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Indiana

Title 15. Agriculture and Animals. Article 2.1. Animal Health. Chapter 6. Rabies; Title 15. Agriculture and Animals; Title 6. Taxation. Article 9. Innkeeper's Taxes; Other Local Taxes. Chapter 39. County Option Dog Tax.

Statute Details
Printable Version
Citation: IN ST 15-2.1-6-1 - 15-5-18-4



Summary:   These Indiana statutes comprise the state's dog laws.  Included are provisions on rabies, liability of owners for dog bites or damage to livestock, and taxation and registration laws, among others.


Statute in Full:

Title 15. Agriculture and Animals.  Article 2.1. Animal Health.  Chapter 6. Rabies.

Title 15. Agriculture and Animals.  Article 5. Livestock and Animal Control.

 

Title 15. Agriculture and Animals.  Article 2.1. Animal Health.  Chapter 6. Rabies.

15-2.1-6-1 Quarantine

15-2.1-6-2 Vaccination

15-2.1-6-3 Notice of order to vaccinate

15-2.1-6-4 Area for impounding dogs

15-2.1-6-5 Vaccination records

15-2.1-6-6 Board assistance to local officers

15-2.1-6-7 Impoundment, release and disposition of dogs

15-2.1-6-8 Expense of impoundment

15-2.1-6-9 Non-local dogs

15-2.1-6-10 Loose animals; impoundment or destruction; requisite procedures; costs

15-2.1-6-11 Destruction or confinement of animals; investigation of status of loose animals; impoundment

15-2.1-6-12 Duty to cooperate

15-2.1-6-13 Local ordinances

15-2.1-6-14 Emergency orders; nonexpiration

 

Title 15. Agriculture and Animals.  Article 5. Livestock and Animal Control. 

Abandoned Animals & Dogs Doing Damage:

15-5-1.1-33 Abandoned animals

15-5-7-1 Liability of owner or harborer

15-5-7-2 Authority to kill dog in act of killing or injuring livestock

 

Dog Taxes

Title 6. Taxation. Article 9. Innkeeper's Taxes; Other Local Taxes. Chapter 39. County Option Dog Tax.

6-9-39-1 "Animal care facility" defined

6-9-39-2 "Taxable dog" defined

6-9-39-3 Adoption of ordinance to impose tax on person who harbors taxable dog; maximum amount of tax

6-9-39-4 Rescission of ordinance imposing tax

6-9-39-5 Methods of tax collection; collection fee; county option dog tax return

6-9-39-6 Establishment of county option dog tax fund; establishment of canine research and education account; interest and investment income

6-9-39-7 Deposit of tax revenue; county appropriation of money from fund; establishment of requirements for distribution

6-9-39-8 State canine research and education account; appropriations to Purdue University School of Veterinary Science and Medicine

6-9-39-9 Adoption of licensing system for dogs prohibited if tax not in effect

15-5-9-1 - 15-5-9-6 Repealed (Repealed by P.L.162-2006, SEC.49.) See, now IC 6-9-39-3 to 6-9-39-5.

15-5-9-7 Repealed (Repealed by Acts 1978, P.L.2, SEC.1549.)

15-5-9-8 Repealed (Repealed by P.L.162-2006, SEC.49.)

15-5-9-9 Repealed (Repealed by Acts 1979, P.L.31, SEC.10.)

15-5-9-9.1 to 15-5-9-15 Repealed (Repealed by P.L.162-2006, SEC.49.)

15-5-9-17 Repealed (Repealed by P.L.162-2006, SEC.49.)

15-5-10-1 to 15-5-10-3 Repealed (Repealed by P.L.162-2006, SEC.49.)

15-5-11-1, 15-5-11-2 Repealed (Repealed by Acts 1978, P.L.2, SEC.1549.)

Title 15. Agriculture and Animals.  Article 5. Livestock and Animal Control. 

