Hobart, Indiana – Lawyer Office – Dog Bite Lawyer – Vicious Animal Attack
Dog Bite Laws in the City of Hobart
An unprovoked bite by a dog or cat does not necessarily mean that the dog or cat is dangerous or vicious. In the United States, all dogs and house cats, regardless of breed or size, are presumed to be harmless domestic animals. This presumption can be overcome with proof of a dangerous propensity as demonstrated by specific conduct of that particular animal. A dangerous propensity is the tendency of an animal to act to endanger the safety of people or other animals. Depending on the facts of a dog or cat bite case, that dog’s or cat’s biting of a person can be used as evidence of that animal’s viciousness.
Hobart defines AT LARGE as when a domestic animal shall be deemed to be AT LARGE if off the premises of its owner and not under the immediate control of a responsible person. A domestic animal may also be deemed AT LARGE while on the owner’s property if there is no visible means of restraint and the animal is able to leave the premises at will.
Hobart defines an OWNER as any person having a right of property in a domestic animal or any person who keeps and/or harbors the animal. Any person who feeds, shelters or cares for a domestic animal or 3 days, or who permits it to be on or about property owned, occupied or controlled by him or her for a like period shall be known as the owner of the animal.
Hobart defines a VICIOUS ANIMAL as any animal that constitutes a physical threat to human beings or animals by virtue of specific training or demonstrated behavior. More than 1 attack of such a severity that, in the opinion of the Animal Control Authority, would be caused only by a vicious animal, shall be prima facie evidence of viciousness.
Hobart’s ordinance § 90.23 STATEMENT OF POLICY WITH RESPECT TO ATTACKS BY DOGS UPON HUMANS OR ANIMALS; STRICT LIABILITY states: (A) It is the policy of the City of Hobart to enforce, strictly, the provisions of this chapter in any instance of an unprovoked attack by a dog within the city upon any human or domestic animal. An attack for the purposes of this chapter consists of the aggressive physical contact by a dog with a human or a domestic animal, whether or not visible injury results. An attack is deemed to be provoked by a human under this chapter when a human, who is neither a law enforcement officer acting in the course and scope of his duties, nor a person within the confines of his or her home, or elsewhere, who is in reasonable apprehension of the infliction of physical harm upon him or her by another person or animal, commands, shouts at, beats, kicks or otherwise compels the dog to attack. An attack is deemed to be provoked by another domestic animal when such animal bites, scratches or otherwise inflicts physical injury, no matter how slight, upon the dog. (B) The owner of any dog which commits an unprovoked attack upon a human or domestic animal within the meaning and intent of subsection (A) of this section shall be strictly liable for violation of this section and shall be subject to the penalty prescribed in § 10.99 of this chapter, without regard as to whether the dog which committed the unprovoked attack had previously attacked or bitten any human or animal.
Hobart’s ordinance § 90.24 OFFENSES CONCERNING THE OWNERSHIP AND MANAGEMENT OF DOGS states: In addition to the offenses prescribed in other sections of this chapter which may apply, it is unlawful for any person owning, possessing, keeping, harboring or having control of any dog within the city:
(A) To allow the dog to run at large or to walk upon any public or private property
(1) unless such property is owned or lawfully possessed by such person and is equipped with fences of sufficient height and strength to confine the dog and prevent its exit from the confinement by jumping or collision with the fence; or the dog is humanely tethered by a cable, line or chain the length of which shall not allow the dog to reach any public street, driveway, sidewalk or adjacent property at any time; or
(2) the dog is under the control of a person of suitable age and discretion at all times, on a leash, the length of which does not exceed 15 feet whether coiled in a spring-loaded appliance or not.
(B) To provoke an attack by a dog upon a human or a domestic animal as described in 90.23.
(C) To fail to feed, provide water and care for the dog in a humane manner for any period of time exceeding 48 hours;
(D) To allow the dog to become a public nuisance by repeated or continuous barking, whining or howling such that the noise created thereby reasonably disturbs the peace and enjoyment of the inhabitants of neighboring properties;
(E) To allow the dog to molest and threaten passers-by on public property or rights of way by barking, charging and other aggressive behaviors;
(F) To allow the dog to chase vehicles, bicycles, joggers and pedestrians on public property or rights of way;
(G) To allow the dog to deposit excrement on property other than that of the owner without removing same;
(H) To allow the accumulation of feces on the property of the owner or possessor of the dog such that a noisome condition develops.
Hobart’s ordinance § 90.25 DOMESTIC ANIMALS CREATING A NUISANCE; PROHIBITED states that it is unlawful for any person to allow his or her domestic animal to become a public nuisance. Excessive barking, whining or howling without apparent reason, molesting passers-by, chasing vehicles, attacking other animals, depositing excretory matter on property other than that of the owner, allowing the accumulation of feces on the owner’s property and damaging property shall be deemed a nuisance.
Hobart’s ordinance § 90.42 DOMESTIC ANIMALS WHICH HAVE BITTEN PERSONS states that (A) When any animal subject to rabies has bitten or attacked any person or domestic
animal, or when any animal is suspected of having rabies, it shall be the duty of any person having knowledge of the facts to report same immediately to the Health Officer. All animal bites
are also to be reported to the Animal Control Authority. The report may also be made at the city police station. The animal shall be confined in such way and for such period of time as the Health Officer shall direct. No person shall release from its place of confinement any such animal or remove the animal to another place without the consent of the Health Officer. Animals not currently vaccinated for rabies that have bitten any person must be confined, at owner’s expense, at either the animal control facility or a commercial boarding facility. (B) An unvaccinated animal that has bitten a person may not be confined at home. A biting animal with current rabies vaccination may be confined at the owner’s home. It is unlawful for any owner to give up ownership of an animal that has bitten any person before the period of confinement is over. The Health Officer shall be empowered, in his or her discretion, to order impoundment or examination, or both, of any such animal to determine if it may have rabies. (C) No person shall refuse to surrender any animal for quarantine. If the animal dies or is killed, a laboratory examination of the head shall be made. It shall be unlawful for a person to refuse or fail to comply with the provisions of this section or with the order or directives of the Health Officer relating hereto.
How a Hobart Dog Bite Attorney Can Help with Your Dog Bite Injury Claim
If you, or a loved one, has suffered a dog or cat bite injury due to the negligence of dog or cat owner/keeper, it is important that you seek the advice of a qualified lawyer who understands the law and possesses the skill to ensure that you get justice you deserve for your loss. Do not waste your one and only opportunity to receive just compensation for your injury case by hiring the wrong lawyer. Get a lawyer that is experienced, highly rated and certified to represent you and/or your family. Get Gladish.
About Hobart, Indiana
The City of Hobart is located in Northwest Indiana and was incorporated in 1849 as a city. The name for the City of Hobart comes from the middle name of the brother of the founder of Hobart George Earle. The City of Hobart has a population of over 30,000 residents with a balanced mixture of businesses and residential properties. The City of Hobart is also known for being the place where the historic Art Theatre and Lake George are located.
The City of Hobart is run by a mayor as well as a 7-member city council with Hobart’s City Hall being located at 414 Main Street, Hobart, Indiana. The City of Hobart still has its own court known as the Hobart City Court which is located at 705 E 4th Street, Suite C, Hobart, Indiana. The Hobart City Court hears a limited number of cases that included: certain misdemeanors, tickets/infractions and ordinance violations.