[Adopted 10-1-2009 by Ord. No. 09-12[1]]
[1]
Editor's Note: this article also repealed former Art. I, Dogs,
adopted 8-20-1981 by Ord. No. 81-16, as amended.
The purpose of this article is to provide for the health, safety,
and general welfare of the people and lands within the external boundaries
of the Menominee Indian Reservation by regulating the licensing, control,
and maintenance of dogs.
As used in this article, the following terms shall have the
meanings indicated:
Confined by leash, chain, pen, or other restraint on the
owner's premises or to the owner's person.
Any dog which:
When unprovoked, while not in the control of its owner, chases
or approaches a person in a menacing fashion or apparent attitude
of attack on public or private property; or
When unprovoked and while off its owner's property, approaches
a domestic animal in a menacing fashion, and it is clear that the
dog is not merely being protective in a particular set of circumstances;
or
The surrender to an animal rescue organization or local humane
society. As a last resort or by order of the court, the killing of
a dog in a quick and humane manner, including euthanasia and shooting
with a firearm.
[Amended 11-16-2017 by Ord. No. 17-25]
Any canine, regardless of type, age, size, or gender.
The facility provided by the Menominee Tribe and maintained
by the Tribal Police Department for purposes of impounding dogs. May
include any facility or secure place utilized by an animal rescue
organization or local humane society working with the Tribal Police
Department when the facility provided by the Tribe is full.
[Amended 11-16-2017 by Ord. No. 17-25]
Livestock, domesticated dogs, and domesticated cats.
Any dog controlled under the definition of "controlled" above
except that the owner has trained the dog and releases the dog for
the specific purpose of hunting.
An establishment where dogs are bred, trained, or boarded.
Any member of the Menominee Tribal Police Department, Conservation
Warden, or other bonafide peace officers acting in their official
capacities. Conservation Wardens shall offer secondary assistance
to other law enforcement officers in the enforcement of this article.
Demonstrating an intent to cause injury by one or more of
the following actions:
Any person, firm, corporation, organization, or department
possessing, harboring or having the care or custody, whether temporarily
or permanently, of a dog.
Any dog or dogs which:
Not controlled under the definition of "controlled" above.
The owner of a dog is required to have his dog controlled at
all times. Failure to control a dog will constitute a violation of
this article and subject the owner to penalties as set forth herein.
A.
No family shall own, harbor, or keep in its possession more than
three dogs on any residentially zoned lot without prior approval of
the Tribal Police Department except that a litter of pups or a portion
thereof may be kept for not more than three months from birth. If
more than one family resides on a residential lot, then only three
dogs shall be allowed on the residential lot unless prior approval
is obtained from the Tribal Police Department. For the purpose of
this section, the term "family" shall be defined as one or more persons.
B.
Hunting dogs shall be excepted from this provision.
All dogs three months old or older must be vaccinated for parvo,
distemper, and rabies.
A.
B.
Inapplicable to officers, veterinarians, and persons killing their
own dog. This section does not apply to an officer acting in the lawful
performance of his or her duties, or to a veterinarian killing a dog
in a proper and humane manner or to a person killing his or her own
dog in a proper and humane manner.
A.
Liability for injury.
(1)
Without notice. The owner of a dog is liable for the full amount
of damages caused by the dog injuring or causing injury to a person,
livestock or property. The owner of a dog shall forfeit to the Tribe
not less than $50 nor more than $500 if the dog causes injury to a
person.
(2)
After notice. The owner of a dog is liable for two times the full
amount of damages caused by the dog injuring or causing injury to
a person, livestock or property if the owner was notified or knew
that the dog previously injured or caused injury to a person, livestock
or property. The owner of a dog shall forfeit to the Tribe not less
than $200 nor more than $1,000 if the dog causes injury to a person,
if the owner was notified or knew that the dog previously injured
or caused injury to a person.
(3)
The owner of a dog that is used by a law enforcement agency shall
not be liable for any damages to a crime suspect's property or
injury to a crime suspect or forfeiture under this article while the
dog is performing law enforcement functions.
B.
Court order to kill a dog.
A.
No person may instigate, promote, aid or abet the fighting between
dogs.
B.
No person may own, possess, keep or train any animal with the intent
that the animal be engaged in an exhibition of fighting.
C.
Penalties. Any person found to have violated this section shall be
fined not less than $100 nor more than $500.
It is unlawful for any person to overload, torture or cruelly
beat, or unjustifiably injure, maim, mutilate or kill any dog, whether
belonging to himself or another, or deprive any dog of necessary sustenance,
food, drink or shelter or willfully instigate, engage in or in any
way further an act of cruelty to any dog or any act to produce such
cruelty.
[Amended 11-21-2013 by Ord. No. 13-41]
A.
