An Overview of Indiana’s Animal Protection Laws
In Indiana, the legal requirements related to animal care and protection fall under a variety of state statutes. The strong state interest in protecting animals from cruelty has led to the enactment of several relevant laws. Many of these laws are contained in Indiana Code Title 14.
Indiana Code Section 35-46-3-0.5 declares that animals "incurred certain injuries through cruelty, neglect, or abuse, [and] suffer significant physical or psychological damage as a result of that suffering." Accordingly, Section 35-46-3-1 makes it a Class B misdemeanor to, "without justifiable cause, intentionally, knowingly, or recklessly do any of the following:
Section 35-46-3-2 defines disputes related to animal custody, and establishes a general rule that no person may knowingly or intentionally cause physical injury to a person’s animal. It is also a crime to negligently cause physical injury to a person’s animal, or to wantonly or intentionally kill or take a person’s companion animal without consent of the owner. All of these acts are class A misdemeanors. These provisions are by no means exhaustive. Indeed, Indiana Code Section 35-46-3-4 through -13 are perhaps best described as a hodgepodge of animal laws , which outline everything from the specific duties of caretakers of animals, who are prohibited from "mistreat[ing] an animal," to the killing of deer that are "claiming or foraging, pasturing, or breaking into enclosures." The Indiana Department of Natural Resources is the state agency that administers all statutes related to wildlife.
Crimes related to domestic animals and pets are addressed by Title 14, sections 14-22-21-1 through -26, the majority of which deal with the standards of care that must be afforded to domestic pets and other animals. For example, 14-22-20-2 makes it a Class C misdemeanor to tether your dog in such a way that it is "subject to severe injury" from a person or another animal. Additionally, 14-22-20-5 provides that companion animals must be "provided adequate water and food" and "be allowed a period of time every twenty-four (24) hours to be outside for exercise or other sanitary purposes."
The question then becomes: what practical effect does compliance (or non-compliance) with these animal care requirements actually have on the State’s ability to recover animals, or otherwise hold individuals responsible for harming, abandoning, or otherwise unlawfully disposing of their pets?
Under Indiana Law, No Animal Cruelty Allowed
Indiana has a robust set of laws for the protection of animals. Indiana’s Anti-Cruelty Laws are found in Indiana Code § 35-46-3, et seq.
First-degree felony animal abuse involves either torturing or mutilating an animal, or abandoning an animal and endangering its life. Mutilation includes cutting off, cutting out, tearing, burning, ripping out, ripping off, or removing a body part of the animal. Torturing an animal can involve withholding necessary sustenance to cause harm to an animal, causing an animal to endure or carry a motor vehicle or other object, or causing the death of the animal by reimbursement or destruction of property.
Second-degree felony animal abuse involves beating, mutilating or poisoning an animal, or torturing or carrying an animal in a manner so as to endanger its life.
A person commits animal abuse if they knowingly or intentionally kill an animal without being entitled to kill the animal or without the owner’s consent. The abuse is a Class A misdemeanor, except if the offense is committed by means of a motor vehicle, and the offender knows or reasonably should know that the animal is living, the abuse is a Class D felony.
If a person knowingly or intentionally kills a vertebrate animal other than a common fish, the offense is a Class B misdemeanor, except: (1) the offense is a Class C misdemeanor if the person kills the animal by a means that does not inflict pain or suffering on the vertebrate animal; or (2) the offense is a Class D felony if the offense is committed by means of a motor vehicle and the person knows or reasonably should know that the vertebrate animal is living. The law lists a wide range of vertebrates other than common fish, including mammals, birds, reptiles and amphibians.
Licensing and Registration of Animals
The licensing and registration requirements for pet ownership in Indiana are designed to ensure that pet owners are held accountable for their animals. There are different rules for different types of pets, and the fines for not following the law can be significant.
By Indiana law, owners of dogs must obtain a license before the animal is six months old. Additionally, it must be renewed every single year. This means that someone living in Indiana with two dogs has to pay for four licenses every year. The less than one hundred dollars that all of this costs is not a big deal for most people, but it is a repeated expense that can be very inconvenient.
Even some cats have to be registered if they are being used for agricultural purposes. However, scofflaws who allow their cats to stray freely run the risk of their pet being picked up by Animal Control, which does not try to return animals to their owner if those animals are not licensed and registered. Many pet owners know that it is better to pay the nominal fee for a license, register their pet and keep a collar with that license attached to him or her at all times, than to pay the vet to get the animal back.
Dogs and cats are relatively easy to license with local officials. Ferrets, rabbits, mice, rats, hamsters, guinea pigs, gerbils, chinchillas, birds and even some reptiles, including iguanas, who belong to some Palm Beach County homeowners are not required to be licensed with local authorities. Nonetheless, these animals may be registered by pet owners in the county’s registry of exotic animals, but it is not required.
