§ 5-38. Potentially 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 vicious.

(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.

(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.

b.

An animal determined to be vicious shall be euthanized 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 euthanized, 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 Law 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.

(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 muzzled and restrained by a leash, of no more than six (6) feet in length, and if it is under the control of a responsible adult. Sub-paragraphs (1) through (8) of paragraph (d) set forth below shall be required conditions, except for the length of leash.

(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.

(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 three (3) feet 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 three hundred thousand dollars ($300,000.00) for the animal.

(8)

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 (1) 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 (50) feet.

(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.

(3)

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 (1) request for reconsideration per year to the Animal Control Commission to have the designation of potentially dangerous or vicious removed from his or her animal.

a.

The application must be in writing.

b.

The application must be filed with 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.

f.

The Animal Control Commission may make a decision to remove or not to remove such designation.

(g)

Due to the overriding public health and safety concerns of potentially dangerous animals, the provisions of this section are purposely intended to be reasonable, yet more restrictive. If a conflict arises, the provisions of this section shall prevail due to the public health and safety concerns.

(Ord. No. 10309-14, § I, 5-28-14)