Dog killed by Raccoon trap in state park

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  • Hookeye

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    Dec 19, 2011
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    armpit of the midwest
    I never assumed the trap that caught the animal in question was checked every two days.

    Just theorized that a killer trap might have been chosen over another type to allow for that possibility (which could maybe??? fall under some special consideration ruling that sportsmen may not go by).

    Work on that reading comprehension please.

    I'm not going to write with disclaimers on everything or spell it all out to exact detail.

    If you don't "get it" that's not my freakin' problem. And jumping my arse because you dont "get it" means I'll probably be banned shortly.

    I don't care.
     
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    Hookeye

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    I don't know who set the trap or what rules they went by.

    Do know that the rules can differ from insider to outsider.

    Just theorized what might have been.

    And am getting my arse jumped for it by some hick that can't friggin read.
     

    gaw

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    Dec 17, 2011
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    That is why I don't use 220 conibears to trap coon. I was always afraid of catching some ones hunting dog. At least if you catch them in a foot trap it won't kill them!
     

    Indy317

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    Why do you people who have no idea about Indiana law make untrue statements?

    "LEASH LAW" PERIOD!! PET OWNERS FOLLOW THE LAW JUST AS THE TRAPPER IN THIS STORY WAS AND THERE WONT BE ANY PROBLEMS!!!!

    Don't break the dam leash law...

    What "leash law" are you referring to? This was state property, Versailles State Park, so I don't think any county/city/town ordinances apply. Using Google, it appears the park isn't incorporated into any city/town limits, so the only local "leash law," that may apply would be a Ripley County county ordinance. The only dog ordinance on the Sheriff's website deals with "vicious" dogs, which doesn't appear to be the case here.


    There is IC 15-20-1-4, subsection "c," but I wouldn't call it a leash law at all:
    (c) This subsection does not apply to a nonaggressive dog that goes beyond the owner's premises onto agricultural or forested land. An owner of a dog commits a Class D infraction if the owner of the dog allows the dog to stray beyond the owner's premises, unless the dog is under the reasonable control of an individual or the dog is engaged in lawful hunting and accompanied by the owner or a custodian of the dog. However, the offense is a Class C infraction if the owner has a prior unrelated judgment for a violation of this subsection.

    "Forested land" isn't defined in the Indiana Code that I know of. "Under reasonable control of an individual" also isn't defined that I can find.

    I would say Versailles SP is likely forested land. Since there is no definition of what reasonable control is, it is hard for me to say if the actions of the owner here violated anything that could be considered a "leash law."

    Please, point out the "leash law" broken here, otherwise to borrow a quote from a wise man:

    Why do you people who have no idea about Indiana law make untrue statements?


    :laugh:
     

    Lonnie

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    Indy317 , since you don't know the laws and rules I will post this from the
    Indiana State parks and res. web site

    Leash law is pretty simply SPELLED OUT IN BLACK AND WHITE ,


    copy and past the link below into your wen browser

    http://www.in.gov/dnr/files/pet-etiquette.pdf





    Help Your Dog be a Good Guest
    Hiking trails, picnic areas and campgrounds can be busy,
    unfamiliar and even sometimes overwhelming places for
    dogs. Whether you brought Squeakers the Great Dane, or
    Butch the Chihuahua, there are some basic courtesies we
    hope you will remember while you visit:
    Six foot leash rules apply to the entire property. The only time your dog may
    be off the leash is inside your camper, tent, or vehicle.
    Your dog is a guest at this property, but the wildlife actually lives
    here. Please respect wildlife and plant life.
    Please pick up after your dog. Bring along your extra plastic grocery bags to
    hold your doggy droppings. Please place the bags in the campground dumpster
    or pack them out if you are visiting just for the day. (Hint: double bagging is a
    helpful idea!)
    Campground quiet hours (11pm– 7am) apply to all of our guests,
    including dogs. If your dog is fairly vocal outside of quiet hours, we
    ask that you leave your pet at home so everyone gets a good night’s
    sleep!
    Because you are only visiting, there is no need to be territorial. If your dog
    is territorial, or just plain aggressive, he or she should be left at home in
    familiar territory.
    If you decide to go exploring, please take your dog with you. You
    must keep your pet with you at all times. Remember to think ahead
    for your pet, as well as yourself, and make sure he or she will be
    able to drink fresh, clean water frequently throughout the day.
    Make sure your dog’s vaccinations are up-to-date. This is a state law. Your
    pet may encounter other pets (or wildlife) who may not be in perfect health,
    and vaccinations provide protection.
    **If your dog finds these rules too strict, please ask about local kennel options.
    Indiana State Parks and Reservoirs
    402 W. Washington Room W298
    Indianapolis, IN 46204
    www.stateparks.IN.gov



