Indiana

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Carpenter v. State

Summary: After being convicted by a Superior Court bench trial and having the Superior Court’s judgment affirmed by the Court of Appeals, defendant appealed the admission of evidence recovered from his home after officers entered it without a warrant in pursuit of an aggressive and bloody dog. The Supreme Court of Indiana found that the entry was unreasonable under the Indiana Constitution and that the evidence obtained pursuant to a subsequent search warrant was inadmissible. The Superior Court's judgment was therefore reversed.

After being convicted by a Superior Court bench trial and having the Superior Court’s judgment affirmed by the Court of Appeals, defendant appealed the admission of evidence recovered from his home after officers entered it without a warrant in pursuit of an aggressive and bloody dog. The Supreme Court of Indiana found that the entry was unreasonable under the Indiana Constitution and that the evidence obtained pursuant to a subsequent search warrant was inadmissible. The Superior Court's judgment was therefore reversed.

Baker v. Middleton (unpublished opinion)

Summary: In Baker , the defendant fed and watered four cats that lived in the neighborhood. These cats damaged the plaintiff’s home, destroying insulation, a vapor barrier, and duct work. The cats also urinated and defecated in the crawl space of the home. In the Superior Court, the plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. The court found, however, that since the defendant was participating in a Trap Neuter and Release program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. The court went on to reject two alternative theories of negligence also proffered by the plaintiff. The plaintiff had therfore failed to establish that the defendant was negligent in her actions and judgment was entered in favor of the defendant.

In Baker , the defendant fed and watered four cats that lived in the neighborhood. These cats damaged the plaintiff’s home, destroying insulation, a vapor barrier, and duct work. The cats also urinated and defecated in the crawl space of the home. In the Superior Court, the plaintiff argued that a town ordinance and a county ordinance independently imposed a duty on the defendant to control the cats and prevent them from damaging the plaintiff's property. The court found, however, that since the defendant was participating in a Trap Neuter and Release program, the county ordinance could not serve as a basis for finding that the defendant was negligent in caring for the feral cats. The court went on to reject two alternative theories of negligence also proffered by the plaintiff. The plaintiff had therfore failed to establish that the defendant was negligent in her actions and judgment was entered in favor of the defendant.

Francis v. City of Indianapolis

Summary: A dog rescue organization was cited with a violation of the city code for having a dog at large. One rescue dog escaped and lunged at a neighbor. Francis argued that the trial court erred in applying strict liability, challenged the sufficiency of the evidence, and challenged the constitutionality of the municipal ordinance. The trial court also found that a violation of the ordinance also imposed restrictions on Francis; she could no longer operate the animal rescue shelter and could only own or keep two dogs. The judgment of the trial court was affirmed.

A dog rescue organization was cited with a violation of the city code for having a dog at large. One rescue dog escaped and lunged at a neighbor. Francis argued that the trial court erred in applying strict liability, challenged the sufficiency of the evidence, and challenged the constitutionality of the municipal ordinance. The trial court also found that a violation of the ordinance also imposed restrictions on Francis; she could no longer operate the animal rescue shelter and could only own or keep two dogs. The judgment of the trial court was affirmed.

IN - Cruelty - Consolidated Cruelty Statutes

Summary: These Indiana statutes set forth the anti-cruelty laws. As used in this chapter, "animal" does not include a human being. Among the provisions include anti-neglect, anti-animal fighting, and anti-abuse provisions. A person having a vertebrate animal in the person's custody who recklessly, knowingly, or intentionally abandons or neglects the animal commits cruelty to an animal, a Class A misdemeanor. A person who knowingly or intentionally purchases or possesses an animal for the purpose of using the animal in an animal fighting contest commits a Level 6 felony. A person who knowingly or intentionally abuses a vertebrate animal commits cruelty to an animal, a Class A misdemeanor, which may become a Level 6 felony under described circumstances.

