INDIANA LAW

IC 15-20-1-4
Dog bite liability; criminal offense
    
Sec. 4. (a) Except as provided in subsection (b), the owner of a dog commits a Class C misdemeanor if:
        (1) the owner recklessly, knowingly, or intentionally fails to take reasonable steps to restrain the dog;
        (2) the dog enters property other than the property of the dog's owner; and
        (3) as the result of the owner's failure to restrain the dog, the dog bites or attacks another person without provocation, resulting in bodily injury to the other person.
    (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.
As added by P.L.2-2008, SEC.11.

 

COUNTY ORDINANCE

ORDINANCE NO. 1991-4

ORDINANCE

of

BOARD OF COMMISSIONERS

of

RIPLEY COUNTY

(An ordinance regarding vicious dogs)

    WHEREAS, the Board of Commissioners of Ripley County find that "vicious" dogs are a threat to the health and safety of the citizens of Ripley County and that is in the public interest to control said animals:

       NOW THEREFORE BE IT ORDAINED:

       SECTION 1:     Definition of Terms

        A.        "Owner" means any person, firm, corporation, organization or department possessing of harboring or having the care or custody of a dog.

        B.        "Vicious dog" means:

                    1.        Any dog with a known propensity, tendency or disposition to attack unprovoked to cause injury to, or otherwise threaten the safety of

                               human beings or domestic animals; or 

                    2.        Any dog which because of its size, physical nature, or vicious propensity is capable of inflicting serious physical harm or death to humans and   

                                which would constitute a danger to human life or property if it were not kept in the manner required by this ordinance: or

                    3.        Any dog which, without provocation, attacks or bites or has attacked or bitten a human being or domestic animal: or

                    4.        Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.

        C.        A vicious dog is "unconfined" if the dog is not securely confined indoors of confined in a securely enclosed and locked pen or structure upon the

                     premises of the owner of the dog.  The pen or structure must have secure sides and secure top attached to the sides.  If the pen or structure has no

                     bottom secured to the sides, the sides must be embedded into the ground no less than one foot.  All such pens or structures must be adequately lighted

                     and kept in a clean sanitary condition.

       Section 2:    Confinement.    The owner of the vicious dog shall not suffer or permit the dog to go unconfined.

       Section 3:    Leash and Muzzle.     The owner of a vicious dog shall not suffer or permit the dog to go beyond the premises or the owner unless the dog is

                                 securely muzzled and restrained by a chain or leash, and under the physical restraint of a person.  The muzzle shall be made in a manner that

                                 will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

        Section 4:    Signs.    The owner of vicious dog shall display in a prominent place on his or her premises a clearly visible warning sign indication that there is a

                                 vicious dog on the premises.  A similar sign is required to be posted on the pen or kennel of the animal.

        Section 5:    Insurance.    Owners of vicious dogs must within 60 days or the effective date of this ordinance provide proof to the Auditor of Ripley County

                                of public liability insurance in the amount of at least $100,000.00, insuring the owner for any personal injuries inflicted by his or her vicious dog.

        Section 6:    Penalties.    Whoever violates any provision of this ordinance shall be guilty of an infraction and may be punished by a fine of not less than

                                $100.00 and not more than $500.00

        Section 7:    Severability.    If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision

                                of any court, such a decision shall not affect the validity of the remaining portions of this ordinance.

    Adopted This 27 day of December, 1991.

 

 

Ripley County Sheriff