Whiting, Indiana – Lawyer Office – Dog Bite Lawyer – Vicious Animal Attack
Dog Bite Laws in the City of Whiting, 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.
The City of Whiting defines a “potentially vicious animal” as an animal that may reasonable be assumed to pose a threat to public safety as demonstrated by any of the following behaviors: (1) Causing an injury to a person; (2) Without provocation, chasing or menacing a person in an aggressive manner; (3) running at large and impounded or owners cited by the animal control officer or his/her designee two or more times within any twelve-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.
The City of Whiting defines a “public nuisance” as any animal or animals which: (1) Molest passersby or passing vehicles. (2) Attack other animals. (3) Trespass on school grounds or park areas and playgrounds. (4) Are repeatedly at large. (5) Damage private or public property. (6) Bark, whine, or howl in an excessive, continuous, or untimely fashion which, by causing frequent or long, continued noises, disturbs the comfort or repose of any persons in the vicinity.
The City of Whiting defines a “responsible person” as a person at least 18 years old who is familiar with any animal and has the size and experience to be able to keep the animal under complete control at all times.
The City of Whiting defines a “restraint” as any animal secured by a leash or lead or within the real property limits of its owner.
The City of Whiting defines a “vicious animal” as: (1) Any individual animal that when unprovoked afflicts, bites or attacks a human being or other animal on either public or private property; (2) Any individual animal with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals; (3) Any individual animal which attacks a human being or domestic animal without provocation; (4) Any individual animal which upon three separate occasions is left either unmuzzled, unleashed or unattended by its owner, or a member of the owner’s family, and in a vicious or terrorizing manner approaches any person in an apparent attitude of attack upon streets, sidewalks or any public grounds or places. (5) Has been designated as a potentially vicious animal and engages in behavior that poses a threat to public safety as described in the definition of potentially vicious animal of this section.
Under section 3-7, the City of Whiting requires the “restraint of animals” as follows: (a) Unrestrained dogs and nuisance animals shall be taken by the police, animal control officers, or humane officers and impounded in an animal shelter, and there confined in a humane manner. (b) All dogs shall be kept under restraint. (c) All owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. (d) Every female dog or cat in season shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. (e) It is unlawful for any animal to make, continue, or cause to be made or continued any loud barking, whines, or howls in an excessive, continuous or untimely fashion which by causing frequent or long-continued noise shall disturb the comfort or repose of any persons in the vicinity.
Under section 3-16, the City of Whiting requires that “animals found running at large” the following: When animals are found running at large and their ownership is known to the animal control officer or the police department, such animals need not be impounded. The animal control officer, after one warning has been given to the owner, may issue a citation.
Under section 3-18, the City of Whiting limits dogs in city parks as follows: It shall be unlawful to allow any dog in any park owned by the city. The park department shall post appropriate signs warning all persons of this prohibition. This prohibition shall not apply to the following: (1) Police dogs; (2) Seeing-eye dogs; (3) Other trained service dogs which provide assistance to individuals with disabilities; (4) Dogs under restraint, in the following areas: a. The Whiting Lakefront Park boardwalk and adjacent bicycle path, including park entrance sidewalks to the boardwalk and adjacent bicycle path and excluding areas north of the boardwalk such as the gazebo, the pier, the formal garden and grassy areas, and all areas south of the park road; b. The Whiting Lakefront Trail which is the bicycle path that spans from New York Avenue to Whiting Lakefront Park as well as the Front Street spur; c. Whihala public beach during the closed/off-season as designated by the park authority.
Under section Sec. 3-19, the City of Whiting holds that “Vicious and potentially vicious animals” require the following:
(a) Applicability. Along with all other provisions of this chapter, this section shall also apply to vicious animals and potentially vicious animals as defined in section 3-1.
