Porter County, Indiana – Lawyer Office – Dog Bite Lawyer – Vicious Animal Attack

Dog Bite Laws in the Porter 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.

Porter County defines “At large” as any animal that is running free off its owner’s premises and not under the immediate control of a responsible adult person.

Porter County defines “Biting Animal” as an animal inflicting an injury on another person or animal, including but not limited to a skin abrasion, by tooth or nail.

Porter County defines “Confine” as the restriction of an animal by the owner, or his agent, to an escape-proof building or other enclosure away from other animals and the public.

Porter County defines “Dangerous Animal” as any animal meeting any of the following criteria:

(1) any animal which bites and inflicts severe 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 severe 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 (1) occasion, without provocation, bites without inflicting severe 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. This definition does not include law enforcement animals owned by any government agency which is working within the scope and course of its duties.

Porter County defines “Harboring” as providing any care, shelter, refuge, restraint, food or nourishment in such a manner as to control an animal’s activities, whether done within the person’s home, enclosure, yard, place of business or on any premises where such person resides or controls.

Porter County defines “Owner” as any person having a right of property in any animal, or any person keeping or harboring one (1) or more animals.

Porter County defines “Public Nuisance” as any animal that: molests passers-by or passing vehicles on public property; attacks other animals; damages or defecates on public or private property of another person, unless the waste is immediately removed and disposed of in a sanitary fashion by the animal’s owner/harborer; barks, whines, howls or emits any other loud noise, in an excessive or repeated fashion; is permitted by its owner to create an offensive smell through excessive accumulation of excrement; or which produces or causes any other unsanitary condition not remedied by its owner; or otherwise interferes with others enjoyment of life or property.

Porter County defines “Restraint” as the securing of an animal by a leash or lead in the control of a responsible person, or confining an animal by means which would reasonably and reliably prevent the animal’s escape.

Porter County 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.

Porter County defines “Vicious”—means any animal meeting the following criteria: (1) any animal which, when unprovoked, attacks and inflicts bodily injury or serious bodily injury as defined under Indiana Code Section 35-31.5-2-29 “bodily injury” (or its equivalent) and Indiana Code Section 35-35.1-2-292 “serious bodily injury” (or its equivalent) or inflicts severe injury on a human being, or kills or inflicts

severe injury on a domestic pet or livestock, and has been determined by an Animal Control Officer to pose a significant and substantial risk to public health, safety and welfare which cannot be reasonably or reliably mitigated by imposing additional conditions of restraint on the animal; (2) any animal previously

determined to be and currently listed as a dangerous animal under the guidelines of this Chapter which, after its owner has been notified of this determination, continues to engage in behavior or is maintained in such a manner that violates Section 6.04.080 (Dangerous Animals); (3) any animal which attacks and kills a person, where the circumstances of the attack would not have justified a person in those exact circumstances to legally use deadly force in accord with I.C. § 35- 31.5-2-85 “deadly force” (or its equivalent).

Porter County ordinance 6.04.070 Animal Bites states:

1. Any person knowing that an animal or person has been bitten by any domestic animal shall immediately notify Porter County Animal Control, and/or any other law enforcement agency.
2. The owner or person in custodial control of any animal which has bitten another animal or person shall on demand of the Porter County Animal Control and/or Porter County Animal Shelter Director surrender such animal to the Porter County Animal Control and/or Porter County Animal Shelter Director for rabies observation for minimum of ten (10) days.
3. In the event home confinement is allowed, the owner shall be required to report Animal Control the health status of the biting animal on the tenth (10th) day of observation. If quarantined animal is not vaccinated against rabies, the owner shall furnish evidence to the Porter County Animal

Control of a veterinary examination for the biting animal on the tenth (10th) day of observation, shall obtain and provide proof of current rabies vaccinations at, and not before, that time as well as bear any costs incurred thereby.

4. 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.
5. If the biting animal shows signs of rabies or acts in a manner which would lead a person to believe the animal may have rabies, the owner, treating veterinarian or Animal Control shall immediately notify, by

telephone or in person, the person bitten or the physician attending the person bitten and the responsible health agencies as soon as reasonably possible.

