TITLE 6       ANIMAL

Chapter:

6.04       Dogs and Other Animals

6.05       Dangerous Animals

6.08       Other Animals

CHAPTER 6.04       DOGS AND OTHER ANIMALS

Sections:

6.04.010       Definitions

6.04.020       Animals Running at Large Prohibited

6.04.030       Impounding of Animals

6.04.040       Notice of Impounding

6.04.050       Release of Animals

6.04.070       Animal Shelter

6.04.080       Impounding Fees

6.04.090       Breach of Shelter

6.04.100       Animal Control Authority

6.04.130       Animal Noises

6.04.140       Animal Nuisances

6.04.150       Maximum Number of Animals

6.04.160       Poisonous Animals

6.04.170       Removal of Excrement

6.04.010       DEFINITIONS

A. "Owner" means any person, firm or corporation, organization, or dependent possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

B. "Animal Control Authority" means the animal control officer of the City of Bluffton, Indiana or his/her designee.

C."At large" means off the premises of the owner and not under the control of the owner or some member of his immediate family or other authorized person either by leash or otherwise.

6.04.020       ANIMALS RUNNING AT LARGE PROHIBITED

     No person shall allow any animal under that person's control or authority to run at large in the City.

6.04.030       IMPOUNDING OF ANIMALS

     The Animal Control Authority shall impound any animal found running at large and shall keep it until redeemed or otherwise disposed of.  The police or animal warden shall have the right to go upon private property to carry out the purpose of this chapter and to deputize others to assist then.

6.04.040       NOTICE OF IMPOUNDING

     The Animal Control Authority shall immediately give notice of impounding of any such animal to the owner, if known and if the owner can be found.  A registry of impounded animals shall be kept with a general description of each animal.  A copy of such registry shall be available at the animal shelter.  Such shelter shall be open to inspection at reasonable times for owners to search for and to reclaim animals.

6.04.050       RELEASE OF ANIMAL

     Any impounded animal may be redeemed by the owner thereof by payment to the Clerk-Treasurer of the fees hereinafter established provided, however, that no animal shall be released from the shelter unless the owner thereof shall present proof that such animal has been immunized for rabies within the twelve (12) months preceding its impoundment.  When such proof is not available, the owner may advance the cost of immunization and any expense incidental thereto, for such immunization by the Animal Control Authority or its designee. After such innumization has been accomplished, the animal may be redeemed and released up paum,ent of the fees.  Any dog impounded shall bear current Indiana Dog License tags or such shall be purchased for said dog by the owner prior to being redeemed by the owner.  After an animal has been held unredeemed at the shelter for a period of five (5) days, it may be disposed of by the Animal Control Authority or by surrendering it to some person who will provide the animal a suitable home, or by destroying it.

6.04.070       ANIMAL SHELTER

     The City shall maintain a suitable shelter for the safekeeping of animals taken up.  The Board of Public Works and Safety may contract with any person for the keeping, feeding and caring of such animals on such terms as they shall deem proper, or such duty may be delegated to the police or the Animal Control Authority.

6.04.080       FEES

     Fees to be collected for impounding of animals shall be fixed from time to time by the Board of Public Works and Safety.  To such fees may be added the reasonable cost of feeding and caring for such animal during the period of impoundment, as may be determined by the Board of Public Works and Safety.

6.04.090       BREACH OF SHELTER

     No person other than the Animal Control Authority shall liberate any impounded animal.  No person shall commit any breach of such shelter or interfere with the taking of animals by the Animal Control Authority.

6.04.100       ANIMAL CONTROL AUTHORITY

     The Mayor shall appoint an Animal Control Officer who shall be the supervising office for the Animal Control Authority.

6 04.130       ANIMAL NOISES

     No person shall keep within the City any animal which by loud and frequent barking, howling, yelping or other animal noises disturbs the peace and quiet or annoys any citizens.

