; and
4. by lack of eye response, verified if lid does not blink when eye is touched and
pupil remains dilated when a light is shined on it.
Sec. 5 -43 Habitual Animal Offender.
(a) It shall be unlawful to be a habitual animal offender. For the purposes of this Section, an
habitual animal offender shall mean any animal owner or harborer, who within any two -
year period is cited with three (3) or more violations of animal care regulations of this
Chapter. The controlling date is the date of each animal ordinance violation..
(b) If upon investigation by an Animal Control Officer it is found that an owner and /or
harbor meets the definition of a Habitual Offender, the matter will be set for hearing
before the Animal Control Commission.
(c) If found to be a habitual animal offender the Animal Control Commission may order a
limit, restriction, or prohibition against animal ownership for a minimum of five (5) years
or more as determined by the Animal Control Commission based on the totality of the
circumstances of the violations observed.
Sec. 5 -44 Through Sec. 549 Reserved for Future Use.
Article 4. Pet Registration Requirements and Commercial Animal Permits
Sec. 5 -50 Pet Registration Required; Exception; Tags; Microchip Implant.
(a) Any person owning, keeping, harboring or having custody of any dog or cat over the age
of six (6) months must obtain a pet registration for such animal; provided, however, that
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 34
no pet registration shall be required of any animal welfare organization, municipal animal
control facility or governmental agency, or guide dog.
(b) A durable tag stamped with registration number will be provided to pet registration
holders the first time the dog or cat is registered. Each subsequent year, the dog or cat
must be registered; however, a new tag will not be issued. The registration will be on file
with SBACC and proof of payment /registration will be provided to the owner. Dogs and
cats should wear their tags at all times on their collars, except when involved in any
organized show, obedience demonstration, training situation or under the care of a
licensed veterinarian.
(c) Any person owning any dog or cat which has been implanted with a microchip shall
transfer the microchip documentation with the Division of Animal Care and Control and
national registry upon sale, trade, barter, gift or transfer of an animal. Any animal
received by South Bend Animal Care and Control with an untraceable tag or microchip
due to an owners failure to keep contact information current for tracing with Animal
Control, a national registry, or the veterinarian will be held three (3) business days prior
to disposition.
(d) Annual pet registrations are non- transferable.
Sec. 5 -51 Application for Registration or Permits.
(a) Application for registration or permits may be made at the Division of Animal Care and
Control or designated facility, or by mail, and shall include the name, address of
applicant, type of permit applied for, number and description of animal(s), information
regarding sterilization, proof of rabies vaccination, a list of all other vaccinations
administered, if known; the date and type of vaccinations and the name of the person,
business, or entity who administered them, if known, a record of any known disease,
illness or condition with which the animal is or has been afflicted; and record of any
veterinary treatment or medication received by the animal and appropriate fee.
(b) Registration and permits are to be issued for a term of one (1) year, commencing with the
date of issuance. Microchip implants may be registered for the life of the animal with the
Division of Animal Care and Control. Owners must contact the Division of Animal Care
and Control with changes of address or telephone. Failure to keep contact information
current may result in the inability of the Division to contact an owner. Animals will be
held three (3) business days prior to disposition. The Division of Animal Care and
Control will consider the registered microchip and /or tag owner to be the legal owner.
(c) Upon issuance, the Division of Animal Care and Control shall issue a registration or
permit in written form, which includes the number of the registration or permit and the
type of registration or permit. In addition, the Division of Animal Care and Control shall
issue a durable tag stamped with registration number to pet registration holders the first
time the dog or cat is registered. Additionally, a durable tag will be issued for an animal
that has received a microchip implant upon national registration by the pet owner. The
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 35
tag will have a corresponding number to that of the implanted microchip and will display
a national, toll free, 24 hour, seven days per week telephone number for the purpose of
animal and owner identification.
(d) The Division of Animal Care and Control shall maintain records of the identifying
registration/ permit number.
(e) It shall be unlawful for any owner of any dog or cat to fail to provide any dog or cat over
the age of six (6) months with current pet registration as provided in this Section. The
owner of any dog or cat, which dog or cat is over the age of three (3) months, must also
have in his possession a current rabies vaccination tag showing that such animal has been
vaccinated against rabies as otherwise provided in Sec. 5 -75. Any owner of such animal
who moves into the city for purposes of establishing a residence or residing or who
becomes a resident as result of annexation shall have thirty (30) days in which to obtain
the permit required by this Chapter.
Sec. 5-52 Fees
In addition to all other fees required by law to be paid, the following fees shall be paid:
(a) Pet Registration. For the year 2014, and each year hereinafter, which shall commence on
January 1 and end December 31:
1. Annual - Each altered dog or cat, age 6 months or older - $15.00
2. Annual - Each unaltered dog or cat, age 6 months or older - $30.00
3. Replacement tags - $5.00
4. Late fee applied to renewal more than 30 days past expiration - $5.00
5. Upon a written statement from a licensed veterinarian setting forth that the
neutering of the animal shall constitute a threat to the health of that animal, the
payment of the permit fee for unaltered animal shall not be required but the
animal shall be classified as an altered animal for purposes of permit registration
and fees. Registration at the altered tag price under this section will constitute
agreement not to breed the animal. Doing so will result in fines.
6. Service animal exemption. A person who is impaired by:
a. Blindness or any other visual impairment;
b. Deafness or any other aural impairment;
c. A physical disability; or
d. A medical condition or any other condition governed by the Americans
with Disabilities Act (ADA).
7. Senior citizen exemption. Any cat or dog owner 62 years of age or older who
owns an altered animal may receive his or her annual registration free of charge.
However, if the animal of any such person has not been spayed or neutered, the
person who is 62 or more years of age shall pay the same permit fee and be
subject to the above pet registration fees and charges as otherwise required for
any animal.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 36
(b) Residential and Commercial Kennel /Cattery Permits. All of the following permits must
be obtained and will be reissued annually and all tags for animals registered under any
permit will be issued with the permit:
1. Residential Kennel /Cattery Permit.
a. 0 — 1 Unaltered - will require no special permitting other than city pet
registration
b. 2 — 3 Unaltered $300.00 (All tags /individual animal registrations
included.)
2. Commercial Kennel /Cattery (Based on declared capacity at business and requires
zoning approval)
a. 6 - 15 dogs /cats - $150.00
b. 16 - 25 dogs /cats - $200.00
c. 26 or more dogs /cats - $250.00
d. Each animal owned by the permit holder will
with the city; animals owned by clients of a
registered by the permit holder's clients.
(c) Grooming Shop Permit.
1. Fee-$100
(d) Major Breeder's Permit.
be individually registered
boarding business will be
I. Fee - $200 plus any applicable kennel /cattery permit fee.
(e) Minor Breeder's Permit.
] . Any owner or person having custody of a dog or cat which has been neutered
within ten weeks after giving birth to a litter or who turns the adult dog or cat over
to the Division of Animal Care and Control within ten (10) weeks from the birth
date of the litter, will be required to purchase a Minor Breeder Permit at the rate
of $10.00.
2. Any owner or person having custody of a dog or cat that has delivered a litter,
who chooses not to relinquish the animal to the Division of Animal Care and
Control and also chooses not to have the animal neutered, will be required to
purchase a Minor Breeder Permit at the rate of $100.
3. Plus any applicable kennel /cattery permit fee.
(f) Pet Shop Permit.
1. Fee for shop selling animals with the exception of unaltered cats and dogs of any
age - $250
2. Fee for shop selling animals including unaltered cats and dogs of any age -
$500.00.
(g) Circus, Animal Concession, Animal Event, and Commercial Animal Exhibit Permits.
1. Fee - $100
2. Permits are to be issued for a term of one (1) year, commencing with the date of
issuance.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 37
3. Prior to engagements, permit holders will furnish the Division of Animal Care
and Control with a schedule of dates and rimes of exhibits or performances so the
Division of Animal Care and Control can perform periodic inspections.
(h) Omnibus Permit.
I. Fee-$300
2. This permit shall allow the holder to operate a kennel or cattery, grooming shop,
or a pet shop.
3. The permit holder does not need to obtain individual permits in the
aforementioned areas, but all requirements for each of the aforementioned permits
shall be met before the Omnibus Permit may be granted. Animals owned as
personal pets by the business owner or resident will not be considered registered
under this permit.
(i) All permits will be issued after inspection approved by the Division of Animal Care and
Control, provided all requirements of this Chapter are met.
Sec. 5 -53 Permit Suspension.
(a) Whenever an inspection indicates fraud, material misrepresentation or false statements or
that the condition of a licensee's premises creates an imminent hazard to the public health
or to the health of any animal in the licensee's care, the Director may immediately
suspend the license and impound any animal in the licensee's care until such time that the
conditions that caused the hazard are corrected.
(b) Upon suspension of any license, all operations related to the license shall cease at once.
The Director may cause a "notice of closure" sign to be conspicuously placed upon the
suspended licensee's premises. It shall be unlawful for any person to remove a "notice of
closure" sign placed on the licensee's premises unless authorized to do so by the Director.
Sec. 5 -54 Appeals; Re- Inspections; Denials or Revocation of Permit.
(a) Any person who is denied a permit or whose permit is suspended or revoked may appeal
the denial, suspension or revocation in accordance with this section within sixty (60) days
of the date of the denial, suspension or revocation of the permit.
(b) The permit holder may request a re- inspection for permit reinstatement based on
compliance or may appeal the SBACC revocation. All requests for appeals must be in
writing and addressed to the Animal Control Commission; whereupon, the Commission
shall set the appeal for hearing within forty-five (45) days of the receipt of the written
request.
(c) Upon re- inspection by SBACC following an appeal, a permit reinstatement fee of fifty
dollars ($50.00) will be required prior to reopening.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 3S
Sec. 5 -55 Redemption of Impounded Animals Seized for Permit Denials, Suspensions, or
Revocation.
(a) When the re- inspection indicates full compliance that the conditions that caused the
denial, suspension or revocation have been corrected, the permit shall be restored and
impounded animals that are in the care of SBACC at the time of full compliance may be
redeemed.
(b) Animals seized will be impounded by SBACC for no less than five (5) business days.
After five (5) business days, seized animals will be considered unredeemed unless the
SBACC and the licensee whose permit was denied, suspended, or revoked reach an
agreement regarding the housing and care of the seized animals for the period in which
the licensee is working to correct the conditions that caused the denial, suspension or
revocation.
(c) Any animal remaining unredeemed after the prescribed holding period shall at once
become the property of SBACC.
(d) Upon redemption of seized animals, the licensee is responsible for fees associated with
the housing and care of the seized animals.
Sec. 5 -56 through Sec. 5 -59 Reserved for Future Use.
Article 5. Commercial Animal Permit Regulations.
Sec. 5 -60 Kennel/Cattery Permit Regulations.
(a) Any person owning or harboring more than one unaltered dog or one unaltered cat over
the age of six (6) months must apply for a kennel /cattery permit.
A resident exceeding one intact animal on the property may apply for a residential
kennel permit. Applications will be followed by an inspection prior to issuance of
the permit. Permits are valid for one year from date of issue and are the residential
kennel permit holder's responsibility to renew. Residential kennel permits require
eligibility and may be refused or revoked for cause.
a. Initial application eligibility requires no more than three unaltered pets, no
outdoor housing in the absence of the owner, suitable exercise space for
the breed and number owned, no history of violations with SBACC, and
all animals current on vaccinations.
b. Cause for revocation may include but is not limited to: animals running at
large, substantiated neighborhood nuisance complaints, failure to maintain
current permits, breeding without a breeders permit and failing to maintain
current rabies vaccine status.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 39
(b) Any person engaging in boarding dogs or cats for compensation must apply for a kennel/
cattery permit.
(c) Grandfather Clause. Animals owned or harbored and exceeding the ownership limits of
this section at the time of passage of this law may be registered with the Division of
Animal Care and Control within 90 days of passage to be exempted from ownership
limits. Animals owned or harbored in excess of these limits and not registered within this
time frame will not be considered exempt.
See. 5 -61 Major Breeders Permit.
(a) A major breeder's permit shall be obtained by:
1. Any person who intentionally causes the breeding of more than one cat or dog or
makes more than one cat or dog available for breeding purposes in a 12 -month
period; or
2. Any person who offers for sale, sells, trades, receives other compensation or gives
away more than one litter of dogs or cats in a 12 -month period; excepting a litter
of dogs or cats taken to the Division of Animal Care and Control.
(b) Such person shall:
1. Not allow the birthing of more than one (1) litter per female dog or cat in a 12-
month period; and
2. Furnish the Department of Animal Control with information on the birth of each
litter of dogs or cats as may be required by Division of Animal Care and Control
to register that litter of dogs or cats with Division of Animal Care and Control,
and to be assigned a litter number for each litter; and
3. Further be required to register with the Division of Animal Care and Control the
name, address, and telephone number of each buyer or new owner of any dog or
cat sold or transferred within five days after the date of such sale or transfer; and
4. Transmit to the new owner or buyer the litter number of the animal acquired, and
the major breeder's permit number in order that the new owner has assurance and
proof that the animal was legally bred; and
5. Immunize all cats and dogs offered for sale, trade or other compensation or for
free giveaway (except an animal taken to the Division of Animal Care and
Control) against common disease; in the case of dogs, against canine distemper,
adeno -virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the
case of cats, against feline rhinotracheitis, and panleucopenia; and
6. Not offer a puppy or kitten under the age of ten weeks for sale, trade, other
compensation or for free giveaway (except a puppy or kitten or litters of them
taken to the Division of Animal Care and Control); and
7. Furnish warrant of health for a period of not less than one (1) week with
recommendation to have examined by licensed veterinarian for each animal sold.
Sec. 5 -62 Minor Breeders Permit; Sale of Underage Animal Prohibited.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 40
(a) A minor breeder's permit shall be obtained by.
1. Any person who intentionally or accidentally causes the breeding of a cat or dog
or makes a cat or dog available for breeding purposes;
2. Any person who offers for sale, sells, trades, receives other compensation or gives
away any litters of dogs or cats; excepting a litter of dogs or cats taken to the
Division of Animal Care and Control; or
3. Any owner or person having custody of a dog or cat that has delivered a litter or
caused the delivery of a litter, who chooses not to relinquish the animal to the
Division of Animal Care and Control and also chooses not to have the animal
spayed or neutered shall cause the animal to be implanted with a microchip and to
register this dog or cat within 30 days of having received notice to accomplish this
procedure from the Division of Animal Care and Control.
(b) Such person shall:
Be allowed to breed only one dog or one cat which results in the birthing of a
maximum of one (1) litter in a 12 -month period in his or any other domestic
household or establishment or any combination thereof, and
2. Not be allowed to offer for sale, sell, trade, receive other compensation or give
away more than one (1) litter of dogs or one (1) litter of cats in a 12 -month
period; excepting a litter of dogs or cats taken to the Division of Animal Care and
Control; and
3. Furnish the Division of Animal Care and Control with information on the birth of
each litter of dogs or cats as may be required by the Division of Animal Care and
Control to register that litter of dogs or cats with the Division of Animal Care and
Control, and to be assigned a litter number for each litter; and
4. Further be required to register with the Division of Animal Care and Control the
name, address, and telephone number of each buyer or new owner of any dog or
cat sold or transferred within five days after the date of such sale or transfer; and
S. Transmit to the new owner or buyer the litter number of the animal acquired, and
the minor breeder's permit number in order that the new owner has assurance and
proof that the animal was legally bred; and prohibits the sale of underage puppy
or kitten under Section 5 -77.
6. Immunize all cats and dogs offered for sale, trade or other compensation or for
free giveaway (except an animal taken to the Division of Animal Care and
Control) against common disease; in the case of dogs, against canine distemper,
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 41
adeno -virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the
case of cats, against feline rhinotracheitis, and panleucopenia; and
7. Not offer a puppy or kitten under the age of ten (10) weeks for sale, trade, other
compensation or free giveaway (except a puppy or kitten or litters of them taken
to the Division of Animal Care and Control); and
8. Furnish warrant of health for a period of not less than one (1) week with
recommendation to have examined by licensed veterinarian for each animal sold.
(c) Any owner or person having custody of a dog or cat which has been neutered within ten
(10) weeks after giving birth to a litter or who turns the adult dog or cat over to the
Division of Animal Care and Control within 10 weeks from the birth date of the litter,
will be required to purchase a minor breeder permit at the rate of ten dollars ($10.00).
(d) Any owner or person having custody of a dog or cat which has delivered a litter, who
chooses not to relinquish said animal to the Division of Animal Care and Control and
also chooses not to have the animal neutered, will be required to purchase a minor
breeder permit at the rate of one hundred dollars ($100.00) plus any applicable
kennel /cattery permit fee. The permit shall be issued provided all requirements of this
Chapter are met.
Sec. 5 -63 Veterinary Hospitals /Clinics.
(a) All animals shall be housed humanely and in a sanitary manner.
(b) Veterinarians shall keep records of each animal accepted for treatment, diagnosis or
routine health care.
(c) Veterinarians who engage in boarding, grooming or other business in addition to the
treatment and /or medical care of animals shall obtain a permit as herein provided.
Sec. 5 -64 Grooming Shop Permit.
(a) Any person who has a grooming shop as defined in this chapter shall obtain a grooming
shop permit.
(b) A permit holder has the right to request that any dog or cat accepted for grooming be
vaccinated against common diseases, and require proof of such vaccinations be furnished
to the shop operator.
Sec. 5 -65 Pet Shop Permit.
(a) Any person operating a pet shop as defined in this Chapter shall obtain a pet shop permit.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 42
(b) The permit holder shall furnish the purchaser a written statement at the time of sale
containing the following:
1. Date of sale,
2. Name, address and telephone number of purchaser and permit holder,
3. Permit number of permit holder,
4. Breed, description, approximate age and sex of dog, cat or other animal sold.
(Small mammals, parrot -type birds, and fish not included.)
5. Medication and prophylactic immunization and dates administered,
6. Internal parasite medication(s) and date(s) administered,
7. A guarantee of good health for a period of not less than one week with
recommendation to have the animal examined by a licensed veterinarian, and
8. The permit holder shall retain a copy of the written statement for twelve (12)
months from date of sale.
(c) The pet shop permit holder shall be further required to register with the Division of
Animal Care and Control the name, address; and telephone number of each buyer or new
owner of any dog or cat transferred within five (5) days after the sale or transfer.
(d) The Animal Control Officer or County Health Department of St. Joseph County may
restrict the sale of any animal suspected of being diseased or otherwise unfit for sale. An
examination by a licensed veterinarian may be requested at the expense of the
enforcement agency. The Animal Control Officer may seize the animal to ensure and
protect the health and safety of any other animals present and /or the public.
I . The permit holder shall reimburse the enforcing agency's veterinary fees if the
inspection by the veterinarian concludes the animal to be unfit for sale at the time
of inspection.
2. The inspection is to be made by a veterinarian within 24 hours of the enforcing
agency's determination that the said animal is not fit for sale.
(e) All pet shops herein defined and stores selling animals, birds, reptiles and fish as pets
shall take care to house animals in a sanitary manner. Appropriate medical services, care,
and housing shall be given according to individual species needs.
(f) No puppy or kitten under the age of eight (8) weeks may be offered for sale, trade or
other compensation or for free giveaway (except a puppy or kitten, or litter or litters taken
to the Division of Animal Care and Control).
Sec. 5 -66 Circuses, Animal Concessions and Animal Events.
Any person who is responsible for a circus, animal concession or animal event as defined
by this Chapter must obtain a circus, animal concession or animal event permit required by
Section 4 -22 of the South Bend Municipal Code. Non -profit organizations conducting circuses,
animal concessions, and events are required to obtain a permit in order to allow inspection but
those permits will be issued as complimentary when non -profit status has been verified.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 43
Sec. 5 -67 Zoological Parks.
Zoological parks shall be issued complimentary permits at no fee.
Sec. 5 -68 Exceptions for Division of Animal Care and Control and Animal
Welfare Organizations.
No permit shall be required of the Division of Animal Care and Control or animal welfare
organization; however, all other provisions of this Chapter shall apply and such organizations are
subject to inspection.
Sec. 5 -68 through Sec. 5 -74 Reserved for Future Use.
Article 6. Specific Reauirements Governing Dogs and Cats
Sec. 5 -75 Rabies Vaccination Required.
Cats and dogs over the age of three (3) months must be vaccinated by a licensed veterinarian for
rabies. One -year and three -year rabies vaccine may be used as per Indiana Administrative Code.
Caretakers must be able to provide proof ofvaceination.33
Sec. 5 -76 Dogs or Cats in Heat.
Every female dog or cat in heat shall be confined in a secure building or enclosure so as to
prevent conception except during instances of planned breeding.
Sec. 5 -77 Sale of Puppies and Kittens.
A puppy or kitten must be at least ten (10) weeks old and weaned before it may be offered for
sale, traded, or given away for other compensation or for giveaway (except a puppy or kitten or
litter or litters may be surrendered to the Division of Animal Care and Control).
Sec. 5 -78 through Sec. 5 -85 Reserved for Future Use.
Article 7. Animal Euthanasia
Sec. 5 -86 Euthanizing Animals.
(a) All animals impounded by South Bend Animal Care and Control, a public or private
sheltering agency or rescue group shall be killed, only when necessary and consistent
Indiana Code $ 15.17 -3 -21 authorizes the Indiana State Board of Animal Health to enact rules. Rule 5 addresses "Rabies
Immunization" and is codified at 345 Indiana Administrative Code 1 -5 -1. 'Required Rabies Vaccination of Dogs, Cats and
Ferrets" is codified at 345 Indiana Administrative Code 1 -5 -2.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 44
With. the requirements of this Article, by lethal intravenous injection of sodium
pentobarbital, except as follows:
I. intraperitoneal injections may be used only under the direction of a licensed
veterinarian, and only when intravenous injection is not possible for infant
animals, companion animals other than cats and dogs, or in comatose animals
with depressed vascular function.
2. intracardiac injections may be used only when intravenous injection is not
possible for animals who are completely unconscious or comatose, and then only
under the direction of a veterinarian.
(b) No person other than a duly authorized agent of the Division of Animal Care and Control
may destroy any domestic animal within the city limits; provided, however, this provision
shall not apply to the following:
I. A licensed veterinarian,
2. A veterinary staff member under the direct supervision of a veterinarian,
3. Those persons acting in immediate self- protection.
(c) The Division of Animal Care and Control, other animal shelters, and /or public animal
facilities which destroy animals in the city, shall use only sodium pentobarbital or a
derivative substance for said purpose.
(d) The duly authorized animal control agent(s) must be trained in humane procedures by a
licensed veterinarian or a registered veterinary technician and shall perform the animal
euthanization in a humane manner as specified by the AVMA's Guidelines for
Euthanasia. Said person(s) must have letter from a licensed veterinarian citing their
competency in humane euthanasia procedures and must be evaluated by a licensed
veterinarian on a yearly basis, with such required documentation being kept on file and
open for public inspection.
(e) No animal's body shall be disposed of until all vital signs are checked (fixed pupil,
cessation of heartbeat and respiration) to assure that death has occurred.
1. No animal shall be allowed to witness any other animal being killed or being
tranquilized /sedated for the purpose of being killed or see the bodies of animals
which have already been killed.
2. Animals shall be sedated/tranquilized as necessary to minimize their stress or
discomfort, or in the case of vicious animals, to ensure staff safety, except as
follows:
a. neuromuscular blocking agents shall not be used as sole agent.
3. Following their injection, animals shall be lowered to the surface on which they
are being held and shall not be permitted to drop or otherwise collapse without
support.
4. An animal may not be left unattended between the time procedures to kill the
animal are commenced and the time death occurs, nor may the body be disposed
of until death is verified.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 45
5. Verification of death shall be confirmed for each animal in all of the following
ways:
a. by lack of heartbeat, verified by a stethoscope;
b. by lack of respiration, verified by.observation;
c. by pale, bluish gums and tongue, verified by observation; and
d. by lack of eye response, verified if lid does not blink when eye is touched
and pupil remains dilated when a light is shined on it.
Sec. 5 -87 through Sec. 5 -89 Reserved for Future Use,
Article 8. Administration and Enforcement.
Division 1. Shelter Manager.
Sec. 5 -90 Duties of Shelter Manager.
(a) The Division of Animal Care and Control shall be operated by the Shelter Manager.
(b) The Shelter Manager will be advised on matters of policy by the Animal Control
Commission.
(c) The duties and powers of the Shelter Manager are as follows:
1. To cause to be enforced all city ordinances and /or state laws regarding animal
care and control.
2. To maintain and operate the Division of Animal Care and Control's shelter which
have been designated for the humane sheltering or protection and disposition of
animals into its custody.
3. To purchase all necessary materials for the proper and efficient performances of
the services and work required of the shelter consistent with the city's established
purchasing procedures.
4. To cause to be picked up and transported to SBACC all unwanted animals, all
animals illegally at large, and all sick, diseased, injured, lost, strayed, stolen or
abandoned animals. Those animals whose owners request be euthanized may be
surrender the animal to SBACC. The Shelter Manager shall determine if the
animal can be saved. In addition, any animal whose illness would pose a health
hazard to other animals or is injured so that it cannot rest comfortably for a
minimum of three business days may be destroyed immediately as so authorized
by the Shelter Manager or his/her authorized agent. If a possible owner is
identified, the agencies shall undertake reasonable efforts to notify the owner or
caretaker of the whereabouts of the animal and any procedures available for the
lawful recovery of the animal. These efforts shall include, but are not limited to,
notifying the possible owner by telephone, mail, and personal service to the last
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 46
known address. Upon the owner's or caretaker's initiation of recovery procedures,
the agencies shall retain custody of the animal for 5 business days to allow for
completion of the recovery process. All other animals shall be kept at said shelter
or place designated by said shelter for a period of not less than three (3) business
days to afford owners the opportunity to claim the animal. After such period of
time, unclaimed animals shall be placed in a suitable home, retained at the shelter
or released to an accepted rescue organization or euthanized. Animals released to
the shelter by their owners, or impounded animals not claimed within the legal
time become the property of the shelter and disposition may be made in
accordance with the criteria outline in this chapter. SBACC shall not ban, bar,
limit or otherwise obstruct the adoption or transfer of any animal based on breed,
breed mix, age, color appearance or size.
