04-28-14 Council Agenda & Packet

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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.