Indiana § 15-17-14-11 - Offenses; civil penalties

§ 15-17-14-11. Offenses; civil penalties

Sec. 11. (a) A person who knowingly or intentionally allows a scale to be used in a business transaction involving the purchase, sale, or exchange of livestock:

(1) after the scale has been condemned; and

(2) before it has been repaired to the satisfaction of the scale inspector;

commits a Level 6 felony.

(b) In addition to any criminal penalties imposed, a person who violates subsection (a) may be subject to a civil penalty of fifty dollars ($50) for each day the defective scale is used. If a civil penalty is assessed under this subsection and not paid, the prosecuting attorney of the county where the proceeding was brought may enforce the collection of the civil penalty. Civil penalties collected under this section must be deposited in the state general fund.

[Pre-2008 Recodification Citation: 15-2.1-14-9.]

As added by P.L.2-2008, SEC.8. Amended by P.L.158-2013, SEC.211.

IC 15-17-14.5Chapter 14.5. Cervidae and Cervidae Products

15-17-14.5-1"Cervidae livestock operation" 15-17-14.5-2"Cervidae products" 15-17-14.5-3Cervidae and products property of the owner 15-17-14.5-4Sale of cervidae meat 15-17-14.5-5Animal standards of care

IC 15-17-14.5-1"Cervidae livestock operation" Sec. 1. As used in this chapter, "cervidae livestock operation" means an operation that:

(1) contains privately owned cervidae; and

(2) involves the breeding, propagating, purchasing, selling, and marketing of cervidae or cervidae products;

but does not involve the hunting of privately owned cervidae.

As added by P.L.89-2016, SEC.17.

IC 15-17-14.5-2"Cervidae products" Sec. 2. As used in this chapter, "cervidae products" means products, coproducts, or byproducts of cervidae.

As added by P.L.89-2016, SEC.17.

IC 15-17-14.5-3Cervidae and products property of the owner Sec. 3. Cervidae and cervidae products legally produced, purchased, possessed, or acquired within Indiana or imported into Indiana are the exclusive property of the owner.

As added by P.L.89-2016, SEC.17.

IC 15-17-14.5-4Sale of cervidae meat Sec. 4. Meat and products derived from privately owned cervidae that are from a cervidae livestock operation may be sold to the general public, subject to IC 15-17-5.

As added by P.L.89-2016, SEC.17.

IC 15-17-14.5-5Animal standards of care Sec. 5. The board may establish under IC 15-17-3-23 standards of care for animals on cervidae livestock operations.

As added by P.L.89-2016, SEC.17.

IC 15-17-14.7Chapter 14.7. Hunting Preserves

15-17-14.7-1"Hunting preserve" 15-17-14.7-2"Licensed owner" 15-17-14.7-3Permitted animal 15-17-14.7-4Initial license; change of ownership; annual inspections; fee 15-17-14.7-5Permitted animals property of the owner 15-17-14.7-6Hunting preserve requirements 15-17-14.7-7Report of escape 15-17-14.7-8Prohibited activities 15-17-14.7-9Hunting permit required; expiration; fees; confidential information 15-17-14.7-10Transportation and cull tags 15-17-14.7-11Records of licensed owner; inspection of records 15-17-14.7-12Hunting season; bag limits; hunting fees 15-17-14.7-13Weapons allowed; computer assisted remote hunting prohibited 15-17-14.7-14Animal standards of care; rules; inspections 15-17-14.7-15Violations 15-17-14.7-16Captive cervidae programs fund

IC 15-17-14.7-1"Hunting preserve" Sec. 1. As used in this chapter, "hunting preserve" means an area of land where permitted animals are hunted.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-2"Licensed owner" Sec. 2. As used in this chapter, "licensed owner" means an owner of a hunting preserve who holds a license issued under this chapter.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-3Permitted animal Sec. 3. As used in this chapter, "permitted animal" means a legally owned captive bred wild animal classified as follows:

(1) A member of the cervidae family.

(2) A member of the bovidae family genus ovis.