Some exotic animal owners who are breeding their pets have to be licensed with the state. The Indiana Division of Natural Resources administers all wildlife laws, including rules about breeding and sales taxes for pet owners who own exotic animals.
Ownership of Exotic and Wild Animals
Indiana Code 14-22-26-4.5, Indiana regulations for some exotic and wild animal ownership
There is a definition section of 14-22-26-4.5, that provides definitions that apply to the entirety of IC 14-22-26.5: Exotic Animal Permits. The entire section can be found at http://www.in.gov/legislative/ic/code/title14/ar22/ch26.5.html. The definitions section includes the following: "Fure-bearing mammal" means an animal described in 312 IAC 9-618(m), including a pet ferret (Mustela furo). "Nonhuman primate" means a vertebrate other than a human, classified in the order primates, commonly known as monkeys, baboons, gibbons, or lemurs. "Wild animal" refers generally to a wild vertebrate, but describes the following: (1) Bait fish (2) Reptiles (3) Amphibians (4) Penguins (5) Marine mammals (6) Large flightless birds (7) All species of animals not designated as domesticated animals. A full list of all different domestic and wild animals and reptiles are included in at 312 IAC 9-6-1. Commercial Propagators or breeders of ferrets or furbearing mammals must obtain a Wild Animal Commercial Propagator or Skinner’s License through the Indiana Department of Natural Resources (IDNR). They also must provide certain statutory guarantees to any person purchasing a "marshaled" ferret. Ferrets must be cleared by a veterinarian for rabies before they can be sold as pets. The regulations concerning commercial propagators can be found here (http://www.in.gov/dnr/fishwild/) at the link for Commercial Propagators (316 IAC 19-5-5, IC 14-22-20.5).
Avoid Dangerous Encounters With Injured and Vicious Animals
Animal control is a huge aspect of animal ownership in Indiana. In basically every area of the state, animal control officers are tasked with the responsibility of enforcing local animal laws. Officers can be civilians employed by other city or county departments or city police or county sheriff employees hired by the city or county that they serve.
Unfortunately, if someone is bitten by a dog running at large, they may perceive it differently and want the police or the animal control officer to take action against the owner. However, this usually does not occur unless the person bitten is able to identify the owner . For example, an officer would probably not be able to locate the owner of a black dog that bites someone riding by on a bicycle.
If charged with a violation, you can usually contact the animal control officer and attempt to explain that the dog was inside when the incident occurred or was at the end of the driveway on an unsecured leash, etc. Many animal control officers will issue a warning or may even cancel the charges.
It is important to understand that when the animal control officer gets involved, they have a responsibility to the public. Any indication of an aggressive dog will most likely put you right in the cross hairs, your dog under constant observation and your freedom to walk your dog restricted.
Adoptions and Shelters in Indiana
Every city is required to have an animal shelter, and every shelter by law must have an adoption policy, a euthanasia policy, and a health and sanitation policy. These shelters are funded in part by county tax dollars and by adoption fees.
Shelters can be funded through the county general fund, a special county care fund, or a separate criminal costs fund. The money collected by animal shelters comes from a variety of sources including dog licenses and adoption fees as well as grants and donations. The costs of running a shelter are high. If shelters do not get enough funding from other sources, the burden will fall on the local tax payers.
At least 90% of the funding for shelters is comprised of dog license payment fees. These fees are collected in full by the county auditor and then divided among the sheriff, the auditor, the treasurer, the assessor, the election board, and the auditor. The remaining fee is distributed to the state for veterinarians and rabies clinics. Of the funds remaining in any year, at least 75% must be allocated to the animal shelter.
As required by law, shelters are to be operated and maintained in a humane and sanitary manner. Many shelters offer low cost spay and neuter programs, along with low cost vaccination clinics, and stroke and register programs which help locate volunteers and foster homes for animals. Volunteers handle most of the work in these shelters and earn positive reviews for their excellent care.
Steps to Take If You Suspect Animal Abuse in Indiana
Animal control, law enforcement, health & breed inspectors, animal cruelty investigators are the primary agencies responsible for investigating complaints of animal abuse. However, you as a citizen have a responsibility to the animals in your community, so don’t wait for someone to report the situation before you step in. Unfortunately, some people may not feel comfortable reporting animal mistreatments themselves. Indiana law clearly establishes a method for reporting abuse/neglect for every species of domesticated animal.
Your Title IX-26-19.4-5.5(a) provides that "a person who witness or has direct knowledge of an animal that is abandoned, mistreated, or neglected may make a complaint to the county animal control officer." This section also allows any animal control officer in the county where the abuse is observed to initiate an investigation.
