Any dangerous dog shall be immediately confiscated by an animal control authority if:

1. 1. The dog is not validly registered under Section 2 of this act;
2. 2. The owner does not secure the liability insurance coverage or surety bond required under Section 2 of this act;
3. 3. The dog is not maintained in the proper enclosure; and

4. 4. The dog is outside of the dwelling of the owner, or outside the proper enclosure and not under physical restraint of the responsible person. In addition, the owner shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year or by the imposition of a fine not to exceed Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. Any such fine, at the discretion of the court, may be offset by payments made by the dog owner to any victim of an attack by the dog. However, insurance payments may not be considered as an offset.

   It is the purpose of this act to provide additional and cumulative remedies to control dangerous and potentially dangerous dogs in this state. Nothing in this act shall be construed to abridge or alter rights of action or remedies of victims under the common law or statutory law, criminal or civil.

Added by Laws 1991, SB 87, c. 199, § 4, eff. February 1, 1992.