5. To ensure that no savable animal at South Bend Animal Care and Control shall be
euthanized simply because the holding period has expired. Before an animal is
killed, To ensure that no savable animal at South Bend Animal Care and Control
shall be euthanized all of the following conditions must be met:
a. there are no empty cages, kennels, or other living environments in the
appropriate area of the shelter, keeping in mind the overall health and
wellbeing of the animals in SBACC's care;
b. the animal cannot share a cage or kennel with another animal;
c. a foster home is not available;
d. not- for - profit animal rescue organizations are not willing to accept the
animal;
e. the animal is not an ear tipped community cat that has been
spayed /neutered and vaccinated as described in Section 5 -32 of this
Chapter or the animal is not a free roaming cat subject to sterilization and
release into an accepted program;
f. all mandates, programs and services of the Act have been met; and
g. the director of the agency certifies he or she has no other alternative.
6. SBACC shall take appropriate action to ensure that all animals are checked for all
currently acceptable methods of identification, including microchips,
identification tags, and licenses. SBACC shall maintain continuously updated lists
of animals reported lost, and match these lost reports with animals reported found
and animals in the shelter. If a possible owner is identified, the agencies shall
undertake reasonable efforts to notify the owner or caretaker of the whereabouts
of the animal and any procedures available for the lawful recovery of the animal.
These efforts shall include, but are not limited to, notifying the possible owner by
telephone, mail, and personal service to the last known address. Upon the owner's
or caretaker's initiation of recovery procedures, the agencies shall retain custody
of the animal for a reasonable period of time to allow for completion of the
recovery process. Efforts to locate or contact an owner or caretaker, and
communications with persons claiming to be owners or caretakers, shall be
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 47
recorded and be made available for public inspection for no less than three (3)
years by submitting a completed Public Records (APRA) Request.34
7. To direct Animal Control Officers proceed upon public and private property in
accordance with the above criteria, in pursuit of animals believed to be in
violation of this Chapter. However, this authority does not extend to a privately
owned structure or enclosure without the consent of the owner, lessee or other
occupant in control of the premises or without other legal process or authority.
Any animal pursued under this section may be confiscated and held by the
Division of Animal Care and Control according to its rules and regulations. If an
animal is confiscated without the knowledge or consent of the owner or occupant
of the premises, a notice shall promptly be affixed to said premises in an obvious
location, directing the occupant to contact the Division of Animal Care and
Control providing the address and telephone number of same on said notice.
8. To cause to be investigated all reports and complaints that are significant
concerning any inhumane treatment or negligent practices pertaining to animals
and to submit a written report that includes the disposition of the complaint and
condition of the animal to be reviewed by the Animal Control Commission. To
cause to be impounded at the Division of Animal Care and Control or suitable
places designated by the Division of Animal Care and Control all animals found
in conditions adverse to their health and safety.
9. To enter into contract with any municipalities or govemmental units or any
person, association or corporation for the collection, transportation, sheltering and
disposal by said shelter for sick, diseased, injured, illegally at large, lost, strayed
or abandoned animals provided that no such services be extended by said shelter
outside the city, except under written contract with the unit, person, association or
corporation concerned and at a charge based upon the actual cost of such services,
including overhead; provided that no such contract shall be effective except upon
the approval of city attorney or a duly designated associate, as to form and
legality, the approval of the Mayor, and the ratification by the Common Council
evidenced by adoption of a resolution.
10. To employ all personnel necessary for the efficient performance of the duties
required of said shelter. And require certification of all Animal Control Officers
as per state recommendations.
11. To prepare and submit after review and comments of the Animal Control
Commission to the Common Council through the City Controller, an annual
budget, for its financing of its operations and performance of its duties.
12. To submit to the Mayor and to the Common Council, no later than January 30 of
each year, a report of its activities and operation for the prior year.
u Indiana Code § 5- 14 -3 -1 through Indiana Code § 5- 14 -3 -10 sets for Indiana's "Access to Public Records" state
law.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 48
13. To establish reasonable fees to be charged to persons reclaiming and adopting
animals, and to collect such fees, such fees to be adopted only after approval by
Director and submission to the Mayor and Common Council for approval and
adoption.
14. To prepare for the Animal Control Commission quarterly reports on performance,
operation and intake %outtake metrics including adoption, rescue transfer and
euthanasia and any other statistics that the Animal Control Commission may
request.
15. To provide that all dogs and /or cats released for adoption shall be spayed or
neutered, implanted with an electronic microchip, and provisions made for a
program to monitor said spay /neuter and microchip plan.
16. Any violations of the animal adoption contract shall result in impoundment of the
animal. Return of the animal to the adopter will be at the discretion of the
Division of Animal Care and Control.
17. Shall adopt rules and regulations as may be necessary or appropriate in its
judgment to carry out the provisions of the ordinances and laws under which it
exists and performs its functions, including Standard Operating Procedures (SOP)
for the internal operations of the Division of Animal Care and Control.
Sec. 5 -91 Through Sec. 5 -94 Reserved for Future Use.
Division II. Animal Control Commission.
See. 5 -95 Animal Control Commission Established; Membership.
(a) A five - member Animal Control Commission is established.
(b) Members shall be appointed to serve a three -year term, with terms to be staggered. No
limit shall be set on number of terms a Commissioner can serve. All members to serve
without compensation.
(c) Two (2) of the Commission members shall be appointed by the Mayor. The three (3)
remaining members of the Commission shall be appointed by the Common Council. At
the outset, the Mayor shall appoint one (1) person to serve two (2) years, and one (1)
person to serve three (3) years. The Common Council shall appoint one (1) person to
serve two (2) years, and one (1) person to serve three (3) years. At least one (1) member
appointed by the Common Council of this Commission must be a licensed veterinarian.
This selection shall not be based on political affiliations, but on interest in animal care
and control and knowledge of same.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 49
(d) The members of the Commission shall serve at the pleasure of the appointing authority
and each member shall serve until a qualified successor is duly appoint.
Sec. 5 -96 Officers; Meetings and Meeting Minutes of the Animal Control Commission.
(a) The first meeting of the Commission shall be convened by the Shelter Manager. The
commission must meet for the first time within thirty (30) days of the effective date of
this Chapter. The Commission shall elect a Chair, Vice- Chair, and a Secretary from
among its members.
(b) The Commission shall meet at least once each quarter, or upon special call by the Chair,
or upon the written request to the Chair by any three (3) members .35
(c) Three (3) members of the Animal Control Commission shall constitute a quorum to do
business.
(d) Copies of all Animal Control Commission agendas shall be electronically sent to the Law
Department, Division of Animal Care and Control, Office of the City Clerk, and the
Chairpersons of the Council's Health and Public Safety Committee and Residential
Neighborhoods Committee.
(e) Meeting minutes of all Animal Control Commission meetings shall be maintained and
regularly posted on the City's website for the Division of Animal Care and Control with
electronic copies being sent to the Shelter Manager, the Law Department, Office of the
City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee
and Residential Neighborhoods Committee.
(f) In the case of vacancy in Commission membership due to death, resignation, incapacity,
removal or otherwise, the appointment to fill the vacancy so occurring shall be made by
the original appointing body for the unexpired term only.
Sec. 5 -97 Duties and Responsibilities of the Animal Control Commission.
The Animal Control Commission shall have the following duties and responsibilities:
(a) To receive and review recommendations made by the Shelter Manager;
(b) To recommend proposed policies, principles, standards and regulations for the control
and humane treatment of all animal regulated by this Chapter;
(c) To review and make advisory recommendations aimed at improving regulations and
enforcement of the regulations codified into this Chapter to the Common Council;
3s The Indiana Open Door Law requiring a minimum of 48-hour notice applies to all meetings of the Animal Control
Commission pursuant to Indiana Code § 5- 14- 1.5 -5.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 50
(d) To submit to the Mayor and the Common Council no later than March 1St of each year a
written report of its activities and recommendations;
(e) To receive complaints regarding alleged animal control violations;
(f) To. hear appeals within ten (10) working days (excluding holidays and weekends) of any
appeal being filed on the determination of:
1. An animal being deemed a "dangerous animal "; and/or
2. A person or persons alleged to have "provoked" an animal resulting in a violation
of this Chapter.
(g) Such determinations shall be reduced to writing with the original of the same being
maintained by the City and copies being sent to the person or persons filing an appeal,
with copies also being maintained in the Division of Animal Care and Control.
Electronic notification of such determinations shall be sent to all Animal Control Officers
and the South Bend Police Department.
Sec. 5 -98 through Sec. 5 -104 Reserved for Future Use.
Division III. Implementation and Enforcement.
Sec. 5 -105 Interfering With Enforcement.
No person shall interfere with an Animal Control Officer in the pursuit of his/her duties as an
officer.
Sec. 5 -106 Impoundment.
(a) Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for
the purpose of animal fighting, animals considered dangerous, animals abandoned as a
result of owner arrest, or animals that have been abandoned may be promptly seized,
provided, however, that the Animal Control Officer shall leave written notice.
(b) Animals so removed will be impounded and held at the Division of Animal Care and
Control or a designated facility, provided, however, that in no event shall this period
exceed five (5) calendar days, at which time the animal shall become the property of the
Department of Animal Control. An animal may be held longer if an extension is
necessary for the Animal Control Officer to have ample time to prepare a court case if
prosecution is warranted, or a request for a bond has been filed as provided in paragraph
(e) of this Section. In the case of animals impounded for quarantine at the Division of
Animal Care and Control, the animal will become the property of the Division if not
claimed by closing time of the Division on the eleventh (11'") day of the quarantine.
Owners requesting quarantine but failing to claim animals at the end of the quarantine
period will be responsible for all medical, quarantine, and euthanasia fees.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 51
(c) Animals impounded for reasons of tragedy beyond the control of the owner, such as but
not limited to house fire or death of the owner, will be held for seven (7) calendar days
during which time a reasonable effort will be made to contact the owner and /or their
representative to make reclaim or alternative housing arrangements. After the seventh
(7u') day of impoundment, the animals will become the property of the Division of
Animal Care and Control
(d) Animals awaiting disposition by the courts shall remain in the custody of the Division of
Animal Care and Control, unless such disposition is made, or placed in a foster home
until legal arrangements have been completed.
(e) Pursuant to impoundment of an animal under paragraph (a) of this Section, the Division
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 Division.
1. This petition shall be accompanied by an affidavit or statement of the Division
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.
2. The court or hearing body to which the petition is filed shall hold a hearing on the
petition. At the hearing, the Division has -the burden of proving that there is
probable cause to find that the animal was the subject of a violation as listed
under paragraph (a) of this Section. 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 thirty (30) days.
a. Bond must be posted within a maximum of three (3) business days
following the bond hearing judgment. If bond has not been posted within
the allotted three (3) business days, the animal shall immediately become
the property of the Division of Animal Care and Control.
b. Bond must be posted at the Division of Animal Care and Control in cash
or certified funds only. The bond shall be deposited into the budget for the
Division of Animal Care and Control, 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 thirty (30) days, the matter for holding said animal(s) has
not been adjudicated, another bond must be posted. The renewal bond
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 52
must be paid no later than the close of business on the thirtieth (30th) day.
If the thirtieth (30t) 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
Division 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.
3. 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.
4. This Section applies to any and all animals housed at the South Bend Division of
Animal Care and Control Shelter, or under the direction of the South Bend
Division of Animal Care and Control at a remote facility, irrespective of the
agency that seized the animals.
5. 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.
Sec. 5 -107 Notice to Owner.
(a) Upon the impoundment of an animal, a reasonable attempt shall be made to notify and
inform the owner of the animal of the requirements of this Article for regaining the
custody of the animal.
(b) Such attempt shall include, but not necessarily be limited to, the following:
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 53
In the instance of an impounded dog or cat, contact with the owner identified by
the microchip or other permanent means of identification, if any, borne by the dog
or cat;
2. In the instance of an impounded dog or cat not bearing a permanent means of
identification, contact with the veterinarian facility listed on the animal's
vaccination tag; and
Cooperation of effort with other governmental and private agencies, such as the
Humane Society of St. Joseph County or other humane and /or breed rescue
organizations recognized by the animal care and control division.
(c) Any ear tipped community cat that has been spayed /neutered and vaccinated as described
in Section 5 -32 of this Chapter will be returned to a colony caretaker who will maintain
the cat as part of a managed colony of community cats. Cat must be returned as close as
possible to its location of capture unless illness or injury presents imminent danger to the
animal.be processed through the community cat program.
Sec. 5-108 Redemption.
(a) A person may reclaim an animal in the custody of the Division of Animal Care and
Control upon providing the following:
1. Proof of ownership, and
2. Payment of redemption fee and any other service /medical fees, as approved by the
Shelter Manager.
3. It shall be mandatory that any dog or cat not displaying a current city pet
registration or current identification tag if not a city resident, affixed to its collar,
after the effective date of this Chapter, upon its redemption by its owner, and prior
to its release by the Division of Animal Care and Control, be implanted with a
microchip and registered for purposes of identification and recovery. The cost for
this process shall be at the owner's expense before the animal's release.
4. All animals shall be registered with the city prior to release, or require
enforcement action to mandate registration.
(b) Stray or at -large animals will be held three business days at the Division of Animal Care
and Control.
(c) Unclaimed animals become the property of the Division of Animal Care and Control and
may be placed for adoption, transferred to rescue or humanely euthanized, pursuant to
Sec. 5 -106.
(d) An animal that has been previously impounded stray or at -large and is now being
redeemed for the second or subsequent redemption, will be required to be spayed or
neutered by a licensed veterinarian at the owner's expense. Arrangements to perform the
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 54
procedure must be made within 24 hours of reclaim and enforcement action pending
spay /neuter completion will be issued at the time of reclaim.
(e) In cases mandating spaying or neutering of a dog the dog may be transported directly to
the veterinarian of the owner's choice at the city's discretion for completion of the surgery
and pickup of the animal by the owner from the veterinarian after such completion.
Sec. 5 -109 Inspections and Entry on Property.
(a) Whenever it is necessary to make an inspection to enforce any of the provisions of or
perform any duty imposed by this Chapter or when there is reasonable cause to believe
that there exists in any building or upon any premises any violation of the provisions of
this Chapter or state law, the Animal Control Officer or Health Officer or police officer is
'authorized at all reasonable times to inspect the same for compliance with the provisions
of this Chapter or any state law; provided that:
1. If the property is occupied, the officer shall first present proper credentials to the
occupant and request entry, explaining the reasons therefor; and
2. If the property is unoccupied, the officer shall make a reasonable effort to locate
the owner or other persons having control of the property and request entry
explaining the reasons therefor.
(b) In the event the Animal Control Officer, County Health Officer of his or her designee or
police officer has reasonable cause to believe that the keeping or maintaining of an
animal is so hazardous, unsafe or dangerous as to require immediate inspection to
safeguard the animal or the public health or safety, the officer shall first present proper
credentials and request entry, explaining the reasons therefor. If entry is refused or cannot
be obtained because the owner or other person having charge or control of the property
cannot be found after reasonable search, the officer shall have recourse to secure lawful
entry and inspection of the property via a warrant issued by a judge in good standing.
Sec. 5 -110 Disposition of Fees, Donations and Bequests.
(a) All money generated, received or collected as the result of payment of fees required
by this Chapter shall be deposited into the Division of Animal Care and Control budget.
(b)All money received by the Division of Animal Care and Control
through donations, gifts, bequests or devises shall be payable to the City Controller and
deposited into the appropriate fund. The expenditure of funds fund shall be subject to all state
and local appropriation and purchasing requirements.
(c) All money generated, received or collected in response to the Division's special fund-
raising projects shall be payable to the Division of Animal Care and Control and shall be
deposited into the appropriate fund and shall be used in a manner consistent with the announced
purpose of any special fund- raising event or project. No expenditure may be made from these
funds unless first approved by the Shelter Manager. The expenditure of funds from the dedicated
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 55
animal control special projects fund shall be subject to all state and local appropriation and
purchasing requirements
Sec. 5 -111 Penalties.
(a) Violators shall be fined as follows: Any person violating any of the provisions of this
chapter shall be fined for each offense, in any sum not less than $50 nor more than
$2,500 and each day's violation shall constitute a separate offense.
(b) Upon finding of violations of this Chapter, the City may seek injunctive relief through the
court which may order relinquishment of an animal(s) deemed to be a public safety risk
and/or a repetitive public nuisance that has not been abated or an animal that is a victim
of cruelty, neglect, or abandonment, to the Division of Animal Care and Control for
disposition.
(c) In the event that an animal is retained at the Division of Animal Care and Control
because its owner or harborer has been in violation of this Chapter, the person redeeming
the animal by paying the prescribed fees shall also be required to pay the costs incurred
by at the Division of Animal Care and Control for impoundment and caring for including
but not limited to:
1. surgeries,
2. vaccines,
3. x -rays,
4. medications, exams, lab work,
5. boarding,
6. rescue equipment, and /or
7. perishable personal protection equipment.
(b) Violations of this Chapter may result in immediate impoundment of animal(s).
(c) Violation of any provision of this Chapter may result in revocation of any permit(s) and
may require a re- inspection prior to reinstatement upon approval.
(d) Upon finding an owner or harborer guilty of violations for this Chapter, the court may
order restitution including but not limited to:
1. human medical bills,
2. victim veterinary and /or medical bills,
3. replacement cost of animal,
4. property damage,
5. lost wages, and /or
6. counseling or psychological treatment obtained by victim directly related to
violation incident.
Sec. 5 -112 Through Sec. 5 -119 Reserved for Future Use.
Article 9. Rental Horses.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 56
See. 5-120 Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(a) Carriage Horse. Any horse or pony which is used by its owner or any other person to
pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse
rented or leased by its owner to another for any of the foregoing purposes shall be
deemed to be a carriage horse for the purposes of this subchapter.
(b) Rental Horse Business. A business enterprise which operates a horse drawn vehicle for
hire such as a horse drawn cab, or offers the use of a horse to the public for a fee for the
purpose of riding or pulling a horse drawn vehicle.
(c) Stable. Any place, establishment or facility where one or more rental horses are housed,
boarded for a fee, or maintained.
(d) Work. A horse is considered to be at work when it is out of its stable and presented to the
public as being available for riding, pulling carriages, vehicles or other device, or when it
is saddled or in harness.
Sec. 5 -121 Permits and Administration.
(a) It shall constitute a violation of this subchapter for any person or corporation to use or
offer for use a horse in a rental horse business without a license issued pursuant to the
regulations and conditions set out hereinafter. No owner or operator of a rental horse
business shall permit a carriage driver to operate without a valid chauffeur or operator's
permit to drive.
(b) Licenses shall be issued for a term of one year and shall be renewed annually.
(c) An application for a license or renewal of a license shall be made to the Department of
Animal Control. Applications for renewal must be submitted no later than ten business
days prior to expiration of the current license. All such applications shall contain the
name and address of the owner of the horse and the rental horse business in which such
horse is to be used. The horse shall be identified by breed, age, sex, color, markings, and
the location of the stables where the horse is to be kept, recorded on a veterinary
certificate provided by the South Bend Department of Animal Control. No license shall
be transferable. Upon the transfer of ownership or use of any horse to a new owner or
operator shall obtain a new license for such horse within 30 days of the transfer date.
(d) The annual fee per working animal license or renewal shall be $100 for carriage horses
and $10 for riding horses, and shall be paid upon submission of an application to the
Department of Animal Control.
(e) Each horse licensed for use pursuant to these regulations shall be assigned an official
identification number unique to that horse during the duration of its use by the rental
horse business.
(f) An owner or operator of a rental horse business shall keep an accurate daily record of the
movement of each licensed horse including driver's name, horse's identification number,
vehicle license plate number, time of leaving stable and time of return to stable. Such
records shall be kept on the premises of the stable where rental horses are kept or
maintained and shall be made available to the Department of Animal Control upon
request.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 57
(g) An owner or operator of a rental horse business shall make the stable in which horses
used in the rental business are kept open for inspection at all reasonable time by
authorized personnel of the Department of Animal Control to enforce the provisions of
this subchapter.
See. 5 -122 Housing /Stable Premises.
(a) Walls and ceilings. Walls and ceilings shall be kept clean, in good repair, and free of
physical hazards at all times. Stall walls shall be constructed of a safe and secure
material, with boarding set beginning at ground level and close enough to prevent the
"casting" of a horse.
(b) Floors. Floors shall be level and free of holes or openings, and shall provide proper
drainage. No horse shall be stabled on a concrete floor without adequate cushioning.
(c) Storage areas. Feed shall be kept in storage areas constructed to permit extermination
treatment in order to be made rodent and insect proof. Feed storage area shall allow no
harborage and be kept vermin free. Storage of feed concentrates shall be in an area
inaccessible to the horses.
(d) Ventilation. Adequate ventilation shall be maintained, but rental horses shall not be
unnecessarily exposed to drafts in stables during cold weather. All stable areas shall be
adequately lighted by natural or artificial means so as to permit effective and safe
activities through day and night.
(e) General sanitation. All interior areas of stable and all exterior areas surrounding a stable
shall be kept clean, properly drained and free of nuisances including, but not limited to,
odors and accumulation of refuse or excrement. Manure accumulations shall be removed
from the premises weekly to prevent rodent and vermin activity.
(f) Stalls. Each stall shall house only one horse or pony. Stalls shall be attended to daily
ensuring clean and dry sufficient bedding of straw, shavings or other suitable material
which shall be changed as often as necessary to maintain them. The ceiling and shortest
wall of the stall shall measure three feet greater than the height of the horse at the withers.
See. 5 -123 Regulations.
(a) Horses shall not be left untethered or unattended except when confined in a stable or
other enclosure.
(b) While at work, rental horses shall be allowed to drink. However, a rental horse shall not
be allowed to drink in large quantities unless it is first rested. Water shall be offered at
frequent periods throughout the day or in the case of horses not at work, water shall be
available at all times. Troughs shall be cleaned daily. Sufficient nutritional foods and
water shall be provided free of dust, mold, vermin and other contaminants. Rental horses
shall be fed at least twice daily with the larger feeding being provided after the horse has
completed work.
(c) Certified weights of all horses and horse drawn vehicles shall be registered with the
Department of Animal Control annually. At the discretion of the Department of Animal
Control, when supported by the opinion of a consulting veterinarian, a rental horse within
a business may be restricted in regard to pullinghiding capacity, based on individual
characteristics and abilities.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 58
(d) No rental horse shall be at work for more than eight hours a day. There shall be a rest
period of 15 minutes for every two working hours. During such rest periods, the person
in charge of such horse shall make fresh water available to the horse.
(e) Rental horses shall not be worked in temperatures below -0 F., with wind chill factor
applied. At no time shall a rental horse be at work when the sum of the relative humidity
and ambient temperature exceeds 100 °. For the purposes of this subdivision,
temperatures shall be those measured "downtown" and broadcast by the local radio
stations. An operator of a rental horse already at work at the time the temperatures reach
the above described conditions shall return the passengers to the point of loading and rest
the horse in sheltered conditions. Thereafter, such horses may be worked only when the
weather conditions once again reach acceptable limits.
(f) Rental horses shall not work on a public highway, street or path during adverse weather
or other conditions which are a threat to the health or safety of the horse or the public.
Adverse weather conditions may include but shall not be restricted to snow, ice, heavy
rain, slippery conditions or excessive heat.
(g) Carriage companies shall equip all carriages/horses with a manure catching device for
use at all times while working.
(h) No horse -drawn carriage shall be driven at a speed faster than a trot at any time. All such
carriages shall adhere to state law on slow moving vehicles. No horse drawn carriage
shall be operated between the hours of 7:00 a.m. through 9:30 a.m. and 3:30 p.m. through
6:00 p.m., Monday through Friday.
(i) It shall be the responsibility of the owner /operator of a rental horse drawn carriage to
ensure there is a slow moving vehicle emblem displayed on each carriage, whenever the
carriage is moved, operated, or driven. The triangular slow moving vehicle emblem will
be mounted as near as is practicable to the center of mass and at an approximate height of
not less than three and not more than five feet from level ground or surface. The emblem
shall be mounted so as to be entirely visible from the rear, day or night.
(j) It shall be the responsibility of the owner /operator of a rental horse drawn carriage to
ensure there are flashing lamps mounted and in use whenever the carriage is moved,
operated, or driven 1 hour before sunrise and 1 hour after sunset. A red or an amber
flashing lamp will be mounted at a height as low as practicable that is visible from a
distance of not less than five hundred feet to the rear. Also, a double -faced flashing lamp
may be used, displaying amber light to the front and red or amber light to the rear.
(k) Every horse whose use requires a license hereunder shall be examined by a veterinarian
prior to its use in a rental horse business, and thereafter at intervals of not less than once a
year. The horse shall be examined and treated for internal parasites. Its general physical
condition shall be evaluated, which examination shall include but not be limited to,
inspection of teeth, hooves, and shoes, and for its physical ability to perform the work or
duties required of it. The examination shall also include a record of any injury, disease,
or deficiency observed by the veterinarian at the time, together with any prescription or
professional recommendation regarding humane correction or disposition of the same.
An Indiana health certificate containing the above information and signed by the
examining veterinarian shall be maintained at the stable premises at which such horse is
located, and shall contain the identification number, age and condition of the horse. With
a copy on file with SBACC.
Responsible Animal and Pet Ownership Care and Control Regulation Ordinance
Page 59
(1) The rental horse business shall take immediate action to obtain veterinary treatment, care
and attention when any horse is or becomes sick, diseased, lame or injured. If a horse
dies while at work or in the stable area, or is involved in an accident resulting in an injury
to a horse, the Department of Animal Control shall be notified immediately.
(m) A horse covered by this subchapter which is or becomes lame or suffers from a physical
condition or illness making it unsuitable for work shall be removed from work by the
rental horse business or may be ordered removed from work by the Department of
Animal Control. In the event of a dispute regarding such physical condition or illness,
the Department may require that a rental horse be examined by a veterinarian in order to
determine its ability to safely work as a rental horse. The cost of any such examination
shall be borne solely by the rental horse company. A horse which has been removed
from work under this division shall not be returned to work until it has recovered from
the condition which caused removal from work, or until such condition has improved
sufficiently that its return to work will not aggravate the condition or otherwise endanger
the health of the horse. A violation of this section shall be presumed if a horse is found
at work in a sick or disabled condition within 48 hours after its removal from work for
the same condition which caused such removal. Such presumption may be rebutted by
offering a written statement from a veterinarian who examined the horse after the time of
removal from work but prior to its return to work, which statement sets out the
veterinarian's professional evaluation of the condition and his/her opinion that it was
suitable for the horse to return to work prior the expiration of the 48 -hour period. This
statement shall be carried with the horse during the presumed 48 -hour recovery period,
and provided to the Department of Animal Control upon request.
(n) Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly
fitted to each horse and kept in good repair.
(o) Horses shall be kept clean while at work and in the stable. Horses shall be trimmed and
shod a minimum of once every six weeks or sooner if necessary.
Sec. 5 -124 Excepted From Coverage.