(3) A member of the bovidae family genus capra.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-4Initial license; change of ownership; annual inspections; fee Sec. 4. (a) The board shall issue an initial hunting preserve license to a person who:

(1) meets all other requirements of this chapter; and

(2) pays a fee of three hundred dollars ($300).

(b) A hunting preserve license issued under this section may be transferred or assigned. If a person acquires a hunting preserve through a sale, a lease, or a change in ownership of the hunting preserve, the person must:

(1) obtain a hunting preserve license from the board; and

(2) meet the requirements set forth in this chapter;

before allowing hunting on the hunting preserve.

(c) A hunting preserve must pass an annual inspection by the board.

(d) A person who:

(1) meets the requirements set forth in this chapter; and

(2) pays an annual fee of three hundred dollars ($300);

is entitled to renew a license.

(e) The board shall deposit all fees collected under this section in the captive cervidae programs fund established by section 16 of this chapter.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-5Permitted animals property of the owner Sec. 5. Permitted animals, including their products, are the property of the licensed owner of the hunting preserve containing the permitted animals.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-6Hunting preserve requirements Sec. 6. (a) A hunting preserve must:

(1) provide sufficient space and cover to allow permitted animals the opportunity to evade hunters; and

(2) meet the following requirements:

(A) The hunting preserve must meet the applicable minimum size requirement of subsection (b).

(B) The hunting preserve must be enclosed by a fence that is at least eight (8) feet in height and not more than six (6) inches above the ground.

(C) Reasonable efforts must be made to clear the hunting preserve of wild deer.

(D) The hunting preserve may not be bisected by a public road, fencing, or any other barrier.

(E) The fence enclosing the hunting preserve must be marked with signs that meet the specifications of the board.

(b) A hunting preserve must contain:

(1) an aggregate total of at least eighty (80) acres in the areas where permitted animals are hunted if the hunting preserve was in operation during the 2015 calendar year; or

(2) at least one hundred (100) contiguous acres in the area where permitted animals are hunted if the hunting preserve was not in operation during the 2015 calendar year.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-7Report of escape Sec. 7. If a permitted animal escapes from a hunting preserve, the owner shall report the escape to the board within twenty-four (24) hours after the escape is discovered.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-8Prohibited activities Sec. 8. A licensed owner may not do the following:

(1) Release a permitted animal into the wild.

(2) Release any cervid other than a permitted animal on the hunting preserve.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-9Hunting permit required; expiration; fees; confidential information Sec. 9. (a) Hunting on a hunting preserve is not regulated by the department of natural resources. A person who takes or hunts a permitted animal on a hunting preserve is not required to hold a license under IC 14-22.

(b) A person who takes or hunts a permitted animal on a hunting preserve is required to have a special hunting permit issued by the board.

(c) The board:

(1) shall issue a special hunting permit that is required under subsection (b); and

(2) may appoint owners or managers of a hunting preserve as agents to sell the special hunting permit.

(d) A special hunting permit expires on March 2 immediately following the date the license is effective.

(e) The fee for a special hunting permit issued under this section to take a buck is equal to the fee set by the natural resources commission under IC 14-22-12-1(a)(15) per animal.

(f) The fee for a special hunting permit issued under this section to take a doe, a sheep, or a goat is equal to the fee set by the natural resources commission under IC 14-22-12-1(a)(6) per animal.

(g) The board shall deposit all fees collected under this section in the captive cervidae programs fund established by section 16 of this chapter.

(h) The name, mailing address, electronic mail address, and telephone number of an individual issued a special hunting permit under this section is confidential for purposes of IC 5-14-3-4.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-10Transportation and cull tags Sec. 10. (a) The board shall provide a licensed owner with a transportation tag or a cull tag to be affixed as follows to every permitted animal taken on the licensed owner's hunting preserve:

(1) The licensed owner shall cause a transportation tag to be affixed to each permitted animal taken by a hunter on the hunting preserve.

(2) The licensed owner shall cause a cull tag to be affixed to each animal culled by the licensed owner.