6.04.140       ANIMAL NUISANCES

     The following conditions are hereby declared to be nuisances within the meaning of this title, and no person having ownership or custody of any animal described herein shall:

A. Fail to prohibit any animal from chasing people, automobiles or bicycles on streets or sidewalks.

B. Fail to prohibit any animal from destroying, defacing or damaging shrubbery, lawns, flowers, gardens or other property.

C. Fail to confine any female animal in heat in a closed building so that such animal cannot come into contact with another animal except for planned and supervised breeding.

6.04.150       MAXIMUM NUMBER OF ANIMALS

     Not more than five (5) total dogs and/or cats, in any combination, over the age of six (6) months shall be kept in any home located on less than 14,520 square feet of real estate (1/3 acre) per dwelling in any area of the City zoned as residential. 

     Dogs kept in kennels for breeding, boarding, or training purposes, or for sale shall not be counted for the purposes of this section so long as the owner is in compliance with all state and/or federal regulations regarding the keeping of such dogs and the licensing of the kennel.

6.04.160       POISONOUS ANIMALS

     No person shall keep or possess within the City any poisonous animal, reptile, amphibian, fish, insect or any other animal that poses a threat to the public health and safety.  Such animal may be impounded by the Animal Control Authority and disposed of in the manner determined to be in the best interest of the public health and safety and of the animal.

6.04.170       REMOVAL OF EXCREMENT

     Persons exercising control of an animal, or the owner if the animal is running at large, shall immediately remove any excrement deposited by the animal on any public lands, including but not limited to streets, sidewalks, and parks.  This section shall not apply to blind persons who are the owners, or in control of, a guide dog.

CHAPTER 6.05              DANGEROUS ANIMALS

Sections:

6.05.010              Definitions

6.05.020              Determination of a Potentially Dangerous Animal

6.05.030              Determination of a Dangerous Animal

6.05.040              Exceptions

6.05.050              Contents of Orders with Respect to Potentially Dangerous Animals

6.05.060              Contents of Orders with Respect to Dangerous Animals

6.05.065              Duration of Orders

6.05.070              Unlawful Acts

6.05.010       DEFINITIONS

     For the purposes of this chapter, the term:

a) "Animal Control Authority" means the animal control officer of the City of Bluffton, Indiana or his/her designee.

b) "Dangerous animal" means any animal that:

 

1. Causes an injury to a person or domestic animal; or

2. Has been determined to be a Potentially Dangerous Animal and engages in behavior that poses a threat to public safety as described in subsection 6.05.010 (G)

c) "Serious injury" means any physical injury that results in broken bones or lacerations that require multiple sutures or cosmetic surgery.

d) "Proper Enclosure" means secure confinement indoors or secure confinement in a locked pen, fenced yard, or structure measuring at least 6 feet in width, 12 feet in length, and 6 feet in height, capped if there is a dog house inside or if a animal can climb fence, with secure sides, which provided proper protection from the elements for the animal, is suitable to prevent the entry of young children, and is designed to prevent animal from escaping while on the owner's property.

e) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

f) "Impound" means taken into the custody of the City of Bluffton.

g) "Potentially dangerous animal" means a animal that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors:

 

1. Causing an injury to a person or domestic animal that is less severe than a serious injury;

2. Without provocation, chasing or menacing a person or domestic animal in an aggressive manner;

3. Running at large and impounded or owners cited by the Animal Control Authority two (2) or more times within any 12-month period.

4. Acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape.

h) "Responsible person" means a person at least 18 years old who is familiar with the animal and has the size and experience to be able to keep the animal under complete control at all times.

6.05.020       DETERMINATION OF A POTENTIALLY DANGEROUS ANIMAL

     Upon receiving a complaint that an animal has engaged in conduct described in 6.05.010(G), the Animal Control Authority shall within five (5) days make a determination whether the animal is a Potentially Dangerous Animal as described in 6.05.010(F).  If the Animal Control Authority determines that the animal is a Potentially Dangerous Animal, the Animal Control Authority shall issue to the owner of the animal an Order in accordance with 6.05.060 which shall be complied with by the owner within thirty (30) days of the date of the Order, subject to review by the Board of Public Works and Safety.