Rental horse business as defined in See. 5 -120 are excepted from coverage under Sec. 5 -66 and
are governed solely by the licensing provisions of this subchapter.
Attest:
City Clerk
Valerie Schey, Member of the
Common-Council
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 2 , at o'clock — M.
City Clerk
Approved and signed by me on the day of
2 , at o'clock — M.
Mayor, City of South Bend, Indiana
P
Hied to
jerk%
1 st READING ' i I•'; , , ` `f r
PUBLIC HEARING
3 rd READING L-- j V YQ �'�At7 �
NOT APPROVED orry CI kd 1,W �9�i Lb Ifs
REFERRED °°---- ......,,,,.»� ---�J
PASSED
Oliver J. Davis
President
Derek D. Dieter
Vice- President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
Valerie Schey
Third District
Fred Ferlic
Fourth District
David Varner
Fifth District
Oliver J. Davis
Sixth District
City of South Bend
Common Council
441 County -City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
(574) 235 -9321
Fax (574) 235 -9173
http: / /www.southbendin.gov
February 16, 2014
Council Vice President Derek Dieter, Committee Chairman
Health and Public Safety Committee
South Bend Common Council
County / City Building
South Bend, IN 46601
Dear Committee Chairman Dieter,
I am delighted to present to you a significant update to our City's
municipal code.
In seeking excellence in all that we do, it is imperative that we routinely
evaluate our City's policies, protocols and programs to ensure the highest
level of service as well as the adoption and implementation of evidence
based best practices.
Recognizing that an estimated 67% of our City's residents are pet owners,
policies governing animal care and control are a concern for a majority of
our residents. As such, a special committee of the South Bend Common
Council was formed last March to conduct a thoughtful and through
evaluation of Chapter 5 of our municipal code.
After 11 months, countless meetings and hundreds of hours, the members
Derek D. Dieter , of the South Bend Animal Care and Control Special Committee (SBAC3)
At Large are pleased to submit for your consideration a new Chapter 5 entitled,
Gavin Ferlic "Responsible Animal and Pet Ownership Care and Control Regulations."
At Large There were three guiding principles directing the work of the SBAC3
Committee. First was the question, "Have our current ordinances made
Karen L. White our community safer ?" Second was the question, "Have our ordinance
At Large improved the quality of life in our neighborhoods ?" Finally, the committee
asked, "Are there opportunities for improvement of our current
ordinance ?"
To address these questions, the SBAC3 Committee reviewed local policy
and outcome data relative to other cities across the state and nation. Upon
examination, the committee found a number of policy models that, if
adopted, could serve our City's residents well in terms of improved public
safety, improved quality of life and higher standards for the enforcement
of animal care and control laws.
I believe this new ordinance furthers our goal of making South Bend a 21st
Century City and is important in many ways, such as:
• It enhances community safety by empowering Animal Control officers
and strengthens the punishment for repeat offenders.
• It is fiscally responsible -
• It helps reduce the financial burden of animals on the city and
residents
• It supports local small businesses by emphasizing veterinary care,
spay /neuter, and responsible care of animals
• It reduces the city's financial &v legal liability if our current laws are
challenged in court - Many statutes very similar to our current code have
been declared unconstitutional and cities have spent hundreds of
thousands of dollars in legal fees.
• It improves the lives of animals in our shelters and in our community.
• It is more humane and up to date.
I strongly support these new changes, and I hope that you will, too. The
SBAC3 committee, has worked diligently to provide the Council an ordinance
that will serve both the community residents and our animals.
Please know that I and all SBAC3 Committee Members stand readily available
to answer any questions that you may have on this ordinance. I can be reached
at (574) 210 - 9623.
Si erely,
?- S&
Valerie Schey
South Bend City Council, Third District
Enclosures (13)
Cc: South Bend City Council
Council Attorney
South Bend City Clerk
Mayor Buttigieg
Corporate Counsel
Shubhada Kambli, Director of Code Enforcement
Matt Harmon, SBACC Shelter Manager
Brad Block, SBACC Senior Animal Control Officer
SBAC3 Committee Members
Media
e
2Q 4
L.
SHUN
E V0, P.
BENS
C �
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 9, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY
INCLUDING NEW SECTION 9 -30 ENTITLED LIMITED FEE EXEMPTIONS FOR
EMERGENCIES INVOLVING LOCAL UNITS OF GOVERNMENT GOVERNED BY
MUTUAL AID AGREEMENT.
STATEMENT OF PURPOSE AND INTENT
On December 9, 2013, the South Bend Common Council passed Bill No. 68 -13 addressing
specialized services performed by the South Bend Fire Department. That Bill became Ordinance No.
10275 -13, after being approved by the Mayor and has been codified into the South Bend Municipal
Code.
That ordinance was the first update to the regulations governing hazardous materials and tactical
teams since 1998. The ordinance noted that these specialized teams provide unique life- saving public
services by the qualified and dedicated individuals serving on those teams. It further noted that fee
adjustments were necessary in order to sustain and provide these critical services for the betterment and
safety of the City of South Bend and Homeland Security District # 2.
The Indiana General Assembly created a statewide mutual aid program which automatically
makes each Indiana unit of government a party to a Statewide Mutual Aid Agreement. There are seven
(7) counties in District 2 which include St. Joseph, Elkhart, Starke, Marshall, Kosciusko, Pulaski and
Fulton, as depicted on the attached map. District 2 Mutual Aid Inter -Local Government Agreement is
aimed to expand the resources available to each participating jurisdiction, to coordinate planning, to
ensure timely arrival of aid, to minimize operational and administrative conflicts and to facilitate prompt
recover of costs.
This ordinance sets forth limited exemptions for emergencies involving any local unit of
government who is governed by the District 2 Mutual Aid Inter -Local Government Agreement.
Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended by the addition of new
Section 9 -30 which shall read in its entirety as follows:
South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance
Page 2
Sec. 9 -30 Limited Fee Exemptions for Emergencies Involving .Local Units of Government
Governed by Mutual Aid Agreement.
Section I. Chapter 9, Article 5 of the South Bend Municipal Code is amended to read in its entirety as
follows:
(a) Definitions: As used in this Article, the following definitions apply:
(1) Emergency shall mean any occurrence, or threat thereof, whether natural or caused by
man, in war or in peace, which results or may result in substantial injury or harm to
the population, substantial damage to or loss of property, or substantial harm to the
environment and is beyond the capacity of an individual jurisdiction to effectively
control.
(2) Mutual Aid shall mean a prearranged written agreement and plan whereby assistance
is requested and provided between two or more jurisdictions during a designated
emergency under terns of the District 2 Mutual Aid Inter -Local Government
Agreement.
(b) The user fees for the South Bend Fire Department's Hazardous Materials Team set forth in
Section 9 -26 and the user fees for the South Bend Fire Department's Tactical Rescue Team
(TRT) set forth in Section 9 -27 of this Article shall not be charged for mutual aid services
provided by such teams to a local unit of government who is governed by the District 2
Mutual Aid Inter -Local Government Agreement during an emergency.
See. 9 -3I Through Sec. 9 -33 Reserved for Future Use.
Section II. If any section, subsection, sentence clause or phrase of this Article is for any reason
declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance.
Section III. This ordinance shall be in fall force and effect from and after its passage by the
Common Council, approval by the Mayor, legal publication.
C,a % k
&
Council Member Derek D. Dieter
Health & Public Safety Committee Chairperson
Council Member at Large of the Common Council
South Bend Fire Department Hazmat & Tactical Team User Fee Ordinance
Page 3
WWI
John Voorde, City Clerk
64FQvAenterv'by me to Mark Neal the Deputy Mayor of the City of South Bend, Indiana, on the
day of , 2014, at o'clock . m.
t.. .
m.
I:r HONG
.. .. PF.'Abii %G
I !)I APFROVW
I�..L. -EPTED
PASSEV '
Janice Talboom, Deputy Clerk
2014 at o'clock
Mark Neal
Mayor
City of South Bend, Indiana
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd
South Bend., Indiana 46601 -1830
April 4, 2014
The South Bend Common Council
4" Floor County -City Building
South Bend, Indiana 44601
(574) 235 -9321
Fax (574) 235 -9173
http: //w southbm.din.gov
Re: Ordinance Creating Limited Fee Exemptions for Emergencies Involving
Local Units of Government Governed by Mutual Aid Agreement.
Henry Davis, Jr. Dear Council Members:
Second District
I am introducing for your consideration and approval the attached proposed
Valerie Schey ordinance. The council Attorney and I have had the pleasure of working closely
Third District Assistant Chief Jim Lopez in developing this ordinance.
Fred Ferlic The proposed ordinance would provide limited fee exemption for services
Fourth District provided by the South Bend Fire Department's Hazardous Materials Team and
the Tactical Rescue Team for governmental units who are signatory to the District
David Varner 2 Mutual Aid Inter -Local government Agreement.
Fifth District
I request that the Bill be referred to the Health and Public Safety Committee and
Oliver J. Davis
Sixth District set for public hearing at the April 28, 2014 Common Council meeting. Thank
you.
Derek D. Dieter
At Large
Most since
Gavin Ferlic �
At Large Derek D. i
Health and Public Safety Committee
Karen L. White.
At Large Attachments
cc: Fire Chief Steve Cox
Assistant Fire Chief Jim Lopez
Rick Tripp, St. Joseph County Emergency Management Agency Director
iurn3: inaiana emergency management Agencies & IDHS Districts Map Page 2 of
http: / /www.in.gov /dhs /2797.htm 4/4/2014
BILL NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AUTHORIZING VARIOUS CITY DEPARTMENTS TO ACCEPT
PAYMENTS BY CERTAIN FINANCIAL INSTRUMENTS INCLUDING BANK CARD
AND CREDIT CARD AND TO AUTHORIZE FEES AND ESTABLISH
PROCEDURES FOR SUCH USAGE
STATEMENT OF PURPOSE AND INTENT
The City of South Bend, Indiana, has authority, pursuant to IC 36- 1 -8 -I1, to adopt an
ordinance approving and regulating the acceptance of payments made by financial instruments
authorized by the City's fiscal body. South Bend's fiscal body is the Common Council which
finds that the acceptance of payments made by financial instruments is desirable for the efficient
performance of City business and that such financial instruments acceptable for payment of City
goods, services, and fees shall specifically include but are not limited to bank card and credit
card as defined at Ind. Code Section 36- 1- 8- 11(b), and as hereafter amended.
The Common Council further finds that if there is a charge to the City for the use of a
certain financial instrument, it is desirable that the City collect a sum equal to the amount of the
charge from the person or business that uses the financial instrument; and that it is necessary to
establish procedures for acceptance of payments made by financial instruments.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Financial Instrument Use Authorized.
Various Departments of the City, including but not limited to the City's Water & Sewage
Utility Divisions, the Department of Administration & Finance, the License Bureau, the Parks &
Recreation Department, the Police and Fire Departments, the Building Department, the Code
Enforcement Department, the Department of Public Works, the Department of Community
Investment, The Morris Performing Arts Center, the Palais Royale and the City Clerk's Office
are each and all authorized to accept all financial instruments expressly included in Ind. Code
Section 36- 1 -8 -11, including but not limited to credit cards and bank cards, and other financial
instrument accounts such as PayPal, in payment for goods, services, fees, and other costs charged
to the public by such City Departments as part of their regular, ordinary business. This shall
include Tax Abatement Petition fees charged by the Department of Community Investment.
The acceptance of financial instruments in payment for City goods, services, fees and other costs
shall be made under and pursuant to the procedures set forth in I.C. 36- 1 -8 -11, as the same may
be amended from time to time.
SECTION II. Charge Pass - Through Procedure.
If there is a charge to the City and/or its Departments for the use of a financial instrument
to make such payments, the City or the affected City Department may collect a sum equal to the
amount of the charge from the person, business, or other entity using the financial instrument.
SECTION III. Procedures Uniformly Applied.
City Departments shall apply uniform procedures for all payments of the same type
which are made by financial instruments.
SECTION IV. Prior Approval of City Controller and Corporation Counsel.
A City Department desiring to accept financial instruments in payment for City goods,
services, fees and other costs shall notify the City Controller and the City Corporation Counsel
of its intent to do so and shall provide a brief summary of its desired payment program to
include the type of financial instrument to be accepted by the Department, the type of payments
to be accepted from the public using the designated financial instrument(s), the name of the
financial institution offering the financial instrument along with the institution's service costs,
and the desired date for commencement of the payment program. Permission from the City
Controller and Corporation Counsel, or their designees, shall be obtained by the Department
before commencing the payment program.
SECTION IV. Effective Date.
This Ordinance shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor according to law.
ATTEST:
City Clerk
Member of the Common Co • cil
ltu's}3g7 ®. . WV p ;gips r.�; � gM00
so
[61.1. �4�ddin W321037
comc 1$own on this WSW,
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
, 2014, at o'clock .m.
City Clerk
Approved and signed by me on the day of
o'clock .m.
1 st P,EAD;NG +4
PUMC iiFARiNG
3 rd READ"NG
NOT APPROVED
REFERRED,
PASSED
2014, at
Mayor of the City of South Bend, Indiana
71led In Clerk's Off c,
u zu14
CITY CLERK", S U H SEND, IN
1200N CouNw CITY BUILDING
227 W. JEFFERSON BLVD.
Soum BEND, INDIANA 46601 -1830
CITY of SouTH BEND PETE BUI-17G1E43, MAYOR
PHONE 574/235 -9216
FAX 574/235 -9928
DEPARTMENT OF ADMINISTRATION AND FINANCE
April 9, 2014
Mr. Oliver Davis
President, South Bend Common Council
4th Floor County City Building
South Bend IN 46601
Re: Ordinance to Authorize Public Payment for City Goods & Services by Financial Instruments
Including Bank and Credit Card
Dear President Davis:
Attached is an ordinance authorizing various Departments of the City, including the City Clerk's
office, to accept payments from the public by financial instruments including bank and credit
card, and accounts such as PayPal for City goods, fees, and services. This ordinance is
authorized by Ind. Code Section 36- 1 -8 -11, and is part of Mayor Pete's goal of simplifying and
easing delivery of City services to its citizens.
I will present this ordinance to the Council at its appropriate Committee meeting and at the
public hearing. The City Administration requests the Council's favorable review and final
approval of this ordinance.
Sincerely,
,L\c
Jd hj H. Murphy
City Controller
"I'll 0
Filed in Clerk's (� "a
A1, PR —y
JOHN W'
i
CITY CLERK SOUTH BEND. I N
Me
Po, kVLt i
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
2115 WEST WESTERN AVENUE
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
IRBN, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization
Areas for the purpose of tax abatement consideration; and
Beg 603.53' E of Inter of
E Right of Way of Olive Street
N Right of Way of Western Ave
W %2 NE' /a Sec 10 -37 -2e
Cont Approx 6.622 Ac +-
and which has Key Number 018 - 4096 - 358109 as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for Personal property tax abatement only and is limited to two (2) calendar
years from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted Personal property tax deduction for a period of five (5) years as shown by the
attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. and further determines that the petition
complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana
Code 6- 1.1 -12 et sue.; provided however, the Petitioner may not receive an economic
revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-
1.1-45 for the same property.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
.,,....,i`1 T LU
NOT Mr- -O,Wd
�4.pGPii��J
D� � - ()aNl S ( /V--
Member of the Common Co it
S36r,,.? o� a
g, r
;-rr
and
p(�a' ,f
Filed i f ^�f S Office
F'PR 3 2014
JOHN WOO's i@
CITY CLERK, soti'.' END, IN
& N .3, l � -`i ),
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
2115 West Western Avenue
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A TWO -YEAR (2) REAL
PROPERTY TAX ABATEMENT FOR
Vida Realty, LLC
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 1902
West Sample Street, South Bend, Indiana, and which is more particularly described as follows:
Beg. 603.53' E of Inter of
E Right of Way of Olive Street &
N Right of Way of Western Avenue
W '/z NE '/4 Sec 10 -37 -2E
Cont Approx 6.622 Ac +-
and which has Key Number 71- 018 - 09041 -00, as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to two (2) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the annual amount for which
similar buildings in the county were leased or rented or offered for lease or rent during the
period the eligible vacant building was unoccupied is approximately in the amount of
$144,600.
SECTION III. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of two (2) years as shown by the
attachment pursuant to Indiana Code 6 -1.1- 12.1 -17, and further determines that the petition, the
Memorandum of Agreement between the Petitioner and the City of South Bend, and the
Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of
South Bend and Indiana Code 6- 1.1 -12 et sea.
SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
PME"'ED
? ,'01 APPRO.YFO
y DOPI "E�:
Member of the Common Co cil
SingI:.. t 3 3
Filed in CAerk's Office
APP 2 3 2014
CITY CLEF.i�. is :,; ; H 8FND, IN
�LA\ N--U
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1902 West Sample Street
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR
LIPPERT COMPONENTS MANUFACTURING INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 1902
West Sample Street, South Bend, Indiana, and which is more particularly described as follows:
Lot 1
Project X Minor Sub
03 -04 New Replat TR 5162 -7 -18 -2002
and which has Key Number 71- 018 - 09041 -00 be designated as an Economic Revitalization Area;
and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
.NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for personal property tax abatement only and is limited to two (2) calendar
years from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted personal property tax deduction for a period of five (5) years as shown by the
attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the
Memorandum of Agreement between the Petitioner and the City of South Bend, and the
Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of
South Bend and Indiana Code 6- 1.1 -12 et sea.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
II
N.QT Af Ruvez
U��J-'S
Member of the Common uncil
4.110 VJM
Filed in
RPM 23 2914
CHY CLf`°t[i,,t�oJi l H BEN®, IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING A CERTAIN AREA WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1020 Saint Peter Street
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
(5) FIVE -YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
Robert and Catherine Kossler
WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement
have been submitted to and filed with the City Clerk for consideration by the Common Council
of the City of South Bend, Indiana, requesting that the area commonly known as 1020 Saint
Peter Street, South Bend, Indiana, and which is more particularly described as follows:
THAT PART OF THE NORTHWEST QUARTER SECTION 1, TOWNSHIP 37 NORTH,
RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA, WHICH IS DESCRIBED AS LOT `B" AS SHOWN ON THE PLAT OF "SORIN'S
SECOND SUBDIVISION SIXTH REPLAT" RECORDED JUNE 13TH, 2012 IN THE OFFICE
OF THE ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO. 1217687.
CONTAINING 0.17 ACRES MORE OR LESS
SUBJECT TO ALL LEGAL RIGHT -0F -WAYS, EASEMENTS, AND RESTRICTIONS OF
RECORD.
and this property has Tax Key Number 018 -5104 -3651, be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend
Municipal Code Sections 2 -76 et seq., and;
WHEREAS, the Department of Community Investment has concluded an investigation
and prepared a report with information sufficient for the Common Council to determine that the
area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and
South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats
showing the boundaries and such other information regarding the area in question as required by
law; and
WHEREAS, the Community Investment Committee of the Common Council has
reviewed said report and recommended to the Common Council that the area qualifies as a
Residentially Distressed Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I . The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6 -1.1 -12.1 et sea., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one of the
following conditions as formally established in Ordinance No. 9394 -03, which was passed on
February 10,2003:
A. The area is comprised of parcels that are either unimproved or contain only one
(1) or two (2) family dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or
certificates of occupancy, or the areas are owned by Indiana or the United States;
or,
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10 %) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of
this nature;
2
C. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment;
and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet
local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by
the Common Council.
SECTION IV. The Common Council hereby determines and finds that the proposed described
redevelopment can be reasonably expected to yield benefits identified in the Statement of
Benefits and the petition for real property tax abatement consideration and that the Statement of
Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction
granted under Indiana Code 6- 1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community Investment Committee that the area herein described be designated as a
Residentially Distressed Area and hereby adopts a Resolution designating this area as a
Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of five (5) years.
SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code
standards for habitability as a specific condition of having such property designated as a
residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
Si
CoaEiu { G`wki+: i ti: s��
PRESENTED
1101 APPRO.NTD
Member of the
-ilea in
FIPR 2 3 1Q14
P.. tf r iPe f} ?'oE. !
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
April 8, 2014 SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Residential Real Property Tax Abatement Petition for:
Robert and Catherine Kossler
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAX: 574/235 -9021
Please find attached the Department of Community Investment's report on a residential
real property tax abatement petition submitted by Robert and Catherine Kossler to build
a single - family home at 1020 St. Peter Street. Also attached is a copy of the petition,
Statement of Benefits form, and supporting information.
The report contains the department's findings relative to the above petition. The
petitioner proposes to build a single - family home at a cost of approximately $330,000.
The project meets the qualifications for a (5) five -year real property tax abatement. The
petitioner will be available to meet with the Committee on Monday, April 28, 2014.
Should you or any of the other Council members have any questions concerning the
report, or need additional information, please feel free to call me at 235 -9278.
Sincerely
Brock
Director Economic Resources
Attachments
cc: South Bend Common Council Members
Deputy Mayor Mark Neal
Scott Ford
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RE SOURCES
JITLk KAM PAMELA C. MEYER CHRIS RELDwa DONALD E. INKS
227 W. JEFFERsoxBOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
TO:
W&OW"i
SUBJECT:
FOR:
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
TAX ABATEMENT REPORT
SOUTH BEND COMMON COUNCIL
KATHY HAHN
PHONE; 574/235.9371
FAX: 574235 -9021
RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION
Robert and Catherine Kossler
DATE: April 8, 2014
On April 7, 2014, a petition for residential tax abatement consideration for real property
located at 1020 Saint Peter Street was filed with the City Clerk by Robert and Catherine
Kossler. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the
City of South Bend, this petition was referred to the Department of Community
Investment for purposes of investigation and preparation of a report determining whether
the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and
whether all zoning requirements have been met.
The Department of Community Investment has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT DESCRIPTION
The petitioners intend to construct a 2400 square foot single family home on a vacant lot at
a cost of $330,000. The home will have eight rooms three of which will be bedrooms along
with a 2 car garage, unfinished basement, and front porch. The land size is 66 feet by 115
feet, and the house footprint is 36 feet by 85 feet.
Total taxes to be abated during the (5) five -year abatement period are estimated to be $1,893. Total
taxes to be paid during the (5) five -year abatement period are estimated to be $19,879
PLANNING NEIGHBORHOOD ENGAGEMENT BUSINESS DEVELOPMENT
J1TTN KAIN PAMELA C. MEYER CHRIS flELO(NG ECONOMIC RESOURCES
DONALD E. INKS
South Bend Common Council
RE: Robert and Catherine Kossler
April 8, 2014
Page 2
ABATEMENT QUALIFICATION
I. A review of the tax abatements previously granted finds that the Petitioner has notbeenassociatedwi
or been granted any previous tax abatements. th
2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for
the proposed project.
3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for a (5) five -year residential tax abatement under Section 2-77.1, ti Single Family
Residential Construction.
CITY OF SOUTH BEND, INDIANA
PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION
The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common
Council of the City of South Bend for Residential Real Property tax abatement tonsideration and pursuant to I.C.
6.1.1- 12.1.1, et seQ., and South Bend Municipal Code Sec. 2 -76 et se Q., for this petition state the following:
1.
Describe the proposed construction project, including information about square footage, number of rooms,
number of stories, other amenities such as finished basements and garages, the amount of land to be used, the
proposed use of the improvements, and a general statement as to the importance of the moiecr (use nddirinnnl
2. Estimate the dollar value of the construction project (donor include land cost): $ 330 ,COO
3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the
following individual(s) or corporation(s) (if the business organization is publicly held, indicate also the name of
the corporate parent, if any, and the name under which the corporation has filed with the Securities and
Exchange Commission):
Address _ Inte est
4. The commonly known address of the Property is: 1020 Si Pc' ('kl St _ and having tax
key no.: (use additional sheet for multiple addresses or key numbers).
5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein.
6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is
incorporated herein.
7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto,
marked Exhibit C, and incorporated herein.
8. The current assessed valuation of the property before construction is $_ 54 , bfo s (use additional sheet for
multiple addresses). (Information may be obtained from the St. Jacr/nh County Assessors Office 235. 9523).
- a''T�t,'s 4Mnu.,.f 4�So..fa f'�ia - {v !Mcv�i1 GftX.rfi' t�l(,i - /-y� , /I�wP.+p�,
new &SS'eszvd u�(�..c �p pKt x' #Sr fbo ((lHn fc. ctsfcslcd� J�efae J
9. List the real property taxes paid at the location during the previoa two ye2ts, whether the current owner
or a previous owner (use additional sheet for multiple addresses): paid by
2013 6 I �-9- S 2
(1 his intormation may be obtained from the St. Joseph County Treasurers office, 235.9531)
10. What is your best estimate of the after completion market value of the property: $_A100 k 60o
(Rev. 5 /13/11)
11. No building permit has been issued for construction on the property in connection with the improvement in
question as of the date of filing of this petition. The building permit may be issued after the South Bend
Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building
permit has already been issued). The signature below is verification of this statement.
12. List other anticipated public financing for the project, including any assistance to be sought or already
authorized through the United States Department of Housing and Urban Development funds from the City of
South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing
Consort ium or other public financial assistance, including but not limited to public works improvements:
13. Describe how the property has become undesirable for or impossible of normal development because of a lack
of development, cessation of growth, deterioration of improvements or other factors which have impaired values
and prevent a normal development of the proRerty:
14. The current use of the property is S i Aa Ie 4e. 1(� —e— ((i�� - -- and the current
zoning is S1C2 (use). (This informations may be from t ee Building Department 235.9553)
15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend
Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission):
16. The following person should be contacted as the petitioner's agent regarding additional information and public
hearing notifications:
Name
Addre
City,S
TeIepl
Email
)WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of
South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed
area for the purposes of real property tax abatement consideration, and after publication of notice and public
hearing, determine that the qualifications for a residentially distressed area have been met and confirm such
resolution.
CITYui - -,, o
Name of Property Owner(s):
i2o�er('R�o� lA1�N%lP KOSS�tl'
$y: _
(Signature)
e0.fltiarrnc �SSIE �'
(Rev. 5/13/11)
2
(Typed or printed name and capacity)
EXHIBIT "A"
Legal Description of the Real Estate:
THAT PART OF THE NORTHWEST QUARTER SECTION 1, TOWNSHIP
37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS LOT
"B" AS SHOWN ON THE PLAT OF "SORIN'S SECOND SUBDIVISION
SIXTH REPLAT" RECORDED JUNE 13TH, 2012 IN THE OFFICE OF THE
ST. JOSEPH COUNTY, INDIANA RECORDER AS INSTRUMENT NO.
1217687.
CONTAINING 0.17 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND
RESTRICTIONS OF RECORD.