Dog Bite Provisions:

15-5-12-1 Dog bite liability

15-5-12-2 "Owner" defined

15-5-12-3 Dog bite liability; criminal

15-5-12-3.5 Coydog secure enclosure wolf hybrid defined liability of owner criminal

15-5-12-4 Dog bite liability; exemptions

15-5-12-5 Impoundment of animals; probable cause

15-5-12-6 Other powers not limited

Definitions & Euthanasia Provisions:

15-5-17-1 "Animal" defined

15-5-17-2 Destruction of animal by prohibited method; offense

15-5-18-1 Application of chapter

15-5-18-2 Bill of sale; required for sale

15-5-18-3 Bill of sale; maintenance and inspection

15-5-18-4 Bill of sale; consequences of inability to produce

Title 14. Natural and Cultural Resources. Article 22. Fish and Wildlife. Chapter 11. Licenses and Permits; General Provisions.

14-22-11-1 License; requirement; conditions

 

Title 15. Agriculture and Animals.  Article 2.1. Animal Health.  Chapter 6. Rabies.

15-2.1-6-1 Quarantine

Sec. 1. (a) The state veterinarian may declare a quarantine against rabies in any county, township, city or town, or designated part of any county, township, city or town whenever he finds that rabies exist in such area to the extent that the health or lives of persons or domestic animals are endangered.

(b) Whenever a quarantine has been declared, the owner or caretaker of an animal in the quarantine area shall confine the animal:

(1) on the premises of the owner; or

(2) in a suitable place for the impounding and care of animals as provided in this chapter, which place shall be subject to approval of the state veterinarian.

(c) A quarantine order may specify the circumstances and conditions under which owners may remove animals from the owner's premises or an impoundment facility.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by P.L.72-1998, SEC.1.

15-2.1-6-2 Vaccination

Sec. 2. (a) When a quarantine has been declared, the state veterinarian may order any animal, species of animal, or group of animals in the quarantined area vaccinated within a period stipulated in the order and the cost of the antirabies immunization shall be borne by the owner of the animal. However, local health departments or political subdivisions of government may furnish antirabies immunization without charge to owners who are unable to pay for the immunization.

(b) When an order for a rabies vaccination is made, any animal within the quarantined area whose owner refuses to have the owner's animal vaccinated shall be seized and disposed of by the state veterinarian, the state veterinarian's representative, or any person having police power within the quarantined area.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by Acts 1977, P.L.166, SEC.18; P.L.72-1998, SEC.2.

15-2.1-6-3 Notice of order to vaccinate

Sec. 3. (a) Whenever the state veterinarian has issued an order under section 2 of this chapter:

(1) the state veterinarian shall give notice of the order to the county health officer of the county within which the quarantined area is located; and

(2) the county health officer shall:

(A) publish notice of the order as provided in IC 5-3-1; and

(B) deliver a copy of the order to the sheriff of the county.

(b) The sheriff shall assist in the enforcement of this chapter.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by P.L.72-1998, SEC.3.

15-2.1-6-4 Area for impounding dogs

Sec. 4. The county board of commissioners of each county in which the quarantined area is located shall furnish a suitable area or quarters:

(1) for the impounding and care of animals that may be impounded under this chapter; and

(2) that must comply with the rules adopted by the board.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by P.L.72-1998, SEC.4.

15-2.1-6-5 Vaccination records

Sec. 5. (a) Whenever an animal is vaccinated for rabies in Indiana, the veterinarian vaccinating the animal shall:

(1) make and keep a record of the vaccination; and

(2) give one (1) copy of the record to the owner of the animal.

(b) The vaccinated animal must be identified as vaccinated according to rules adopted by the board. The board may adopt additional rules for documenting rabies vaccinations and for the identification of animals that have been vaccinated for rabies.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by Acts 1977, P.L.166, SEC.19; P.L.72-1998, SEC.5.

15-2.1-6-6 Board assistance to local officers

Sec. 6. Board Assistance to Local Officers. Whenever quarantine has been declared under the provisions of this chapter, the state veterinarian shall send a representative, agent or employee into the area for the purpose of assisting the local health officers in the development of a program or programs for the control of rabies in that area and assist the local law enforcement officers in the enforcement of the quarantine requirements.

CREDIT(S)
As added by Acts 1976, P.L.59, SEC.1.

15-2.1-6-7 Impoundment, release and disposition of dogs

Sec. 7. (a) Any animal found running at large in violation of a quarantine declared under section 1 of this chapter may be impounded as provided in the quarantine order, in the area or quarters provided by the board of county commissioners. During such period of time the owner may obtain possession of the animal by doing all of the following:

(1) Paying the expenses of the animal's board, and all tax or license fees which may be due and unpaid on the animal.