(b) Determination of a potential vicious animal: (1) After an investigation which must be initiated within three days after the situation becomes known to the animal control officer or his/her designee, the animal control officer or his/her designee is authorized to make a determination whether an animal is potentially vicious based upon the faction listed in the definition of a potentially vicious animal in writing by certified mail or hand delivery with signature of that status within five days after the completion of the investigation. (2) Following written notice to the owner, if the animal control officer or his/her designee has probably cause to believe that an animal is a potentially vicious animal and may pose a threat to public safety, said officer or designee may issue an order to impound and/or quarantine said animal pending disposition of the case or until the owner has fulfilled the requirements contained herein. The owner of the animal may be liable to the city for the costs and expenses of keeping the animal. (3) Upon notice, the owner may, within seven calendar days after a determination that an animal is a potentially vicious animal, appeal the determination to the board of public works and safety. Said appeal shall be in writing. The board shall conduct a hearing into the matter at its next regularly scheduled meeting. The board may affirm the determination, modify the determination or reverse the determination. A decision by the board reversing the determination shall not affect the animal control officer or his/her designee’s right to later declare an animal to be a potentially vicious animal or a vicious animal, or to determine that the animal poses a threat to public safety, for the animal’s subsequent behavior.
(c) Determination of a vicious animal. (1) After an investigation which must be initiated within three days after the situation becomes known to the animal control officer, the officer or his/her designee is authorized to make a determination whether an animal is vicious based on the factors listed above and shall notify the owner of the animal in writing by certified mail or hand delivery with signature of that status within five days after completing the investigation. (2) Following notice to the owner, if the officer or his/her designee has probably cause and believes the animal to be a vicious animal and that the animal poses an imminent threat to public safety, said officer or designee may issue an order for the immediate impoundment and/or quarantine of said animal pending disposition of the case or until the animal owner has fulfilled the requirements contained herein. The owner of the animal shall be liable to the city for the costs and expenses of keeping the animal if the animal is determined to be a vicious animal. (3) The owner may, within seven calendar days after a determination that an animal is a vicious animal, appeal the determination to the board of public works and safety. (4) Said appeal shall be in writing. The board shall conduct a hearing into the matter at its next regularly scheduled meeting. The board may affirm the determination, modify the determination or reverse the determination. A decision by the board reversing the determination shall not affect the animal control officer or his/her designee’s right to later declare an animal to be a potentially vicious animal or a vicious animal, or to determine that the animal poses a threat to public safety, for the animal’s subsequent behavior.
(d) Exceptions. No animal shall be declared a vicious or potentially vicious animal if: (1) The animal was used by a law enforcement official for legitimate law enforcement purposes; (2) The threat, injury or damage was sustained by a person: a. who was committing, at the time, a willful trespass or other tort upon the premises lawfully occupied by the owner of the animal; b. 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 c. who was committing or attempting to commit a crime; or (3) The animal was: a. responding to pain or injury, or was protecting itself or its offspring; or b. Protecting or defending a human being within the immediate vicinity of the animal from an attack or assault.
(e) Consequences of a vicious or potential vicious animal determination. (1) If the animal control officer or his/her designee determines that an animal is a potentially vicious animal under subsection (b) above, the owner shall comply with all of the provisions of this section and any other special security or care requirements said officer or designee may establish. (2) If the animal control officer or his/her designee determines that an animal is a vicious animal under subsection (c), the owner shall comply with all of the provisions of this section and any other special security or care requirements said officer or designee may establish. (3) The animal control officer or his/her designee may require impoundment and/or quarantine of the animal until the owner of the animal has satisfied all the requirements of the certificate or registration holding permit. The requirements must be met within 30 days. If, after 30 days, the owner has not satisfied all the requirements of the holding permit, the animal may be humanely destroyed on the 31st day.
(f) Vicious animal and potentially vicious animal registration and handling requirements.
(1) The animal control officer or his/her designee shall issue a certificate of registration to the owner of a potentially vicious animal if the owner establishes to the satisfaction of said officer or designee, all of the following: a. The owner of the potentially vicious animal is 21 years of age or older; b. A valid animal license has been issued by the City of Whiting; c. The owner has proof of current rabies vaccination; d. The owner has a proper enclosure to prevent the entry of any person or animal and the escape of said potentially vicious animal as described in subsection (a); e. The owner has paid the annual fee pursuant to the City of Whiting Fee Schedule in addition to regular licensing fees, to register the potentially vicious animal; f. The potentially vicious animal has been spayed or neutered; g. The potentially vicious animal has been implanted with a microchip containing owner identification information and said information is registered with the city; h. The owner shall enter the animal in a socialization behavior program approved by the city.
