(A) An owner or keeper of an animal commits a violation of this chapter if that animal chases or approaches in an aggressive manner and/or attacks a person or another domestic animal resulting in injury who did not provoke the animal prior to the attack.
(B) It shall be a defense to prosecution under this section if:
(1) The violation of division (A) occurred in an enclosure in which the animal was confined without means of escape, there was posted at the main entrance of the enclosure a notice to beware of the animal, and the person or animal attacked entered the enclosure without invitation; or
(2) The violation of division (A) occurred during the commission or attempted commission of, or escape from, a criminal act on the property of the owner or keeper of the animal.
(C) If a judgment is entered under this section the court, in its discretion, may enter a finding that the animal is deemed a vicious animal for purposes of Chapter 90 the violation results in the animal causing serious injury or death to any person or animal, the court upon request, may order the animal forfeited or destroyed.
(D) The liability imposed by this section shall not reduce, substitute for or in any manner be deemed to be in derogation of the rights accorded victims of dog bite injury or property damages as provided for at IC 15-20-1-3, et seq. or by common law.
(Ord. 09-02-21, passed 2-23-21)