(2) Having the animal vaccinated and paying for the vaccination or furnishing evidence that the animal was vaccinated during the previous twelve (12) months.

(3) Paying the impounding fee fixed by the county board of commissioners.

(b) An animal not redeemed under subsection (a) shall be disposed of in a manner prescribed by the local health officer having jurisdiction.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by P.L.72-1998, SEC.6.

15-2.1-6-8 Expense of impoundment

Sec. 8. Whenever a quarantine has been declared by the state veterinarian under section 1 of this chapter, the expense of operating the pound, including food for animals impounded and expense of personnel, shall be paid out of the general fund of the county without appropriation unless there be funds regularly appropriated for such purpose in which event it shall be paid out of such appropriated funds.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by P.L.72-1998, SEC.7.

15-2.1-6-9 Non-local dogs

Sec. 9. When a quarantine is declared under section 1 of this chapter, all animals brought into a quarantined area, except for exhibition purposes where animals are confined and not permitted to run at large, shall be subject to the same provisions and restrictions as animals already located within the quarantined area.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by P.L.72-1998, SEC.8.

15-2.1-6-10 Loose animals; impoundment or destruction; requisite procedures; costs

Sec. 10. (a) It is the duty of all police officers to impound or destroy an animal found running at large:

(1) during a quarantine ordered under section 1 of this chapter; or

(2) that is the subject of an order of confinement under section 11 of this chapter.

(b) A police officer or other authorized individual shall impound an animal that is subject to quarantine or confinement under this chapter if a statement is provided to the officer or authorized individual that states that the animal has broken quarantine or confinement. The statement must be:

(1) in writing;

(2) given under oath;

(3) signed by at least two (2) individuals; and

(4) must include the name and address of the owner or suspected owner of the animal if known.

(c) When possible, the authorized individual or agency contacted under this section shall give written notice to the owner or suspected owner of the animal before destroying and upon impounding that animal.

(d) All costs incurred by a local government relating to the impoundment of an animal under subsection (b) shall be paid by the owner of the animal.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by P.L.189-1987, SEC.1; P.L.72-1998, SEC.9.

15-2.1-6-11 Destruction or confinement of animals; investigation of status of loose animals; impoundment

Sec. 11. (a) Even if an order has not been issued under section 1 of this chapter, the state veterinarian, the local health officer having jurisdiction, or an individual designated by the state veterinarian or the local health officer having jurisdiction may do the following:

(1) Order the confinement and destruction of any animal showing clinical symptoms of rabies for laboratory diagnosis.

(2) Order the confinement of any animal suspected of having rabies.

(3) Order the confinement of any animal that has bitten or otherwise exposed a person.

(4) Order the confinement and destruction of any animal that has bitten or otherwise potentially exposed a person to rabies.

(b) When possible, the state veterinarian or local health officer exercising authority under this section shall give written notice to the owner or suspected owner of the animal:

(1) upon impounding; and

(2) before destroying;

that animal.

(c) The period of confinement ordered under subsection (a) must be:

(1) of at least ten (10) days duration;

(2) under the supervision of:

(A) the state veterinarian; or

(B) a licensed, accredited veterinarian, or a person designated by the official exercising authority under this chapter; and

(3) at the expense of the owner.

(d) Any animal that has been bitten by a domestic or feral animal suspected or known to have rabies may be:

(1) confined for not more than twelve (12) months at the owner's expense; or

(2) destroyed.

(e) Whenever informed that an animal subject to an order of quarantine or an order of destruction or confinement under subsection (a) is running at large, the official who issued the order, or the official's designee, shall investigate the status of the animal. If the investigating official is given a statement that complies with section 10(b) of this chapter, the investigating official may order the animal impounded and, if necessary, provide the statement to a law enforcement officer for action under section 10 of this chapter.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by Acts 1977, P.L.166, SEC.20; P.L.189-1987, SEC.2; P.L.95-1992, SEC.5; P.L.26-1997, SEC.2; P.L.72-1998, SEC.10.

