14–22–26–1 Applicability of chapter
14–22–26–2 “Zoological park” defined
14–22–26–3 Rules regarding permits
14–22–26–4 Form; issuance; expiration; fee
14–22–26–5 Suspension; seizure and holding of animals
14–22–26–6 Rules regarding safety and health
Sec. 1. This chapter does not apply to the following licenses:
(1) Commercial animal dealers, breeders, or exhibitors licensed by the United States Department of Agriculture for species of wild and exotic animals that can be possessed without a permit or license from the department under this article.
(2) Zoological parks.
(3) Circuses or carnivals.
(4) Research facilities and universities licensed or registered with the United States Department of Agriculture.
(5) An organization or a person temporarily housing a wild animal at the request of the department.
As added by P.L.1-1995, SEC.15. Amended by P.L.141-2022, SEC.40, eff. July 1, 2022.
Sec. 2. As used in this chapter, “zoological park” means a permanent establishment that is accredited by the Association of Zoos and Aquariums.
As added by P.L.1-1995, SEC.15. Amended by P.L.141-2022, SEC.41, eff. July 1, 2022.
Sec. 3. The director may adopt rules under IC 4-22-2 to require and issue the following:
(1) A permit to possess a wild animal protected by statute or rule.
(2) A permit to possess a wild animal that may be harmful or dangerous to people, domestic animals, or wild animals.
As added by P.L.1-1995, SEC.15. Amended by P.L.141-2022, SEC.42, eff. July 1, 2022.
Sec. 4. A permit issued under this chapter:
(1) must be in the form prescribed by the director;
(2) may not be issued unless the director is satisfied that the permit should be issued;
(3) has an expiration date fixed by the director; and
(4) subject to IC 14-22-2-10, has a minimum fee of ten dollars ($10).
As added by P.L.1-1995, SEC.15. Amended by P.L.195-2017, SEC.32, eff. July 1, 2017.
Sec. 5. (a) If an emergency exists, the director may summarily suspend a permit issued under this chapter. The director may summarily seize and hold an animal for which a permit is required under this chapter, pending the outcome of the proceedings under this section, if either of the following conditions exist:
(1) A permit has not been issued to possess the animal.
(2) A permit has been issued to possess the animal, but the director believes that an emergency exists because at least one (1) of the following conditions exists:
(A) The animal is in a position to harm another animal.
(B) The life or health of the animal is in peril.
(b) After suspending a permit or seizing and holding an animal under subsection (a), the department shall proceed as quickly as feasible to provide the opportunity for completed adjudicative proceedings under IC 4-21.5. The proceedings may result in the revocation, temporary suspension, or modification of the permit. Provision may be made for a final disposition with respect to the wild animal, including confiscation of the animal. IC 4-21.5 provides the exclusive remedy available to a person aggrieved by a determination of the department under this section.
(c) The director may contract with experts in the handling of animals for which a permit is required under this chapter to assist the director in seizing and holding an animal under this section. A person who seizes and holds an animal under a contract with the director is not subject to legal action arising from the seizure or holding to the same extent as if the person was an employee of the department.
(d) The owner of an animal seized under this section is liable for the costs of seizing and holding the animal and of the proceedings under this section, including a trial, if any.
(e) A law enforcement officer or an employee of the department is not liable for the destruction of a permitted animal that escapes an enclosure and poses a threat to public safety.
As added by P.L.1-1995, SEC.15. Amended by P.L.141-2022, SEC.43, eff. July 1, 2022.
Sec. 6. Rules adopted under this chapter must provide for the following:
(1) The safety of the public.
(2) The health of the animals.
As added by P.L.1-1995, SEC.15.