    rather easy to understand
     
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    Indy317

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    Indy317 , since you don't know the laws and rules I will post this from the
    Indiana State parks and res. web site

    Leash law is pretty simply SPELLED OUT IN BLACK AND WHITE ,

    rather easy to understand

    You said "leash law," both in quotes and out. Laws are different than rules. Your words implied the person was in violation of the law, not a simple park rule. You then gave other examples of dogs running free that had nothing to do with state parks. Again, no leash "law" in the information you provided. Just a rule for dogs in state parks.
     

    Indy317

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    I have found more than a simple PDF flyer that does show the person may have been in violation if here dogs were off leash in a state park:

    The rules for DNR properties are found in the Indiana Administrative Code (IAC): 312 IAC 8-1-1:

    www.in.gov/legislative/iac/T03120/A00080.PDF

    This IAC states the following concerning leashes on state park property:

    312 IAC 8-2-6 Animals brought to DNR properties
    Sec. 6. (a) A person who possesses a pet or service animal must:
    (1) keep the animal caged or on a leash not more than six (6) feet long; and
    (2) attend the animal at all times.
    This subsection does not apply to activities governed by section 3(e) of this rule.


    In addition to this, there are penalties for violating:

    312 IAC 8-5-1 Infraction
    Sec. 1. (a) A person who violates this article commits a Class C infraction.
    (b) A violation of this article may be enforced by a prosecuting attorney or through the initiation of a commission complaint
    for a notice of violation under IC 14-10-2-6.


    IC 14-10-2-6 Notices of violation
    Sec. 6. (a) The commission may issue a notice of violation to a person who violates a law administered by the department for which a misdemeanor or an infraction penalty is established. If the person:
    (1) receives the notice; and
    (2) fails to abate the violation within a period of not less than fifteen (15) days specified in the notice;
    the commission may impose a charge that does not exceed the maximum amount that may be assessed by a court for committing the violation.
    (b) IC 4-21.5 applies to proceedings by the commission under this section. The department has the burden of proving the alleged violation by a preponderance of the evidence.
    (c) A separate notice of violation may be issued or a separate charge imposed for each day a violation occurs.
    (d) The person may establish as an affirmative defense the filing by a prosecuting attorney of a misdemeanor information or infraction complaint based on the same event as that upon which the notice of violation was based. The person has the burden of proving the affirmative defense.
    (e) The remedy provided by this section is supplemental to other remedies.

    This is the only "lease law" (not rule) that I've been able to find in Indiana, and it only applies to DNR properties.
     

    Lonnie

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    i will dig more up later
    this is what comes up when I search leash law in Hamilton county
    Dogs and cats apply to this rule I assume , as some text in the search seems to point to this