     Upon receiving an Order from the Animal Control Authority, the owner of the animal may, within five (5) business days after the date of the Order petition the Board of Public Works and Safety seeking review of the determination and Order.  The Board shall convene a hearing on the petition within ten (10) days of the receipt thereof and shall at said hearing either confirm, modify, or rescind the Order.  A decision to rescind the Order of the Animal Control Officer shall not affect the authority of the Animal Control Officer to issue subsequent Orders to the owner of the animal based upon the animal's subsequent behavior.

     If the Animal Control Authority has probable cause to believe that an animal is a Potentially Dangerous Animal and probable cause to believe that the animal poses a threat to public safety unless immediately impounded, the Animal Control Authority shall impound the animal until such time as the owner complies with the terms of the Order.

     If the owner refuses to allow the animal to be impounded, the Animal Control Authority may request a warrant for the purpose of taking custody of the animal and impounding the animal pending disposition of the case or until the owner has complied with the terms of the Order.  Failure to comply with the Order within the time allowed shall authorize the Animal Control Authority to humanely euthanize the impounded animal.  The owner of the animal shall be liable for the costs and expenses of keeping the animal.

     If any animal previously determined to be a Potentially Dangerous Animal has not exhibited any of the behaviors specified in 6.05.010 (B) or (G) within the thirty-six (36) months of the date of the Order determining the animal to be a Potentially Dangerous Animal, the owner may request the Animal Control Authority to review the determination; provided however, even if the Animal Control Authority rescinds the determination, the same animal may again be declared a Dangerous or Potentially Dangerous Animal if it again exhibits any of the specified behaviors.

6.05.030       DETERMINATION OF A DANGEROUS ANIMAL

     Upon receiving a complaint that an animal has engaged in conduct described in 6.05.010(B), the Animal Control Authority shall within five (5) days make a determination whether the animal is a Dangerous Animal.  If the Animal Control Authority determines that the animal is a Dangerous Animal, the Animal Control Authority shall issue to the owner of the animal an Order in accordance with 6.05.060 which shall be complied with by the owner within thirty (30) days of the date of the Order, subject to review by the Board of Public Works and Safety.

     Upon receiving an Order from the Animal Control Authority, the owner of the animal may, within five (5) business days after the date of the Order, petition the Board of Public Works and Safety seeking review of the determination and Order.  The Board shall convene a hearing on the petition within ten (10) days of the receipt thereof and shall at said hearing either confirm, modify, or rescind the Order.  A decision to rescind the Order of the Animal Control Officer shall not affect the authority of the Animal Control Officer to issue subsequent Orders to the owner of the animal based upon the animal's subsequent behavior.

     If the Animal Control Authority has probable cause to believe that an animal is a Dangerous Animal and probable cause to believe that the animal poses a threat to public safety unless immediately impounded, the Animal Control Authority shall impound the animal until such time as the owner complies with the terms of the Order.

     If the owner refuses to allow the animal to be impounded, the Animal Control Authority may request a warrant for the purpose of taking custody of the animal and impounding the animal pending until disposition of the case or until the owner has complied with the terms of the Order.  Failure to comply with the Order within the time allowed shall authorize the Animal Control Authority to humanely euthanize the impounded animal.  The owner of the animal be liable for the costs and expenses of keeping the animal.

