Section SAF.02.20 — Animal Control

(a) Definitions. The following definitions shall apply for purposes of this section.

(1) "Animal" includes every living warm-blooded creature (except human beings), reptile, or amphibian.

(2) "Domestic animal" refers to dogs, cats, small pets, and livestock.

(3) "Livestock" refers to any horse, bovine, sheep, goat, pig, llama, alpaca, domestic rabbit, farm-raised deer, or domestic fowl.

(4) "Owner" refers to any person who owns, harbors, or keeps an animal.

(b) Annual Dog/Cat License.

(1) Any dog or cat that is at least 5 months of age is required to have a valid license.

(2) Owners shall obtain and maintain a current license their dog(s)/cat(s).

(3) Owners shall pay the license fee and provide evidence that the dog/cat is currently immunized against rabies in order to obtain a license tag from the Public Safety Department.

(4) The license fee shall be $2.00 per dog/cat and may be changed by the Tribal Council by resolution.

(5) The Public Safety Department shall maintain a record of the licenses issued.

(6) Licenses are good for one (1) calendar year and must be obtained in January of each year. If an owner fails to obtain the license in a timely fashion, then the owner shall pay a fine of $25.00 in addition to the license fee.

(7) The license fee is waived for service dogs, including dogs that provide assistance to persons who are blind, deaf, or mobility-impaired, but such dogs still require a license.

(1) Dog and cat owners shall have and maintain a current rabies vaccination for their dog(s) that have reached 5 months of age.

(2) If a dog or cat that bit a person is believed to be infected with rabies and can be safely captured, then the animal will be captured and put in quarantine.

(A) If quarantine cannot be imposed since the animal cannot be captured, then the animal shall be killed in a humane manner and avoids damage to the animal's head so that it can be tested for rabies.

(B) The quarantine shall be under veterinary supervision and shall be as necessary to prevent health risk to humans and animals.

(C) If, at the end of the quarantine period, a veterinarian certifies that the dog or cat has not exhibited any signs of rabies, then the animal will be released from quarantine.

(D) If it is determined that it is not safe or appropriate to quarantine an animal, then that animal may be euthanized in a humane manner that avoids damage to the animal's head so that it can be tested for rabies.

(3) If an animal other than a dog or cat is believed to be infected with rabies, then a tribal officer or conservation officer may kill or order that animal be killed in a humane manner that avoids damage to the animal's head so that it may be tested for rabies.

(4) The owner of an animal suspected to be infected with rabies shall be responsible for the costs associated with keeping the animal in quarantine and/or the costs associated with examination of the carcass.

(5) No person may import, sell, transport or exhibit an animal that is exposed to or infected with a contagious or infectious disease.

(6) The Tribe may condemn animals that are affected by a contagious or infectious disease if it determines it is necessary to do so to prevent or control the spread of the disease. The Tribe will generally obtain a court order in relation to such condemnation, but this requirement is waived in emergencies when immediate action to protect the safety of humans. Condemned animals shall be destroyed as directed by the Tribe.

(d) Violations. Except as otherwise provided, no person may:

(1) Allow any domestic animal owned by that person to run at large.

(A) Running at large means a domestic animal is off the premises of its owner and not under the direct control of the owner or another individual.

(B) An animal that is actively engaged in a legal hunting or working activity and/or training, is not considered to be running at large if the animal is monitored or supervised by a person on land that is open to hunting.

(2) Allow any dog or cat owned by that person to be untagged. Untagged, for purposes of this section, means that valid license and rabies tags are not attached to a collar that is kept on the dog whenever the dog is outdoors.

(3) Treat any animal in a cruel manner. Cruel means causing unnecessary and excessive pain or suffering or causing unjustifiable injury or death by any means.

(4) Allow any animal owned by that person to be abandoned.

(5) Own or keep an animal, which by frequent howling, whining, yelping, barking, or otherwise shall cause serious annoyance or disturbance to a person or persons living in the area. No persons shall be convicted under the provisions of this subsection, except upon the evidence of at least 2 persons, who are not in the same household.

(6) Own an animal that, when unprovoked, bites a person or domestic animal or otherwise engages in behavior causing injury to a person or domestic animal.

(7) Own an animal that, when unprovoked, approaches and threatens to attack or attacks a person or another domestic animal when the animal is not under the owner's control and off of the owner's property.

(8) Own more than two (2) dogs or cats per residence, except that if a person owns more as of June 1, 2015, then such dogs/cats are authorized for their lifetime, so long as the total number does not exceed 5. This provision is not intended to grant owner permit authorization to keep more than 2 dogs or cats on a permanent basis. The following exceptions will be allowed, so long as the exception is registered with the Public Safety Department:

(A) A litter of puppies or kittens until the puppies or kittens reach 6 months of age;

(B) A business enterprise such as a kennel or dog training business, so long as the business is properly permitted under tribal law; or

(9) Fail to provide proper food, drink or shelter to an animal owned or kept that person.

(10) Instigate, promote, aid or abet fights between animals or between an animal and person.

(11) Keep custody or control of a wild animal or of an exotic animal that, due to its inherent nature, may be considered dangerous to humans.

(e) Authority of the Tribe to protect the public safety and welfare of the Community.

(1) An authorized officer or employee of the Tribe shall attempt to capture and restrain any domestic animal running at large or any untagged animal. The domestic animal may be taken into custody and kept at a place designated by the Tribe for such purposes.

(A) If the identity of the owner of a domestic animal taken into custody under this ordinance is known or can be determined, the Tribe shall provide written notice to the owner that the domestic animal is in custody.

(B) If the owner or an agent of the owner fails to claim the domestic animal within 7 days, the animal will be considered abandoned.

(C) No domestic animal in custody of the Tribe or taken into custody by the Tribe and housed elsewhere shall be returned to the owner or an agent of the owner unless all required licenses, custody, care, vaccination and treatment costs are obtained and fully paid.

(D) If the identity of the owner of a domestic animal taken into custody under this ordinance is not known or cannot be determined with reasonable diligence, the animal shall be considered a stray.

(2) Unclaimed stray animals remaining in custody of the Tribe for more than 7 days and abandoned animals remaining in the custody of the Tribe for 7 days after issuance of the notice to the owner may be released to a person other than the owner or euthanized, pursuant to tribal policies.

(3) A tribal officer or conservation officer may take any reasonable actions to protect public safety and welfare, the safety of him or herself, and the safety of other animal(s) and property. Reasonable actions include, but are not limited to, taking an animal into custody or destroying an animal in a humane manner if it cannot be controlled by the officer or an owner or custodian on the scene.

(f) Costs. In addition to any penalties or remedies assessed under this ordinance, an animal owner shall be responsible for all costs related to the custody and care of an animal in the event that the animal is taken into custody by the Tribe or to remediate damage caused by the animal.

(g) Remedies for Dangerous Animal. If an animal is deemed to be a danger to the community by a court, then the Tribe may request any remedy appropriate to mitigate the danger, which may include, but is not limited to, having the animal destroyed in a humane manner or banning it from tribal lands.