COMMONLY KNOWN AS:
1020 ST. PETER STREET, SOUTH BEND, INDIANA
sled in O erk's Qf 6ca
jo
10 ¢ CfTY GLk E�iC,et a'r 6P
I 5 YEAR
Koaclars
&APr•14
South Bend Portage Township
.
Residential
Real Property TaxAbatemenf Scheo'u /e•
Estimated Project Cost:
SM 00D 06
Assessed d Value•
_Total Taxes
Tax Abated-,
Structure (% AV of cost) 100.0%
p fd.
Land Value 10,000
330.000.00
330,000.00
330,000.00
Gross Assessed Value
10.000.00
WA
Less Mortgage Exemption
340,000.00
330,000.00
WA
Less Homestead Deduction
(3000.00
, )
(3,000.00)
330.000.00
-
Less Supplemental Homestead Deduction
(45,000.00)
(45.000.00)
(3,000,00)
(4`'`•000.00)
Base Assessed Value
103,250.00)
(10325000)
188,750.00
178,760.00
03,<50.uu
Less Maximum Abatement Deduction
178.750.00
Less Non•AbatedAmount
NIA
NIA
(74,880100)
Plus Land Assessed Value
(103,870.00)
Net Assessed Value
WA
WA
WA
10,000.00
188,750.00
74,880.00
PreOedy Texas-
113,870.00
Assume constant tax rate or
5.0228%
5.0228%
5.0228%
Gross lax (tax rate x net assessed value)
Less County COIT Homestead Credit:
9,480.49
3,761.05
Tax Due Before Circuit Breaker
7.3430 " /, (696 15)
(276 17)
5,719.43
Less Circuit Breaker Credit
8,784,34
3,484 88
" "' °O
Net Tax
(4 d2983)
(3 106 21)
6,299.46
4,354.51
378.67
'•'xs.o[
3,975.84
Circuit Breaker Cap
Circuit Breaker
1 0000%
Debt Service
3.400.09
0,5057%
3,300.00
3.400.00
Circuit Broker Cap
954.51
376.67
4,354.51
3,678.67
575.84
3,975.84
Net Total
Year
Assessed Taxes
Value
Tax
Tax
1
Due
188.750.00 4,354,51
Abated
Paid
2
188,750.00 4,354.51
378.67
378.67
3,976,84
3
188,750.00 4,354,51
378.67
3,975.84
4
188,760.00 4,354.51
378.67
3,975.84
5
188,750,00 4,354.61
37867
3.975.84
5 year totals: 21,772.64
.
1,893.34
3,975.64
19,879.20
'This schedule is for estimation purposes only and assumes
constant lax rates. The Ims tax values
will ultimalely be determined by the actual assessed valuation and the then
current tax rates,
"Tax Abated is capped at $74,880 of assessed value of structures only and does
assessed value.
nal Include land
—Tax Paid is calculated using the difference between actual assessed value of structure and
maximum abated portion of $74,880 and adding back the land assessed value,
B
CLERK, S4tno
s�
R
I
1
I
n Tr—
�I
—y gI
fnl
}' I
5
S
>e
A�9e �
RR is t® s e
F i �fqE I flak N
Of�b'lo i
I I I I
I I I
§ I § I S I § ! §
I I I
I
I
- - —
'-
I
F�qI
I `I
b I
I
b I (WE s.80) samy sm mum 1/7
.:IZV) +aqua �+sa •,s v� —
U
fillF
BI
`Qg�r
yy
PA
fill
aW,, o _
ma
B
W�
^y
ffe
llsl
C
l
I If . g°
d
cYR! R
pills,
0 §-
1fri`�f
;l°
°Ili
F�
B
CLERK, S4tno
s�
R
I
1
I
n Tr—
�I
—y gI
fnl
}' I
5
S
>e
A�9e �
RR is t® s e
F i �fqE I flak N
Of�b'lo i
I I I I
I I I
§ I § I S I § ! §
I I I
I
I
- - —
'-
I
F�qI
I `I
b I
I
b I (WE s.80) samy sm mum 1/7
.:IZV) +aqua �+sa •,s v� —
ll
Bllg`
RBII
R
5p
tatBS
iR
B
iR
I
�I
ill 1 big
§i i jl r
RR B §.
i� iir� S."G r !ej i'B.i
li�'jr
Fill
f �11`E it "BFI r� 1111'1
i NO I�'i r .1i, §aib
l ail: 4l� �'lrl
I irlC Elh it §tl ��, t!l!
fillF
BI
`Qg�r
yy
11
fill
'�
B
ll
Bllg`
RBII
R
5p
tatBS
iR
B
iR
I
�I
ill 1 big
§i i jl r
RR B §.
i� iir� S."G r !ej i'B.i
li�'jr
Fill
f �11`E it "BFI r� 1111'1
i NO I�'i r .1i, §aib
l ail: 4l� �'lrl
I irlC Elh it §tl ��, t!l!
t
jig
CfTNCs.th,... ..e ...:
R 191E .- .....,.....e_...._�_.....I
R/R LNE
7a R UNE
— — ------ _+ o C L ST_VINCENT STREET
4125' 41.75' 4126' 41M' i
_ LOT 1
PT. Of LOT 97 FPT.I()F OF -
a� —
2 ' LOT 7
oi iDt A "rf..�nc Lr31' 9¢ LDT 5 � .. .
cli
co
LOT 4
Go 65
W g L(ff O � 3t LDT SSA
2.1 LOT S
p" :" 11524• ...d ' .q�euc AUly
O y
74 C40 $ LOT C Ic i
►.a Pi. `.Jf Lri as Pf. OF LOT a Q LOT 97
N W2110" W 118.31 ---- -- p --
75
.. PT. OF Lm.57 .. .. PL OF tm 57
14.00' .. V LOT 93
I- - - -- - - - -- o
PT. OF LOT 59 PT. OF LOT m
. - 1 LOT 94
E
Lox
C L HOifARD STREET
STATEMENT OF BENEFITS
REAL ESTATE IMPROVEMENTS
State Forth 51767 (R2 / 1 -07)
Prescribed by the Department of Local Government Finance
This statement is being completed for real property that qualifies under the following Indiana Code (check one box):
❑ Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4)
❑ Eligible vacant building (tC 61.1 - 12.1 4.8)
20_ PAY 20_
L.FDRM SB -1 I Real Properly
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing Nthe designating body requires
information from the applicant in making its decision about whether to designate an Economic RevitaUzationArea, Otherwise this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction.
"Projects "planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1)
2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to indiction of the redevelopment or rehabilitation,
BEFORE deduction maybe approved.
3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERAIVBD, Mrichever is applicable, must be Ned with the County Auditor by tha later
of., (1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address
shown on the records of the township assessor.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- 1/Real Property annually to the application to
show compliance with the Statement of Benefits. [IC 6- 1.142.1- 5.1(b) and IC 6- 1.1- 12.1 - 5.36)]
5. The schedules established under IC 6- 1.1- 12.14(d) for rehabilitated property and under /C 6 -1.1 -12.1- 4.8(1) for vacant buildings apply to any statement
of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits riled before
July 1, 2000. •
INFORMATION I TAXPAYER
Name of taxpayer
Robe ed—*uj ko
r4- ,Aq ,in Lifle(`
Address of taxpayer (number and street, city, state, and ZlPcede)
)23K N. 19-44!1 SE 42-lLy/q SOJA t3end IN ��G /7(/ina(i. %OZO
Name of wntact person Telephone n bar
4ZobCrt (eosSU /y -S- -95y�
E -mail address
rkozzle,- Ad, edq
SECTION
Name of d/etsignating body /�
0
Resolution number
041 Mc3" `G CIA C/ (
Location of property
o W 5 P-,-k- S- Sbut'i, 13 •I f q6 (0 (7
Coun fY
S-L- u; wk
DLGF taxing district number
Description of real property improvements, rredevelopme I, or rhabii}Iitation (use additional sheets %necessary)
Ccn51`'MUCtr 2n Gf 3/ 1�!l.`l` <1Wt((r 0.1 a- rcsetF VaCQ /o
Estimated start date (month, day, year)
O5'2C'--zo/
/k( rim rrp /rM�-nitll�
4 th' le.tr) Z Yc.• 415 /� rYCMi 3 CFtro.
Estimated date
J t 4N h'krt�adl �Se�/cl Z i/a re/ v il'o� f Fret
completion (month, day, yead
Current number Salaries Number retained Salaries Numberadditional Salaries
iF
SECTION r TOTAL COST AND VALUE OF •••. . P20JECT
NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS
is confidential. COST ASSESSED VALUE
Current values
O
D
Plus estimated values of proposed project
3 d e O
Less. values of -any property being replaced
O
L
Net estimated values upon completion of project
33� pos,
a'i , 56cr7
• • r . • •
• ,
Estimated solid waste converted (pounds) N 1
Estimated
hazardous waste converted (pounds)
Other benefits
SECTION C
TAXPAYER CERTIFICATION
I hereby certify that the representations in this statement are true.
Signature of authorizeepre native
X7 V, %a
Title
Date signed (month, day, year)
0,l,,`- G7 -2r�i
Page 1 of 2
Page 2 of 2
FOR USE OF THE DESIGNATING BODY
We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meats the general standards
adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations:
A. The designated area has been limited to a period of time not to exceed calendar years ' (see below). The date this designation
expires is
B. The type of deduction that is allowed in the designated area is limited to:
1. Redevelopment or rehabilitation of real estate improvements O Yes ❑ No
2. Residentially distressed areas - ❑ Yes ❑ No
3. Occupancy of a vacant building - ❑ Yes O No
C. The amount of the deduction applicable is limited to T. _
D. Other limitations or conditions (specify)
E. The deduction is allowed for years* (see below).
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved (signature and title of authorized member or designating body)
Telephone number
Date signed (month, day, year)
Attested by (signature and title of attester)
Designated body
If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is
entitled to receive a deduction to a number of years designated under IC 6- 1.12 - 12.1 -4.
A. For residentially distressed areas, the deduction period may not exceed five (5) years.
B. For redevelopment and rehabilitation or real estate improvements:
1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years.
2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years.
C. For vacant buildings, the deduction period may not exceed two (2) years.
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
211 West Washington Street
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FOUR (4)
YEAR REAL PROPERTY TAX ABATEMENT FOR
THE TOWER AT WASHINGTON SQUARE LLC
WHEREAS, a petition for real property tax abatement has been filed with the City Clerk
for consideration by the Common Council of the City of South Bend, Indiana requesting that the
area commonly known as 211 West Washington Street, South Bend, Indiana, and which is more
particularly described as follows:
Lots 239 & 240 &
Vac Alley W & Adj
OP
and which has Key Number 018 - 1008 -0321 be designated as an Economic Revitalization Area
under the provisions of Indiana Code § 6 -1.1 -12.1 et sec., and South Bend Municipal Code
Sections 2 -76 et seq., and;
WHEREAS, the Department of Community Investment has concluded an investigation
and prepared a report with information sufficient for the Common Council to determine that the
area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and
South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats
showing the boundaries and such other information regarding the area in question as required by
law; and
WHEREAS, the Community Investment Committee of the Common Council has
reviewed said report and recommended to the Common Council that the area qualifies as an
Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for Real
Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet
the requirements of Indiana Code § 6 -1.1 -12.1 et sM., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result from the
proposed described redevelopment or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected to result
from the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code § 6- 1.1- 12.1 -3.
SECTION IV. The Common Council hereby accepts the report and recommendation of the
Community Investment Committee that the area herein described be designated as an Economic
Revitalization Area and hereby adopts a Resolution designating this area as an Economic
Revitalization Area for purposes of real property tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VI. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of up to four (4) years as shown by the
attachment pursuant to Indiana Code 6- 1.1- 12.1 -17.
SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code § 5 -3 -1 and Indiana Code § 6 -1.1- 12.1 -2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
PRESENTED
NOT APPRO.VE6
ADOPiM,41
Member of the ConinVon Council
and
CpURCGVl Cii iLZ: iN;
Filed in V,« Dfflce
E.APR 2 3 2014 _ _. - . - - - - -i
o
dow -in< ;; ::
CITY CL`r_M, :igv l H SEND, IN
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
April 8, 2014 SCOTT FORD, EXECUTIVE DIRECTOR
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Commercial Real Property Tax Abatement Petition for:
The Tower at Washington Square LLC
Dear Council Member Ferlic:
PHONE: 574/235 -9371
FAx:574n35 -9021
Please find attached the Department of Community Investment's report on a commercial
real property tax abatement petition from the above - referenced Petitioner for property
they intend to rehabilitate that is identified as 211 West Washington Street. Also
attached is a copy of the petition, Statement of Benefits form, and supporting
information.
The report contains the Department's findings relative to the above petition. The
Petitioner, The Tower at Washington Square LLC . proposes to rehabilitate the building
at a cost of $3,000,000 over a two year period. A representative of the Petitioner will be
available to meet with the Committee on Monday, April 28, 2014.
Should you or any of the other Council members have any questions concerning the
report, or need additional information, please feel free to call me at 235 -9335.
Sincerely,
Brock Zeeb
Director Economic Resources
Department of Community Investment
Attachments
cc: South Bend Common Council Members
Deputy Mayor Mark Neal
Scott Ford
Chris Fielding
PLANNING NEIGHEORHOOD ENGAGEMENT BUSINESS DEVELOPMENT ECONOMIC RESOURCES
JIrIN NAM PAMELA C. MEYER CHRIS FIELDING DONALD E. IHRS
227 W. JEFFERSON BOULEVARD
SUITE 1400 S.
SOUTH BEND, IN 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
COMMUNITY INVESTMENT
SCOTT FORD, EXECUTIVE DIRECTOR
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: KATHY HAHN
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
The Tower at Washington LLC
DATE: April 8, 2014
PHONE: 574/235 -9371
FAX: 574/235 -9021
On April 7, 2014 , a petition for real property tax abatement consideration for property
identified as 211 West Washington Street was filed with the City Clerk by The Tower at
Washington LLC. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code
of the City of South Bend, this petition was referred to the Department of Community
Investment for purposes of investigation and preparation of a report determining whether
the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and
whether all zoning requirements have been met.
The Department of Community Investment has reviewed the petition, investigated the
area, and makes the following report.
PROJECT SUMMARY
The petitioner intends to rehabilitate the Chase Tower building which they recently
purchased at tax sale. The cost to rehabilitate the facility is $3,000,000 over a two year
period. The petitioner will refurbish and renovate such building systems as elevators,
plumbing, and heating systems. The petitioner will complete work on the garage and
will install new windows. The petitioner will modernize the office elevators.
PLANNING NEICHEORHOOD ENGAGEMENT BUSINESS DEVELOPMENT
11TIN KAIN PAMELA C. MEYER CHRIS FIELDING ECONOMIC RESOURCES
DONALD E. INKS
RE: Tax Abatement for The Tower at Washington LLC
April 8, 2014
Page 2
The total taxes to be abated during the four year tern are estimated at $30,658. Total taxes to be
paid during the four -year term are estimated at $1,039, 485.
Our municipal city Code does not target service industries for tax abatements. Therefore, approval
of this request would be an exception to our Code as this is a service business. The NAIC code for
this business is for real estate rental.
EMPLOYMENT IMPACT
Per the petition, it is estimated that the project will create 1 new, permanent full -time position with a
payroll of $40,000. The project will retain 18 employees with a payroll of approximately $630.000.
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted finds that the petitioner has not been granted
any previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be properly
zoned for the proposed project.
3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for a four -year real property tax abatement under Section 2 -84, Council's
Authority to Enlarge Real Property Tax Abatement General Standards. .
IR
0098
N
y�l
M
m t�0 V^
v_Nap
} N 100 CnD
v_rnv
000
MV N
n M O
a•
rx
}I
p
N ro V
N R
Z yl
d
h
NM
00���
(V O I�
M
An
_
Q
a m �M
Mr(D
N7,
P
o N 0 0 0 0
n
o
O N W
ry 0 0
X V
MaNfO
N
'I OLq m
M
V O(+M1_
r�N
F«
m
N m O
N
} N O N O
C6 Lfi
am V m
N
MAN
Nt+r1 t�0
Q
�mOM
N r r N
N N
0
O
M
pM V
a O O
CN]
h M N
^ N
c m%
Z
fO�J M M
N
O NO
�} NNhN
M
anDMh
NN
NI
Ems~
NCO SON
O
? O) W a
t0
N N
IIVV N
t^O�t^O t^O
r
w�
00
-Cb
(mJ N
N N N N
O
L
.Q N
w
�
3 �
c
ti m
5 o 0 o
O 0 0
m h M
N
N y d
y
o a
M
cl v Ln
cn .n
Z 'o m
LA �
00 n
E
O
W N
M
K
N N
W M
(^O
O
m
4-j
Q
4 x
� m
c
U)
N ]
m N
x
t ~la
M
9
F
c
Nro�
°r
N m
n n n
nj
O
mm
Lx 1-
n
O
c
o
fN0 m
W
o m
rn rnrnrn
t
Co
Qh
N
mo
m
^
N
:? m
j
b V
0 O
c
U
m
m m
E-
a
�>
ya`.
Z a
o�
o w
m
an d
cm
vi o
t°-
m y
x
N
C W
0
H U W
y^
O 70
m
y 7
y
>
O m
v
nm
a
U
16
y
7 j
y
6 N
m
c
V
d
x
x
Y d
v
m� >Em
f-c
Um
ov
2
g x
m
y y y Q Q
m C
X
m H
Y J CO
Q
QQy3z
m
c Q Z
a`�
m
Fvz
CO
f
W
E
y Uy
o
}
N
y
Um�
O y
Q C'�J�
2
U
y_
t7
211 W Washington St,. South Bend, IN 46601 Directions, Location and Map I MapQuest page 1 of 1
Mmapquest-
Map of:
211 W Washington St
South Bend, IN 46601 -1701
condition or route usability. You assume all risk o! use. VIewrTerms of Use Terms of Use. We make no guarantee Of the eaurery of their content, toed
City of South Bend
ouT',•aQ
Petition for Incentives
�0q
rA
,
Petltlan mustladudea$25gJflingfeepayabk to the CityCkrk's oJgcebLforeprocessingcan be complete
"aa
General Information Project Name Project
gel n•me•r•glsteredvAdr Secretaryof 'I-n2 "Tower- af 7!h ✓1 vCiP
`
!—
RUSUIO sstmct" _
i ✓li r a l7; r t b>'ia rl
canpany"hihe.
Proposed Project Information
Propowd Prolectaddresa / / ,�/ / Parmtmmpany name
atp,state,Zw
T %,1 ed 4o
`e"'aa a
eT,de, IJ/ur
aF ,
gk acreage or acreage required
is the mat estate ~ad or
Square feetoffadlity n 5h0,0042
I /leased bYVdlom
Primary Contact information
Orlmaryeompanycontact"me
-Pet% e
Title �7 G
Addressaftomparrycdntact `''t
fH3
� fs- 6990
6 /Q Lty,state, Zip
/
a;jAk �S J
Senior Official information
Company samorofildal name i C l4( 0 ry
Tide
Address OfcomParrymnottllfdiffeentfrom yut�t� it Vl°n
Phone
OOGJJ. 7korla
tJry, State. AP pr. /y ? r / //L
maa ;,,,e legdv
141red bunnms ronsultam/aeeWt a
Comiumtt release fl' /to
Address
Local e omonic development partners
Oty, State, zip
Email
Project Overview
erWrIesaiptlonafyour
company, rrismaett,ryfor rythe
properryhnecasary /or
1
QP j'ks naYQ'n %"t1
^ /
ecomomicgroxM
-'
'inCwJJdr�,y c�Pya�ii ��mhrT� !7Pur<11�i
• 6t' *�'��c��♦
/
lP-�: /�6', O-
1
a
�� k�f�NcN(
e.tn��n1>7 -�C�i [°r NCGQ +✓btt
0 CS �lv's_ J 5lut�e�'c CQ ue�� W,
U
i��L�gh�gG�
rtlflad Technology Park appropriate
Community Revitalization Enhancement
C•rtay, that the Building permit has not been
Y
Numbprol reddandal Ypttt.ttettM_by
O
dth6lsa pe[Itlon lar personal property taa abatement, has
the W t lnstaikd
NO
,(ccWQ(-
PM
Coin
:YW S
2014
2015
2016
2017
2018
2019
2020
2021
Cumuladve*oftlet Ewwfidltlme
permanentlobsaatedatprojat
Hourlyaveraeewage,w /o Total training
benefits a bonuses, of expendhwe-
cumulad"natnewjobs not
cumuladve
Total* tobe
trained -"rot
cumulative
2014
2025
2016
2017
2018
2019
2020
2021
2022
2023
2024
2026
Poli lime
partunte
Laborers
I Y
Technical
71
Man riat
Ad inhaative
Who
MI ,
�"yY'IMMUMMAINME
Ooesymcwnpanyhave an EEOfddng poligR
Areyou an EEO employer?
ye„
the last three
Full-Time
Permanent Indiana-Resident
Positions
by Calendar Year
CsladarYm jobsrehtned
Totalhourty,
won {Bw /o
fringa or
bonuses
Cumuladve*oftlet Ewwfidltlme
permanentlobsaatedatprojat
Hourlyaveraeewage,w /o Total training
benefits a bonuses, of expendhwe-
cumulad"natnewjobs not
cumuladve
Total* tobe
trained -"rot
cumulative
2014
2025
2016
2017
2018
2019
2020
2021
2022
2023
2024
2026
Poli lime
partunte
Laborers
Technical
71
Man riat
Ad inhaative
Who
W Whe l6di%ildual r or 00araftanng
wgdfto on reaufflng?
MM
Ooesymcwnpanyhave an EEOfddng poligR
Areyou an EEO employer?
ye„
the last three
Years:
Measede itieyourconrlmitmentto
diversityand Brcuslon by detallingym
okwad and reawonat of or for the Ian
three gars as wen esarrent pollces.
Full TIM
Black
part Tiae
NOTIM
PertTnne
NITIM
part Tnne
Hispardc
Aslan
Indian
Fetnak
Other
01 (Q Y14
1) How do I pay my petition Filing fee?
Yourpetition filing fee can be paid either in person or via mail to:
City Clerk's Office
Attn: Deputy City Clerk
227 West Jefferson Blvd.. Suite 400 S
South Bend, Indiana 46601
2) Certified Technology Park appropriate? (Page one, under project overview)
In the South Bend area there are only two Certified Technology Parks, Innovation Park and Ignition
Park. If your property is not located in either then the answer would be no.
3) Community Revitalization Enhancement District? (Page one, under project overview)
The map below outlines the CRED area, please check to see if you fall within the boundaries.
`
CREeD District
Boundary
�,
G�
foN
�HU, eb,r
q p ,
U JCR'
ralwM
amnwn
rui
Oar
S+mpw
a
`
�,
G�
lOru40n
5'uY
i
a
j
adrrn.'ny
QcxY.uu.•.Kr
7
rwwra �
F.
.mm r-
r
/`1
4) Has any 504 funding been received? (Page one, under investment details)
504 Funding is a loan that comefrom the Small Business Administration. Thisfunding must be applied
for to be received.
5) Total training expenditure - not cumulative (Page two, under Cull time Indiana resident positions)
The amount of money to be spentper year on training over the course of the project.
6) Total number to be trained - not cumulative (Page two, under full time Indiana resident positions)
The amount of people that you will train per year over the length of the project.
If you have any additional questions that are not addressed by this document, please contact Sarah Hein tzelmann -i th� e
Deparhnentof Community nvestmentat574. 235 .5842or email atsheintzeaouthb . r- --�' - "1, .
Red In Clerk S i
n7 2x14 [F
rtwt3E
1
BEND, I!?
CITY C't- RKI SOUTH
Complete below f♦ or I
Please sign for 1
Public Benefit Item:
information is required on both the conitruction companies and the
companies which will provide materials purchased for this project.
Please complete the table below with the appropriate Information. If
you qualify for the points, please enter the full amount of available
points.
(yeesuoo�No)
Earned Points
Available Polo ts
1
Construction Related (Contractorsl:
A.
Employ Local Companies (75%)
Y
20
B.
Purchase Materials from Local Companies (75%)
Y
20
C.
Require Employees vs. Independent Contractors
19
D.
Require . Prevailing Wage (Davis Bacon)
22
E.
Require Health Benefits
22
F.
Require Pension Benefits
18
G.
Maintain Affirmative Action Plan
Y
r
20
Sub -total Construction Related:
0
141
2
Wage & Benefit Related (Dwneri:
A.
Pay Target Wage Levels
33
6.
Provide Health Benefits
y
34
C.
Provide Pension Benefits
N
29
D.
Provide Training
28
E.
Provide Child Care
i5
F.
Provide Transportation Assistance
14
G.
Provide Employer Assisted Housing program
9
Sub -total Wage & Benefit Related:
0
162
3
Woridorce Reated•
A.
Create New Jobs
42
B.
Retain Exisfng.lobs
y
61
C.
Maintain Affirmative Action Plan
35
D.
Provide Targeted Hiring Preference
34
Sub -total Worldarce Related:
0
152
4
Support a Municipal Facility:
A.
Support a 58 Municipal Facility (donations to the
zoo, conservatory, museum, etc.)
84
Name of Facility
Sub total Municipal Facility:
84
Sub- totaifrom Above: 1
0
539
The undersigned owner(s) of real property, located within the City of South Bend, herby petition the Common Council of the City
of South Bend for a real and /or personal property tax abatement consideration and pursuant to I.C., 6.1.1- 12.1 -1, !L "e., and
South Bertd Munic)pallCofle Sec. 2 -76 at see.. for this petition state the above.
'
,�4�ypU7Ny V
) �'
rvacc . J;);--'I
v fit.
CITY OF SOUTH BEND
Filed In Via: ,le^W
zu1v
JONAf FOtJRDE
CITY CLERK, SOUTH SEND, IN
ECONOMIC INTEREST BACKGROUND QUESTIONNAIRE
Your Full Name
Your Emai A,rtdr7
it vldi.
/
/t�rdat al�Qn�Vr �. Co;n
Your Work Telephone,
71S r - JOC
our Mobile "relephone:
/7) bgo -/SEA/
Your Employer's Name r/ /
rolCtS A MkY�f7 /S , LLr
Your Employer's Address 5- N y y 7 yh
Nature of Your Employer's Business le Q /
Your Social Security number
053.,yo_gz�3
Have you ever been convicted of a felony or misdemeanor?
If Yes, please list the date, place, nature and disposition of each:
Yes El NoEl
State the name of any person(s) or business entity(ies) with which you intend to partner or work with on the intended project in which
you are currently in discussi n wi-th the City of Southall y7 � a P -- -
Have you or any business owned by you ever filed bankruptcy? if yes, please state date and venue.