    IC 15-17-18-8
    Animals running at large
    Sec. 8. (a) Except as provided in subsection (b), a person responsible for livestock or
    poultry who knowingly or intentionally permits the livestock or poultry to run at large
    commits a Class B misdemeanor.
    (b) Subsection (a) does not apply to a person who keeps livestock on property by
    means of a cattle guard or another device under IC 8-17-1-2.1.
    As added by P.L.2-2008, SEC.8.
    Dogs, Coydogs, Wolfhybrids

    this came from here
    [SIZE=-2]DF][/SIZE] Livestock IC 15-17-18-8 Animals running at large ... Dogs, Coydogs, Wolfhybrids ... building or secure enclosure; or (2) keep the animal:
    (A) under the reasonable control of an individual; and (B) on a leash not more ...
    [SIZE=-1]www.hamiltoncounty.in.gov/library/sheriff/docs/IndianaStateAnimalLaws.pdf[/SIZE][SIZE=-1] - 2011-01-25[/SIZE]
     

    Lonnie

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    from Boone county



    Boone County, IN Code of Ordinances, Volume 1, Title IX
    Retrieved from http://boonecounty.in.gov
    (http://www.amlegal.com/nxt/gateway.dll/Indiana/boonecounty_in/boonecountyindiana?f=templates$fn=default.htm$3.0$ vid=amlegal:boonecounty_in)


    § 93.01 RESTRAINT OF DOGS.
    (A) Leash requirement. It shall be a Class D infraction for the owner of a dog to allow his or her dog to stray beyond his or her property or premises unless the dog is on a leash or other restraint device.

    (B) Exception. This section shall not apply to dogs accompanied by their owners when engaged in lawful hunting, agricultural, service, or law enforcement activities.

    (C) Fines. Persons violating this section shall be subject to the following fines:

    (1) First violation in a 24-month period: $100;

    (2) Second violation in a 24-month period: $150;

    (3) Third violation in a 24-month period: $250;

    (4) Four or more violations in a 24-month period: $500.

    (D) Leash Law Fund.

    (1) Fines paid shall be deposited into the Leash Law Fund. This shall be a non-reverting fund.

    (2) The funds transferred into this fund may be used for the support of animal control in Boone County by providing funding to the Sheriff of Boone County or other animal control organizations.

    (Ord. 2007-12, passed 7-2-2007)
     

    Lonnie

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    Marion county

    Marion County municipal code's "Animals" section offers guidance. Sec. 531-102 states that animals at large are prohibited, with various penalties depending on the circumstances. What does "at large" mean? Sec. 531-101 explains that "At large means not confined without means of escape of any portion of the animal's body in a pen, corral, yard, cage, house, vehicle or other secure enclosure, unless on a leash and under the control of a competent human being."
    What does "under control" mean? The definition of an animal being "monitored" in Sec. 531-101 goes on to offer a bit more help: "Monitored means that the animal is controlled by means of a leash or other device held by a competent person, subject to the provisions of sections 531-401 and 531-728, which animal is sufficiently near the owner or handler as to be under his or her direct control and is obedient to that person's command."
     

    Indy317

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    i will dig more up later
    this is what comes up when I search leash law in Hamilton county
    Dogs and cats apply to this rule I assume , as some text in the search seems to point to this

    IC 15-17-18-8
    Animals running at large
    Sec. 8. (a) Except as provided in subsection (b), a person responsible for livestock or poultry who knowingly or intentionally permits the livestock or poultry to run at large commits a Class B misdemeanor.
    (b) Subsection (a) does not apply to a person who keeps livestock on property by means of a cattle guard or another device under IC 8-17-1-2.1.
    As added by P.L.2-2008, SEC.8.
    Dogs, Coydogs, Wolfhybrids

    You know what they say when you assume something? The above text is clearly part of the Indiana code. Further investigation shows that livestock, like many other words, is specifically defined in the Indiana code:

    IC 15-17-2-47 "Livestock"
    Sec. 47. (a) "Livestock", except as provided in subsection (b), means domestic animals, except the following:
    (1) Aquatic animals.
    (2) Fish.
    (3) Dogs.
    (4) Cats.

    Livestock doesn't include dogs or cats. At this time, it appears there is only a leash law within the state parks, which is bad for the lady in this story if her dog was off leash. Doubt the state will want to charge her though. There are also "leash laws" for various cities, towns, and counties, but it would be hard to find all of those. There are likely hundreds.
     
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