Sec. 2. (a) This subsection applies in a township for which the board of county commissioners has adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another person that is enclosed by a lawful fence, the person injured by the actions of the domestic animal may recover the amount of damage done.
(b) This subsection applies in a township for which the board of county commissioners has not adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another person, it is not necessary for the person injured by the actions of the domestic animal to allege or prove the existence of a lawful fence to recover for the damage done.
[Pre-2002 Recodification Citation: 32-10-2-2.]
As added by P.L.2-2002, SEC.11.
Structure Indiana Code
Chapter 2. Enclosures, Trespassing Animals, and Partition Fences
32-26-2-2. Domestic Animal Breaking Into Enclosure
32-26-2-3. Tender of Costs and Damages; Confession of Judgment
32-26-2-4. Strays; Confining Domestic Animal
32-26-2-5. Notice to Owner; Confining Domestic Animal
32-26-2-6. Examination and Assessment of Damages
32-26-2-7. Notice or Advertisement of Confined Domestic Animal
32-26-2-8. Owner Demanding Trespassing Stray From Confiner
32-26-2-9. Trial; Owner Controverting Damages or Denying Trespass
32-26-2-11. Damages and Costs; Payment Before Recovering Property
32-26-2-12. Judgment; Trespass Not Committed by Animal Confined
32-26-2-13. Sale of Trespassing Strays; Retention of Damages and Costs
32-26-2-14. Release of Trespassing Animal; Fence Not Lawful
32-26-2-15. Existing Fence Becoming Partition Fence; Compensation
32-26-2-16. Existing Fence Becoming Partition Fence; Action for Payment
32-26-2-17. Joining Fence to Fence of Another
32-26-2-18. Notice; Intention to Remove Partition Fence
32-26-2-19. Removal of Fence Erected on Land of Another; Damages
32-26-2-20. Removal of Fence Erected on Land of Another; Safeguarding Crops