Portage, Indiana – Lawyer Office – Dog Bite Lawyer – Vicious Animal Attack
Dog Bite Laws in the City of Portage
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.
Portage’s ordinance defines “at large” as any animal which is not confined in a pen, completely fenced in yard, cage, house, or other secure enclosure, without means of escape, or is not secured by a leash or a lead under the control of its owner or a responsible person.
Portage’s ordinance defines “bite” as the seizure with the teeth or jaws of an animal so that the skin of the human being or animal seized has been pierced, lacerated, or has received any break or abrasion of the skin.
Portage’s ordinance defines “bodily injury” as any injury to the body, including physical pain.
Portage’s ordinance defines “dangerous animal” as an animal meeting any of the following criteria:
(1) Any animal which bites and inflicts serious bodily injury on any person or animal, without provocation, on any public property or in any place outside or over the boundaries of its owner’s property; or
(2) Any animal which, without provocation and while on its owner’s property, bites and inflicts bodily injury on any person or animal, where the victim was acting peaceably, was not provoking the animal, and was not committing a willful trespass or other tort upon the premises, or otherwise had a legal right to be on said property at the time of the bite or attack; or
(3) Any animal which on more than one occasion, without provocation, bites and inflicts bodily injury upon any person or animal, on any public property or in any place outside or over the boundaries of its owner’s property; or
(4) Any animal owned or harbored primarily for the purpose of dog or other animal fighting and has through use for this purpose, become a threat to the safety of other animals and persons.
Portage’s ordinance defines “leash or lead” as a cord, rope, strap, or chain which shall be securely fastened to the collar or harness of a dog or other animal and which shall be of sufficient strength to keep such dog or other animal under control.
Portage’s ordinance defines “owner” as any person having a right of property in a dog or other animal, or who keeps or harbors a dog or other animal, or who has in his care, or acts as its custodian, or who knowingly permits a dog or other animal to remain on or about any premises occupied by him.
Portage’s ordinance defines “restraint” as that an animal shall be considered under restraint when it is secured by a leash or a lead to its collar or harness and under the control of its owner or a responsible person.
Portage’s ordinance defines “serious bodily injury” as bodily injury that creates a substantial risk of death or that causes:
(1) Serious permanent disfigurement;
(2) Unconsciousness;
(3) Extreme pain; or
(4) Permanent or protracted loss or impairment of the function of a bodily member or organ.
Portage’s ordinance defines “tether” as attaching a domestic pet to a stationary object or pulley run by means of a chain, rope, cable, or other similar restraint. Tether does not include the use of a leash to walk a domestic pet.
Portage’s ordinance Section 10-27 states: The purpose of this article is to provide harmonious relationships in the interaction between man and animal by: (1) Protecting the citizens of the city from rabies by specifying such preventive and control measures as may be necessary; (2) Providing peace and security to residents from annoyance, intimidation, and injury from dogs and other animals; (3) Protecting animals from improper use, abuse, neglect, inhumane treatment, and health hazards, and particularly rabies; (4) Encouraging responsible pet ownership; and (5) Providing for the assessment of penalties for violators and for the enforcement and administration of this article.
Portage’s ordinance Section 10-36 states the following relating to “Animal bites”:
(a) It shall be unlawful for anyone knowing that a person or animal has been bitten by another animal to fail to immediately notify the animal warden, deputy animal warden, or police department of such bite. (b) It shall be the duty and responsibility of the owner of any animal which has bitten any other animal or person to immediately notify the animal warden or police department of such bite, and to immediately confine such animal.
(c) The owner of any such animal which has bitten any other animal or person, shall on demand of the animal warden, deputy animal warden, or police officer, surrender such animal for rabies observation for a period of ten days unless: (1) The owner of such biting animal presents proof of a current rabies immunization, the animal warden may in his discretion allow the biting animal to be confined on the premises of its owner under the observation of a licensed veterinarian for a period of ten days in such a manner which will prohibit it from biting any person or animal; and (2) The owner of a biting animal under home confinement shall be required to furnish evidence of examination by a licensed veterinarian of the biting animal on the first, fifth and tenth day of such home confinement, all at the cost of the owner.
(d) If any owner of any biting animal fails or refuses to immediately surrender such animal for rabies observation, the animal warden, deputy animal warden, police officer, or other law enforcement officer is hereby empowered to take all reasonable means to seize and impound such animal, including the power to enter upon private property to do so, but not to enter a private home without legal process.
(e) Any biting animal, surrendered or impounded for rabies observation, shall be kept by the animal warden in an animal shelter designated by the board for a period of ten days, the cost of which shall be paid by the owner of such biting animal.
(f) If such biting animal is not found to be infected with rabies at the expiration of the period for observation for rabies, the animal shall be returned to the owner upon payment of the costs of the keep of such animal during such period of observation, including any fee for veterinary services attributed to the bite.
(g) When an animal confined for biting shows signs of rabies or acts in a manner which would lead a person to believe that the animal may have rabies, the owner, veterinarian or animal shelter personnel shall immediately notify by telephone, or in person, the animal warden and the person bitten, or the physician attending the bitten person, and a responsible health agency as soon as he receives notice of such signs.
(h) If such biting animal is determined to be infected with rabies after examination by a licensed veterinarian, it shall be euthanized, at the cost of the owner.
(i) It shall be unlawful for any person owning, possessing, keeping, harboring, or having custody of any animal that has bitten any other animal or person, to sell, give away, or permit such biting animal to be taken beyond the corporate limits of the city, or otherwise dispose of any such biting animal, until it is released by the animal warden.