(2) The animal control officer or his/her designee shall issue a certificate of registration to the owner of a vicious animal if the owner, in addition to satisfying the requirements for registration of a potentially vicious animal pursuant to paragraph (1) above, establishes to the satisfaction of said officer or his/her designee all of the following: a. The owner of the vicious animal has written permission of the property owner or homeowner’s association, if applicable, where the vicious animal will be kept; b. The owner will maintain the vicious animal exclusively on the owner’s property except for medical treatment or examination; and c. The owner of the vicious animal has posted on the premises a clearly visible written warning sign that there is a vicious animal on the property with a conspicuous warning symbol that informs children of the presence of a vicious animal. The sign shall be very visible from the public roadway or 50 feet, whichever is less.
(3) The officer of his/her designee may order the immediate impoundment or humane destruction of a vicious animal if the owner fails to abide by the conditions for registration or confinement or handling of a vicious animal.
(4) If any animal previously determined to be a potentially vicious animal has not exhibited any of the behaviors specified in subsection (a)(1)a. within the 36 months since the date of the potentially vicious animal determination, then that animal is eligible for a review of the determination with the potential for lifting the requirements of this section; provided, however, that that same animal may again be declared a vicious or potentially vicious animal if it again exhibits any of the specified behaviors.
(g) Vicious or potentially vicious animal owner responsibility. It shall be unlawful to: (1) Keep an animal determined to be vicious or potentially vicious without a valid certificate of registration issued under subsection
(f); (2) Permit a potentially vicious animal to be outside a proper enclosure unless the potentially vicious animal is under the control of a responsible person as defined in subsection (a)(1)b., muzzled, and restrained by a lead not exceeding four 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; (3) Fail to maintain a vicious animal exclusively on the owner’s property as required except for medical treatment or examination. When removed from the owner’s property for said reason, the vicious animal shall be caged or under the control of a responsible person as defined herein, muzzled and restrained with a lead not exceeding four 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; (4) Fail to notify the animal control officer or the police department immediately upon escape if a vicious or potentially vicious animal is on the loose, is unconfined, or has attacked a human being, within five calendar days if the animal has died or within 24 hours if the animal has been sold or has been given away. If the vicious or potentially vicious animal has been sold or given away, the owner shall provide the animal control officer or his/her designee with the name, address, and telephone number of the new owner; (5) Fail to surrender a vicious or potentially vicious animal to the animal control officer or his/her designee for safe confinement pending a disposition of the case when there is a reason to believe that the vicious or potentially vicious animal poses an imminent threat to public safety; or (6) Fail to comply with any special security or care requirements for a vicious or potentially vicious animal which the officer or his/her designee may have established pursuant to the finding that the animal was potentially vicious or vicious.
How a Whiting Dog Bite Attorney Can Help with Your Dog Bite Injury Claim
How a Whiting 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 Whiting, Indiana
The City of Whiting is located in the very most Northwestern corner of Indiana. The name for the City of Whiting comes from “Pop” Whiting, who was a fearless/reckless engineer who ditched his freight train so that a fast passenger train behind him could have the right of way. The City of Whiting was incorporated as a town first in 1895 and then as a city in 1903. The City of Whiting has a population of over 5,000 residents with a balanced mixture of heavy industry, retail businesses and residential properties. Since the mid to late 1800s, the railroads helped to build the City of Whiting along with Standard Oil Company, who is now part of “BP”, by buying land along the lakefront. The industries located in Whiting needed convenient rail and water transportation their refined products. With the huge refinery that was developed here and which is the second largest in the United States, the community of Whiting was changed forever. Whiting High School is known as the “Oilers” as a tribute to this history.
The City of Whiting is also known for being the place where you can enjoy the Lake Michigan waterfront as well as visit the Mascot Hall of Fame which is located at 1851 Front Street, Whiting, Indiana. Whiting is also home to Pierogi Fest which is a huge annual festival that is organized and run by the Whiting–Robertsdale Chamber of Commerce. A pierogi is a Polish/eastern European dumpling that can be stuffed with potatoes, meat, sauerkraut, sweet cheese, blue berries and other items. This event draws crowds of more than 250,000 visitors each year and has been featured nationally. The festival takes place on the last weekend of July, on 119th Street in downtown Whiting with the street closed to traffic and numerous food booths are placed on the streets in the area. An art show, beer tents, live music stages, carnival rides as well as a parade on Friday night draws in the crowds.
The City of Whiting is run by a mayor as well as a 5-member city council. Whiting’s City Hall is located at 1443 119th Street, Whiting, Indiana.
Dog Bite Laws in the City of Whiting, Indiana.