6.05.040        EXCEPTIONS

     No animal shall be declared a dangerous or potentially dangerous animal if:

a) The animal was used by a law enforcement official for legitimate law enforcement purposes;

b) The threat, injury, or damage was sustained by a person:

 

1. Who was committing, at the time, a willful trespass or other tort upon the premises lawfully occupied by the owner of the animal;

2. Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or

3. Who was committing or attempting to commit a crime; or

c) The animal was:

 

1. Responding to pain or injury, or was protecting itself, its offspring; or

2. Protecting or defending a human being within the immediate vicinity of the animal from an attack or assault.

6.05.050        CONTENT OF ORDERS WITH RESPECT TO POTENTIALLY DANGEROUS ANIMALS

     If the Animal Control Authority determines that an animal is A Potentially Dangerous Animal under 6.05.020, the Animal Control Authority shall issue an Order to the owner of the animal requiring the owner to do any of the following:

a) Show evidence that the owner of the potentially dangerous animal is 18 years of age or older;

b) Obtain a valid license for the potentially dangerous animal pursuant to Indiana law;

c) Show evidence that the animal has a current rabies vaccination;

d) Provide a proper enclosure (as defined in this Chapter) for the animal

e) Require the owner to register the animal as a Potentially Dangerous Animal and pay an annual fee for such registration as determined by the Board.

f) Spay or neuter the animal;

g) Implant a microchip into the animal which is registered with the Animal Control Authority; or

h) Require the owner to enter the animal in a socialization and/or behavior program approved by the Animal Control Authority.

i) Require the owner to provide the Animal Control Authority with the name and address of the new owner if the ownership or physical custody of the animal is transferred.

6.05.060       CONTENT OF ORDERS WITH RESPECT TO DANGEROUS ANMALS

     If the Animal Control Authority determines that an animal is a Dangerous Animal under 6.05.020, the Animal Control Authority shall issue an Order to the owner of the animal requiring the owner to do any of the following:

a) Show evidence that the owner of the potentially dangerous animal is 18 years of age or older;

b) Obtain a valid license for the potentially dangerous animal pursuant to Indiana law;

c) Show evidence that the animal has a current rabies vaccination;

d) Provide a proper enclosure (as defined in this Chapter) for the animal;

e) Require the owner to register the animal as a Potentially Dangerous Animal and pay an annual fee for such registration as determined by the Board.

f) Spay or neuter the animal;

g) Implant a microchip into the animal which is registered with the Animal Control Authority; or

h) Require the owner to enter the animal in a socialization and/or behavior program approved by the Animal Control Authority.

i) Require the owner to provide the Animal Control Authority with the name and address of the new owner if the ownership or physical custody of the animal is transferred.

j) Show that he or she has written permission of the property owner or homeowner's association where the dangerous animal will be kept if applicable;

k) Maintain the animal exclusively on the owner's property except to medical treatment or examination; and

l) Post on the premises a clearly visible written warning sign that there is a dangerous animal on the property with a conspicuous warning symbol that informs children of the presence of a dangerous animal.  The sign shall be visible from the public roadway or 50 feet, whichever is less.

6.05.065        DURATION OF ORDERS

     Any Order issued by the Animal Control Authority, as modified by the Board of Public Works and Safety if applicable, shall remain in effect for the life of the animal.  The Order shall apply to the animal even if the ownership of the animal is transferred after the issuance of an Order.

6.05.070       UNLAWFUL ACTS

     It shall be unlawful to:

a) Keep a Dangerous Animal or Potentially Dangerous Animal contrary to the terms of an Order issued by the Animal Control Authority;

b) Permit a Potentially Dangerous Animal to be outside a proper enclosure unless it is under the control of a responsible person as defined in 6.05.010, muzzled and restrained by a lead not exceeding four (4) feet in length.  The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal;

c) Fail to maintain a Dangerous Animal exclusively on the owner's property as required except for medical treatment or examination.  When removed from the owner's property for medical treatment of examination, the Dangerous Animal shall be caged or under the control of a responsible person as defined in 6.05.010, muzzled and restrained with a lead not exceeding four (4) feet in length.  The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any human being or animal;

d) Fail to notify the Animal Control Authority immediately upon the happening of any of the following:

 