15-2.1-6-12 Duty to cooperate

Sec. 12. The state department of health and the local health officers shall cooperate with the state veterinarian in the rabies control program.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1. Amended by P.L.2-1992, SEC.206.

15-2.1-6-13 Local ordinances

Sec. 13. Local Ordinances. This chapter shall not be construed as repealing or prohibiting municipal ordinances on rabies control or divesting municipalities of existing rights or powers related to rabies control which are not in conflict with this chapter.

CREDIT(S)

As added by Acts 1976, P.L.59, SEC.1.

15-2.1-6-14 Emergency orders; nonexpiration

Sec. 14. (a) For purposes of IC 4-21.5, an order issued under this chapter is an emergency order.

(b) Notwithstanding IC 4-21.5-4-5(a)(3), an emergency order issued under this chapter does not expire.

CREDIT(S)

As added by P.L.26-1997, SEC.3.

Title 15. Agriculture and Animals.  Article 5. Livestock and Animal Control.  Chapter 1. State Board of Veterinary Medical Examiners: Creation and Name Change to.

 

15-5-1.1-33 Abandoned animals

Sec. 33. (a) An animal placed in the custody of a veterinarian shall be considered to be abandoned five (5) days after the veterinarian has given written notice to the individual who delivered the animal to the veterinarian that the animal should be reclaimed by the individual. Such written notice shall be delivered to the place given by the individual as the individual's mailing address at the time the individual delivered the animal to the veterinarian.

(b) Abandonment of an animal under this section constitutes the relinquishment of all rights and claims by the owner of the animal and it may be sold or otherwise disposed of as the veterinarian may see fit and the purchaser or donee of the animal shall receive full and clear title to the animal.

(c) The giving of notice as provided in this section relieves the veterinarian and all persons who receive such an animal from the veterinarian of criminal or civil liability.

(d) The individual who delivered an animal abandoned under this section is liable for all reasonable and customary expenses incurred for diagnosis, treatment, hospitalization, surgery, board, euthanasia, and disposal of the abandoned animal.

CREDIT(S)

As added by Acts 1979, P.L.146, SEC.1. Amended by P.L.71-2000, SEC.15.

15-5-7-1 Liability of owner or harborer

Sec. 1. If a dog kills or injures any livestock while the livestock is in the care, custody, and control of the livestock's owner or the owner's agent, the owner or harborer of the dog is liable to the owner of the livestock for all damages sustained, including reasonable attorney's fees and the court costs.

CREDIT(S)

As amended by Acts 1978, P.L.79, SEC.1; Acts 1981, P.L.163, SEC.1; P.L.162-2006, SEC.37.

15-5-7-2 Authority to kill dog in act of killing or injuring livestock

Sec. 2. Anyone may, with the consent of the person in possession of real estate on which a dog is found, kill the dog if he has observed the dog in the act of killing or injuring livestock.

CREDIT(S)
As amended by Acts 1978, P.L.79, SEC.2.

Title 6. Taxation. Article 9. Innkeeper's Taxes; Other Local Taxes. Chapter 39. County Option Dog Tax.

6-9-39-1 "Animal care facility" defined
Sec. 1. As used in this chapter, "animal care facility" includes an animal control center, an animal shelter, a humane society, or another animal impounding facility that has as its purpose the humane treatment of animals.
CREDIT(S)
As added by P.L.162-2006, SEC.36.

6-9-39-2 "Taxable dog" defined
Sec. 2. As used in this chapter, "taxable dog" means a dog at least six (6) months of age.
CREDIT(S)
As added by P.L.162-2006, SEC.36.

6-9-39-3 Adoption of ordinance to impose tax on person who harbors taxable dog; maximum amount of tax
Sec. 3. (a) The fiscal body of a county may adopt an ordinance to impose a tax on a person who harbors or keeps a taxable dog in or near the person's premises in the county, regardless of who owns the taxable dog. A person who harbors or keeps a taxable dog in the county is liable for the tax.
(b) A tax imposed under this section may not exceed five dollars ($5) per year for each taxable dog.
(c) The maximum amount of county option dog tax per year that may be imposed by an ordinance adopted under this section for taxable dogs kept in a kennel for breeding, boarding, training, or sale is an amount equal to the lesser of:
(1) the county option dog tax liability calculated without regard to this subsection for taxable dogs kept in the kennel for breeding, boarding, training, or sale; or
(2) for a kennel in which:
(A) more than six (6) taxable dogs are kept for breeding, boarding, training, or sale, fifty dollars ($50); or
(B) not more than six (6) taxable dogs are kept for breeding, boarding, training, or sale, thirty dollars ($30).
CREDIT(S)
As added by P.L.162-2006, SEC.36.

