Lake County, Indiana – Lawyer Office – Dog Bite Lawyer – Vicious Animal Attack
Dog Bite Laws in the Lake County, Indiana
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.
Under Section 90.20, Lake County states that ANIMALS AT LARGE PROHIBITED, so that an owner or keeper of an animal shall not cause, suffer, or allow the animal to be at large.
Under Section 90.36, Lake County requires the following for MUZZLING OF ANIMAL as animal Control shall have the right to demand an owner to muzzle an animal while out of doors when there is potential danger to the general public
Under it definition section of its code, Lake County defines a “vicious animal” and states that a person shall not own, keep, or harbor a vicious animal; provided, this section shall not apply to an animal under the control of a law enforcement or military agency. For the purpose of this section, an animal may be declared vicious by the Director if any one of the following five facts or criteria, below, are met. This division shall not be construed to prohibit the use of guard dogs or security dogs for civilian purposes, even though the dogs may display an aggressive character in keeping with their protective duties. However, those dogs shall be subject to the viciousness standards of division (B)(20)(b) below.
(a) Two or more credible complaints are received from two or more people, not within the same household, regarding the animal’s viciousness and this viciousness is verified by an animal control officer.
(b) The animal, while running at large or while being restrained by the owner or keeper with a leash or other securing device, has bitten a person and the bite and attack was unprovoked.
(c) The animal exhibits vicious propensities in present or past conduct including but not limited to conduct such that the animal: 1. Has bitten a person(s) on three or more separate occasions without evidence of provocation; 2. Did bite or attack once without evidence or provocation causing wounds or injuries amounting to serious bodily injury to a person as defined in I.C. Title 35; or 3. Could not be controlled or restrained at the time of the bite or attack to prevent the occurrence.
(d) An animal whose possession would be unlawful (for example, a fighting animal) pursuant to I.C. 35-46-3-8 shall be deemed a vicious animal.
(e) 1. Any animal which, while running at large or while being restrained by the owner or keeper with a leash or other securing device, and without evidence of provocation, kills or seriously injures a domestic animal(s) or livestock. 2. The destruction of a vicious animal is necessary to preserve the public health, safety, and welfare of the community. 3. Whenever an animal is declared vicious, the Director shall notify the owner of the animal of the declaration. The notice shall be served either in person or by certified or registered mail. The animal, if not already in the custody of the Director or his or her designee shall be surrendered to the Director within ten days from the date of receipt of the notification. The owner must appeal the declaration to the Director or the animal shall be humanely destroyed by Animal Control at any time during the ten-day period. Any vicious animal whose ownership is unknown after three days of custody at Animal Control or a surrogate location may then be humanely destroyed. 4. a. Any decision of the Director under the provisions of these subdivisions may be appealed to the Animal Control Board of Appeals (hereinafter Board of Appeals) The Board of Appeals shall consist of three Board members, one appointed by each of the following bodies, the Lake County Commissioners, the Lake County Council, and the Lake County Sheriff’s Department. The three Board members shall decide the matter by simple majority vote without submission of their decision to the whole Board of Appeals. Any such panel of three Board members may convene a hearing or other session with a quorum of two Board members. The Board of Appeals shall review the information provided by both the Director and the owner of the animal and render a decision to the effect that: i. The animal is not vicious; or ii. The animal is vicious and should be destroyed.
Under Section 90.33, Lake County requires PRIMARY ENCLOSURE REQUIREMENTS FOR ANIMALS HOUSED OUTDOORS as follows:
(A) Primary enclosures shall be structurally sound and maintained in good repair so as to: (1) Contain the animal; (2) Protect the animal from injury; (3) Keep predators out; (4) Ensure the animal remains dry and clean; (5) Permit the animal convenient access to food and water as required by this chapter; (6) Provide such convenient space for the animal to turn about freely and to stand, sit, and lie in a comfortable, normal position; and (7) Have no sharp edges accessible to the animal that could cause injury.
(B) Each dog in a primary enclosure shall be provided a minimum square footage of floor space equal to the mathematical square of the sum of the length of the dog in inches, as measured from the tip of its nose to the base of its tail, plus six inches, expressed in square feet. An animal housed in an accessory building (including but not limited to a garage or shed) shall have access to an outside kennel run.