Provide any additional information you would like to disclose below or on an attached sheet
or check None if there is no other additional information you would like to disclose.
NoneO
I AFFIRM U E HE PENALTIES FOR PERJURY THAT MY STATEMENTS ARE TRUE AND ACCURATE TO THE
BEST OF M KN LED E.
G/ 7
Signaure Date
PLEASE SIGN, DATE, AND RETURN THIS COMPLETED FORM VIA E -MAIL TO:
Chris Fielding - Assistant Executive Director - Community Investment
cfieldin(a,southbendin.¢ov
(574) 235 -5822
What is the current assessed value?
Real Property:
Qe� �`
t
Personal Property:
what Is the projected assess value?
assessed
Real Property:
Personal Property:
What Is the tax key number for this project?
What Is the six digit MICS code?
Please attach a Google map and street view of the location.
Please list the amount of real and personal Propertynxes
Paid for the last five Vears when applltable.
RNIPrcpertilTaxes:
personal Property Taxes:
Year One
�Q ,
Year Two
Year Thrx
c0
Year Four
Year FWe
IUD, vVD
STATEMENT OF BENEFITS
REAL ESTATE IMPROVEMENTS
State Form 61797 (R4 12 -13)
Prescribed by the Department of Local Government Finance
This statement is being completed for real property that qualities under the following
9 Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.14)
❑ Residentially distressed area (IC 6- 1.142.1 -4.1)
I l �7 6�ep oLE in ^�sBp &saa p� rR1 :.. €'.
20_- PAY 20_
RM S -11 Real Property
ISM CYNOTICE
castand ysfiftscindividual's
ry inform lion d confidential; the
baFmm d Ring is public recrord
1. 2.1.5 1(0) and (d).
INSTRUCTIONS.
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing tribe designating body requires
. information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this stalemammust be
submitted to the designating body BEFORE the redevelopment orrehabiliitatton ofrea /properly for which the person wishes to claim a deduction.
Projects "planned a c ,Vted to atterJuly i. 1987. and areas designated after hily 1, 1987, require a STATEMENTOF BENEFITS. (IC 6-1.1 -12.1)
2. Approval of the designa6ngbody (City Council, Tovm Board, County Council, etc.) must be obtained priorto Initiation orthe redevelopment or
rehab9aaaon, BEFORE a deduction may be approved
3. 7b obtain a deduction, a Form 3221RE must be filed with the County Auddorbefore May 10 in the year in which the addition to assessed valuation Is
made or not later than thirty (30) days afterthe assessment notice is mailed to the property ownerif it was mailed afterApol 10. If the property owner
misses the May 10 deadline in the 1nrTal yearof occupation, he can apply between March 1 and May 10 of a subsequent year.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF- !)Real Property annually to the application to
show compliance with the Statement of Benefits. (IC 6- 1.1- 12.15.1(b) and IC 6i. 1- 12.1- 5.3g)J.
5. The schedules established under IC 6.1.1- 12.1.4(d) for rehabilitated property apply to any economic re vitalization areas designated after June 30, 2000,
unless an altemative deduction schedule is adopted by the designating body (IC 61.1- 12.1 -17). The schedules effective prior to July 1, 2000, shall
continue to apply to economic revitalization areas designated before July 1, 2000,
Code fieck one box)
iol*! 1:10 E
CITY CL4EPK, 60 H 8
51:U11:1.11
TAXPAYER INFORMATION
Nomeo(texpp V
yer / +
tNP T0Wt k'l aikt)
/
e4
ifn
Address of taxpayer tnumberand street. city. slat. anidZiPcocrat
Name ofcomacct person
A1�re ai ly'�y1 %Q 7F
Telephone number
(1" -)r'�j Z�'�''G 00-1)
E- nraileddrjs�s
yjaiIIFi/�jTPrA'P /N
SECTION 2
Name of dasignatlnit body
LOCATION
D DESCRIPTION OF •.•.
RosoNton number
Location 01 property
1 W- Ala-it
14ed
Ceunty
(� leis ld
OLGF taxing diSida number
Descupbon of real property improvements, redevelopment.
or renaollilavon (use addiaaral shoats dnecessary
Esdmaled wart tlale (mcrkh. day year)
Estimated comget d-date(month, day. year)
Current number
Estimated solid waste converted (pounds) I Estimated hazardous waste converted (pounds)
0. eCTI
ecode
6r44-g' J UH
U clews 8oC' 1 M,l�tt. 1, Q
-,. -j
I hereby certify that the reResentat)pns in this statement are true.
day. year)
Page 1 of 2
FOR USE OF THE DESIGNATING :..
We find that the applicant meals the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed
under IC 6 -1.1 -12.1, provides for the following limitations:
A. The designated area has been limited to a period of time not to exceed calendar years` (see below). The date this designation
expires is
B. The type of deduction that is allowed In the designated area Is limited lc:
1. Redevelopment or rehabilitation of real estate Improvements CII Yes ❑ No
2. Residentially distressed areas ❑Yes ONO
C. The amount of the deduction applicable is limited to $
D. Other limitations or conditions (speci/y)
E. The deduction Is allowed for . years- (zee below).
F. Did the designating body adopt an alternative deduction schedule per IC 6 -1.1. 12,1 -177 ❑ Yes I] No
If yes, attach a copy of the alternative deduction schedule to this form.
We have also reviewed the information contained in the statement of benefits and rind that the estimates and expectations are reasonable and have
determined that the totality of benefits Is sufficient to justify the deduction described above.
Approved (signature and Nlle orauffiodzed member of designating body!
Telephone number
Datesgned(month. day. year)
Aaested by (signature and title ofattesied
Dcs"tsd body
If the designating body limits the time period during which an area Is an economic revitalization area, it does not limit the length of time a taxpayer is
entitled to receive a deduction to a number of years designated under IC 64.1 - 12.14.
A. For residentially distressed areas, the deduction period may not exceed five (5) years.
B. For redevelopment and rehabilitation or real estate improvements:
1, If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years.
2. If the Economic Revitalization Area was designated after June 30, 2000. and is not in a residentially distressed area, the deduction
period may not
exceed ten (10) years.
f.'
Page 2 of 2
03- l't�iL
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, APPROVING ISSUANCE OF BONDS
OF THE SOUTH BEND REDEVELOPMENT DISTRICT
WHEREAS, the South Bend Redevelopment Commission (the "Commission ") has
adopted a resolution (the form of which is attached hereto as Exhibit A ) authorizing the issuance
of bonds of the South Bend Redevelopment District (the "District') in an aggregate principal
amount not to exceed $3,700,000 (the "Bonds "), to provide funds to pay for all or a portion of
the costs of refunding those certain South Bend Redevelopment District Special Taxing District
Bonds of 2002 (the "Refunding "); and
WHEREAS, the Common Council of the City of South Bend, Indiana (the "City ") now
desires to approve the issuance of the Bonds as required under Indiana Code 6- 1.1 -17 -20.5 and
Indiana Code 36- 7- 14- 25.1(p);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION 1. The Common Council hereby approves of the issuance of the Bonds of the
District to finance the Refunding, in an aggregate principal amount not to exceed $3,700,000,
pursuant to Indiana Code 6- 1.1 -17 -20.5 and Indiana Code 36- 7- 14- 25.1(p).
SECTION 2. This Resolution shall be in full force and effect from and after its passage
by the Common Council and compliance with law.
SOUTH BEND COMMON COUNCIL
C ,,� 3 �
Member of Common Council
-�vF and
SBDS02 4492300
PRESENTED
EXHIBIT A
REDEVELOPMENT COMMISSION RESOLUTION
2
Filed 'Kn.
Aice
fi
CITY CLEp� P',jo.;
aEK0, IN
RESOLUTION NO.
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT
COMMISSION AUTHORIZING THE ISSUANCE OF BONDS FOR THE
PURPOSE OF PROVIDING FUNDS TO BE APPLIED TO PAY FOR THE
REFUNDING OF CERTAIN OUTSTANDING SOUTH BEND
REDEVELOPMENT DISTRICT SPECIAL TAXING DISTRICT BONDS
OF 2002 AND TO PAY INCIDENTAL EXPENSES IN CONNECTION
THEREWITH AND ON ACCOUNT OF THE ISSUANCE OF THE
BONDS, AND APPROPRIATING THE PROCEEDS THEREOF
WHEREAS, within the City of South Bend, Indiana, a governmental unit and political
subdivision of the State (the "City "), there is created the South Bend Redevelopment District (the
"District'), governed by the South Bend Redevelopment Commission (the "Commission "); and
WHEREAS, pursuant to I.C. 36 -7 -14 and I.C. 36 -7 -25 (collectively, the "Act'), the
District has previously issued the South Bend Redevelopment District Special Taxing District
Bonds of 2002 (the "Prior Bonds "), outstanding in the aggregate principal amount of $3,405,000;
and
WHEREAS, the Act authorizes the Commission to issue bonds of the District, in the
name of the City, in anticipation of revenues of the District; and
WHEREAS, the Commission deems it advisable to issue the "South Bend
Redevelopment District Special Taxing District Refunding Bonds of 2014" (the "2014 Bonds ")
(or such other designation as the President of the Commission shall approve) in original principal
amount not to exceed Three Million Seven Hundred Thousand Dollars ($3,700,000) (the
"Authorized Amount") for the purpose of providing funds to pay for all or a portion of the costs
of (i) refunding all of the outstanding Prior Bonds, including the payment of any redemption
premiums and costs of refunding and the payment of accrued interest on such refunding bonds
(the "Refunding "), (ii) the funding of a debt service reserve and/or surety to secure the payment
of the 2014 Bonds, and (iii) the costs of selling and issuing the 2014 Bonds; and
WHEREAS, it would be of public utility and benefit and in the best interests of the
District and its citizens to pay the costs of the Refunding and of the sale and issuance of the 2014
Bonds, which will provide special benefits to property owners in the District; and
WHEREAS, the amount of proceeds of the 2014 Bonds allocated to pay costs of the
Refunding, together with estimated investment earnings thereon, does not exceed the cost of the
Refunding as estimated by the Commission; and
WHEREAS, under the governing statutes it is necessary to make an appropriation to pay
items to be financed with the 2014 Bonds, and it has been determined that said appropriation be
made at this time; and
WHEREAS, notice has been given and this date a public hearing has been conducted
regarding such appropriation, as required by Indiana law; and
WHEREAS, all conditions precedent to the adoption of a resolution authorizing the
issuance of the 2014 Bonds have been complied with in accordance with the applicable
provisions of the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE DISTRICT, AS
FOLLOWS:
SECTION 1. Authorization for Bonds. In order to provide financing for the Refunding
as described above and the costs of selling and issuing the 2014 Bonds, the District shall borrow
money, and the City, acting for and on behalf of the District, shall issue the 2014 Bonds as herein
authorized.
SECTION 2. Appropriation of Bond Proceeds. The Commission hereby appropriates a
sum not to exceed Three Million Seven Hundred Thousand Dollars ($3,700,000), out of the
proceeds of the 2014 Bonds, together with an estimated Fifty Thousand Dollars ($50,000) in
investment earnings thereon, for the use of the Commission in paying the costs of the Refunding.
Such appropriation shall be in addition to all appropriations provided for in the existing budget
and levy, and shall continue in effect until the completion of the Refunding. Any surplus of such
proceeds shall be credited to the proper fund as provided by law. All actions previously taken in
connection with such appropriation, including publication of the notice of the public hearing, be,
and hereby are, ratified and approved. A certified copy of this resolution, together with such
other proceedings and actions as may be necessary, shall be filed by the Controller of the City
(the "Controller "), along with a report of the appropriation, with the Indiana Department of Local
Government Finance.
SECTION 3. General Terms of Bonds.
(a) Issuance of 2014 Bonds. In order to procure said loan for such purposes,
the Commission hereby authorizes the issuance of the 2014 Bonds, in one or more series, as
described herein. The Controller is hereby authorized and directed to have prepared and to issue
and sell the 2014 Bonds as negotiable, fully registered bonds of the District in an amount not to
exceed the Authorized Amount.
The 2014 Bonds shall be signed in the name of the City, acting for and on behalf of the
District, by the manual or facsimile signature of the Mayor or Deputy Mayor of the City (the
"Mayor ") and attested by the manual or facsimile signature of the Controller, who shall affix the
seal of the City to each of the 2014 Bonds manually or shall have the seal imprinted or impressed
thereon by facsimile or other means. In case any officer whose signature or facsimile signature
appears on the 2014 Bonds shall cease to be such officer before the delivery of 2014 Bonds, such
signature shall nevertheless be valid and sufficient for all purposes as if such officer had
remained in office until delivery thereof. The 2014 Bonds also shall be, and will not be valid or
become obligatory for any purpose or entitled to any benefit under this resolution unless and
until, authenticated by the manual signature of the Registrar (as defined in Section 5 hereof).
2
The 2014 Bonds shall be numbered consecutively from R -1 upward, shall be issued in
denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof, shall be
originally dated as of the first day of the month in which the 2014 Bonds are sold or as of the
date of issuance of the 2014 Bonds, and shall bear interest payable semi - annually on each
January 1 and July 1 beginning on a date determined by the President of the Commission at the
time of the sale of the 2014 Bonds, at a rate or rates not exceeding six percent (6 %) per annum
(the exact rate or rates to be determined by negotiation), calculated on the basis of a 360 -day year
comprised of twelve 30 -day months. The 2014 Bonds may be sold at a price not less than 98%
of the par value thereof. The 2014 Bonds shall mature serially on the dates determined by the
President of the Commission at the time of the sale of the 2014 Bonds, over a period ending no
later than January 1, 2022, each serial maturity to be in such principal amount as determined by
the President of Commission, with the advice of the Commission's financial advisor.
All or a portion of the 2014 Bonds may be aggregated into and issued as one or more
term bonds. The term bonds will be subject to mandatory sinking fund redemption with sinking
fund payments and final maturities corresponding to the serial maturities described above.
Sinking fund payments shall be applied to retire a portion of the term bonds as though it were a
redemption of serial bonds, and, if more than one term bond of any maturity is outstanding,
redemption of such maturity shall be made by lot. Sinking fund redemption payments shall be
made in a principal amount equal to such serial maturities, plus accrued interest to the
redemption date, but without premium or penalty. For all purposes of this resolution, such
mandatory sinking fund redemption payments shall be deemed to be required payments of
principal which mature on the date of such sinking fund payments. Appropriate changes shall be
made in the definitive form of 2014 Bonds, relative to the form of 2014 Bonds contained in this
resolution, to reflect any mandatory sinking fund redemption terms.
(b) Source of Payment. The 2014 Bonds are, as to both principal thereof and
interest thereon, obligations of the District as a special taxing district, payable from special ad
valorem property taxes on all taxable property within the District pursuant to Ind. Code 36 -7 -14-
27 (the "Special Tax ") to the extent other revenues of the Commission or available to the
Commission are not sufficient for such purpose as describe in Section 9 hereof. The
Commission hereby finds and determines that it reasonably expects to pay principal of and
interest on the 2014 Bonds from funds other than the Special Tax, including but not limited to
tax increment revenues generated in the District and properly applied to the payment of the
principal of and interest on the 2014 Bonds.
(c) Payments. All payments of interest on the 2014 Bonds shall be paid by
check mailed one business day prior to the interest payment date to the registered owners thereof
as of the fifteenth day of the month immediately preceding the interest payment date (the
"Record Date ") at the addresses as they appear on the registration and transfer books of the
Commission kept for that purpose by the Registrar (the "Registration Record ") or at such other
address as is provided to the Paying Agent (as defined in Section 5 hereof) in writing by such
registered owner. Each registered owner of One Million Dollars ($1,000,000) or more in
principal amount of 2014 Bonds shall be entitled to receive interest payments by wire transfer by
providing written wire instructions to the Paying Agent before the Record Date for such
payment. All principal payments and premium payments, if any, on the 2014 Bonds shall be
made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or
Rl
currency which on the date of such payment shall be legal tender for the payment of public and
private debts, or in the case of a registered owner of $1,000,000 or more in principal amount of
2014 Bonds, by wire transfer on the due date upon written direction of such owner provided at
least fifteen (15) days prior to the maturity date or redemption date.
Interest on 2014 Bonds shall be payable from the interest payment date to which interest
has been paid next preceding the authentication date thereof unless such 2014 Bonds are
authenticated after the Record Date for an interest payment and on or before such interest
payment date in which case they shall bear interest from such interest payment date, or unless
authenticated on or before the Record Date for the first interest payment date, in which case they
shall bear interest from the original date, until the principal shall be fully paid.
(d) Transfer and Exchange. Each 2014 Bond shall be transferable or
exchangeable only upon the Registration Record, by the registered owner thereof in writing, or
by the registered owner's attorney duly authorized in writing, upon surrender of such 2014 Bond
together with a written instrument of transfer or exchange satisfactory to the Registrar duly
executed by the registered owner or such attorney, and thereupon a new fully registered 2014
Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be
executed and delivered in the name of the transferee or transferees or the registered owner, as the
case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the
Commission, except for any tax or governmental charges required to be paid in connection
therewith, which shall be payable by the person requesting such transfer or exchange. The City,
the Commission, the Registrar and the Paying Agent may treat and consider the persons in whose
names such 2014 Bonds are registered as the absolute owners thereof for all purposes including
for the purpose of receiving payment of, or on account of, the principal thereof and interest and
premium, if any, due thereon.
(e) Mutilated, Lost, Stolen or Destroyed Bonds. In the event any 2014 Bond
is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a
new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed,
which new bond shall be marked in a manner to distinguish it from the bond for which it was
issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be
surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be
first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the
Controller and the Registrar, together with indemnity satisfactory to them. In the event any such
bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may,
upon receiving indemnity satisfactory to them, pay the same without surrender thereof. The City
and the Registrar may charge the owner of such 2014 Bond with their reasonable fees and
expenses in this connection. Any 2014 Bond issued pursuant to this paragraph shall be deemed
an original, substitute contractual obligation of the City, acting for and on behalf of the District,
whether or not the lost, stolen or destroyed 2014 Bond shall be found at any time, and shall be
entitled to all the benefits of this resolution, equally and proportionately with any and all other
2014 Bonds issued hereunder.
SECTION 4. .Terms of Redemption. The 2014 Bonds are not subject to optional
redemption.
M
As set forth above, all or a portion of the 2014 Bonds may be aggregated into and issued as one
or more term bonds. The President of the Commission, with the advice of the Commission's
financial advisor, is hereby authorized and directed to determine the terms governing any such
redemption, and such terms shall be evidenced by delivery of the form of the 2014 Bonds to the
Controller.
Notice of redemption shall be mailed by first -class mail to the address of each registered owner
of a 2014 Bond to be redeemed as shown on the Registration Record not more than sixty (60)
days and not less than thirty (30) days prior to the date fixed for redemption except to the extent
such redemption notice is waived by owners of 2014 Bonds redeemed, provided, however, that
failure to give such notice by mailing, or any defect therein, with respect to any 2014 Bond shall
not affect the validity of any proceedings for the redemption of any other 2014 Bonds. The
notice shall specify the date and place of redemption, the redemption price and the CUSIP
numbers, if any, of the 2014 Bonds called for redemption. The place of redemption may be
determined by the Commission. Interest on the 2014 Bonds so called for redemption shall cease
on the redemption date fixed in such notice if sufficient funds are available at the place of
redemption to pay the redemption price on the date so named, and thereafter, such 2014 Bonds
shall no longer be protected by this resolution and shall not be deemed to be outstanding
hereunder, and the holders thereof shall have the right only to receive the redemption price.
All 2014 Bonds which have been redeemed shall be canceled and shall not be reissued;
provided, however, that one or more new registered bonds shall be issued for the unredeemed
portion of any 2014 Bond without charge to the holder thereof.
No later than the date fixed for redemption, funds shall be deposited with the Paying
Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply
such funds to the payment of, the 2014 Bonds or portions thereof called for redemption,
including accrued interest thereon to the redemption date. No payment shall be made upon any
2014 Bond or portion thereof called for redemption until such bond shall have been delivered for
payment or cancellation or the Registrar shall have received the items required by. this resolution
with respect to any mutilated, lost, stolen or destroyed bond.
SECTION 5. Appointment of Registrar and Paying Agent. The Controller is hereby
appointed to serve as registrar and paying agent or to appoint a registrar and paying agent for the
2014 Bonds (together with any successor, the "Registrar" or "Paying Agent "). The Registrar is
hereby charged with the responsibility of authenticating the 2014 Bonds, and shall keep and
maintain the Registration Record at its office. The Controller is hereby authorized to enter into
such agreements or understandings with an institution as will enable the institution to perform
the services required of the Registrar and Paying Agent. The Controller is authorized to pay
such fees as an institution may charge for the services it provides as Registrar and Paying Agent.
The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by
giving thirty (30) days written notice to the Commission and to each registered owner of the
2014 Bonds then outstanding, and such resignation will take effect at the end of such thirty (30)
days or upon the earlier appointment of a successor Registrar and Paying Agent by the
Commission. Such notice to the Commission may be served personally or be sent by first -class
or registered mail. The Registrar and Paying Agent may be removed at anytime as Registrar and
5
Paying Agent by the Commission, in which event the Commission may appoint a successor
Registrar and Paying Agent. The Commission shall notify each registered owner of the 2014
Bonds then outstanding of the removal of the Registrar and Paying Agent. Notices to registered
owners of the 2014 Bonds shall be deemed to be given when mailed by first -class mail to the
addresses of such registered owners as they appear on the Registration Record. Any predecessor
Registrar and Paying Agent shall deliver all the 2014 Bonds, cash and investments related
thereto in its possession and the Registration Record to the successor Registrar and Paying
Agent. At all times, the same entity shall serve as Registrar and as Paying Agent.
SECTION 6. Form of Bonds. The form and tenor of the 2014 Bonds shall be
substantially as follows, all blanks to be filled in properly and all necessary additions and
deletions to be made prior to delivery thereof:
STATE OF INDIANA
m
UNITED STATES OF AMERICA
COUNTY OF ST. JOSEPH
SOUTH BEND REDEVELOPMENT DISTRICT
SPECIAL TAXING DISTRICT REFUNDING BONDS OF 2014
Maturity Interest Original
Date Rate Date
REGISTERED OWNER:
PRINCIPAL SUM:
Authentication
Date CUSIP
Dollars ($
The City of South Bend, Indiana (the "City "), acting for and on behalf of the South Bend
Redevelopment District, for value received, hereby promises to pay to the Registered Owner set
forth above, the Principal Sum set forth above on the Maturity Date set forth above (unless this
bond is subject to and is called for redemption prior to maturity as hereafter provided), and to
pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum
specified above from the interest payment date to which interest has been paid next preceding the
Authentication Date of this bond unless this bond is authenticated after the fifteen day of the
month immediately preceding the interest payment date (the "Record Date ") and on or before
such interest payment date in which case it shall bear interest from such interest payment date, or
unless this bond is authenticated on or before [January/July] 1, 20 shall 'bear
which case it shal bear
interest from the Original Date, which interest is payable semi - annu_ ally on January 1 and July 1
of each year, beginning on [January/July] 1, 20 . Interest shall be calculated on the basis of a
360 -day year comprised of twelve 30 -day months.
The principal of and premium, if any, on this bond are payable at the principal office of
(the "Registrar" or "Paying Agent'), in , Indiana. All
0
payments of interest on this bond shall be paid by check mailed one business day prior to the
interest payment date to the Registered Owner as of the Record Date at the address as it appears
on the registration books kept by the Registrar or at such other address as is provided to the
Paying Agent in writing by the Registered Owner. All payments of principal of and premium, if
any, on this bond shall be made upon surrender thereof at the principal office of the Paying
Agent in any U.S. coin or currency which on the date of such payment shall be legal tender for
the payment of public and private debts, or.in the case of a registered owner of $1,000,000 or
more in principal amount of bonds, by wire transfer on the due date upon written direction of
such owner provided at least fifteen (15) days prior to the maturity date or redemption date.
This bond is one of an authorized issue of bonds of the District of like original date, tenor
and effect, except as to denomination, numbering, interest rates, redemption terms and dates of
maturity, in the total amount of Dollars ($ ), numbered
consecutively from R -1 upward, issued for the purpose of providing funds to refund certain
outstanding bonds of the District, and for the purpose of paying incidental expenses to be
incurred in connection therewith and on account of the sale and issuance of bonds therefor, as
authorized by Resolution No. (the "Resolution ") adopted by the South Bend
Redevelopment Commission (the "Commission ") on the 24`s day of April, 2014, entitled
"Resolution of the South Bend Redevelopment Commission Authorizing Issuance of Bonds for
the Purpose of Providing Funds to be Applied to Pay for the Refunding of Certain Outstanding
South Bend Redevelopment District Special Taxing District Bonds of 2002 and to Pay Incidental
Expenses in Connection Therewith and on Account of the Issuance of the Bonds, and
Appropriating the Proceeds Thereof' (the "Resolution "), and in accordance with the provisions
of Indiana law, including without limitation Indiana Code 36 -7 -14, Indiana Code 36 -7 -25 and
other applicable laws, as amended (collectively, the "Act "), all as more particularly described in
the Resolution. The owner of this bond, by the acceptance hereof, agrees to all the terms and
provisions contained in the Resolution and the Act.
Pursuant to the provisions of the Act and the Resolution, the principal of and interest on
this bond and all other bonds of said issue are payable as an obligation of the South Bend
Redevelopment District, as a special taxing district, from a special ad valorem property tax to be
levied on all taxable property within the District to the extent other revenues of or available to
the Commission are not sufficient for such purpose. THIS BOND DOES NOT CONSTITUTE
A CORPORATE OBLIGATION OR INDEBTEDNESS OF THE CITY OF SOUTH BEND,
INDIANA, BUT IS AN INDEBTEDNESS OF THE SOUTH BEND REDEVELOPMENT
DISTRICT AS A SPECIAL TAXING DISTRICT. NEITHER THE FULL FAITH AND
CREDIT NOR THE TAXING POWER OF CITY OF SOUTH BEND, INDIANA IS PLEDGED
TO PAY THE INTEREST OR PREMIUM ON OR THE PRINCIPAL OF THIS BOND.
[INSERT MANDATORY REDEMPTION TERMS]
Notice of such redemption shall be mailed by first -class mail not more than sixty (60)
days and not less than thirty (30) days prior to the date fixed for redemption to the address of the
registered owner of each bond to be redeemed as shown on the registration record of the
Commission except to the extent such redemption notice is waived by owners of the bond or
7
bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect
therein, with respect to any bond shall not affect the validity of any proceedings for the
redemption of any other bonds. The notice shall specify the date and place of redemption, the
redemption price and the CUSIP numbers of the bonds called for redemption. The place of
redemption may be determined by the Commission. Interest on the bonds so called for
redemption shall cease on the redemption date fixed in such notice if sufficient funds are
available at the place of redemption to pay the redemption price on the date so named, and
thereafter, such bonds shall no longer be protected by the Resolution and shall not be deemed to
be outstanding thereunder.