6-9-39-4 Rescission of ordinance imposing tax
Sec. 4. If an ordinance adopted under section 3 of this chapter is in effect in a county, the fiscal body of the county may rescind the ordinance imposing the county option dog tax.
CREDIT(S)
As added by P.L.162-2006, SEC.36.

6-9-39-5 Methods of tax collection; collection fee; county option dog tax return
Sec. 5. (a) The fiscal body of a county may collect a county option dog tax imposed under section 3 of this chapter by any combination of the following methods:
(1) By designating one (1) or more persons in the county to collect the tax.
(2) By requiring a person who harbors or keeps a taxable dog to submit a complete and accurate county option dog tax return.
(3) By a method other than a method described in subdivision (1) or (2) as determined by the fiscal body of the county.
(b) A designee under subsection (a)(1) may retain a fee from the tax collected for each taxable dog in an amount determined by the fiscal body not to exceed seventy-five cents ($0.75). A designee shall remit the balance of the money collected to the county treasurer by the tenth day of each month.
(c) If a fiscal body chooses to collect a county option dog tax imposed under section 3 of this chapter by requiring the submission of a county option dog tax return under subsection (a), the county treasurer may include a county option dog tax return form with every property tax statement that is mailed to a person under IC 6-1.1-22-8(a)(1).
(d) The department of local government finance shall prescribe a county option dog tax return form that a county may use for the reporting of county option dog tax liability.
CREDIT(S)
As added by P.L.162-2006, SEC.36.

6-9-39-6 Establishment of county option dog tax fund; establishment of canine research and education account; interest and investment income
Sec. 6. (a) If a county fiscal body adopts an ordinance under section 3 of this chapter, the county treasurer shall establish a county option dog tax fund.
(b) At the time a county option dog tax fund is established under subsection (a), the county treasurer shall establish a canine research and education account within the county option dog tax fund established under subsection (a).
(c) Interest and investment income derived from money in a county option dog tax fund becomes part of the county option dog tax fund.
(d) Money in a county's county option dog tax fund at the end of a calendar year does not revert to the county's general fund.
CREDIT(S)
As added by P.L.162-2006, SEC.36.

6-9-39-7 Deposit of tax revenue; county appropriation of money from fund; establishment of requirements for distribution
Sec. 7. (a) A county treasurer that receives county option dog tax revenue under section 5 of this chapter shall deposit the money in the county option dog tax fund according to the following allocation:
(1) Twenty percent (20%) for the canine research and education account established under section 6(b) of this chapter.
(2) Eighty percent (80%) for the uses designated by the fiscal body of the county under subsection (c).
(b) If an ordinance adopted under section 3 of this chapter is in effect in a county, the county auditor and the county treasurer shall include the county option dog tax revenue received by the county treasurer in the settlement procedures described in IC 6-1.1-27. Amounts accumulated in the county canine research and education account shall be paid to the state treasurer in accordance with the procedure described under IC 6-1.1-27-3.
(c) The fiscal body of a county that imposes a tax under this chapter may appropriate money in the county option dog tax fund, other than money allocated to the canine research and education account established under section 6(b) of this chapter, for any of the following purposes:
(1) The use of animal care facilities.
(2) Animal control, including dead animal disposal.
(3) Reimbursement to farmers for livestock kills.
(4) Reimbursement to people who have undergone rabies post exposure prophylaxis.
(d) The fiscal body of a county that imposes a tax under this chapter may establish requirements according to which individuals or entities are eligible to receive distributions of money appropriated for a purpose described in subsection (c).
CREDIT(S)
As added by P.L.162-2006, SEC.36.

