Sec. 5. (a) The following definitions apply throughout this section: (1) "Coydog" means: (A) an animal that is the offspring of a coyote and another animal; or (B) an animal that is the offspring of: (i) an animal that is the offspring of a coyote and another animal; and (ii) another animal. (2) "Secure enclosure" means an outdoor pen that is: (A) roofed or that has sides at least six (6) feet tall; and (B) constructed in such a manner that the type of animal contained within the pen cannot reasonably be expected to escape. (3) "Wolf hybrid" means: (A) an animal that is the offspring of a wolf and another animal; or (B) an animal that is the offspring of: (i) an animal that is the offspring of a wolf and another animal; and (ii) another animal. (b) An owner of a wolf hybrid or coydog shall: (1) keep the animal in a building or secure enclosure; or (2) keep the animal: (A) under the reasonable control of an individual; and (B) on a leash not more than eight (8) feet in length. Subject to subsections (c) and (d), an owner who does not comply with this subsection commits a Class B infraction. An owner who merely tethers or chains a coydog or wolf hybrid does not comply with this subsection. (c) Subject to subsection (d), an owner of a wolf hybrid or coydog commits a Class B misdemeanor if the owner recklessly, knowingly, or intentionally fails to comply with subsection (b) and: (1) the wolf hybrid or coydog enters property other than the property of the owner; and (2) the wolf hybrid or coydog causes damage to livestock or the personal property of another individual. (d) The offense under subsection (c) is: (1) a Class A misdemeanor if the owner has one (1) prior unrelated conviction under this section; (2) a Level 6 felony if: (A) the owner has more than one (1) prior unrelated conviction for a violation under this section; or (B) the owner knowingly, intentionally, or recklessly fails to comply with subsection (b) and the failure to comply results in serious bodily injury to a person; and (3) a Level 5 felony if the owner knowingly, intentionally, or recklessly fails to comply with subsection (b) and the failure to comply results in the death of a person. (e) Notwithstanding IC 36-1-3-8 (a), a unit (as defined in IC 36-1-2-23 ) may adopt an ordinance: (1) prohibiting a person from possessing a wolf hybrid or coydog; or (2) imposing: (A) a penalty of more than one thousand dollars ($1,000) up to the limits prescribed in IC 36-1-3-8 (a)(10)(B) for a violation of subsection (b); or (B) conditions on the possession of a wolf hybrid or coydog that are more stringent than the provisions of subsection (b). [Pre-2008 Recodification Citation: 5-5-12-3.5.]
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