(C) Animals housed in the same primary enclosure shall be maintained in compatible groups, with following additional restrictions. (1) A female should not be housed in a primary enclosure with an unaltered male, except for breeding purposes. (2) An animal exhibiting a vicious disposition shall be housed individually in a primary enclosure. (3) An immature animal shall not be housed in the same primary enclosure with an adult, other than its mother, except when permanently maintained in breeding colonies. (4) Animals of a different species shall not be housed in the same primary enclosure.
(D) The floors of a primary enclosure shall be constructed so as to protect the animal’s feet and legs from injury. Enclosures may have grid type flooring, provided the grid material is of adequate gauge to prevent sagging under the weight of the animal and the mesh is small enough to prevent its feet from passing through or to cause cutting injuries to the foot pad.
(E) An adult dog confined in a cage less than double the minimum standard size as stated in division (B) above shall be exercised in runs at least twice daily or walked on a leash for at least 20 minutes a day.
(F) An animal shall not be tied to a fence, cage, or other structure in lieu of being housed.
(G) An animal shall not be housed in a vehicle in lieu of being kept in a suitable primary enclosure.
Under Section 90.38, Lake County requires the tethering of animals as follows:
(A) (1) An animal shall not be tethered: (a) By use of chains or tethers, restraints or implements directly to a dog without the proper use of a collar harness, or other device designed for that purpose and made from a material that prevents injury or choking to the animal; (b) By use of a tether or any assembly or attachments thereto to tether a dog that shall weigh more than one-eighth of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area tethered; (c) By use of a choke chain or in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other human-made or natural obstacles; (d) Whereby the animal is without access to shade when sunlight is likely to cause overheating, or appropriate shelter to provide insulation and protection against cold and dampness when the atmospheric temperature falls below 40°F; (e) Whereby the animal’s food and water supply are not secured so that they cannot be tipped over by the tether; (f) In an open area where it can be teased by a person or in an open area that does not provide the dog protection from attack by other animals; (g) In an area where bare earth is present and no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation; (h) Whereby the tether is too short for the animal to move around for the animal to urinate or defecate in a separate area from the area where it must eat, drink, or lie down; or (i) Whereby the tethering causes injury, stress, or demonstrable socialization problems. (2) Failure to provide relief to a dog in distress when exposed to any of the conditions listed in this section is proof that the dog was unlawfully tethered.
(B) An animal shall not be continuously tethered for more than one continuous hour, except that tethering of the same dog may resume after a hiatus of four continuous hours, for up to four hours total time on tether per 24-hour day.
(C) A female animal shall not be tethered in a manner that prevents her from defending herself or from avoiding a male and an animal that has not been spayed or neutered shall not be tethered for any period of time.
(D) An animal shall not be tethered between the hours of 10:00 p.m. to 8:00 a.m.
(E) An animal shall not be tethered upon or along any public right-of-way including a public park.
(F) Nothing in this section shall be construed to prohibit an owner or keeper from walking an animal with a hand-held leash.
Under Section § 90.39, Lake County requires the following relating to PIT BULLS: The keeper of a Pit Bull dog shall be subject to the following mandatory requirements:
(A) When a Pit Bull dog is not being confined in a pen or kennel or indoors, the dog shall be: (1) Muzzled by a muzzling device sufficient to prevent the dog from biting persons or other animals; (2) Securely leashed with a leash no longer than four feet in length and with the keeper in physical control of the leash at all times. The leash shall be capable of restraining four times the weight of the dog with the restraining device attached to an escape proof commercial quality walking harness which fastens securely across the shoulders and mid-chest encompassing the rib area and upper abdomen of the dog. No neck collar of any type or material shall be used in place of a walking harness. The dogs may not be leashed to inanimate objects such as trees, posts, buildings and the like; and (3) If the dog bites a person or other animal, it shall be a prima facie case that the animal was not securely muzzled and leashed.