6-9-39-8 State canine research and education account; appropriations to Purdue University School of Veterinary Science and Medicine
Sec. 8. (a) A special canine research and education account within the state general fund shall be established. Any payments issued to the state under section 7(b) of this chapter shall be deposited in the canine research and education account in the state general fund.
(b) Any income earned on money held in the canine research and education account established under subsection (a) becomes a part of that account.
(c) Any revenue remaining in the canine research and education account
established under subsection (a) at the end of a fiscal year does not revert to the state general fund.
(d) There is annually appropriated to the Purdue University School of Veterinary Science and Medicine from the canine research and education account established under subsection (a) an amount equal to the sum of money deposited in the canine research and education account during the state fiscal year for its use in conducting canine disease research and education.
(e) On or about August 1 of each year, if there is a positive amount in the canine research and education account established under subsection (a), the auditor of state shall issue a warrant to the Purdue University School of Veterinary Science and Medicine for an amount equal to the amount of money accumulated in the canine research and education account.
CREDIT(S)
As added by P.L.162-2006, SEC.36.

6-9-39-9 Adoption of licensing system for dogs prohibited if tax not in effect
Sec. 9. After July 1, 2006, a county or a municipality (as defined in IC 36- 1-2-11) of the county may not adopt an ordinance implementing a licensing system for dogs unless the county option dog tax under this chapter is in effect in the county.
CREDIT(S)
As added by P.L.162-2006, SEC.36.

 15-5-9-1 to 15-5-9-6 Repealed (Repealed by P.L.162-2006, SEC.49.)

15-5-9-7 Repealed (Repealed by Acts 1978, P.L.2, SEC.1549.)
15-5-9-8 Repealed (Repealed by P.L.162-2006, SEC.49.)
15-5-9-9 Repealed (Repealed by Acts 1979, P.L.31, SEC.10.)
15-5-9-9.1 to 15-5-9-15 Repealed (Repealed by P.L.162-2006, SEC.49.)
15-5-9-16 Repealed (Repealed by P.L.121-1988, SEC.9.)
15-5-9-17 Repealed (Repealed by P.L.162-2006, SEC.49.)
15-5-10-1 to 15-5-10-3 Repealed (Repealed by P.L.162-2006, SEC.49.)
15-5-11-1, 15-5-11-2 Repealed (Repealed by Acts 1978, P.L.2, SEC.1549.)

Title 15. Agriculture and Animals. Article 5. Livestock and Animal Control. Chapter 12. Liability for Dog Bites.

15-5-12-1 Dog bite liability

Sec. 1. If a dog, without provocation, bites any person who is peaceably conducting himself in any place where he may be required to go for the purpose of discharging any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States of America, the owner of such dog may be held liable for any damages suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

HISTORICAL AND STATUTORY NOTES
1997 Main Volume
Formerly:
Acts 1951, c. 37, s. 1.

15-5-12-2 "Owner" defined

Sec. 2. As used in this chapter, "owner" means the owner of a dog. The term includes a possessor, keeper, or harborer of a dog.

CREDIT(S)

As added by P.L.176-1993, SEC.1.

15-5-12-3 Dog bite liability; criminal

Sec. 3. (a) An owner of a dog commits a Class C misdemeanor if the owner recklessly, knowingly, or intentionally fails to take reasonable steps to restrain the dog and:

(1) the dog enters property other than the property of the dog's owner; and

(2) as the result of the failure to restrain the dog, the dog bites or attacks another person resulting in unprovoked bodily injury to the other person;

except as provided in subsection (b).

(b) The offense under subsection (a) is:

(1) a Class B misdemeanor if the person has been convicted of one (1) previous unrelated violation of this section;

(2) a Class A misdemeanor if:

(A) the person has been convicted of more than one (1) previous unrelated violation of this section; or

(B) the violation results in serious bodily injury to a person;

(3) a Class D felony if the owner recklessly violates this section and the violation results in the death of a person; and

(4) a Class C felony if the owner intentionally or knowingly violates this section and the violation results in the death of a person.

(c) This subsection does not apply to a nonaggressive dog that goes beyond the owner's premises onto agricultural or forested land. An owner of a dog commits a Class D infraction if the owner of the dog allows the dog to stray beyond the owner's premises, unless the dog is under the reasonable control of an individual or the dog is engaged in lawful hunting and accompanied by the owner or a custodian of the dog. However, the offense is a Class C infraction if the owner has a prior unrelated judgment for a violation of this subsection.

