CHAPTER 26. WILD ANIMAL PERMIT
IC 14-22-26
Chapter 26. Wild Animal Permit
IC 14-22-26-1
Applicability of chapter
Sec. 1. This chapter does not apply to licensed commercial animaldealers, zoological parks, circuses, or carnivals.
As added by P.L.1-1995, SEC.15.
IC 14-22-26-2
"Zoological park" defined
Sec. 2. As used in this chapter, "zoological park" means:
(1) a permanent establishment that is a member of the AmericanAssociation of Zoological Parks and Aquariums; or
(2) an agency of local government, open to and administered forthe public, to provide education, conservation, and preservationof the earth's fauna.
As added by P.L.1-1995, SEC.15.
IC 14-22-26-3
Rules regarding permits
Sec. 3. The director may adopt rules under IC 4-22-2 to requireand issue the following:
(1) A permit to possess a wild animal protected by statute orrule.
(2) A permit to possess a wild animal that may be harmful ordangerous to plants or animals. A separate permit is required foreach wild animal described in this subdivision.
As added by P.L.1-1995, SEC.15.
IC 14-22-26-4
Form; issuance; expiration; fee
Sec. 4. A permit issued under this chapter:
(1) must be in the form prescribed by the director;
(2) may not be issued unless the director is satisfied that thepermit should be issued;
(3) has an expiration date fixed by the director; and
(4) has a fee of ten dollars ($10).
As added by P.L.1-1995, SEC.15.
IC 14-22-26-5
Suspension of permit; seizure and holding of animals; adjudicativeproceedings; costs
Sec. 5. (a) If an emergency exists, the director may summarilysuspend a permit issued under this chapter. The director maysummarily seize and hold an animal for which a permit is requiredunder this chapter, pending the outcome of the proceedings underthis section, if either of the following conditions exist:
(1) A permit has not been issued to possess the animal.
(2) A permit has been issued to possess the animal, but the
director believes that an emergency exists because at least one(1) of the following conditions exists:
(A) The animal is in a position to harm another animal.
(B) The life or health of the animal is in peril.
(b) After suspending a permit or seizing and holding an animalunder subsection (a), the department shall proceed as quickly asfeasible to provide the opportunity for completed adjudicativeproceedings under IC 4-21.5. The proceedings may result in therevocation, temporary suspension, or modification of the permit.Provision may be made for a final disposition with respect to thewild animal, including confiscation of the animal. IC 4-21.5 providesthe exclusive remedy available to a person aggrieved by adetermination of the department under this section.
(c) The director may contract with experts in the handling ofanimals for which a permit is required under this chapter to assist thedirector in seizing and holding an animal under this section. A personwho seizes and holds an animal under a contract with the director isnot subject to legal action arising from the seizure or holding to thesame extent as if the person was an employee of the department.
(d) The owner of an animal seized under this section is liable forthe costs of seizing and holding the animal and of the proceedingsunder this section, including a trial, if any.
As added by P.L.1-1995, SEC.15.
IC 14-22-26-6
Rules regarding safety and health
Sec. 6. Rules adopted under this chapter must provide for thefollowing:
(1) The safety of the public.
(2) The health of the animals.
As added by P.L.1-1995, SEC.15.