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Responsible Animal and Pet Ownership Care and Control Regulation Ordinance <br />Page 26 <br />1. Whenever possible, any complaint received from a member of the public which <br />serves as the evidentiary basis for finding probable cause shall be sworn to and <br />verified by the complainant and shall be provided to the Animal Control <br />Commission. <br />2. The hearing will be held within ten (10) calendar days at a special meeting of the <br />Animal Control Commission and shall be open to the public. 6 <br />3. The owner /guardian of the animal shall be served with notice of the hearing by <br />certified mail or in person. Such notice shall include a summary of the complaint <br />against the owner /guardian of the animal(s) involved. <br />4. The Shelter Manager of South Bend Animal Care and Control (SBACC) shall <br />notify the owner /guardian of the animal of the date and time of such hearing, at <br />which time he or she may present evidence as to why the animal should not be <br />declared potentially dangerous or vicious. <br />a. Such evidence may include eyewitness testimony of the incident; or <br />b. Evidence that the action of the animal and the damage sustained by the <br />person or other animal could have reasonably been expected to occur <br />given the circumstances of the event. Such circumstances may include, but <br />are not limited to: willful trespass upon the owner /guardian's property; <br />teasing, tormenting, abusing or assaulting the animal; and /or attempted <br />abuse or assault upon the owner /guardian. <br />5. The Animal Control Commission may consider all relevant evidence, including <br />incident reports, affidavits of witnesses, photographs and/or video media, and <br />whether the incident reasonably indicates whether or not the animal in question is <br />potentially dangerous and /or vicious in ordinary circumstances where the average <br />person could not reasonably be expected to foresee and take measures to prevent <br />injury. <br />6. If the. owner /guardian of the animal fails to appear at the hearing, the Animal <br />Control Commission may find owner /guardian in default, and all ownership rights <br />of the animals shall be assumed waived. <br />7. After the hearing, the owner /guardian of the animal shall be notified in writing of <br />the determination by certified mail or in person. <br />a. If a determination is made that the animal is potentially dangerous or <br />vicious, the owner /guardian shall comply with this section's requirements <br />for restraint in accordance within seven (7) days after the date of the <br />determination. <br />26 Indiana Code § 5- 14 -1.5 -5 of the Indiana Open Door Law requires forty -eight (48) hour notice before a meeting. <br />