(j) In all cases where an animal has bitten a person or another animal, it shall be the duty and responsibility of the animal warden or deputy animal warden, or in their absence or unavailability the duty and responsibility of the police department, to investigate and fill out an animal report bite form, using information from the bite victims, their families, animal owners and any other person having knowledge of an animal bite, which forms shall be kept on record by the animal warden.
(k) If an animal that has bitten a person dies, is accidentally killed, or is humanely euthanized before the tenth day following the bite, such animal shall have its head removed, packed in an ice container, and the head forwarded immediately to the state board of health laboratory for examination. If such a biting animal is a small animal such as a bat, mouse or hamster, the body of the entire animal shall be forwarded to the state board of health laboratory for examination.
(l) Any person violating this section, upon conviction, shall be punished as provided in section 1-16.
Portage’s ordinance Section 10-37 state the following relating to animals creating a nuisance:
(a) It shall be unlawful for any owner to allow his dog or animal to become a public nuisance.
(b) A dog or animal is hereby declared to be a public nuisance if it: (1) Frequently or continuously causes noise or odor which disturbs the comfort or repose of persons in any dwelling, apartment house, or residence; (2) Molests or chases passers-by or passing vehicles; (3) Is repeatedly at large; (4) Attacks other persons or animals; (5) Damages private or public property; or (6) Deposits animal waste on public or private property other than that of the owner.
Portage’s ordinance Section 10-40 requires liability insurance as follows: It shall be unlawful for any person to own, keep, harbor, or to have custody of any animal capable of biting someone, unless such person has liability insurance coverage for not less than $100,000.00 for any injury, damage or loss caused by said animal.
Portage’s ordinance Section 10-51 state the following relating to animals running at large being prohibited: (a) No owner of any dog or domestic animal shall permit such dog or domestic animal to run at large in the city.
(b) Each owner of any dog or domestic animal shall, at all times, keep and maintain his dog or domestic animal confined or under restraint. Dogs and other domestic animals weighing less than 30 pounds may be confined or restrained by invisible animal fences, as permitted by section 66-642(6). The authority to confine or restrain dogs and other domestic animals by invisible animal fences may be denied or revoked at the discretion of the animal control department.
(c) A prohibition of animals running at large shall not apply to on-duty police and fire canine officers or for official training and exercise purposes.
Portage’s ordinance Section 10-56 states the following relating to the determination of a dangerous animal:
(a) Any person may submit a report of a dangerous animal to the animal warden.
(b) Upon receipt of a valid report of a dangerous animal, the animal warden shall investigate the facts and circumstances surrounding the allegation that said animal is dangerous and prepare a written report stating whether the animal is dangerous. The animal warden may impose reasonable conditions on the owner of the dangerous animal in order to ensure the effective restraint of the dangerous animal as well as public safety. The reasonable conditions include but are not limited to the following: (1) humane destruction of the dangerous animal; (2) confinement of the dangerous animal; and/or (3) owner’s purchase of liability insurance.
(c) If the animal warden determines that the animal is dangerous and imposes reasonable conditions on the owner, the following shall occur: (1) The dangerous animal shall be immediately impounded, if not already. (2) If the owner of the dangerous animal agrees to the proposed conditions, the owner shall have three days to pay for all impoundment, kennel and penalty fees incurred to date and to post a bond equal to 15 days’ impoundment and kennel fees. The owner shall have 15 days from the date of notice of the proposed conditions to provide sufficient evidence of compliance with the conditions. The dangerous animal shall remain impounded until such evidence of compliance is provided. (3) If the owner of the dangerous animal disagrees with the proposed conditions, the dangerous animal shall remain impounded and the owner shall have the right to appeal the decision to the Porter County, Indiana Superior or Circuit Court. The owner shall have three days to pay for all impoundment, kennel and penalty fees incurred to date and to post a bond equal to 30 days’ impoundment and kennel fees. The owner shall renew the bond at the end of each 30 day period until the court issues an order in the appeal. If the owner fails to pay for all impoundment, kennel and penalty fees incurred and to post a bond equal to 30 days’ impoundment and kennel fees within three days of notice of the proposed conditions or fails to renew the bond at the end of a 30 day period, then the owner shall be presumed to have surrendered all rights and claim of ownership and control of the animal.
(d) If the animal warden determines that an animal is not a dangerous animal, then the animal shall be released to its owner after compliance with all impoundment and release procedures and fees.
Portage’s ordinance Section 10-57 states the following relating to the acquisition of a dangerous dog being prohibited:
(a) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals when not provoked.
(b) No person shall sell, offer for sale, buy or attempt to buy any dangerous dog within the City of Portage.
Portage’s ordinance Section 10-59 requires warning signs as follows: The owner or occupant of the premises where a dangerous animal is kept shall post, at each entrance to such premises, conspicuous signs which state: “WARNING: DANGEROUS ANIMAL.”
How a Portage 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 Portage, Indiana
The City of Portage is located in the Northwest Indiana and is located on the south shore of Lake Michigan. The City of Portage has greatly benefited from its location on the water allowing access through the Port of Indiana was built in 1961. A moving force behind the City of Portage has been its steel industry which included National Steel who opened a plant along the shore of Lake Michigan in 1959. In 1963, Bethlehem Steel then began construction of a steel producing plant that is partly located within the City of Portage.
The City of Portage was incorporated in 1959 with a current population of over 38,000 residents. The City of Portage is run by a mayor as well as a 7-member city council. Portage’s City Hall is located at 6070 Central Avenue, Portage, Indiana.
The City of Portage is also known for its many water activities such as boating and fishing. Portage also has fifteen (15) public parks with over ten (10) miles of paved trails. City parks offer a unique experience including Founder’s Square Park which is home to Hannah’s Hope Playground as well as a splash pad. The city serves as host to many festivals featuring local produce, arts & crafts, music as well as holiday celebrations.