1. A Dangerous Animal is outside of its Proper Enclosure except when under control of a Responsible Person;

2. A Dangerous Animal or Potentially Dangerous Animal has attacked another domestic animal; or

3. A Dangerous Animal or Potentially Dangerous Animal has attacked a human being.

e) Fail to notify the Animal Control Authority immediately upon the happening of any of the following:

 

1. The death of a Dangerous Animal or Potentially Dangerous Animal;

2. The transfer of ownership or physical custody of a Dangerous Animal or Potentially Dangerous Animal.

f) Fail to advise the potential owner of a Dangerous Animal or Potentially Dangerous Animal if the owner intends to transfer ownership of the animal.

g) Fail to comply with any special security or care requirements for a Dangerous or Potentially dangerous Animal the Animal Control Authority may have established pursuant to the finding that the animal is a Dangerous Animal or Potentially Dangerous Animal.

CHAPTER 6.08       OTHER ANIMALS

Sections:

6.08.010       Keeping Cattle or Swine

6.05.020       Stables, Pens and Kennels

6.08.030       Removal of Dead Animals

6.08.040       Sale Barns

6.08.050       Sale of Young Animals

6.08.060       Shod Animals prohibited from Use of Walkway

6.08.010       KEEPING ANIMALS OR SWINE

       No person shall keep, feed, or maintain any cattle, horses, or swine of any kind within the City, except swine or cattle temporarily in shipping pens for shipment to market or elsewhere, or horses kept on tracts of land of five (5) acres or greater.

6.08.020       STABLES AND KENNELS

       No person shall keep within the City any pig sty, kennel, stable or other animal pen or shelter in such a manner as to create or cause any offensive or noxious smell or condition, or maintain or use any such animal pen or shelter constructed in such manner as to permit the contents of filth therein to run or wash upon the premises owned or occupied by another or upon any street or other public place.

6.08.030       REMOVAL OF DEAD ANIMALS

       Any person who becomes apprised of the death of any animal owned by him or her within the City shall, within six (6) hours thereafter, cause the same to be removed outside the limits of the City and buried, or disposed of so as not to become a nuisance.  When such animal is kit led by any other person than its owner, if the person so killing it is known, the owner shall not be compelled to remove it as provided above, but it shall be removed by the person killing it.   

6.08.040       SALES BARNS

       It is unlawful for any owner or operator of any sales barn within the City to keep within such sales barn any livestock or poultry before 6:00 a.m. or later than 11:00 p.m. of the day on which said stock is delivered at such sales barn, except that when weather conditions are such that to remove the livestock would be dangerous to the lives of the stock, the livestock may remain in such sales barn until the weather permits their removal.

       A sales barn, for the purpose of this section, is a place where livestock is taken and held for sale at public auction.

6.08.050       SALE OF YOUNG ANIMALS

A. It shall be unlawful for any person to sell or offer for sale, raffle, offer or give as a prize, premium, or advertising device or display in any store, shop, carnival, or other place, any chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially.

B. It shall be unlawful for any person to sell or offer for sale, raffle, or offer or give as a prize, premium, or advertising device, any chicks, ducklings, or goslings younger than four weeks of age in quantities of less than twelve birds to each individual person.

C. All stores, shops, vendors, and other offering chicks, ducklings, or goslings for sale, or raffle, or as a prize, premium, or advertising device, or displaying chicks, ducklings, or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, or goslings in good health, and shall keep adequate food and water available to the birds at all times.

6.08.060       SHOD ANIMALS PROHIBITED OF WALKWAYS

       No person shall permit a shod animal to travel on the asphalt, concrete or stone apron, on or along the sidewalk, pedestrian walkway, hiking, biking, or jogging path (including but not limited to the Rivergreenway Trail) or on any publicly owned property on which signs prohibited the travel of shod animals are displayed.

CHAPTER 1.08 GENERAL PENALTY

Sections: 1.08.010 General penalty

IC 15-2.1-21-8

A person responsible for livestock or poultry who knowingly or intentionally permits the animal to run at large commits a Class B misdemeanor.

