CHAPTER 2. LIVESTOCK KILLING DOGS
IC 15-20-2
Chapter 2. Livestock Killing Dogs
IC 15-20-2-1
Liability of owner or harborer
Sec. 1. If a dog kills or injures any livestock while the livestock
is in the care, custody, and control of the livestock's owner or the
owner's agent, the owner or harborer of the dog is liable to the owner
of the livestock for all damages sustained, including reasonable
attorney's fees and court costs.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-2
Authority to kill dog injuring livestock
Sec. 2. A person who observes a dog in the act of killing or
injuring livestock may kill the dog if the person has the consent of
the person in possession of the real estate on which the dog is found.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-3
Losses chargeable to county
Sec. 3. (a) The following losses and expenses are chargeable to
the county in which an attack or exposure occurs:
(1) Damages, less compensation by insurance or otherwise,
sustained by the owner of the following stock, fowl, or game
killed, maimed, or damaged by a dog:
(A) Sheep.
(B) Cattle.
(C) Horses.
(D) Swine.
(E) Goats.
(F) Mules.
(G) Chickens.
(H) Geese.
(I) Turkeys.
(J) Ducks.
(K) Guineas.
(L) Tame rabbits.
(M) Game birds and game animals held in captivity under
authority of a game breeder's license issued by the
department of natural resources.
(N) Bison.
(O) Farm raised cervidae.
(P) Ratitae.
(Q) Camelidae.
(2) The expense of rabies post exposure prophylaxis that is
incurred by any person who is bitten by or exposed to a dog
known to have rabies.
(b) Damages are not chargeable to a county under this section for
sheep except those claims in which individual damage exists or is
shown.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-4
Claim procedure
Sec. 4. (a) A county auditor shall establish procedures in
accordance with the requirements of sections 3(a) and 6 of this
chapter by which a claimant may submit a claim to the county
auditor or a designee of the county auditor.
(b) A county auditor who:
(1) receives a verified claim under section 3(a) of this chapter
from a claimant; and
(2) is satisfied that the claim meets the requirements of sections
3(a) and 6 of this chapter;
shall immediately issue a warrant or check to the claimant for the
verified amount of the claim. If a county option dog tax adopted
under IC 6-9-39 is not in effect in the county, a claim under this
section may be paid out of nonappropriated funds. A county auditor
who is not satisfied that a claim meets the requirements of sections
3(a) and 6 of this chapter shall promptly notify the claimant.
(c) A person whose claim under section 3(a) of this chapter is
denied by a county auditor may file an action in a court with
jurisdiction to determine whether the county auditor acted in
conformance with the requirements of this section and sections 3 and
6 of this chapter. If the court determines that the county auditor
failed to comply with the requirements of this section or sections 3
and 6 of this chapter in evaluating the person's claim, the court may
fashion an appropriate remedy, including an order directed to the
county auditor to reconsider the person's claim.
As added by P.L.2-2008, SEC.11. Amended by P.L.1-2009, SEC.114.
IC 15-20-2-5
Treatment by own physician
Sec. 5. A person requiring the treatment described in section
3(a)(2) of this chapter may select the person's own physician.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-6
Claims; requirements
Sec. 6. (a) An owner desiring to make a claim under section
3(a)(1) of this chapter must do the following:
(1) Not more than seventy-two (72) hours after the time of the
loss, notify one (1) of the following having jurisdiction in the
location where the loss occurred:
(A) A law enforcement officer.
(B) An officer of a county or municipal animal control
center, shelter, or similar impounding facility.
(2) Not more than twenty (20) days after the time of the loss,
report the loss to the county auditor as follows:
(A) Under oath, the owner shall state:
(i) the number, age, and value of the stock, fowl, or game;
and
(ii) the damages sustained, less compensation by insurance
or otherwise.
(B) In an affidavit, the owner must be joined by two (2)
disinterested and reputable freeholders residing in the
township in which the stock, fowl, or game were killed,
maimed, or damaged. The affidavit must state that the
freeholders are:
(i) disinterested; and
(ii) not related by blood or marriage to the claimant.
(C) An appraisal of the stock, fowl, or game that were killed,
maimed, or damaged may not exceed the actual cash value
of the stock, fowl, or game. As it applies to ratitae, cash
value may not exceed the slaughter value.
(D) The owner shall provide verification of the loss by an
officer described in subdivision (1).
(E) Payment for a loss for property owned by a claimant on
the last property tax assessment date may not be paid if the
property was not reported by the owner for assessment
purposes at that time.
(b) In addition to the requirements of subsection (a), the claimant,
if requested to do so by the county auditor or a person designated by
the county auditor, must grant the right of subrogation to the county
for the total amount paid on the claim to the claimant by the county
on a form prescribed by the county auditor.
As added by P.L.2-2008, SEC.11.
IC 15-20-2-7
Investigation of location of loss; documentation
Sec. 7. (a) An officer who receives notice under section 6(a)(1) of
this chapter shall visit the scene of the loss, verify the loss in writing,
and mark each killed, maimed, or damaged animal so that the animal
can support only one (1) claim under this chapter.
(b) A person desiring to make a claim under section 3(a)(2) of this
chapter must provide the county auditor with documentation that the
person, or a person for whom the claimant is financially responsible,
underwent rabies post exposure prophylaxis.
As added by P.L.2-2008, SEC.11.