6. If such biting animal is not found to be infected with rabies at the expiration of the period for observation of rabies, and if there is no additional reason in the judgment of the Porter County Animal Control and/or the Porter County Animal Shelter Director to continue 8 impoundment, the animal may be returned to the owner, upon payment of the costs of the keep of such animal, including any veterinary service fees incurred.
7. No person owning, possessing, keeping, harboring or having custody of any animal that has bitten any other animal or person shall sell, give away, or permit such biting animal to be taken beyond the corporate limits of Porter County, Indiana, or otherwise dispose of such biting animal until it has been released by the official imposing the quarantine.
8. In all cases where an animal has bitten another animal or a person, it shall be the duty of the Porter County Health Department to record the requisite information detailing the facts and circumstances of the bite in accord with preparing an Official Indiana Animal Bites Report (State Form 14072 or its equivalent) and enforcing quarantine following the bite incident. Members of the Porter County Animal Control, the Porter County Sheriff’s Department or any other law enforcement agency, may act as the Health Department’s designee when enforcing this provision.
9. In the event that an animal that has bitten a person or another animal dies, is accidentally killed, or is humanely euthanized before the tenth day following the bite, the animal shall be forwarded to the Indiana State Board of Health Laboratory for examination in a manner as is required by the Indiana State Board of Health.
10. The Porter County Animal Control Officers, the Porter County Sheriff’s Department, and any other law enforcement agent, may capture and impound a biting animal or an animal suspected of being rabid in accord with paragraphs one (1) through (9) above of this Section.
11. Violations of this Section of the Animal Control Ordinances shall be fined as follows:

(A) First Offense: $150.00

(B) Second and Subsequent Offenses: $300.00

Porter County ordinance 6.04. 080 Dangerous Animals states:

1. Upon receipt of a valid report of a dangerous animal, the Porter County Animal Control shall investigate the facts and circumstances surrounding the allegation that said animal is dangerous and will prepare a written report summarizing the findings and may also impose reasonable conditions on the owner of the animal in order to ensure the effective restraint of the dangerous animal as well as public safety. If the owner of the dangerous animal agrees to the proposed conditions, then immediate

disposition of the animal may be determined.

2. If upon investigation it is determined by the Porter County Animal Control that there is probable cause to believe the animal in question poses a threat to public safety due to vicious behavior, then the Porter

County Animal Control has the authority to impound the animal at the Porter County Animal Shelter, at the owner’s expense, until a decision regarding the final disposition of the animal has been made by Porter County Animal Control or the Porter County Animal Shelter Director.

3. If the Porter County Animal Control investigates the allegation of a dangerous animal and finds that the claim is not substantiated then the animal shall be released to its owner after compliance with all

impoundment and release procedures and settlement of all impoundment and redemption fees.

4. During the course of the Porter County Animal Control investigation of a report of a dangerous or vicious animal, the matter may be referred to the Porter County Prosecutor’s Office in accord with any suspected criminal violations under I.C.§ 35-46-3, et seq. of the Indiana Code.
5. It shall be unlawful for any person to own, keep, or harbor any dangerous animal without keeping such animal securely confined on the owner’s or keeper’s premises and under such restraint that persons lawfully on the premises, or elsewhere, may not be attacked or bitten by such animal. The premises where such an animal is kept shall be adequately posted with warning signs.
6. A dangerous animal, while on the owner’s premises, shall at all times, be kept indoors, or in a secure enclosure from which the animal cannot escape, and into which children cannot trespass, including but not limited to the following requirements:

(A) The enclosure must be adequately lighted, ventilated and kept in a clean and sanitary condition;

(B) The enclosure shall have secure sides, a secure top and bottom, and inward opening gate to prevent the animal from escaping over, under or through the structure;

(C) The enclosure shall be kept locked at all times to prevent unintentional openings, except when tending to the dangerous animal’s needs such as cleaning the enclosure, and/or providing food and water; and (D) The enclosure shall provide suitable shelter and protection from the elements, as well as provide for adequate exercise room, light, ventilation, sanitation, and adequate fencing that is not the common fencing associated with the premises existing perimeter fencing, and in the event the premises do not have an already existing perimeter fence, such fencing must be constructed around the enclosure housing the dangerous animal.