IC 15-5-7

Livestock Killing Dogs

IC 15-5-7-1

If a dog kills or injures any livestock while the livestock is in the care, custody, and control of the livestock’s owner or his agent, the owner or harborer of the dog is liable to the owner of the livestock for all damages sustained, including his reasonable attorney’s fees and the court costs; if the appropriate dog tax has not been paid on the dog, triple damages may be awarded.

IC 15-5-7-2

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.

Offenses Relating to Animals

IC 35-46-3-1

Sec.1. A person who knowingly or intentionally harbors a dog that is over the age of six (6) months and not immunized against rabies commits harboring a non-immunized dog, a Class C infraction. However, the offense is a Class B misdemeanor if the dog causes bodily injury by biting a person.

IC 35-46-3-3

As used in this chapter, “animal” does not include a human being.

IC 35-46-3-4

As used in this chapter, “animal fighting contest” means a conflict between two (2) or more animals. The term does not include a conflict that is unorganized or accidental.

IC 35-46-3-4.5

(a) As used in this chapter, “law enforcement animal” means an animal that is owned or used by a law enforcement agency for the principle purposes of:

(1) aiding in:

(A) the detection of criminal activity;

(B) the enforcement of laws; and

(C) the apprehension of offenders; and

(2) ensuring the public welfare.

(b) The term includes, but is not limited to, the following:

(1) A horse.

(2) An arson investigation dog.

(3) A bomb detection dog.

(4) A narcotic detection dog.

(5) A patrol dog.

(6) A search and rescue dog.

(7) A tracking dog.

IC 35-46-3-5

(a) Except as provided in subsections (b) through (c), this chapter does not apply to the following:

(1) Fishing, hunting, trapping, or other conduct authorized under IC 14-22

(2) Conduct authorized under IC 15-5-7

(3) Veterinary practices authorized by standards adopted under IC 15-5-1.1-8.

(4) Conduct authorized by a local ordinance.

(5) Acceptable farm management practices.

(6) Conduct authorized by the Indiana Meat and Poultry Inspection and Humane Slaughter Act, IC 15-2.1-24, and rules adopted under IC 15-2.1-24 for state or federal inspected livestock slaughtering facilities.

(7) A research facility registered with the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seg.).

(8) Destruction of a vertebrate defined as a pest under IC 15-3-3.6-2(22).

(b) Section 1 of this chapter applies to conduct described in subsection (a).

(c) Destruction of an animal by electrocution is authorized under this section only if it is conducted by a person who is engaged in an acceptable farm management practice, by a research facility registered with the United States Department of Agriculture under the Animal Welfare Act, or for the animal disease diagnostic laboratory established under IC 15-2.1-5-1, a research facility licensed by the United States Department of Agriculture, a college, or university.

IC 35-46-3-6

(a) This section does not apply to a violation of section 1 of this chapter.

(b) Any law enforcement officer or any other person having authority to impound animals who has probable cause to believe there has been a violation of this chapter or IC 15-5-12-3 may take custody of the animal involved.

(c) The animal shall be properly cared for pending disposition of charges under this chapter or IC 15-5-12.

(d) If the owner requests, the court having jurisdiction of criminal charges filed under this chapter or IC 15-5-12 shall hold a hearing to determine whether probable cause exists to believe that a violation of this chapter or IC 15-5-12 has occurred. If the court determines that probable cause does not exist, the court shall order the animal returned to its owner.

(e) This subsection applies only to livestock animals. Whenever charges are filed under this chapter, the court shall appoint the state veterinarian under IC 15-2.1-2-50 or the state veterinarian’s designee to:

(1) investigate the condition of the animal and the circumstances relating to the animal’s condition; and

(2) make a recommendation to the court under subsection (f) regarding the confiscation of the animal.

(f) The state veterinarian or the state veterinarian’s designee who is appointed under subsection (e) shall do the following:

(1) Make a recommendation to the court concerning whether confiscation is necessary to protect the safety and well-being of the animal.

