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(1) For purposes of this section, the words “vicious,” “fierce” and “dangerous animal” mean and include an animal which has:

(a) Attacked a person without having been provoked by that person;

(b) Attacked, at some place other than its owner’s or keeper’s property, another animal; and

(c) Chased or approached a person at some place other than its owner’s or keeper’s property, in a menacing fashion or apparent attitude of attack.

(2) It is unlawful for an owner or keeper of a vicious, fierce, or dangerous animal to cause, suffer, or allow it to go unconfined and unrestrained on the owner’s or keeper’s premises, or to run at large, within the town limits.

(3) It is unlawful for an owner or keeper of a vicious, fierce or dangerous animal to walk any such animal within the town limits or otherwise cause, suffer or allow its presence upon a public street or byway, right-of-way, or public land or building owned by the town, or upon private property without permission of the owner thereof.

(4) It shall be the duty of the town’s police department with the assistance of animal care and control to impound any vicious, fierce or dangerous animal found unconfined or running at large in violation of this section and to retain custody of that animal until the animal is returned to its owner, adopted, or disposed of in a humane manner.

The town marshal or an authorized employee shall have the authority to request the assistance of the law enforcement officers of the city of Indianapolis animal control division in matters relating to the impoundment, custody and disposition of vicious, fierce or dangerous animals within the town.

It shall be the duty of the enforcement authority to notify the owners of all licensed animals having a tag attached to them when apprehended where the animal has been impounded and is being held.

(5) The owner of a vicious animal shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious animal on the premises. A similar sign is required to be posted on the pen or kennel of the animal.

(6) The owner or person in control of such dog must maintain liability insurance on such animal in an amount of at least $300,000 for personal injury. A certificate of such insurance must be available for viewing by any police officer upon the request of such officer.

(7) A person who violates any provision of this section shall be punishable as provided in HMC 6.05.170; provided, however, the fine imposed for any such violation shall be not less than $100.00. If the violation results in the animal causing serious bodily injury to any person, the court upon request shall order the animal forfeited and/or destroyed. [Amended during 2020 recodification; Code 1982 Art. 1, Ch. 6, § 2.]