CREDIT(S)

As added by P.L.176-1993, SEC.2. Amended by P.L.220-2007, SEC.1.

 

15-5-12-3.5 "Coydog" defined; "secure enclosure" defined; "wolf hybrid" defined; liability of owner; criminal

Sec. 3.5. (a) The following definitions apply throughout this section:

(1) "Coydog" means:

(A) an animal that is the offspring of a coyote and another animal; or

(B) an animal that is the offspring of:

(i) an animal that is the offspring of a coyote and another animal; and

(ii) another animal.

(2) "Secure enclosure" means an outdoor pen that is:

(A) roofed or that has sides at least six (6) feet tall; and

(B) constructed in such a manner that the type of animal contained within the pen cannot reasonably be expected to escape.

(3) "Wolf hybrid" means:

(A) an animal that is the offspring of a wolf and another animal; or

(B) an animal that is the offspring of:

(i) an animal that is the offspring of a wolf and another animal; and

(ii) another animal.

(b) An owner of a wolf hybrid or coydog commits a Class B infraction if the owner:

(1) fails to keep the animal in a building or secure enclosure; or

(2) does not keep the animal under the reasonable control of an individual on a leash not more than eight (8) feet in length.

An owner who tethers or chains a coydog or wolf hybrid does not comply with this subsection.

(c) An owner of a wolf hybrid or coydog commits a Class B misdemeanor if the owner recklessly, knowingly, or intentionally fails to comply with subsection (b) and:

(1) the wolf hybrid or coydog enters property other than the property of the owner; and

(2) the wolf hybrid or coydog causes damage to livestock or the personal property of another individual.

(d) The offense under subsection (c) is:

(1) a Class A misdemeanor if the owner has one (1) prior unrelated conviction under this section;

(2) a Class D felony if:

(A) the owner has more than one (1) prior unrelated conviction for a violation under this section; or

(B) the person knowingly, intentionally, or recklessly fails to comply with subsection (b) and the failure to comply results in serious bodily injury to a person; and

(3) a Class C felony if the owner knowingly, intentionally, or recklessly fails to comply with subsection (b) and the failure to comply results in the death of a person.

(e) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance:

(1) prohibiting a person from possessing a wolf hybrid or coydog; or

(2) imposing:

(A) a penalty of more than one thousand dollars ($1,000) up to the limits prescribed in IC 36-1-3-8(a)(10)(B) for violating the provisions of subsection (b); or

(B) conditions on the possession of a wolf hybrid or coydog that are more stringent than the provisions of subsection (b).

CREDIT(S)

As added by P.L.220-2007, SEC.2

15-5-12-4 Dog bite liability; exemptions

Sec. 4. An owner of a dog is exempt under section 3 of this chapter if the dog commits an act described in section 3 of this chapter during the period that the dog is owned by:

(1) the United States;

(2) an agency of the United States; or

(3) a governmental entity (as defined in IC 34-6-2-49);

and the dog is engaged in assisting the owner or the owner's agent in the performance of law enforcement or military duties.

CREDIT(S)

As added by P.L.176-1993, SEC.3. Amended by P.L.2-1995, SEC.70; P.L.1-1998, SEC.115.

15-5-12-5 Impoundment of animals; probable cause

Sec. 5. If a law enforcement officer or any other person having authority to impound animals has probable cause to believe that there has been a violation of section 3 of this chapter, IC 35-46-3-6 applies.

CREDIT(S)

As added by P.L.176-1993, SEC.4.

15-5-12-6 Other powers not limited

Sec. 6. This chapter does not limit the power of an agency of the state or a political subdivision to adopt a rule or an ordinance that does not conflict with this chapter.

CREDIT(S)

As added by P.L.176-1993, SEC.5.

Title 15. Agriculture and Animals. Article 5. Livestock and Animal Control. Chapter 17. Prohibited Methods of Destroying Animals.

15-5-17-1 "Animal" defined

Sec. 1. As used in this chapter, "animal" has the meaning set forth in IC 35-46-3-3.

CREDIT(S)

As added by P.L.193-1987, SEC.5.

15-5-17-2 Destruction of animal by prohibited method; offense

Sec. 2. (a) This section does not apply to the following:

(1) A state or federally inspected livestock slaughtering facility (for conduct authorized by IC 15-2.1-24 and rules adopted under that chapter).