This bond is subject to defeasance prior to payment or redemption as provided in the
Resolution.
If this bond shall not be presented for payment or redemption on the date fixed therefor,
the Commission may deposit in trust with the Paying Agent or another paying agent, an amount
sufficient to pay such bond or the redemption price, as the case may be, and thereafter the
Registered Owner shall look only to the funds so deposited in trust for payment and the City
shall have no further obligation or liability in respect thereto.
This bond is transferable or exchangeable only upon the registration record kept for that
purpose at the office of the Registrar by the Registered Owner in person, or by the Registered
Owner's attorney duly authorized in writing, upon surrender of this bond together with a written
instrument of transfer or exchange satisfactory to the Registrar duly executed by the Registered
Owner or such attorney, and thereupon a new fully registered bond or bonds in the same
aggregate principal amount, and of the same maturity, shall be executed and delivered in the
name of the transferee or transferees or the Registered Owner, as the case may be, in exchange
therefor. The City, the Commission, any registrar and any paying agent for this bond may treat
and consider the person in whose name this bond is registered as the absolute owner hereof for
all purposes including for the purpose of receiving payment of, or on account of, the principal
hereof and interest and premium, if any, due hereon.
The bonds maturing on any maturity date are issuable only in the denomination of $5,000
or any integral multiple thereof.
[This bond has been designated as a qualified tax- exempt obligation for purposes of
Section 265(b)(3) of the Internal Revenue Code of 1986, as amended.]
[A Continuing Disclosure Contract from the Commission to each registered owner or
holder of any bond, dated as of the date of initial issuance of the bonds (the "Contract "), has been
executed by the Commission, a copy of which is available from the Commission and the terms of
which are incorporated herein by this reference. The Contract contains certain promises of the
Commission to each registered owner or holder of any bond, including a promise to provide
certain continuing disclosure. By its payment for and acceptance of this bond, the registered
owner or holder of this bond assents to the Contract and to the exchange of such payment and
acceptance for such promises.]
0
It is hereby certified and recited that all acts, conditions and things required to be done
precedent to and in the execution, issuance and delivery of this bond have been done and
performed in regular and due form as provided by law.
This bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been executed by an authorized representative of the Registrar.
IN WITNESS WHEREOF, the Redevelopment Commission of City of South Bend, State
of Indiana, has caused this bond to be executed in the name of such City, for and on behalf of the
Redevelopment District of said City, by the manual or facsimile signature of the Mayor, and
attested by manual or facsimile signature by the Controller of said City, and the seal of said City
or a facsimile thereof to be affixed, engraved, imprinted or otherwise reproduced hereon.
CITY OF SOUTH BEND, INDIANA
[Deputy] Mayor
(SEAL)
ATTEST:
Controller
It is hereby certified that this bond is one of the bonds described in the within- mentioned
Resolution duly authenticated by the Registrar.
go
as Registrar
Authorized Representative
The following abbreviations, when used in the inscription on the face of this bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN. COM. as tenants in common
TEN. ENT. as tenants by the entireties
JT. TEN, as joint tenants with right of survivorship and not as
tenants in common
UNIF. TRANS.
MIN. ACT Custodian
(Cust) (Minor)
under Uniform Transfers to Minors
(State)
Additional abbreviations may also be used although not in the
above list.
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
(Please Print or Typewrite Name and Address
and Social Security or Other Identifying Number) $ principal amount
(must be a multiple of $ of the within bond and all rights thereunder, and hereby
irrevocably constitutes and appoints , attorney to transfer the
within bond on the books kept for the registration thereof with full power of substitution in the
premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by NOTICE: The signature to this assignment
an eligible guarantor institution participating in must correspond with the name as it appears
a Securities Transfer Association recognized upon the face of the within bond in every
signature guarantee program. particular, without alteration or enlargement
or any change whatever.
(End of Form of 2014 Bond)
The 2014 Bonds may, in compliance with all applicable laws, initially be issued and held
in book -entry form on the books of the central depository system, The Depository Trust
Company, its successors, or any successor central depository system appointed by the
Commission from time to time (the "Clearing Agency "), without physical distribution of bonds
to the purchasers. The following provisions of this Section apply in such event.
One definitive 2014 Bond of each maturity shall be delivered to the Clearing Agency (or
its agent) and held in its custody. The City and the Registrar and Paying Agent may, in
connection therewith, do or perform or cause to be done or performed any acts or things not
adverse to the rights of the holders of the 2014 Bonds as are necessary or appropriate to
accomplish or recognize such book -entry form 2014 Bonds.
During any time that the 2014 Bonds remain and are held in book -entry form on the
books of a Clearing Agency, (1) any such 2014 Bond may be registered upon the Registration
Record in the name of such Clearing Agency, or any nominee thereof, including Cede & Co.; (2)
the Clearing Agency in whose name such 2014 Bond is so registered shall be, and the City, the
Commission and the Registrar and Paying Agent may deem and treat such Clearing Agency as,
the absolute owner and holder of such 2014 Bond for all purposes of this resolution, including,
10
without limitation, the receiving of payment of the principal of and interest and premium, if any,
on such 2014 Bond, the receiving of notice and the giving of consent; (3) neither the City or the
Commission nor the Registrar or Paying Agent shall have any responsibility or obligation
hereunder to any direct or indirect participant, within the meaning of Section 17(a) of the
Securities Exchange Act of 1933, as amended, of such Clearing Agency, or any person on behalf
of which, or otherwise in respect of which, any such participant holds any interest in any 2014
Bond, including, without limitation, any responsibility or obligation hereunder to maintain
accurate records of any interest in any 2014 Bond or any responsibility or obligation hereunder
with respect to the receiving of payment of principal of or interest or premium, if any, on any
2014 Bond, the receiving of notice or the giving of consent; and (4) the Clearing Agency is not
required to present any 2014 Bond called for partial redemption, if any, prior to receiving
payment so long as the Registrar and Paying Agent and the Clearing Agency have agreed to the
method for noting such partial redemption.
If either the Commission receives notice from the Clearing Agency which is currently the
registered owner of the 2014 Bonds to the effect that such Clearing Agency is unable or
unwilling to discharge its responsibility as a Clearing Agency for the 2014 Bonds, or the
Commission elects to discontinue its use of such Clearing Agency as a Clearing Agency for the
2014 Bonds, then the City, the Commission and the Registrar and Paying Agent each shall do or
perform or cause to be done or performed all acts or things, not adverse to the rights of the
holders of the 2014 Bonds, as are necessary or appropriate to discontinue use of such Clearing
Agency as a Clearing Agency for the 2014 Bonds and to transfer the ownership of each of the
2014 Bonds to such person or persons, including any other Clearing Agency, as the holders of
the 2014 Bonds may direct in accordance with this resolution. Any expenses of such
discontinuance and transfer, including expenses of printing new certificates to evidence the 2014
Bonds, shall be paid by the Commission.
During any time that the 2014 Bonds are held in book -entry form on the books of a
Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other
written representation from the Clearing Agency or any participant or indirect participant with
respect to the identity of any beneficial owner of 2014 Bonds as of a record date selected by the
Registrar. For purposes of determining whether the consent, advice, direction or demand of a
registered owner of a 2014 Bond has been obtained, the Registrar shall be entitled to treat the
beneficial owners of the 2014 Bonds as the bondholders and any consent, request, direction,
approval, objection or other instrument of such beneficial owner may be obtained in the fashion
described in this resolution.
During any time that the 2014 Bonds are held in book -entry form on the books of the Clearing
Agency, the provisions of its standard form of Letter of Representations, if executed in
connection with the issuance of the 2014 Bonds, as amended and supplemented, or any Blanket
Issuer Letter of Representations filed by the City, or any successor agreement shall control on the
matters set forth therein. The Executive is authorized to execute and deliver such a Letter of
Representations. The Registrar, by accepting the duties of Registrar under this resolution, agrees
that it will (i) undertake the duties of agent required thereby and that those duties to be
undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii)
comply with all requirements of the Clearing Agency, including without limitation same day
funds settlement payment procedures. Further, during any time that the 2014 Bonds are held in
11
book -entry form, the provisions of this Section shall control over conflicting provisions in any
other section of this resolution.
SECTION 7. Sale of Bonds. The President of the Redevelopment Commission is
authorized to select one or more purchasers of the 2014 Bonds (collectively, the "Purchaser "),
and to enter into a bond purchase contract in customary form with the Purchaser.
After the 2014 Bonds have been properly sold and executed, the Controller shall receive
from the purchaser's payment for the 2014 Bonds and shall provide for delivery of the 2014
Bonds to the purchasers.
The Controller is hereby authorized and directed to obtain a.legal opinion as to the
validity of the 2014 Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the
purchasers of the 2014 Bonds or to cause a copy of said legal opinion to be printed on each 2014
Bond. The cost of such opinion shall be paid out of the proceeds of the 2014 Bonds.
SECTION 8. Funds and Accounts.
(a) Use of Bond Proceeds: Refunding Fund. Any accrued interest and
capitalized interest at the time of delivery of the 2014 Bonds will be deposited in the Revenues
Account of the Bond Fund as defined below and applied to payments on the 2014 Bonds on the
first interest payment date. If a Reserve Fund (as defined below) is deemed necessary in order to
sell the 2014 Bonds, an amount equal to the Debt Service Reserve Requirement (as defined
below) shall be deposited into the Reserve Fund from the proceeds of the 2014 Bonds, except as
otherwise provided in Section 8(d) herein. The remaining proceeds received from the sale of the
2014 Bonds shall be deposited in the fund hereby created and designated as the "South Bend
Redevelopment District Refunding Fund" (the "Refunding Fund "). The proceeds deposited in the
Refunding Fund, together with all investment earnings thereon, shall be expended by the
Commission only for the purpose of paying the principal of and the interest and premium on the
Prior Bonds. Any balance remaining within the Refunding Fund after the completion of the
Refunding which is not required to meet unpaid obligations incurred in connection therewith
may be (i) used to pay debt service on the 2014 Bonds, or (ii) otherwise used as permitted by
law.
(b) Bond Fund. There is hereby created a separate fund, designated as the
"South Bend Redevelopment District Bond Fund" (the "Bond Fund "), which shall be applied to
the payment of the principal of and interest on the 2014 Bonds, and all other bonds payable from
the Special Tax and/or other revenues of or available to the Commission as contemplated hereby,
and to no other purpose not allowed under Ind. Code § 36- 7- 14 -27. As the Special Tax is
collected, it shall be accumulated in an account of the Bond Fund hereby created and designated
as the "Special Tax Account ". The Bond Fund shall also have a separate account designated the
Revenues Account as described in Section 9 hereof.
(c) Reserve Fund. At the time of the sale of the 2014 Bonds, the President of
the Commission, with the advice of the Commission's financial advisor, may determine to
establish a debt service reserve fund for the 2014 Bonds (the "Reserve Fund "), which shall be
funded in an amount determined by the financial advisor to be required to adequately secure the
12
Bonds, equal to but not exceeding the least of (i) the maximum annual debt service on the 2014
Bonds, (ii) 125% of average annual debt service on the 2014 Bonds, or (iii) 10 % of the proceeds
of the 2014 Bonds, each calculated as of the date of issuance of the 2014 Bonds (the "Debt
Service Reserve Requirement "). All money in the Reserve Fund shall be used and withdrawn by
the District solely for the purpose of making deposits into the Bond Fund, in the event of any
deficiency at any time in such fund, or for the purpose of paying the interest on or principal of or
redemption premiums, if any, on the 2014 Bonds in the event that no other money is lawfully
available therefor. Any amount in the Reserve Fund in excess of the Debt Service Reserve
Requirement shall be withdrawn from the Reserve Fund and deposited in the Bond Fund.
Money in the Reserve Fund shall also be available to make the final payments of interest and
principal on the 2014 Bonds.
(d) Funding of Reserve Fund with Credit Facility.
(i) As an alternative to holding cash funds in the Reserve Fund, the
President of the Commission, with the advice of the Commission's
financial advisor and nationally recognized bond counsel, may
satisfy all or any part of its obligation to maintain any amount in
the Reserve Fund by depositing therein a Credit Facility (as
defined herein) pursuant to a reimbursement agreement or similar
instrument (the "Credit Facility Agreement") between or among
the Credit Provider (as defined herein) and the City, the
Commission and/or the District, provided that such deposit does
not adversely affect any then existing rating on the 2014 Bonds.
(ii) "Credit Facility" means as any letter of credit, revolving credit
agreement, surety bond, insurance policy or other agreement or
instrument issued by a Credit Provider (as defined herein).
(iii) "Credit Provider" means the issuer of any Credit Facility and its
successor in such capacity and their assigns. To qualify under this
Resolution, the Credit Provider providing such Credit Facility shall
be either:
(1) an insurer whose long -term debt obligations are rated (at
the time of issuance of such Credit Facility) in one of the
three highest Rating Categories by the Rating Agency or
Rating Agencies rating the 2014 Bonds; or
(2) a bank or trust company whose long -term debt obligations
are rated (at the time of issuance. of such Credit Facility) in
one of the three highest Rating Categories by the Rating
Agency or Rating Agencies rating the 2014 Bonds.
(iv) "Rating Agency" or "Rating Agencies" means Standard & Poor's
Corporation, Moody's Investors Service or Fitch Ratings,
according to which of such rating agencies then rates a Bond; and
13
provided that, if none of such rating agencies then rates a Bond, the
term "Rating Agency" or "Rating Agencies" shall refer to any
national rating agency (if any) that provides such rating.
(v) "Rating Category" means one of the generic rating categories of
the applicable Rating Agency, without regard to any refinements or
gradations of such generic rating category by numerical or other
modifier.
(vi) In the event a draw is made against the Credit Facility in the
Reserve Fund, the District shall repay the amount of the draw and
related expenses incurred by the Credit Provider, together with
interest thereon at the rate specified in the Credit Facility and/or
the related Credit Facility Agreement.
(vii) The repayment of the draw amount, related expenses and accrued
interest (the "Credit Facility Costs ") shall be paid from the funds
that would have been set aside above to replenish the Reserve
Fund.
(viii) Except as otherwise provided in the Credit Facility Agreement,
repayment of the Credit Facility Costs shall commence in the first
month following each draw, in an amount equal to no less than one
twelfth (1/12) of the aggregate Credit Facility Costs related to such
draw ( "Monthly Installments "). Each Monthly Installment shall be
deposited into the Reserve Fund, and then payments shall be made
from the Reserve Fund to pay Credit Facility Costs. If and to the
extent cash has been deposited to the Reserve Fund (other than
Monthly Installments to pay Credit Facility Costs), all such cash
(or permitted investments) shall be used prior to any drawing under
the Credit Facility therein, and repayment of any Credit Facility
Costs shall be made prior to replenishment of any such cash
amounts. If, in addition to the Credit Facility in the Reserve Fund,
any other reserve account substitute instrument ( "Additional Credit
Facility ") is provided, drawings under the Credit Facility and any
such Additional Credit Facility, and repayment of Credit Facility
Costs and reimbursement of amounts due under the Additional
Credit Facility, shall be made on a pro -rata basis (calculated by
reference to the maximum amounts available thereunder) after
applying all available cash therein and prior to replenishment of
any such cash draws, respectively.
(e) Investment of Funds. All money available hereunder for the payment of
debt service on bonds shall be held in trust for the benefit of the holders of the bonds and shall be
applied, used and withdrawn in accordance with this Section 8. The proceeds of the funds and
accounts described below shall be deposited with a legally qualified depository or depositories
for funds of the Commission as now provided by law and shall be segregated and kept separate
14
and apart from all other funds of the District and the Commission and may be invested in
accordance with applicable provisions of Indiana law.
SECTION 9. Reduction of Special Tax Levy and Pledge of Certain Other Revenues.
The amount of the levy under Ind. Code § 36- 7 -14 -27 each year of the Special Tax applicable to
making payments on the 2014 Bonds as set forth in the budget of the Commission formulated
pursuant to Ind. Code § 36- 7 -14 -28 shall be reduced, as provided in Ind. Code § 36- 7- 14 -27, by
revenues of or available to the Commission to the extent such revenues have been set aside and
designated by the Commission for such purpose in the account of the Bond Fund hereby created
and designated as the "Revenues Account." The Commission hereby covenants to levy the
Special Tax each year payments are due with respect to the 2014 Bonds to the extent the
revenues of or available to the Commission, and set aside and designated by the Commission as
described herein, are not sufficient to timely pay the principal of and interest on the 2014 Bonds.
The amounts available and so designated in the Revenues Account of the Bond Fund
shall be determined at the time the budget and tax levy for a given year is finally fixed, and such
amounts shall be used for no purpose except as contemplated above and are hereby pledged by
the Commission to the payment of the 2014 Bonds, such pledge being effective as set forth in
Ind. Code § 5- 1 -14 -4 without the necessity of filing or recording this resolution or any other
instrument except in the records of the Commission.
SECTION 10. Defeasance. If, when the 2014 Bonds or any portion thereof shall have
become due and payable in accordance with their terms or shall have been duly called for
redemption or irrevocable instructions to call the 2014 Bonds or any portion thereof for
redemption have been given, and the whole amount of the principal, premium, if any, and the
interest so due and payable upon such bonds or any portion thereof then outstanding shall be
paid, or (i) cash; or (ii) direct non - callable obligations of or unconditionally guaranteed by
(including obligations issued or held in book entry form on the books of) the U.S. Department of
the Treasury, and to the extent permitted by Indiana law and by each rating agency maintaining a
rating on the 2014 Bonds, Refcorp interest strips, CATS, TIGRS, STRPS, defeased municipal
bonds or other investments rated in the highest category for such obligations by Standard &
Poor's Corporation. or Moody's Investors Service (or any combination thereof), the principal of
and the interest on which when due without reinvestment will provide sufficient money, or (iii)
any combination of the foregoing, shall be held irrevocably in trust for such purpose, and
provision shall also be made for paying all fees and exes for the payment, then and in that case
the 2014 Bonds or such designated portion thereof shall no longer be deemed outstanding or
secured by this resolution.
SECTION 11. Amendments. Subject to the terms and provisions contained in this
section, and not otherwise, the owners of not less than sixty -six and two - thirds percent (66 -2/3 %)
in aggregate principal amount of the 2014 Bonds then outstanding shall have the right, from time
to time, to consent to and approve the adoption by the Commission of such resolution or
resolutions supplemental hereto as shall be deemed necessary or desirable by the Commission
for the purpose of amending in any particular any of the terms or provisions contained in this
resolution, or in any supplemental resolution; provided, however, that nothing herein contained
shall permit or be construed as permitting:
15
1. An extension of the maturity of the principal of or interest or
premium, if any, on any 2014 Bond or an advancement of the earliest redemption date on
any 2014 Bond, without the consent of the holder of each 2014 Bond so affected; or
2. A reduction in the principal amount of any 2014 Bond or the
redemption premium or rate of interest thereon, or a change in the monetary medium in
which such amounts are payable, without the consent of the holder of each 2014 Bond so
affected; or
3. A preference or priority of any 2014 Bond over any other 2014
Bond, without the consent of the holders of all 2014 Bonds then outstanding; or
4. A reduction in the aggregate principal amount of the 2014 Bonds
required for consent to such supplemental resolution, without the consent of the holders
of all 2014 Bonds then outstanding.
If the Commission shall desire to obtain any such consent, it shall cause the Registrar to
mail a notice, postage prepaid, to the addresses appearing on the Registration Record. Such
notice shall briefly set forth the nature of the proposed supplemental resolution and shall state
that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2014
Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2014
Bonds by reason of its failure to mail such notice, and any such failure shall not affect the
validity of such supplemental resolution when consented to and approved as herein provided.
Whenever at any time within one year after the date of the mailing of such notice, the
Commission shall receive any instrument or instruments purporting to be executed by the owners
of the 2014 Bonds of not less than sixty -six and two - thirds per cent (66 -2/3 %) in aggregate
principal amount of the 2014 Bonds then outstanding, which instrument or instruments shall
refer to the proposed supplemental resolution described in such notice, and shall specifically
consent to and approve the adoption thereof in substantially the form of the copy thereof referred
to in such notice as on file with the Registrar, thereupon, but not otherwise, the Commission may
adopt such supplemental resolution in substantially such form, without liability or responsibility
to any owners of the 2014 Bonds, whether or not such owners shall have consented thereto.
No owner of any 2014 Bond shall have any right to object to the adoption of such
supplemental resolution or to object to any of the terms and provisions contained therein or the
operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin
or restrain the Commission or its officers from adopting the same, or from taking any action
pursuant to the provisions thereof. Upon the adoption of any supplemental resolution pursuant to
the provisions of this section, this resolution shall be, and shall be deemed, modified and
amended in accordance therewith, and the respective rights, duties and obligations under this
resolution of the Commission and the City and all owners of 2014 Bonds then outstanding shall
thereafter be determined, exercised and enforced in accordance with this resolution, subject in all
respects to such modifications and amendments.
Notwithstanding anything contained in the foregoing provisions of this resolution, the
rights, duties and obligations of the Commission and the City and of the owners of the 2014
16
Bonds, and the terms and provisions of the 2014 Bonds and this resolution, or any supplemental
resolution, may be modified or amended in any respect with the consent of the Commission and
the consent of the owners of all the 2014 Bonds then outstanding.
Without notice to or consent of the owners of the 2014 Bonds, the Commission may,
from time to time and at any time, adopt such resolutions supplemental hereto as shall not be
inconsistent with the terms and provisions hereof (which supplemental resolutions shall
thereafter form a part hereof),
(a) To cure any ambiguity or formal defect or omission in this resolution or in
any supplemental resolution; or
(b) To grant to or confer upon the owners of the 2014 Bonds any additional
rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon
the owners of the 2014 Bonds; or
(c) To procure a rating on the 2014 Bonds from a nationally recognized
securities rating agency designated in such supplemental resolution, if such supplemental
resolution will not adversely affect the owners of the 2014 Bonds; or
(d) To obtain or maintain bond insurance with respect to the 2014 Bonds; or
(e) To provide for the refunding or advance refunding of the 2014 Bonds; or
(f) To make any other change which, in the determination of the Commission
in its sole discretion, is not to the prejudice of the owners of the 2014 Bonds.
SECTION 12. Approval of Official Statement and Continuing Disclosure Undertaking.
If legally required as part of a public offering of the 2014 Bonds, the Controller is hereby
authorized to deem final an official statement with respect to the 2014 Bonds, as of its date, in
accordance with the provisions of Rule 15c2 -12 of the United States Securities and Exchange
Commission, as amended (the "SEC Rule "), subject to completion as permitted by the SEC Rule,
and the Commission further authorizes the distribution of the deemed final official statement,
and the execution, delivery and distribution of such document as further modified and amended
with the approval of the Controller in the form of a final official statement. The officers of the
Commission and the City are further authorized to approve the form and distribution of any other
offering materials that may be recommenced by the Commission's financial advisor in
connection with a private placement of the 2014 Bonds.
In order to assist any underwriter of the 2014 Bonds in complying with paragraph (b)(5)
of the SEC Rule by undertaking to make available appropriate disclosure about the Commission
and the City and the 2014 Bonds to participants in the municipal securities market, the
Commission may, in accordance with the SEC Rule, unless excluded from the applicability of
the SEC Rule or otherwise exempted from the provisions of paragraph (b)(5) of the SEC Rule,
execute and deliver any continuing disclosure contract. The execution and delivery by the
Commission of the continuing disclosure contract, and the performance by the Commission of its
obligation thereunder by or through any employee or agent of the Commission or the City, are
hereby approved.
17
SECTION 13. Tax Matters. In order to preserve the exclusion of interest on the 2014
Bonds from gross income for federal income tax purposes and as an inducement to purchasers of
the 2014 Bonds, the Commission represents, covenants and agrees that:
1. The Commission and the City will not take any action or fail to
take any action with respect to the 2014 Bonds that would result in the loss of the
exclusion from gross income for federal income tax purposes of interest on the 2014
Bonds pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the
"Code "), and the regulations thereunder as applicable to the 2014 Bonds, including,
without limitation, the taking of such action as is necessary to rebate or cause to be
rebated arbitrage profits on 2014 Bond proceeds or other monies treated as 2014 Bond
proceeds to the federal government as provided in Section 148 of the Code, and will set
aside such monies, which may be paid from investment income on funds and accounts
notwithstanding anything else to the contrary herein, in trust for such purposes.
2. The City will file an information report on Form 8038 -G with the
Internal Revenue Service as required by Section 149 of the Code.
3. The Commission and the City will not make any investment or do
any other act or thing during the period that any 2014 Bond is outstanding hereunder
which would cause any 2014 Bond to be an "arbitrage bond" within the meaning of
Section 148 of the Code and the regulations thereunder as applicable to the 2014 Bonds.
Notwithstanding any other provisions of this resolution, the foregoing covenants and
authorizations (the "Tax Sections ") which are designed to preserve the exclusion of interest on
the 2014 Bonds from gross income under federal income tax law (the "Tax Exemption ") need
not be complied with to the extent the City receives an opinion of nationally recognized bond
counsel that compliance with such Tax Section is unnecessary to preserve the Tax Exemption.
SECTION 14. Other Action. The Mayor and the Controller of the City or any officer of
the Commission may take such other actions or deliver such other certificates and documents
needed for the Refunding or the financing, including one or more Credit Facility Agreements, as
they deem necessary or desirable in connection therewith.
SECTION 15. No Conflict. All resolutions and orders or parts thereof in conflict with
the provisions of this resolution are to the extent of such conflict hereby repealed. After the
issuance of the 2014 Bonds and so long as any of the 2014 Bonds or interest or premium, if any,
thereon remains unpaid, except as expressly provided herein, this resolution shall not be repealed
or amended in any respect which will adversely affect the rights of the holders of the 2014
Bonds, nor shall the Commission adopt any law or resolution which in any way adversely affects
the rights of such holders.
SECTION 16. Severability. If any section, paragraph or provision of this resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this resolution.
E
SECTION 17. Non - Business Days. If the date of making any payment or the last date for
performance of any act or the exercising of any right, as provided in this resolution, shall be a
legal holiday or a day on which banking institutions in the City or the jurisdiction in which the
Registrar or Paying Agent is located are typically closed, such payment may be made or act
performed or right exercised on the next succeeding day not a legal holiday or a day on which
such banking institutions are typically closed, with the same force and effect as if done on the
nominal date provided in this resolution, and no interest shall accrue for the period after such
nominal date.
