State Dog Laws

July 28, 2016 at 4:25 p.m.

By -

Editor, Times-Union:

There is a restraint law for the entire state of Indiana. It basically states your dog must remain on your property.

Here are some Indiana State Laws on restraining dogs. This is for dog owners that do not know the law, as well as those who are supposed to enforce those laws. There is also a law that allows for the shooting of a dog that is not restrained. I hope this helps anyone who is unclear of the concept of personal responsibility.

Restraint:

IC 15-5-12-3

Criminal liability for dogs that attack; civil infraction for stray dogs; exceptions

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.

Enforcement:

IC 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.

Defense:

IC 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.

Basically this means if a stray dog is approaching your pigs, bunnies, or even your 2-year-old children, you have the State of Indiana's permission to protect what is yours. It is very sad that some bad animal owners, must put others in such a situation.

Dan Stevens

Warsaw, via e-mail[[In-content Ad]]

Editor, Times-Union:

There is a restraint law for the entire state of Indiana. It basically states your dog must remain on your property.

Here are some Indiana State Laws on restraining dogs. This is for dog owners that do not know the law, as well as those who are supposed to enforce those laws. There is also a law that allows for the shooting of a dog that is not restrained. I hope this helps anyone who is unclear of the concept of personal responsibility.

Restraint:

IC 15-5-12-3

Criminal liability for dogs that attack; civil infraction for stray dogs; exceptions

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.

Enforcement:

IC 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.

Defense:

IC 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.

Basically this means if a stray dog is approaching your pigs, bunnies, or even your 2-year-old children, you have the State of Indiana's permission to protect what is yours. It is very sad that some bad animal owners, must put others in such a situation.

Dan Stevens

Warsaw, via e-mail[[In-content Ad]]
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