(2) If confiscation is recommended under subdivision (1), recommended a manner for handling the confiscation and disposition of the animal that is in the best interests of the animal. The state veterinarian or the state veterinarian’s designee who submits a recommendation under this subsection shall articulate to the court the reasons supporting the recommendation.

(g) The court:

(1) shall give substantial weight to; and

(2) may enter an order based upon a recommendation submitted under subsection (f).

(h) If a person is convicted of an offense under this chapter or IC 15-5-12, the court may impose the following additional penalties against the person:

(1) A requirement that the person pay the costs of caring for an animal involved in the offenses that are incurred during a period of impoundment authorized under subsection (b).

(2) An order terminating the person’s right to possession, title, custody, or care of an animal that was involved in the offense.

(i) If a person’s right to possession, title, custody, or care of an animal is terminated under subsection (h), the court may:

(1) award the animal to a humane society or other organization that has as its principal purpose the humane treatment of animals; or

(2) order the disposition of the animal as recommended under subsection (f).

IC 35-46-3-7

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 B misdemeanor.

IC 35-46-3-8

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 Class A misdemeanor.

IC 35-46-3-9

A person who knowingly or intentionally:

(1) promotes or stages an animal fighting contest;

(2) uses an animal in a fighting contest; or

(3) attends an animal fighting contest having an animal in the person’s possession; commits a Class D felony.

IC 35-46-3-10

A person who knowingly or intentionally attends a fighting contest involving animals commits cruelty to an animal, a Class A misdemeanor.

IC 35-46-3-11

(a) A person who knowingly or intentionally:

(1) strikes, torments, injuries, or otherwise mistreats a law enforcement animal;

or

(2) interferes with actions of a law enforcement animal while the animal is engaged in assisting a law enforcement officer in the performance of the officer’s duties; commits a Class A misdemeanor.

(b) It is a defense that the accused person:

(1) engaged in a reasonable act of training, handling, or discipline; and

(2) acted as an employee or agent of a law enforcement agency.

(c) In addition to any sentence or fine imposed for a conviction of an offense under this section, the court may order the person convicted to make restitution to the person or law enforcement agency owning the animal for reimbursement of:

(1) veterinary bills; and

(2) replacement costs of the animal if the animal is disabled or killed.

IC 35-46-3-11.5

(a) As used in this section, “service animal” means an animal that a person who is impaired by:

(1) blindness or any other visual impairment;

(2) deafness or any other aural impairment;

(3) a physical disability; or

(4) a medical condition; relies on for navigation, assistance in performing daily activities, or alert signals regarding the onset of the person’s medical condition.

(b) A person who knowingly or intentionally:

(1) interferes with the actions of a service animal; or

(2) strikes, torments, injures, or otherwise mistreats a service animal; while the service animal is engaged in assisting an impaired person described in subsection (a) commits a Class A infraction.

(c) It is a defense that the accused person:

(1) engaged in a reasonable act training, handling, or disciplining the service animal; or

(2) reasonably believed the conduct was necessary to prevent injury to the accused person or another person.

IC 35-46-3-12

(a) A person who knowingly or intentionally tortures, beats, or mutilates a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Class D felony if the person has a previous, unrelated conviction under this section.

(b) It is a defense to a prosecution under this section that the accused person:

(1) reasonably believes the conduct was necassry to:

(A) prevent injury to the accused person or another person;

(C) prevent a seriously injured vertebrate animal from prolonged suffering or

IC 35-50-3-2

A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000)

IC 35-50-3-3

A person who commits a Class B misdemeanor shall be imprisoned fro a fixed term of not more than one hundred eighty (180) days; in addition, he may be fined not more than one thousand dollars ($1,000)

IC 35-50-3-4

A person who commits a Class C misdemeanor shall be imprisoned for a fixed term of not more than sixty (60) days; in addition, he may be fined not more than five hundred dollars ($500).