(2) An animal disease diagnostic laboratory established under IC 21-46-3-1.

(3) A postsecondary educational institution.

(4) A research facility licensed by the United States Department of Agriculture.

(b) A person who knowingly or intentionally destroys or authorizes the destruction of an animal:

(1) by means of placing the animal in a decompression chamber and lowering the pressure of or the oxygen content in the air surrounding the animal; or

(2) by electrocution;

commits a Class B misdemeanor.

CREDIT(S)

As added by P.L.193-1987, SEC.5. Amended by P.L.2-1993, SEC.126; P.L.137-1996, SEC.57; P.L.2-2007, SEC.177.

 

Title 15. Agriculture and Animals. Article 5. Livestock and Animal Control. Chapter 18. Sale of Dogs to Laboratories.

15-5-18-1 Application of chapter

Sec. 1. This chapter applies to the sale of dogs to the following:

(1) Research laboratories.

(2) Any laboratory that uses animals for the production of medicines or other products.

CREDIT(S)

As added by P.L.143-1996, SEC.1.

15-5-18-2 Bill of sale; required for sale

Sec. 2. A person who sells a dog to a laboratory must show a valid bill of sale for the dog from:

(1) a breeder or kennel;

(2) an animal control facility; or

(3) a private individual;

to the individual who purchases animals for the laboratory.

CREDIT(S)

As added by P.L.143-1996, SEC.1.

15-5-18-3 Bill of sale; maintenance and inspection

Sec. 3. A person who sells a dog to a laboratory must:

(1) maintain the bill of sale for the dog; and

(2) allow a law enforcement officer to inspect the bill of sale;

for not less than one (1) year after the sale of the dog to a laboratory.

CREDIT(S)

As added by P.L.143-1996, SEC.1.

15-5-18-4 Bill of sale; consequences of inability to produce

Sec. 4. If a person is unable to show a valid bill of sale for a dog:

(1) a laboratory may not purchase the dog; and

(2) there is a rebuttable presumption that the dog is stolen.

CREDIT(S)

As added by P.L.143-1996, SEC.1.

Title 14. Natural and Cultural Resources. Article 22. Fish and Wildlife. Chapter 11. Licenses and Permits; General Provisions.

14-22-11-1 License; requirement; conditions

Sec. 1. (a) As used in this section, "farmland" means agricultural land that is:

(1) devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock; or

(2) assessed as agricultural land for property tax purposes.

(b) An individual may not take or chase, with or without dogs, a wild animal without having a license, except as follows:

(1) An individual who is a resident or nonresident of Indiana while participating in a field trial that has been sanctioned by the director is not required to possess a license while participating in the trial.

(2) Subject to subsection (d), an owner of farmland located in Indiana who is a resident or nonresident of Indiana and the spouse and children living with the owner may hunt, fish, and trap without a license on the land that the owner owns.

(3) A lessee of farmland who farms that land and is a resident of Indiana and the spouse and children living with the lessee may hunt, fish, and trap without a license on the leased land. This subdivision does not apply to land that is:

(A) owned, leased, or controlled by; and

(B) leased from;

the department.

(4) An individual who:

(A) is less than thirteen (13) years of age;

(B) does not possess a bow or firearm; and

(C) is accompanying an individual who:

(i) is at least eighteen (18) years of age; and

(ii) holds a valid license;

may chase a wild animal without having a license.

(c) The exceptions provided in this section do not apply to a commercial license issued under this article.

(d) The right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license under subsection (b)(2) is subject to the following conditions:

(1) The nonresident may hunt, fish, and trap on the farmland without a license only if the state in which the nonresident resides allows residents of Indiana who own land in that state to hunt, fish, and trap on their land without a license.

(2) While hunting, fishing, or trapping on the farmland, the nonresident must keep proof that the nonresident owns the farmland (for example, a tax receipt identifying the nonresident as owner) in a place where the proof is readily accessible by the nonresident.

CREDIT(S)

As added by P.L.1-1995, SEC.15. Amended by P.L.139-1997, SEC.1; P.L.25-1998, SEC.1; P.L.186-2003, SEC.60.

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