SECTION 18. Interpretation. Unless the context or law clearly requires otherwise,
references herein to statutes or other laws include the same as modified, supplemented or
superseded from time to time.
SECTION 19. Effectiveness. This resolution shall be in full force and effect from and
after its passage.
19
Adopted this 24`h day of April, 2014.
SOUTH BEND REDEVELOPMENT
COMMISSION
President
Vice President
Secretary
Member
Member
CERTIFICATE OF SECRETARY, SOUTH BEND REDEVELOPMENT COMMISSION
THIS is to certify that attached is a true copy of Resolution No. adopted by the
South Bend Redevelopment Commission at a meeting held on April 24, 2014.
SBDS02 449127v5
Secretary, South Bend Redevelopment
Commission
, ,lest in Clerk's Office j
OR 21 2014
JOHNVOORDE
CITY CLERK, SOUTH BEND, IN
120ON COUNTY-CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
PHONE 574.235.9216
FAX 574.235.9928
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
April 21, 2014
Mr. Oliver Davis, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4h Floor
South Bend, Indiana 46601
RE: 2014 Redevelopment Commission Refunding Bonds
Dear President Davis:
Attached for filing with the Common Council is a Resolution to authorize the
issuance of refunding bonds of the South Bend Redevelopment District (the
"Refunding Bonds ") that would be issued to refund the South Bend
Redevelopment District Special Taxing District Bonds of 2002 (the "2002
Bonds "). The 2002 Bonds are outstanding in the principal amount of $3,405,000.
It is anticipated that the refunding of the 2002 Bonds will result in a significant
savings for the South Bend Redevelopment Commission. Like the 2002 Bonds, it
is anticipated that all the debt service on the Refunding Bonds will be paid from
TIF Revenues from the Airport TIF Area. In order to increase the marketability
of the Bonds, the Bonds will also be issued with a special benefits tax backup to
the TIF Revenues. The Refunding Bonds will have a final maturity no later than
January 1, 2022, which is the same term as the existing 2002 Bonds. The
Redevelopment Commission is to authorize the issuance of the Refunding Bonds
at its meeting on April 24, 2014. Indiana law requires that the Common Council
approve these actions of the Redevelopment Commission, through the Common
Council Resolution.
I will present this bill to the Common Council at the appropriate committee and
council meetings on April 28, 2014.
ma
Mr. Oliver Davis, President
April 21, 2014
Page Two
Thank you for your attention to this request. If you should have any questions,
please feel to contact me at 574- 235 -7678.
Regards,
L�
u�
J H. Murphy
City Controller
cc: Pete Buttigieg, Mayor
Mark Neal, Deputy Mayor
Kathryn Roos, Chief of Staff
Brian Pawlowski, Deputy Chief of Staff
Cristal Brisco, Corporation Counsel
Aladean DeRose, City Attorney
Filed in Clerk's Office
AIR 2 1 Z014
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, CALLING FOR CREATIVE AND SUSTAINABLE INITIATIVES ADDRESSING MORE
COMPREHENSIVE PROGRAMMING,
YOUTH UNEMPLOYMENT AND ENTREPRENEUR PROGRAMS
the federal Bureau of Labor Statistics "Unemployment Rates for Metropolitan Areas Monthly
Rankings" shows that the "South Bend - Mishawka, IN Metropolitan Statistical Area" has a 7.6 unemployment
rate, however the unemployment insurance has been extended resulting in an even higher percentage; and
QOC,mS in the 44 -page January 2014 publication entitled In This Together: The Hidden Cost of Young
Adult Unemployment, many alarming facts were highlighted, some of which included the following:
• "Millennials aged 18 to 34 have now seen double -digit unemployment rates for over 70 consecutive
months..." [p. 5]
• "The youngest workers, aged 16 to 24, are even worse off, with unemployment rates well over twice
the national average 7 at 15 percent..." [p. 5];
• "...one unemployed 18 to 24 year old will cost the federal and respective state government over
$4,100 annually in forgone tax revenue and benefits received..." [p. 7]
• `...each unemployed 25 to 34 year old will cost his or her federal and state government a staggering
$9,875 annually..." [p. 71; and
Qffemz the Common Council recognizes that "Young Invincibles ", who authored the above - referenced
publication, is a non -profit organization which seeks to "amplify the voices of young Americans and expand
opportunity..." who were hosted by South Bend in 2012; and
unfortunately, many of the findings in the Young Invincibles report are also being witnessed in
the City of South Bend, with far too high an unemployment rate of our youth, and limited effective programs in
place to address these growing concerns; and
many of the policy recommendations set forth in In This Together: The Hidden Cost of Young
Adult Unemployment, such as expanding paid service in order to reconnect "young adults to the labor force';
reinstating grant programs; providing apprenticeship programs; and creating "career internships" are
recommendations which should be pursued.
6•q lelLreb/aed �iCFe (z+�nmoa Q „L9/yt, p-9/Q"ff ed AAWAM aQJ6/lom
Section I. The Common Council of the City of South Bend, Indiana, believes that addressing the
following priorities would help jump -start needed opportunities for unemployment youth in our community, of
building stronger partnerships with the South Bend Community School Corporation and therefore recommends
that collaborative efforts be pursued so that the following objectives may become reality:
1. That additional revenue be dedicated to the Martin Luther King Center and the Charles Black Youth
Center for more comprehensive programming and entrepreneur programing opportunities;
2. That expanded partnerships between the City of South Bend and the South Bend Community School
Corporation be pursued which include, but are not limited to:
Resolution on Opportunities for Youth
Page 2
—� Open access to gymnasiums and swimming pools
—> Access to computer labs
Developing vocational trade programs
3. That a Summer Jobs Program for Youth be expanded to provided year round internship programs;
4. That the City of South Bend create a City Welcome Wagon experience which would share
information on key city services and provide opportunities to build partnerships with residents and
businesses moving to the City; and
Section II. This Resolution shall be in full force and effect from and after its adoption by the Council
and approval by the Mayor.
Council Member Henry Davis, Jr., 2nf District
Council Member Valerie Schey, 3d District
Council Member Oliver Davis, 6`h District
"
John Voorde, City Clerk
V£E sr", TED
NOT APP9,0WO!
ADOPTrA
Mark Neal, Deputy Mayor of South Bend
South Bend, Indiana
Had h
Office
t" p, 3 ?Q
I �
CITY CLEWIG SC,,'
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
Valerie Schey
Third District
Fred Ferlic
Fourth District
David Varner
Fifth District
Oliver J. Davis
Sixth District
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
April 23, 2014
The South Bend Common Council
4th Floor County -City Building
South Bend, IN 46601
Dear Council Members
(574) 235 -9321
Fax (574) 235 -9173
http: //w ..southbendin.gov
During the last council meeting on April 14, 2014 1 made some
recommendations to the Deputy Mayor Mark Neal that there was an issue
with investment into our youth. The recommendation that was made
included but was not limited to a stronger partnership with the South Bend
Community School Corporation giving more access to schools resources
such as the use of swimming pool, open gyms, and developing strong
vocational trade programs. The other recommendations were summer job
programming, entrepreneur programs and year round internships. There
should also be a focus on bridging the gap between new residents and the
city by providing them a catalog of services through a 'Welcome Wagon'
approach that was created by the city more than 40 years ago.
The City of South Bend has seen its fair share of violence over the past
Derek D. Dieter
several months in which 30 shootings have occurred since the new year
At Large
started. Clearly, there needs to be more focus on investing into our youth.
Gavin Ferlic
Programming over the summer has always been a priority however the
At Large
funding has never reflected the priority. The Charles Black Center which
employs 4 full time employees and the Martin Luther King, Jr.,
Karen L. White
Recreational center which employs 5 full time employees, have more than
At Large
150 youth visiting these sites per day during the school year which is a
large undertaking with only 3 -4 full time staff members on payroll. So to
ensure that our youth have adequate resources during those months I am
asking that the funds reflect the need. It is imperative the Charles Black
and the Martin Luther King, Jr., Recreational centers receive the
necessary revenue in excess of $10,000 for programming with added staff
to ensure optimal programming over the entire fiscal year.
The resolution before you is requesting that revenue is appropriated and
allocated before summer break begins on June 11, 2014. With the rising
cost of services provided by the Joan and Ray Kroc Center the price of
membership is increasing and there will be an overflow of youth going
back to the recreational centers during the summer months and beyond.
I ask for your favorable support on this matter so we can better assist our
recreational centers in helping to provide services for the youth of South
Bend. Thank you for your consideration.
Sincerely,
Councilman Henry Davis, Jr.
Councilman Oliver Davis
Councilwoman Valerie Schey
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE SOUTH BEND COMMON
COUNCIL AMENDING VARIOUS SECTIONS IN ARTICLE 10 OF CHAPTER 14 OF
THE SOUTH BEND MUNCIPAL CODE ADDRESSING
SMOKEFREE AIR REGULATIONS
STATEMENT OF PURPOSE AND INTENT
The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary
Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease
and premature death in children and adults who do not smoke; (2) children exposed to
secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute
respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes
respiratory symptoms and slows lung growth in their children; (3) exposure of adults to
secondhand smoke has immediate adverse effects on the cardiovascular system and causes
coronary heart disease and lung cancer; (4) there is no risk -free level of exposure to secondhand
smoke; (5) establishing smokefree workplaces is the only effective way to ensure that
secondhand smoke exposure does not occur in the workplace, because ventilation and other air
cleaning technologies cannot completely control for exposure of nonsmokers to secondhand
smoke; and (6) evidence from peer- reviewed studies shows that smokefree policies and laws do
not have an adverse economic impact on the hospitality industry. (U.S. Department of Health
and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A
Report of the Surgeon General. U.S. Department of Health and Human Services, Centers for
Disease Control and Prevention, National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health, 2006.) According to the 2010 U.S. Surgeon General's
Report, How Tobacco Smoke Causes Disease, even occasional exposure to secondhand smoke is
harmful and low levels of exposure to secondhand tobacco smoke lead to a rapid and sharp
increase in dysfunction and inflammation of the lining of the blood vessels, which are implicated
in heart attacks and stroke. (U.S. Department of Health and Human Services, How Tobacco
Smoke Causes Disease: The Biology and Behavioral Basis for Smoking - Attributable Disease: A
Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and
Health Promotion, Office on Smoking and Health, 2010.)
Numerous studies have found that tobacco smoke is a major contributor to indoor air
pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is
a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and
lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of approximately 53,000 Americans annually. (National Cancer
Institute (NCI), "Health effects of exposure to environmental tobacco smoke: the report of the
California Environmental Protection Agency. Smoking and Tobacco Control Monograph 10,"
Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI), August 1999.)
Smokefree Air Ordinance of 2014
Page 2
The Public Health Service's National Toxicology Program (NTP) has listed secondhand
smoke as a known carcinogen. (Environmental Health Information Service (EHIS),
"Environmental tobacco smoke: first listed in the Ninth Report on Carcinogens," U.S.
Department of Health andHuman Services (DHHS), Public Health Service, NTP, 2000;
reaffirmed by the NTP in subsequent reports on carcinogens, 2003, 2005.)
Based on a finding by the California Environmental Protection Agency in 2005, the
California Air Resources Board has determined that secondhand smoke is a toxic air
contaminant, finding that exposure to secondhand smoke has serious health effects, including
low birth- weight babies; sudden infant death syndrome (SIDS); increased respiratory infections
in children; asthma in children and adults; lung cancer, sinus cancer, and breast cancer in
younger, premenopausal women; heart disease; and death. (California Air Resources Board
(ARB), "Appendix II Findings of the Scientific Review Panel: Findings of the Scientific Review
Panel on Proposed Identification of Environmental Tobacco Smoke as a Toxic Air Contaminant
as adopted at the Panel's June 24, 2005 Meeting," California Air Resources Board (ARB),
September 12, 2005.)
There is indisputable evidence that implementing 100% smoke -free environments is the
only effective way to protect the population from the harmful effects of exposure to secondhand
smoke. (World Health Organization (WHO), "Protection from exposure to secondhand smoke:
policy recommendations," World Health Organization (WHO), 2007.)
In reviewing 11 studies concluding that communities see an immediate reduction in heart attack
admissions after the implementation of comprehensive smokefree laws, the Institute of Medicine
of the National Academies concluded that data consistently demonstrate that secondhand smoke
exposure increases the risk of coronary heart disease and heart attacks and that smokefree laws
reduce heart attacks. (Institute of Medicine (IOM) of the National Academies, Board on
Population Health and Public Health Practice, Committee on Secondhand Smoke Exposure and
Acute Coronary Events, "Secondhand smoke exposure and cardiovascular effects: making sense
of the evidence," Washington, DC: National Academies Press, October 2009.)
A significant amount of secondhand smoke exposure occurs in the workplace. Employees who
work in smoke -filled businesses suffer a 25 -50% higher risk of heart attack and higher rates of
death from cardiovascular disease and cancer, as well as increased acute respiratory disease and
measurable decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.;
Skoumas, J.; Tzioumis, K.; Stefanadis, C.; Toutouzas, P., "Association between exposure to
environmental tobacco smoke and the development of acute coronary syndromes: the
CARDI02000 case - control study," Tobacco Control 11(3): 220 -225, September 2002.)
Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a
tobacco- specific carcinogen linked to lung cancer) in hospitality workers find dramatic
reductions in the levels of these biomarkers after a smokefree law takes effect. Average cotinine
levels of New York City restaurant and bar workers decreased by 85% after the city's smokefree
law went into effect. ([n.a.], "The State of Smoke -Free New York City: A One Year Review,"
New York City Department of Finance, New York City Department of Health & Mental
Hygiene, New York City Department of Small Business Services, New York City Economic
Development Corporation, March 2004). After the implementation of Ontario, Canada's
Smokefree Air Ordinance of 2014
Page 3
Smokefree Indoor Air Law, levels of NNAL were reduced by 52% in nonsmoking casino
employees and cotinine levels fell by 98 %. (Geoffrey T. Fong, et. al., "The Impact of the Smoke -
Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos: A Quasi - Experimental
Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2, 2006.)
Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke
exposure in the workplace, which included indoor air quality tests and biomarker assessments,
the National Institute of Occupational Safety & Health ( NIOSH) concluded that the casino
employees are exposed to dangerous levels of secondhand smoke at work and that their bodies
absorb high levels of tobacco - specific chemicals NNK and cotinine during work shifts. NIOSH
also concluded that the "best means of eliminating workplace exposure to [secondhand smoke] is
to ban all smoking in the casinos." (Health hazard evaluation report: environmental and
biological assessment of environmental tobacco smoke exposure among casino dealers, Las
Vegas, NV. By Achutan C, West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S.
Department of Health and Human Services, Centers for Disease Control and Prevention,
National Institute for Occupational Safety and Health, NIOSH HETA No. 2005 -0076 and 2005-
0201 -3080, May 2009.)
Secondhand smoke is particularly hazardous to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including asthmatics
and those with obstructive airway disease. (California Environmental Protection Agency (Cal
EPA), "Health effects of exposure to environmental tobacco smoke ", Tobacco Control 6(4): 346-
353, Winter, 1997.) The Americans With Disabilities Act, which requires that disabled persons
have access to public places and workplaces, deems impaired respiratory function to be a
disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities
Act," Nonsmokers' Voice 15(1): 8 -9.)
The U.S. Centers for Disease Control and Prevention has determined that the risk of acute
myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is
non - linear at low doses, increasing rapidly with relatively small doses such as those received
from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all
patients at increased risk of coronary heart disease or with known coronary artery disease should
avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb, Stephen,
"Commentary: How acute and reversible are the cardiovascular risks of secondhand smoke ?"
British Medical Journal 328: 980 -983, April 24, 2004.)
Given the fact that there is no safe level of exposure to secondhand smoke, the American
Society of Heating, Refrigerating and Air Conditioning Engineers ( ASHRAE) bases its
ventilation standards on totally smokefree environments. ASHRAE has determined that there is
currently no air filtration or other ventilation technology that can completely eliminate all the
carcinogenic components in secondhand smoke and the health risks caused by secondhand
smoke exposure, and recommends that indoor environments be smokefree in their entirety.
( Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.;
Smokefree Air Ordinance of 2014
Page 4
Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke,"
American Society of Heating, Refrigerating and Air - Conditioning Engineers (ASHRAE), 2005.)
During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels
measured in outdoor cafes and restaurant and bar patios near smoker's rival indoor tobacco
smoke concentrations. (Klepeis, N.; Ott, W.R.; Switzer, P., 'Real -time measurement of outdoor
tobacco smoke particles," Journal of the Air & Waste Management Association 57: 522 -534,
2007.) Nonsmokers who spend six -hour periods in outdoor smoking sections of bars and
restaurants experience a significant increase in levels of cotinine when compared to the cotinine
levels in a smokefree outdoor area. (Hall, J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon,
L.H.; Naeher, L.P., "Assessment of exposure to secondhand smoke at outdoor bars and family
restaurants in Athens, Georgia, using salivary cotinine," Journal of Occupational and
Environmental Hygiene 6(11): 698 -704, November 2009.)
Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other
tobacco products is left behind after smoking occurs and builds up on surfaces and furnishings.
This residue can linger in spaces long after smoking has ceased and continue to expose people to
tobacco toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and
ceilings. Gases can be absorbed into carpets, draperies, and other upholsteries, and then be
reemitted (off - gassed) back into the air and recombine to form harmful compounds. (Singer,
B.C.; Hodgson, A.T.; Nazaroff, W.W., "Effect of sorption on exposures to organic gases from
environmental tobacco smoke (ETS)," Proceedings: Indoor Air 2002, 2002.) Tobacco residue is
noticeably present in dust throughout places where smoking has occurred. (Matt, G.E.; Quintana,
P.J.E.; Hovel], M.F.; Bernert, J.T.; Song, S.; Novianti, N.; Juarez, T.; Floro, J.; Gehrman, C.;
Garcia, M.; Larson, S., "Households contaminated by environmental tobacco smoke: sources of
infant exposures," Tobacco Control 13(1): 29 -37, March 2004.) Given the rapid sorption and
persistence of high levels of residual nicotine from tobacco smoke on indoor surfaces, including
clothing and human skin, this recently identified process represents an unappreciated health
hazard through dermal exposure, dust inhalation, and ingestion. (Sleiman, M.; Gundel, L.A.;
Pankow, J.F.; Jacob III, P.; Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by
surface- mediated reactions of nicotine with nitrous acid, leading to potential thirdhand smoke
hazards," Proceedings of the National Academy of Sciences of the United Sates of America
(PNAS) 107(15): 6576 -6581, February 8, 2010.)
Unregulated high -tech smoking devices, commonly referred to as electronic cigarettes, or
"e- cigarettes," closely resemble and purposefully mimic the act of smoking by having users
inhale vaporized liquid nicotine created by heat through an electronic ignition system. After
testing a number of e- cigarettes from two leading manufacturers, the Food and Drug
Administration (FDA) determined that various samples tested contained not only nicotine but
also detectable levels of known carcinogens and toxic chemicals, including tobacco - specific
nitrosamines and diethylene glycol, a toxic chemical used in antifreeze. The FDA's testing also
suggested that "quality control processes used to manufacture these products are inconsistent or
non - existent." &.a j, "Summary of results: laboratory analysis of electronic cigarettes conducted
by FDA," Food and Drug Administration (FDA), July 22; 2009;
http:// www. fda. gov/ NewsEvents/ PublicHealthFocus /ucmI73146.htm Accessed on: October 22,
Smokefree Air Ordinance of 2014
Page 5
2009.) E- cigarettes produce a vapor of undetermined and potentially harmful substances, which
may appear similar to the smoke emitted by traditional tobacco products. Their use in
workplaces and public places where smoking of traditional tobacco products is prohibited creates
concern and confusion and leads to difficulties in enforcing the smoking prohibitions.
The Society of Actuaries has determined that secondhand smoke costs the U.S. economy
roughly $10 billion a year: $5 billion in estimated medical costs associated with secondhand
smoke exposure and $4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y.,
"Economic Effects of Environmental Tobacco Smoke," Society of Actuaries, March 31, 2005.)
Numerous economic analyses examining restaurant and hotel receipts and controlling for
economic variables have shown either no difference or a positive economic impact after
enactment of laws requiring workplaces to be smokefree. Creation of smokefree workplaces is
sound economic policy and provides the maximum level of employee health and safety. (Glantz,
S.A. & Smith, L., "The effect of ordinances requiring smokefree restaurants on restaurant sales
in the United States." American Journal of Public Health, 87:1687 -1693, 1997; Colman, R.;
Urbonas, C.M., "The economic impact of smoke -free workplaces: an assessment for Nova
Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic,
September 2001.)
There is no legal or constitutional "right to smoke." (Graff, S.K., "There is No
Constitutional Right to Smoke: 2008," Tobacco Control Legal Consortium, 2d edition, 2008.)
Business owners have no legal or constitutional right to expose their employees and customers to
the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty
to provide their workers with a workplace that is not unreasonably dangerous. (Graff, S.K.;
Zellers, L., "Workplace Smoking: Options for Employees and Legal Risks for Employers,"
Tobacco Control Legal Consortium, 2008.)
Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on
merchandise and fixtures causes economic damage to businesses. ( "The high price of cigarette
smoking," Business & Health 15(8), Supplement A: 6 -9, August 1997.)
The smoking of tobacco is a form of air pollution, a positive danger to health, and a
material public nuisance.
The South Bend Common Council also recognizes that in February of 2014, the Indiana
Supreme Court, by a vote of 3 -2, found the City of Evansville, Indiana's smoking ban ordinance
unconstitutional due to an exemption it granted to a riverboat casino located within the city The
Supreme Court noted that the special exemption for the casino violated the Indiana
Constitution's Equal Privileges and Immunities Clause. The following ordinance has been
drafted to comply with the Indiana Supreme Court latest judicial ruling.
Smokefree Air Ordinance of 2014
Page 6
jil
i
Section I. Various sections of Article 10 of Chapter 14 of the South Bend Municipal Code shall
be amended to read as follows:
ARTICLE 10. SMOKEFREE AIR 81%48I0NG REGULATIONS.
Sec. 14-61. Title.
This Article shall be known as the City of South Bend Smokefree Air Ordinance of 2014
Sec. 14 -62. Findings and Intent
The Common Council of the City of South Bend Indiana finds and declares that the Purposes of
this Article are: (1) to protect the public health and welfare by prohibiting smoking in public
places and places of employment and (2) to guarantee the right of nonsmokers to breathe
smokefree air, and to recognize that the need to breathe smokefree air shall have priority over the
desire to smoke.
See. 14-63. Definitions.
All definitions set forth in IC 7.1 -5 -121 related to "prohibition on Smoking" shall govern; and
shall be supplemented by the following words and phrases whenever used in this Article shall
be construed as defined in this Section:
(a) "Bar" means an establishment that is devoted to the serving of alcoholic beverages
for consumption by guests on the premises and in which the serving of food is only incidental to
the consumption of those beverages including but not limited to tavems nightclubs cocktail
lounges, and cabarets.
(b) "Business" means a sole proprietorship partnership joint venture corporation or
other business entity, either for -profit or not - for -profit including retail establishments where
goods or services are sold Professional corporations and other entities where legal medical
dental, engineering architectural or other professional services are delivered; and private clubs.
(c) "E- cigarette" means any electronic oral device such as one composed of a heating
element, battery, and/or electronic circuit which provides a vapor of nicotine or any other
substances, and the use or inhalation of which simulates smoking The term shall include anv
'Indiana Code & 7.1 -5 -12 sets forth definitions for the following terms: ashtray, Place of employment public
place, and smoking.
Smokefree Air Ordinance of 2014
Page 7
such device, whether manufactured, distributed, marketed, or sold as an e- cigarette a -cigar, ag r e-
pipe, or under any other product name or descriptor.
(d) "Employee" means a person who is employed by an employer in consideration for
direct or indirect monetarV wages or profit, and a person who volunteers his or her services for a
non -profit entity.
(e) "Employer" means a person business partnership association corporation including
a municipal corporation, trust, or non - profit entity that employs the services of one or more
individual persons.
(f) "Enclosed Area" means all space between a floor and a ceiling that is bounded on at
least two sides by walls, doorways, or windows, whether open or closed. A wall includes any
retractable divider, garage door, or other physical barrier, whether temporary or permanent and
whether or not containing openings of any kind.
(g) "Health Care Facility" means an office or institution providing care or treatment of
diseases, whether physical, mental, or emotional, or other medical physiological or
psychological conditions including but not limited to hospitals rehabilitation hospitals or other
clinics, including weight control clinics, nursing homes, long -term care facilities homes for the
aging or chronically ill laboratories and offices of surgeons chiropractors physical therapists
physicians, psychiatrists, dentists, and all specialists within these professions. This definition
shall include all waiting rooms, hallways, private rooms, semiprivate rooms and wards within
health care facilities.
(h) "Playground' means any park or recreational area designed in part to be used by
children that has play or sports equipment installed or that has been designated or landscaped for
play or sports activities or any similar facility located on public or private school grounds or on
city grounds.
(i) "Private Club" means an organization, whether incorporated or not, which is the
owner, lessee or occupant of a building or portion thereof used exclusively for club purposes at
all times, which is operated solely for a recreational fraternal social patriotic political
benevolent or athletic purpose, but not for pecuniary gain, and which only sells alcoholic
beverages incidental to its operation. The affairs and management of the organization are
conducted by a board of directors, executive committee, or similar body chosen by the members
at an annual meeting. The organization has established bylaws and /or a constitution to govern its
activities. The organization has been granted an exemption from the payment of federal income
tax as a club under 26 U.S.C. Section 501.
0) "Restaurant" means an eating establishment, including but not limited to coffee
shops, cafeterias, sandwich stands, and private and public school cafeterias which gives or offers
for sale food to the public, guests, or employees, as well as kitchens and catering facilities in
Smokefree Air Ordinance of 2014
Page 8
which food is prepared on the premises for serving elsewhere. The term "restaurant" shall
include a bar area within the restaurant.
(k) " Retail Tobacco Store" means a retail store:
1. Utilized primarily for the sale of tobacco and tobacco- related products
included but not limited to cigarettes cigars tobacco pipes cigarette paper
and lighters;
2. That is not licensed for the consumption of meals or alcoholic beverages on
the premises or operated in coniunction with another business that is licensed
for the on- premises consumption of meals or alcoholic beverages; and
3. In which the sale of tobacco and tobacco - related products accounts for not less
than eighty -five percent (85 %) of the store's gross sales•
Retail Tobacco Store does not include a tobacco department of a larger commercial
establishment such as a grocery store, department store discount store or hotel
(1) "Service Line" means an indoor or outdoor line in which one (1) or more persons are
waiting for or receiving service of any kind whether or not the service involves the exchange of
money, including but not limited to, ATM lines concert lines food vendor lines movie ticket
lines, and sporting event lines.