(b) A hunter may not transport or possess a permitted animal taken on a hunting preserve unless a transportation tag is affixed to the permitted animal. A transportation tag affixed to a permitted animal taken by a hunter on a hunting preserve is considered to be the bill of sale for the sale of the permitted animal by the licensed owner to the hunter.

(c) A licensed owner may not transport a permitted animal culled from the hunting preserve by the licensed owner unless a cull tag is affixed to the permitted animal. A culled permitted animal may be transported from the hunting preserve to be processed for the personal consumption of the licensed owner or to be donated to charity. The board may not charge a licensed owner for a cull tag provided under this section.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-11Records of licensed owner; inspection of records Sec. 11. (a) A licensed owner shall keep records that accurately represent the following:

(1) The permitted animals entering and leaving the hunting preserve.

(2) The individuals who use the hunting preserve.

(3) Information that documents compliance with this chapter as determined by rules adopted by the board.

(b) The records under subsection (a) must be maintained for a period determined by the board and must be open for inspection by employees of the board during regular business hours.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-12Hunting season; bag limits; hunting fees Sec. 12. (a) Permitted animals may be hunted on a hunting preserve licensed under this chapter from September 1 through March 1 between one-half (1/2) hour before sunrise and one-half (1/2) hour after sunset.

(b) For permitted animals taken on a hunting preserve there is not a bag limit, and both male and female animals may be taken.

(c) A licensed owner may charge fees for hunting on the hunting preserve that reflect the class of permitted animal hunted.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-13Weapons allowed; computer assisted remote hunting prohibited Sec. 13. (a) Only weapons that may be used legally in hunting on other property in Indiana may be used in hunting on a hunting preserve.

(b) A hunting preserve may not allow computer assisted remote hunting.

(c) If a permitted animal has been sedated, the hunting preserve may not allow the permitted animal to be hunted within twenty-four (24) hours of sedation. In addition, the board may adopt rules governing the use of a permitted animal for food after the permitted animal has been sedated or treated with medication.

(d) Hunting on a hunting preserve is prohibited within one hundred fifty (150) yards of an artificial feeding site.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-14Animal standards of care; rules; inspections Sec. 14. (a) The board may establish under IC 15-17-3-23 standards of care for permitted animals on hunting preserves licensed under this chapter.

(b) The board may not adopt rules that have the effect of prohibiting or unreasonably restricting the operation of a hunting preserve. However, the board's ability to regulate animal diseases and food safety is not restricted by this subsection.

(c) The board may inspect a hunting preserve to investigate a complaint at any reasonable time.

(d) The board may inspect a hunting preserve to investigate an issue concerning animal health at any reasonable time.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-15Violations Sec. 15. (a) Except as provided in subsection (b), a person who violates this chapter is subject to the penalties set forth in IC 15-17-18-12.

(b) A person who knowingly or intentionally violates section 7, 8, 13(b), or 13(c) of this chapter commits a Level 6 felony.

As added by P.L.89-2016, SEC.18.

IC 15-17-14.7-16Captive cervidae programs fund Sec. 16. (a) The captive cervidae programs fund is established. The board may use money in the fund to pay the expenses of:

(1) administering IC 15-17-14.5 and this chapter; and

(2) implementing programs to control diseases in cervidae authorized under this article.

(b) The fund shall be administered by the board.

(c) The fund consists of all fees collected under this chapter.

(d) The expenses of administering the fund shall be paid from money in the fund.

(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.89-2016, SEC.18.

IC 15-17-15Chapter 15. Sales, Shipments, and Exhibitions

15-17-15-1Sale of diseased animals 15-17-15-2Records 15-17-15-3Health certificate; exemption 15-17-15-4Brucellosis reactors 15-17-15-5Disinfecting premises of sales 15-17-15-6Swine sales; vaccination and treatment 15-17-15-7Sales for immediate slaughter 15-17-15-8Injured or diseased animal; sale or purchase for food purposes 15-17-15-9Fairs and livestock shows 15-17-15-10State inspection; duties of operator 15-17-15-11Identification of animals moving in trade 15-17-15-12Documents accompanying animals in transit