7. A dangerous animal may be outside of the enclosure and/or off the owner’s premises only when necessary for its health and well-being, and shall be muzzled and restrained on a leash not exceeding three (3) feet in length and must be done under the direct control and supervision of the owner of the dangerous animal.
8. Fines for violating this Section of the Animal Control Ordinance shall be as follows:

(A) First Offense: $150.00

(B) Second and Subsequent Offenses: $300.00

Porter County Ordinance 6.04.090 Animals Running at Large Prohibited states:

1. No owner of any dog or domestic pet shall permit such dog or domestic pet to run at large, except domestic cats may be allowed to run loose off the owner’s premises so long as the cat does not create a public nuisance, is spayed/neutered, and in the case of wild/feral cats is ear-tipped to indicate its altered status.
2. Each owner of any dog or domestic pet shall, at all times, keep and maintain his dog or domestic pet confined or under restraint.
3. This subsection shall not apply to dogs when engaged in lawful hunting and accompanied by the owner or custodian or any other activity expressly permitted under Indiana Law.
4. Animals found to be running at large are subject to impoundment by the Porter County Animal Control Officers, the Porter County Sheriff’s Department, and any other law enforcement agents.
5. Fines for violating this Section of the Animal Control Ordinance shall be as follows:

(A) First Offense: $50.00

(B) Second Offense: $75.00

(C) Third and Subsequent Offenses: $100.00

Porter County ordinance 6.04.100 Animals Creating a Public Nuisance Prohibited states:

1. It shall be unlawful for any owner to allow his dog or animal to become a public nuisance.
2. A dog or animal is hereby declared to be a public nuisance if it:

(A) Frequently or continuously causes noise or odor which disturbs the comfort or repose of persons in any dwelling, apartment house, or residence;

(B) Molests or chases passers-by or passing vehicles;

(C) Is repeatedly at large;

(D) Attacks other persons or animals;

(E) Damages private or public property; or

(F) Deposits animal waste on public or private property other than that of the owner.

2. Any animal declared to be a public nuisance by the Porter County Animal Control may, at the discretion of the Animal Control Officer, be captured and impounded at the Porter County Animal Shelter.
3. Fines for violating this Section of the Animal Control Ordinance shall be as follows:

(A) First Offense: $50.00

(B) Second Offense: $75.00

(C) Third and Subsequent Offenses: $100.00

How a Porter 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.

How a Porter 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 Porter County, Indiana

The Porter County is located in Northwest Indiana and was incorporated as 1836.  Porter County has a population of over 174,000 residents and is the nineth most populous county in the State of Indiana.  Porter County is viewed as bordering the Metro-Chicago market due to its proximity to the City of Chicago.  Porter 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.  Porter County is also well known for parks and access to Lake Michigan.

The City of Valparaiso is the county seat where most of the Porter County civil courts are located as well as most of the criminal courts and Porter County jail.  Porter County is run by 3 elected commissioners who are charged with serving as the executive and administrative authority for Porter County. The Commissioners control, maintain and supervise Porter 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 Porter County Board of Finance.

The Porter County Council is a 7-member elected board that acts as the financial power of the Porter County as well as serving as a check on the power of the Porter County Board of Commissioners. The Porter County Counsel also fixes the county tax rate; makes certain appropriations, reappropriates and transferring of funds; adopts annual budgets; incurs indebtedness on behalf of Porter County; sets salaries; levies taxes to provide funds for constructing, repairing and remodeling of the Porter County Jail; and furnishes financial assistance to any community center.  The Porter County Government Complex is located at 155 Indiana Avenue, Valparaiso, Indiana