(m) "Shopping Mall" means an enclosed public walkway or hall area that serves to
connect retail or professional establishments.
(n) "Smoking" means inhaling exhaling burning or carrying any lighted cigar, cigarette,
or pipe, or any other lighted or heated tobacco or plant product intended for inhalation in any
manner or in any form. "Smoking" also includes the use of an e- cigarette which creates a vapor,
in any manner or in any form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking in this Article.
(o) "Sports Arena" means a place where people assemble to engage in physical exercise
participate in athletic competition, or witness sports or other events including sports pavilions
stadiums, gymnasiums, health spas, boxing arenas swimming pools roller and ice rinks and
bowling alleys.
See. 14 -64. Application of Article to City -Owned Facilities and Property.
This Article shall apply to all enclosed areas including buildings and vehicles owned leased or
operated by the City of South Bend.
Smokefree Air Ordinance of 2014
Page 9
Sec. 14 -65. Prohibition of Smoking in Enclosed Public Places.
Smoking shall be Prohibited in all enclosed public places within the City of South Bend
including but not limited to, the following places:
(a) Aquariums, galleries, libraries, and museums;
(b) Areas available to the eg neral public in businesses and non -profit entities patronized
by the public, including but not limited to, banks, laundromats, professional offices,
and retail service establishments;
(c) Bars;
(d) Bingo facilities;
(e) Child care and adult day care facilities;
(0 Convention facilities;
(g) Educational facilities, both public and private;
(h) Elevators;
(i) Gaming facilities;
0) Health care facilities;
(k) Hotels and motels;
(1) Lobbies, hallways, and other common areas in apartment buildings, condominiums,
trailer parks, retirement facilities, nursing homes, and other multiple -unit residential
facilities;
(m) Polling places;
(n) Public transportation vehicles, including buses and taxicabs, under the authority of
the City of South Bend, and ticket, boarding, and waiting areas of public
transportation facilities, including bus train, and airport facilities;
(o) Restaurants;
(p) Restrooms, lobbies, reception areas, hallways, and other common -use areas;
(q) Retail stores;
(r) Rooms, chambers; places of meeting or public assembly under the control of the
City of South Bend;
(s) Service lines;
(t) Shopping malls;
(u) Sports arenas, including enclosed places in outdoor arenas; and
(v) Theaters and other facilities primarily used for exhibiting motion pictures, stage
dramas, lectures, musical recitals, or other similar performances.
Sec. 14 -66. Prohibition of Smoking in Enclosed Places of Employment.
(a) Smoking shall be prohibited in all enclosed areas of places of employment
without exception. This includes, without limitation, common work areas auditoriums
classrooms, conference and meeting rooms, private offices, elevators hallways medical
facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed
facilities.
Smokefree Air Ordinance of 2014
Page 10
(b) This prohibition on smoking shall be communicated to all existing employees by the
effective date of this Article and to all prospective employees upon their application for
employment.
Sec. 14 -67. Prohibition of Smoking in Private Clubs.
Smoking shall be prohibited in all private clubs.
Sec. 14 -68. Prohibition of Smoking in Enclosed Residential Facilities.
Smoking shall be prohibited in the following enclosed residential facilities:
(a) All private and semi - private rooms in nursing homes• and
(b) All hotel and motel rooms that are rented to ug ests.
Sec. 14 -69. Prohibition of Smoking in Outdoor Public Places.
Smoking shall be prohibited in the following outdoor places:
(a) Within a reasonable distance of eight feet (8') outside entrances operable
windows, and ventilation systems of enclosed areas where smoking is
prohibited, so as to prevent tobacco smoke from entering those areas;
(b) On all outdoor property that is adjacent to buildings owned ]eased or
operated by the City of South Bend:
(c) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be
prohibited in, and within eight feet (8') of, bleachers and grandstands for use
by spectators at snorting and other public events:
(d) In, and within eight feet (8') of, all outdoor playgrounds-,
(e) In, and within eight (8') of all outdoor public transportation stations
platforms, and shelters under the authority of the City of South Bend•
(f) In all outdoor service lines, including lines in which service is obtained by
persons in vehicles such as service that is provided by bank tellers parking
lot attendants, and toll takers. In lines in which service is obtained by persons
in vehicles smoking is prohibited by both pedestrians and persons in vehicles
but only within eight feet (8') of the point of service; and
Smokefree Air Ordinance of 2014
Page 11
In outdoor common areas of apartment buildings, condominiums, trailer narks, retirement
facilities, nursing homes, and other multiple -unit residential facilities, except in designated
smoking areas, not to exceed twenty -five percent (25 %) of the total outdoor common area, which
must be located at least eight feet (8') outside entrances, operable windows, and ventilation
systems of enclosed areas where smoking is prohibited.
Sec. 14 -70. Prohibition of Smoking in Outdoor Places of Employment.
(a) Smoking shall be prohibited in all outdoor places of employment where two or more
employees are required to be in the course of their employment. This includes, without
limitation, work areas, construction sites, temporary offices such as trailers, restroom facilities,
and vehicles.
(b) This prohibition on smoking shall be communicated to all existing employees by the
effective date of this Article and to all prospective employees upon their application for
employment.
Sec. 14 -71. Where Smoking Not Regulated.
Notwithstanding any other provision of this Article to the contrary, smoking shall not be
prohibited in private residences, unless used as a childcare, adult day care, or health care facility;
and in retail tobacco stores.
Sec. 14 -72. Declaration of Establishment or Outdoor Area as Nonsmoking.
Notwithstanding any other provision of this Article, an owner, operator, manager, or other
person in control of an establishment, facility, or outdoor area may declare that entire
establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in
any place in which a sign conforming to the requirements of Section 1012(A) is posted.
Sec. 14 -73. Posting of Signs and Removal of Ashtrays?
The owner, operator, manager, or other person in control of a public place or place of
employment where smoking is prohibited by this Article shall:
(a) Clearly and conspicuously post "No Smoking" signs or the intemational "No Smoking
symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle
with a red bar across it) in that place, printed on a minimum size of 8" x 10 ".
(b) Clearly and conspicuously post at every entrance to that place a sign stating that smoking
is prohibited.
2 This section replaces current section 14 -62 entitled "Signage Required" of the South Bend Municipal Code.
Smokefree Air Ordinance of 2014
Page 12
(c) Clearly and conspicuously post on every vehicle that constitutes a place of employment
under this Article at least one (1) sign visible from the exterior of the vehicle stating that
smoking is prohibited.
(d) Remove all ashtrays from any area where smoking is prohibited by this Article except for
ashtrays displayed for sale and not for use on the premises.
See. 14 -74. Non - retaliation, Non - waiver of Rights.
(a) No person or emplover shall discharge refuse to hire or in any manner retaliate
against an employee, applicant for employment, customer, or resident of a multiple -unit
residential facility because that employee applicant customer, or resident exercises any rights
afforded by this Article or reports or attempts to prosecute a violation of this Article
(b) An employee who works in a setting where an employer allows smoking does not
waive or otherwise surrender any legal rights the employee may have against the employer or
any other party.
Sec. 14 -75. Enforcement.
(a) This Article shall be enforced by the Department of Code Enforcement and the Police
Department or an authorized designee.
(b) Notice of the provisions of this Article shall be given to all applicants for a business
license in the City of South Bend.
(c) Any citizen who desires to register a complaint under this Article may initiate
enforcement with the Department of Code Enforcement.
(d) The Health Department, Fire Department, or their designees may, while an
establishment is undergoing otherwise mandated inspections inspect for compliance with this
Article.
(e) An owner, manager, operator, or employee of an area regulated by this Article shall
direct a person who is smoking in violation of this Article to extinguish the product being
smoked If the person does not stop smoking the owner manager, operator, or employee shall
refuse service and shall immediately ask the person to leave the premises If the person in
violation refuses to leave the premises the owner, manager, operator, or employee shall contact a
law enforcement a eg ncv.
(f) Notwithstanding any other provision of this Article an employee or private citizen
may legal action to enforce this Article.
Smokefree Air Ordinance of 2014
Page 13
(g) In addition to the remedies provided by the provisions of this Section, the
Department of Law or any person aggrieved by the failure of the owner, operator, manager, or
other person in control of a public place or a place of employment to comply with the provisions
of this Article may apply for injunctive relief to enforce those provisions in any court of
competent jurisdiction.
See. 14 63 See. 14 -76. Violations and Penalties.
(a) Any one violating any of the provisions of this Article shall be subject to the
following penalties:
Citations: For the first violation in a calendar year, a citation shall be issued
imposed a fine of fifty dollars $50.00 • one hundred dollars for the 2 "d
violation: and two hundred fifty dollars for all violations thereafter with such
fines payable through the Ordinance Violations Bureau
2. Each violation shall constitute a separate offense.
(b) Except as otherwise provided in Section 14 -74 (a), a person who owns,
manages operates or otherwise controls a public place or place of employment and who fails to
comply with the provisions of this Article shall be guilty of an infraction punishable bv:
1. A fine of one hundred dollars ($100) for a first violation.
2. A fine of two hundred fifty dollars ($250) for a second violation within one (1
year.
3. A fine of one thousand dollars ($1,000) for each additional violation within
one (1) Year.
(c) In addition to the fines established by this Section, violation of this Article by
a person who owns manages operates or otherwise controls a public place or place of
employment may result in the suspension or revocation of any permit or license issued to the
person for the premises on which the violation occurred.
(d) Repeated violation of this Article is declared to be a public nuisance, which
may be abated by the Department of Law seeking a restraining order, preliminary and permanent
injunction, or other means provided for by law, and may bring action to recover the costs of the
nuisance abatement.
(e) The City At4efne• 'tea Department of Law is authorized to bring civil
action against any alleged violator of this Article for all unpaid fines, and any and all expenses
incurred by the City to enforce the provisions of this Article to seek compliance from the alleged
violator.
Smokefree Air Ordinance of 2014
Page 14
(f) Each day on which a violation of this Article occurs shall be considered a
separate and distinct violation. Each violation of this Article shall constitute a separate offense.
Sec. 14 -77. Public Education.
The Department of Code Enforcement shall engage in a continuing program to explain and
clarify the purposes and requirements of this Article to citizens affected by it and to guide
owners, operators and managers in their compliance with it The program may include
publication of a brochure for affected businesses and individuals explaining the provisions of this
Article.
Sec. 14 -77. Other Applicable Laws.
This Article shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
Sec. 14 -78. Liberal Construction.
This Article shall be liberally construed so as to further its purposes.
Sec. 14 -79 Through Sec. 14 -92 Reserved.
Section II. Severability: If any provision, clause, sentence, or paragraph of this Article or the
application thereof to any person or circumstances shall be held invalid, that invalidity shall not
affect the other provisions of this Article which can be given effect without the invalid provision
or application, and to this end the provisions of this Article are declared to be severable.
Section III. This ordinance shall be in full force and effect from and after sixty (60) after the
passage by the Common Council, approval by the Mayor and legal publication.
Council Member Gavin Ferlic
Council Member Tim Scott
Council Member Dr. Fred Ferlic
Council Member Valerie Schey
Smokefree Air Ordinance of 2014
Page 15
il
I, John Voorde, hereby verify that the foregoing ordinance was passed /defeated by the
South Bend Common Council on the day of 2014, by a vote of
in favor and against.
John Voorde, City Clerk
South Bend, Indiana
day of
ist READING
PUBLIC HEAVING
3 rd READING
NOT APPROV90
REFERRED
PAVED
2014, at
o'clock —.m.
Janice Talboom, Deputy City Clerk
w„ .d. day of
Mark Neal, Deputy Mayor
South Bend, Indiana
2014, at
Filed s ; Mice
I . C 3 4014
L.......
CITY CLEH[<, :s ;1t I BEND, IN
Oliver J. Davis
President
Derek D. Dieter
Vice - President
Valerie Schey
Chairperson, Committee
of the Whole
Tim Scott
First District
Henry Davis, Jr.
Second District
Valerie Schey
Third District
Fred Ferlic
Fourth District
David Varner
Fifth District
Oliver J. Davis
Sixth District
Derek D. Dieter
At Large
Gavin Ferlic
At Large
Karen L. White
At Large
City of South Bend
Common Council
441 County-City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601 -1830
April 22, 2014
The South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
Dear Council Members:
We are pleased to introduce the attached ordinance.
(574) 235 -9321
Fax (574) 235 -9173
http://www.southbmdin.gov
The cities of Fort Wayne and Bloomington passed comprehensive clean
ordinances, and the attached ordinance would create similar
comprehensive clean air regulations in the City of South Bend.
We request that this ordinance be referred to the Council's Health and
Public Safety Committee. Thank you.
Most sincerely,
Gavin Ferli
Council Mem at Large
Q
Tim colt
ls' District Council Mem r
Dr. Fred/Ferlic
4'h District Council Member
Valerie Schey
3`d District Council Member
Attachment
Filed in dark's Office
F.PR 23 2014
CITYCLEIt:, : *;C3,i4d
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LK- .1 Q� FAT4 LA140W
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W, JEFFERSON BLVD. ROOM 1 140
COUNTY-CITY BLDG.
SOUTH BEND, INDIANA 4"0-1 (574) 235 - 9571
Wednesday, April 16, 2014
Sw� k
�l � \
0, -
2-'t
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: An Ordinance initiated by the Area Plan Commission on behalf of the the Common Council of the City of
South Bend, Indiana, Amending Chapter 21 of the South Bend Municipal Code, Article 4, Industrial Districts
to exclude uses already permitted as a primary use from the Special Exception Use subsection; and modifying
Article 6, Overlay and Special Use Districts, to add a new subsection relative to the applicability of the
Northeast Neighborhood Development Area Overlay Zoning District to Planned Unit Developments. - APC#
2701 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, April
03, 2014 and that the Area Plan Commission at its public hearing on Tuesday, April 15, 2014 took the following
action:
Upon a motion by John DeLee, being seconded by Michelle Hektor and unanimously carried, the
Ordinance initiated by the Area Plan Commission on behalf of the the Common Council of the City of
South Bend, Indiana, Amending Chapter 21 of the South Bend Municipal Code, Article 4, Industrial
Districts to exclude uses already permitted as a primary use from the Special Exception Use
subsection; and modifying Article 6, Overlay and Special Use Districts, to add a new subsection
relative to the applicability of the Northeast Neighborhood Development Area Overlay Zoning District
to Planned Unit Developments, is sent to the Common Council with a favorable recommendation. The
text amendments address certain changes that are necessary and practical to revise and clarify various
sections of the South Bend Zoning Ordinance.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded -te yeu-at a -later dat ade a part of this report.
I Filed in Clar.'s 'office
Sincerely,
it) �
( n W. Byomi
E.rr 1 V '101 14
L)iE
CITY CLERIC. 60 -,;VH BEND, IN
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
w styosephcounryind'am om/Amphn
Staff Report
APC #
Owner:
Location:
Jurisdiction:
Public Hearing Date:
2701 -14
APC Initiated
Text Amendment
City of South Bend
4/15/2014
3/31/2014
Requested Action:
The requested action presents two text changes, amending Chapter 21, Zoning of the South
Bend Municipal Code: Article 4 Industrial Districts and Article 6 Overlay and Special Use
Districts
Staff Comments:
The following changes are proposed:
Article 4 Industrial Districts - Eliminate duplication of uses as both Primary Uses and
Special Exception Uses by excluding those otherwise permitted within the district.
Article 6 Overlay and Special Use Districts - Add a subsection to the Northeast
Neighborhood Development Area Overlay Zoning District to allow the developer of a
PUD to create alternative design standards appropriate to the development proposed.
Recommendation:
Based on information available prior to the public hearing the staff recommends the text
amendments be sent to the Common Council with a favorable recommendation.
Analysis:
The text amendments address certain changes that are necessary and practical to revise and
clarify various sections of the South Bend Zoning Ordinance.
APC # 2701 -14 Page 1 of 1
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD.. ROOM 1(,0 COUNTY -CITY BUILDING, SOUTH BEND. INDIANA 46601 (514) ]BS RSII
April 16, 2014
South Bend Common Council
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Bill # 24 -14 A bill of the Common Council of the City of South Bend, Indiana,
amending Chapter 21 of the South Bend Municipal Code, Article 4, Industrial Districts
to exclude uses already permitted as a Primary Use from the Special Exception Use
subsection; and modifying Article 6, Overlay and Special Use Districts to add a new
subsection relative to the applicability of the Northeast Neighborhood Development
Area Overlay Zoning District to Planned Unit Developments
Petitioner: Area Plan Commission
Dear Council Members:
The following changes have been made to the Ordinance for the above - referenced
petition:
Ordinance:
1) A typographical error was corrected in Section Il, changing the word "even" to
Ilevent" in the last sentence of the added subsection.
A revised copy has been attached.
If you have any further questions, please call me at 574 - 235 -9571.
Sincerely,
4Angela _ M. Smith
Planner
Filed if
.182014
Ji}Hrt NOOriDE
G!?NCt..t�i Ef) ;trt ;RFP= loF
SERVING ET. JOSEPH COUNTY, SOUTH BEND. LAYEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA. B ROSELAND
WWW.ST;OSEPH000NTYINDIANA CON
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 4, INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY
PERMITTED AS A PRIMARY USE FROM THE SPECIAL EXCEPTION USE
SUBSECTION; AND MODIFYING ARTICLE 6, OVERLAY AND SPECIAL USE
DISTRICTS, TO ADD A NEW SUBSECTION RELATIVE TO THE APPLICABILITY
OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY
ZONING DISTRICT TO PLANNED UNIT DEVELOPMENTS.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
that went into effect on May 7, 2004. Any use permitted as a primary use in GI General
Industrial District is allowed as a special exception use in the LI Light Industrial District. The
modification eliminates any duplication of uses as both primary and special exception uses.
Furthermore, in August 2011, Section 21 -06.03 was added creating the Northeast
Neighborhood Development Area Overlay Zoning District (NNZO). Under the provisions for
Planned Unit Developments (PUD) the petition shall specify development standards for each
use proposed. The addition of this section would allow the developer of a PUD to create
alternative design standards appropriate to the development proposed.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 21, Zoning of the South Bend Municipal Code, Article 4 Industrial
Districts, Section 21 -04.01 (a) (2) Special Exception Uses, is hereby amended by modifying
subsection (A) as follows:
(A) Unless otherwise permitted as a Primary Use in Section 21-04-.01 (a) (1) above any
A.ay Primary Use listed in the GI District.
Section H. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Overlay and
Special Use Districts, Section 21 -06.03 (b) Applicability, is hereby amended by adding a new
subsection (5) as follows:
CQ Planned Unit Development — As part of an application for a Planned Unit
Development, the applicant may proposed alternative development standards that do
not adhere to the standards of the NNZO. If approved by the Common Council these
alternative development standards will control the development of the site In the event
that no alternative development standards are proposed then the standards contained
within this NNZO will govern-
Section III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
,2013, at o'clock m.
City Clerk
Approved and signed by me on the day of 2013
at o'clock M.
Mayor of the City of South Bend, Indiana
1st READING
3 rd READING
NOT APPROVED
REFERRED
PASSED
Filed lit Clerk'a _ ,�
FAPR 16 2094
WE
,tDUTH BEND, IN
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W,IEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, April 16, 2014
The Honorable Council the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of Davis Traub Real Estate LLC to zone from GI
General Industrial District to GB General Business District, and seeking the following three variances: 1)
from the required Type A perimeter landscaping to existing trees as shown on site plan; 2) from the required
24 foot drive aisle to 15.5 feet; and 3) from the required 6 foot wide foundation landscaping area to existing
foundation landscaping area, property located at 4525 South Burnett Drive, City of South Bend - APC# 2700-
14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Davis Traub Real Estate LLC was legally advertised on
Thursday, April 03, 2014 and that the Area Plan Commission at its public hearing on Tuesday, April 15, 2014 took
the following action:
Upon a motion by John DeLee, being seconded by Daniel Brewer and unanimously carried, a
proposed ordinance of Davis Traub Real Estate LLC to zone from GI General Industrial District to GB
General Business District, property located at 4525 South Burnett Drive, City of South Bend, is sent to
the Common Council with a favorable recommendation. The rezoning to GB General Industrial
District will allow the site to host businesses that can co -exist within a small, mixed -use industrial
park.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
-,1-4, w
John W. Byorm
Attachment
CC: Davis Traub Real Estate LLC
Pet Refuge and Danch, Hamer & Associates
Filed in j, officta
E.PR I ?Q14
JC1efid VQt„';DE
CI IY CL ERR, SOU' H BEND, IN
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
wwwajwephcounrylndhna.mm/Ar aphn
Stafi Report 4/3/2014
APC # 2700 -14
Owner: Davis Traub Real Estate LLC
Location: 4525 South Burnett Drive
Jurisdiction: City of South Bend
Public Hearing Date: 4/15/2014
Requested Action:
The petitioner is requesting a zone change from GI General Industrial District to GB
General Business District to allow uses permitted in the GB General Business District and
three variances.
Land Uses and Zoning:
On site: On site is a vacant office building.
North: To the north is CMA Supply, zoned GI General Industrial District.
East: To the east, across Burnett Drive, is Master Metal Engineering and Hoosier
Spring, zoned GI General Industrial District.
South: To the south is the Kodiak indoor shooting range, zoned GI General
Industrial District. To the southwest is Pet Refuge, zoned GB General
Business District.
West: To the west is Silverline Molds zoned GI General Industrial District.
District Uses and Development Standards:
The GB General Business District is established to provide a location for those retail sales
and service functions whose operations are typically characterized by: outdoor display or
sales of merchandise; major repair of motor vehicles; commercial amusement and
recreational activities; or, activities or operations conducted in structures which are not
completely enclosed. The types of uses found in the GB District are often brightly lighted
and noisy. Permitted uses contained in this district are such that this district may be used
to form a grouping of similar uses along certain portions of major commercial
thoroughfares. Special attention should be paid to buffering whenever this district is
located adjacent to any residential district or residential uses.
Site Plan Description:
The total site is 1.28 acres. There is an existing one story 2,920 square foot building.
Seven existing parking spaces are to the east of the building and three additional are
proposed to the north of the building. The petitioner is requesting variances from the
perimeter and foundation landscaping requirements. Parking screening and dumpster
screening are provided.
Zoning and Land Use History And Trends:
In 1974, this area was rezoned to heavy industrial. Pet Refuge was rezoned to GB General
Business in 2012. In 2010, a Special Exception Use was approved for an indoor shooting
range and training facility for Kodiak Firing Range & Training Facility.
Traffic and Transportation Considerations:
Burnett Drive is a two lane road with access to Ireland Road.
APC# 2700 -14 Page 1 of
4/3/2014
Utilities:
This site will be served by public water and public sewer.
Agency Comments:
The Department of Community Investment gave a favorable recommendation. The City
Engineer had no comments.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
Objective ED 1.2 Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Map identifies this area as Heavy Industrial.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
This area is an established industrial park, with a mix of uses such as storage, truck
terminal, a medical support business, Pet Refuge and an indoor shooting range.
3. Most Desirable Use:
The most desirable use is one that can blend into the existing industrial park.
4. Conservation of Property Values:
Due to the mixed use character of the industrial park, surrounding property values should
not be affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow compatible businesses to move into an
established mixed use industrial park.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and three
variances from the development standards. The Commission will forward the rezoning to
the Council with or without .a recommendation and either approve or deny the variances.
The rezoning is from GI General Industrial District to GB General Business District.
The petitioner is also requesting the following three variances:
1) from the required Type A perimeter landscaping to existing trees as shown on site plan;
2) from the required 24 foot drive aisle to 15.5 feet; and
3) from the required 6 foot wide foundation landscaping area to existing foundation
landscaping area.
APC # 2700 -14 Page 2 of 3
staff Report
4/3/2014
State statues and the South Bend Zoning Ordinance require that certain standards must be
met before a variance or Special Exception Use can be approved. These standards are
attached and made part of the staff report.
Recommendation:
Based on information available prior to the public hearing the staff recommends that this
petition be sent to the Common Council with a favorable recommendation. The staff
recommends approval of the three variances.
Analysis:
The rezoning to GB General Industrial District will allow the site to host businesses that
can co -exist within a small, mixed -use industrial park. The variances meet the standards
for approval by accommodating the existing parking layout and landscaping on the lot.
APC # 2700 -14 Page 3 of 3
Variances
A variance from any of the development standards of the Zoning Ordinance may only be
approved upon the Board of Zoning Appeals making a written determination and
adopting appropriate Findings of Fact, based upon the evidence presented at a public
hearing, that:
(1) The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner; and,
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use ofthe property.
Special Exception / Special Use
A special use may only be granted upon making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
(2) The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein;
(3) The proposed use will be consistent with the character of the district in which
it is located and the land uses authorized therein;
(4) The proposed use is compatible with the recommendations of the
Comprehensive Plan.
Rezoning from:
"GI" GENERAL INDUSTRIAL DISTRICT to
"GB" GENERAL BUSINESS DISTRICT
MASTER ZONING KEY
COUNTY "M" MANUFACTURING INDUSTRIAL DISTRICT
SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT
SOUTH BEND "GB" GENERAL BUSINESS DISTRICT
SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT
13
1 inch = 300 feet
APC # 2700 -14
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4525 SOUTHBURNETTDRIVE, SOUTHBEND, INDIANA, 46614,
COUNCILMANIC DISTRICT N0. 6 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL
INDUSTRIAL DISTRICT TO GB GENERAL BUSINESS DISTRICT TO OPERATE A
VETERINARYHOSPITAL WITHBOARDING.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is amended in order that the zoning classification of the following described real
estate in the City of South Bend, St. Joseph County, State of Indiana:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37
NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS LOT 9 10 OF THE PLAT OF
"BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST.
JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 1.28 ACRES MORE OR LESS
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
be and the same is hereby established as GB General Business District.
SECTION II. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor, and legal publication.
Member of the Common Council
2
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 20_, at o'clock m.
City Clerk
Approved and signed by me on the day of
20 , at o'clock .m.
Mayor of the City of South Bend, Indiana
Ist PXADING 3 -2�— y
PUBLIC, HEAPING
3 rd READING
NOT A I?ROV0 .
1WERIM
FGif= : �: "f fee
MAR 19 2014
. __1
J
r,1T1(GLFRk.: ,;; . �n uEitiCP, IN