I.C. § 15-38-3-4 is specifically for dogs and cats but can be extended to other animal species upon their rescue. (a) If, upon the examination or observation of a dog or cat, or a group of dogs or cats, a state or local animal health expert determines that an animal is not provided with proper care, the state or local health expert may issue an order requiring the owner of the animal, on behalf of the animal, to receive proper care. (b) If the animal is not received proper care within two (2) working days after the order is issued, the state or local animal health expert may provide, or authorize the shipping (to the extent a dog or cat can be sent without unnecessary discomfort or undue suffering) of, proper care to the animal. This law is very broad and can apply not only to the general health needs of the animal but also considerably more than that. For most domestic animals this law would not extend itself toward the less than optimal care, such as replacing supplments or allowing your horse to roll in the arena.
If the owner does not comply with the state or local animal health expert’s order, the animal’s care can be taken over by an animal shelter, impound facility, or animal rescue organization. As the complainant, you may not receive the desired follow up from these situations; however, if the animals have been removed, the agency may or may not have the proper staff to follow up on a complaint. Only one witness or animal not receiving proper care is needed for an investigation.
Once the order is issued by the state or local animal health expert and observed by the county animal control agency, the animal control agency shall file a complaint with the prosecuting attorney who may petition the court for seizure or forfeiture of the animal. Once the complaint is filed, the court shall "hold a hearing concerning the propriety of condemning the animal or animals." Some step by step agencies may allow continue cohabitation at the discretion of the agency; they may allow continued ownership of the animal by the suspect; but no proceeds from the sale or ownership rights may extend to the suspect if the animal is found to be suffering.
Many state enforcement agencies are limited by their resources and personnel to adequately investigate and report to their county offices. A proactive citizen should be informed of their local ordinances as well as state laws and be willing to file a complaint that is rightfully required.
Recently Enacted Indiana State Animal Laws
The past few years have brought about several changes to Indiana animal laws, reflecting the shifting attitudes around pet ownership and animal rights in the Hoosier State. These developments have ranged from efforts to combat puppy mills to various municipal ordinances and regulations.
One of the most significant updates to Indiana state law in recent memory came with the enactment of House Bill 1060 back in 2016. This bill required that all kennels operating for commercial purposes be licensed and registered with the state. The bill also set registration fees at between $50 and $100 per year.
Prior to the bill’s passage, Indiana had been one of only a handful of states that did not require commercial breeders to be licensed. Other states, like Ohio, suffered severe problems with puppy mills, resulting in new laws with strict licensing standards.
Since that bill became law, Indiana has gone even further to crack down on puppy mills, with the state’s Alcohol and Tobacco Commission now handling all dog licensing and inspection duties. In 2017, the government agency shut down River Valley Kennels, a puppy mill operating in Anderson, for license violations. At the time, the facility housed 700 unhealthy puppies.
In March of this year, lawmakers in Indiana approved legislation that removed dogs, cats and ferrets from the list of animals that are prohibited from being transported into the state of Indiana. The new law, which was signed by Gov. Eric Holcomb, was on the books as of July 1, 2018.
Previously, Indiana was among a small number of states that banned the importation of certain species of animals, including foxes, raccoons, skunks, coyotes, wolves, jackal, ferrets and others. Similar laws , referred to as "ferret bans," exist in states all over the United States.
Lawmakers who proposed this latest change say that it will allow Hoosiers to bring home additional pets without fear of receiving steep fines. Two individuals were even charged for smuggling ferrets and responding to the law’s repeal, an event that helped spur legislators to action to make this change.
Previously, the state of Indiana had also experienced controversy over ordinances prohibiting the feeding of feral cats. Several cities and towns in the Hoosier state passed laws that ban citizens from feeding feral cats, with some imposing fines of up to $500 for those who ignore this ban.
Of course, pet owners remain concerned over what these feral cat bans mean for their animal rights, questioning their legality and whether they are in the best interests of the community. Advocates for the welfare of feral cat populations say that these bans will do little to solve stray cat problems, further exacerbating issues of control over these types of cats. Supporters, meanwhile, say the ban helps promote healthy and safe neighborhoods.
Even with the controversies of the past few years, there have been a number of positive developments in Indiana pertaining to animal laws. Here are just a few of the highlights of new measures that have been put in place:
These changes to animal laws in Indiana have thus far received a positive response from advocates, pet owners and animal rights supporters. While there are still serious concerns surrounding animal rights in the state, policymakers appear to be moving in the right direction toward creating laws and regulations that promote healthy, safe and happy lifestyles for all creatures great and small.