These Indiana statutes set forth the anti-cruelty laws. As used in this chapter, "animal" does not include a human being. Among the provisions include anti-neglect, anti-animal fighting, and anti-abuse provisions. A person having a vertebrate animal in the person's custody who recklessly, knowingly, or intentionally abandons or neglects the animal commits cruelty to an animal, a Class A misdemeanor. A person who knowingly or intentionally purchases or possesses an animal for the purpose of using the animal in an animal fighting contest commits a Level 6 felony. A person who knowingly or intentionally abuses a vertebrate animal commits cruelty to an animal, a Class A misdemeanor, which may become a Level 6 felony under described circumstances.

IN - Equine Activity Statute - Chapter 5. Equine Activities

Summary: This Indiana statute states that an equine activity sponsor or equine professional is not liable for an injury to a participant or the death of a participant resulting from an inherent risk of equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes reckless disregard for the safety of the participant or intentionally injures the participant. The statute also requires the visible displaying of warning signs or warnings provided in contracts that alert participants to the limitation of liability by law.

This Indiana statute states that an equine activity sponsor or equine professional is not liable for an injury to a participant or the death of a participant resulting from an inherent risk of equine activities. Liability is not limited by this statute where the equine professional knowingly provided faulty tack or equipment, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or otherwise is in lawful possession of the land or facilities upon which the participant sustained injuries because of a known, dangerous latent condition, or if he or she commits an act or omission that constitutes reckless disregard for the safety of the participant or intentionally injures the participant. The statute also requires the visible displaying of warning signs or warnings provided in contracts that alert participants to the limitation of liability by law.

IN - Trust - 30-4-2-18. Trust to provide for care of an animal alive during settlor's lifetime

Summary: Indiana's pet trust law was enacted in 2005. The trust terminates upon the death of the animal or upon death of last surviving animal alive during settlor's lifetime. Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use.

Indiana's pet trust law was enacted in 2005. The trust terminates upon the death of the animal or upon death of last surviving animal alive during settlor's lifetime. Property of a trust authorized by this section may be applied only to the trust's intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the trust's intended use.

IN - Bite - Indiana Dog Bite Laws

Summary: These Indiana statutes provide the state's dog bite laws. 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. It also establishes the conditions under which an owner will be criminally liable if his or her dog bites another person. In Indiana, physicians treating dog bite injuries are required to report such injuries not more than 72-hours after the incident.

These Indiana statutes provide the state's dog bite laws. 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. It also establishes the conditions under which an owner will be criminally liable if his or her dog bites another person. In Indiana, physicians treating dog bite injuries are required to report such injuries not more than 72-hours after the incident.

IN - Veterinary - Article 38.1. Veterinarians.

Summary: These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

IN - Breeder - Article 21. Commercial Dog Breeder Regulation

Summary: The laws set forth requirements for commercial breeders in Indiana, defined as a person who maintains more than twenty (20) unaltered female dogs that are at least twelve (12) months of age. These laws do not apply to humane societies, rescue groups, certain service and hunting dog breeders, foster homes, or hobby breeders. A person may not operate a commercial dog breeder or broker operation without first registering with the state. Failure to register is a Class A misdemeanor. The chapter sets forth minimum standards of care and requires that a breeder comply with federal standards of care set forth in 9 CFR 3.1 through 9 CFR 3.12. Enforcement of the chapter will fall to the Indiana state board of animal health, which may seek injunctive relief and impose civil penalties ranging from $500 - $5,000 for violations.

The laws set forth requirements for commercial breeders in Indiana, defined as a person who maintains more than twenty (20) unaltered female dogs that are at least twelve (12) months of age. These laws do not apply to humane societies, rescue groups, certain service and hunting dog breeders, foster homes, or hobby breeders. A person may not operate a commercial dog breeder or broker operation without first registering with the state. Failure to register is a Class A misdemeanor. The chapter sets forth minimum standards of care and requires that a breeder comply with federal standards of care set forth in 9 CFR 3.1 through 9 CFR 3.12. Enforcement of the chapter will fall to the Indiana state board of animal health, which may seek injunctive relief and impose civil penalties ranging from $500 - $5,000 for violations.
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