(B) When a Pit Bull dog is being confined in a pen or kennel, the pen or kennel: (1) Shall be securely locked with a key or combination lock with the key under the secured control of the keeper of the dog. If the dog is out of the kennel and no lock is found on the kennel, it shall be a prima facie case that the pen or kennel was not securely locked or the key was not under the secured control of the keeper; and (2) Shall have secure sides and a secure top attached to the sides and a secure bottom or floor attached to the sides of the pen, or if the floor is not attached to the sides, the sides of the pen shall be securely embedded in the ground no less than two feet. All pens and kennels erected to house Pit Bull dogs shall comply with all zoning and building regulations of the county and shall be adequately lighted and ventilated and kept in a clean and sanitary condition. If the dog is out of the pen or kennel and the pen or kennel is found to be securely locked, it shall be a prima facie case that the pen or kennel was not secure.
(C) (1) When a Pit Bull dog is confined indoors: (a) The dog shall not be confined on a porch, patio or in any part of a house or structure that would allow the dog to exit the building on its own volition; and (b) The dog shall not be confined in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. (2) If a dog is out of the house or structure, it shall be a prima facie case that the dog was not restricted from those areas where the dog could exit the building.
(D) A keeper of a Pit Bull dog shall within ten days of the effective date of this chapter display a sign easily readable by the public using the words “Beware of Dog” in a prominent place on both the premises and, if a kennel or pen is used to confine the animal, on the pen or kennel.
(E) A keeper of a Pit Bull dog shall within ten days of the effective date of this chapter provide proof to the County Clerk of public liability insurance in a single incident amount of $50,000 for bodily injury to or death of any person or persons or for damage to property, including an animal, owned by any persons which may result from the Pit Bull dog. At the time of subsequent licensing of the Pit Bull dog, the keeper shall show proof of insurance for the present registration period and proof that there was insurance coverage throughout the period of the prior registration year. If the liability insurance is canceled, lapsed, or for any other reason becomes non-enforceable, the keeper shall be in violation of the provisions of this chapter and subject to the penalties provided herein.
(F) A keeper of a Pit Bull dog shall within ten days of the effective date of this chapter provide the County Clerk of public Identification photographs which shall be two color photographs of the registered that are large and clear showing the color and approximate size of the animal.
(G) A keeper of a Pit Bull shall within ten days of the occurrence, report the following information in writing to the City Clerk: (1) The removal from the county or death of the Pit Bull dog; (2) The birth of offspring to the Pit Bull dog (male or female); and (3) The new address and phone number of the keeper of the Pit Bull dog should the keeper move within the corporate county limits or the Pit Bull dog be sold or otherwise transferred to another keeper within the county.
How a Lake County 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 Lake County, Indiana
The Lake County is located in Northwest Indiana and was incorporated as 1837. Lake County has a population of over 500,000 residents and is the second most populous county in the State of Indiana. Lake County is viewed as part of the Metro-Chicago market due to its close proximity to the City of Chicago. Lake County has a balanced mixture of businesses, restaurants, shopping and residential properties, but is also well known for its industrial base that includes many steel mills and other heavy industries.
The City of Crown Point is the county seat where most of the Lake County civil courts are located as well as all of the Lake County criminal court and Lake County jail. Lake County is run by 3 elected commissioners who are charged with serving as the executive and administrative authority for Lake County. The Commissioners control, maintain and supervise Lake County’s property; conducts audits as well as authorizing the payment of claims; the Commissioners receive bids and authorizes contracts; supervise the construction and maintenance of roads and bridges in the county; they appoint certain officials; and serve on the Lake County Board of Finance.
The Lake County Council is a 7-member elected board that acts as the financial power of the Lake County as well as serving as a check on the power of the Board of County Commissioners. The Lake County Counsel also fixes the county tax rate; makes certain appropriations, reappropriates and transferring of funds; adopts annual budgets; incurs indebtedness on behalf of Lake County; sets salaries; levies taxes to provide funds for constructing, repairing and remodeling of the Lake County Jail; and furnishes financial assistance to any community center. The Lake County Government Complex is located at 2293 N. Main Street in Crown Point, Indiana.