Any person owning, keeping, harboring, or having custody of any dog
over three months of age within the Reservation must obtain a license
as herein provided.
B.
Application for licenses shall be made to the Licensing and Permit
Department at the tribal offices which shall include the name and
address of the applicant, description of the dog, the appropriate
fee, and rabies certificate issued by a licensed veterinarian, the
Department of Environmental Services, or anti-rabies clinic.
C.
Application for a license must be made within 30 days after obtaining
a dog over three months, except that this requirement will not apply
to a nonresident keeping a dog within the Reservation for not longer
than 15 days.
D.
Upon acceptance of the license and fee, the Licensing and Permit
Department shall issue a durable tag, stamped with an identifying
number and the year of issuance. Tags should be designed so that they
may be conveniently fastened or riveted to the dog's collar.
E.
Dogs must wear identification tags at all times when off the premises
of the owners.
F.
The Licensing and Permit Department shall maintain a record of the
identifying numbers of all tags issued and shall make this record
available to the public.
G.
License fees shall be established by the Licensing and Permit Department
and approved by a motion of the Tribal Legislature. License fees shall
be posted for five business days before they shall become effective.
I.
Licenses shall be effective for one year, from the first day of January
to the 31st day of December, and renewable by the Licensing and Permit
Department 10 days prior to expiration date, with no prorated fees.
B.
Impounded dogs will be held for a minimum of four days before being determined unclaimed, abandoned, or stray and appropriate for disposal or adoption. If at any time the tribal impoundment facility has no room to safely and securely impound a dog, the Tribal Police Department is authorized to dispose of a dog in accordance with § 255-2. Safe impoundment includes the safety of caretakers as well as the safety of dogs. Safety of the dog includes, but is not limited to, concerns of inclement weather and other conditions that would adversely affect the health condition of the dog. Transfers due to safety do not remove the minimum hold requirement but are cumulative between the tribal and nontribal placement. Owners reclaiming their dogs will be subject to the daily fees set by the animal rescue organization or local humane society, in addition to the fees set by this article.
[Amended 11-16-2017 by Ord. No. 17-25]
C.
Unclaimed or abandoned dogs may be adopted in lieu of disposal by paying the appropriate fees and complying with the licensing procedures in § 255-10 of this article, or transferred to the control of an animal rescue organization or local humane society. Persons adopting unclaimed or abandoned dogs will have title and ownership of the dog conferred upon them, free of all claims and interest of the previous owner.
D.
In addition to, or in lieu of, impounding a dog found at large, a
law enforcement officer may issue to the known owner of such dog a
citation of ordinance violation.
E.
The owner of an impounded dog may also be proceeded against for violation
of this article.
F.
Owners may regain possession of their dogs by paying the appropriate fees as determined by the fee schedule, complying with the licensing procedures in § 255-10 of this article, and showing proof of licensing and rabies vaccination.
(1)
Impoundment fee: $25.
(2)
Board fee: $5 (each twenty-four-hour period or portion thereof that
the dog is impounded).
(3)
Euthanasia fee (on request): $10 (each dog). Owners requesting euthanasia
will complete a form requesting euthanasia and pay the appropriate
fee which will facilitate the disposal of unwanted dogs.
G.
Known owners of impounded dogs who do not claim or refuse to claim
their dogs after the required minimum days provided in this section
will be assessed the appropriate dog pound fees in accordance with
the fee schedule in the event that the dog in question is not adopted
by another person.
[Amended 11-16-2017 by Ord. No. 17-25]
A.
In cases of suspected or actual exposure to rabies by dogs and in
cases of dog bites, owners will be required to confine the dog in
question, by tying up the dog for a period of 10 days. Owners who
refuse to comply with the requirement will have the dog in question
impounded by the Tribal Police Department for a period of 10 days.
The Tribal Police Department is also authorized to impound and quarantine
for 10 days any unowned dog suspected or exposed to rabies or responsible
for biting any person.
(1)
If after observation for such period, any such dog is adjudged free of rabies, the owner may reclaim the dog upon payment of the regular keeping fees and complying with the licensing requirement, as needed. Unowned or unclaimed dogs will be disposed of in accordance with the procedures outlined in § 255-11 of this article.
B.
No person shall delay or obstruct the Tribal Police Department in
the enforcement of this section.
The enforcement agencies shall be the Tribal Police Department,
assisted by the Tribal Conservation Department and the Tribal Department
of Environmental Health. A law enforcement officer is authorized as
follows concerning a dog running at large or creating a nuisance:
B.
After capturing and impounding a dog identifiable by tag, the law enforcement agency may contact the owner for pickup of the dog. The owner will pay any fees incurred in the process as identified in § 255-11 of this article.
C.
If a dog impounded pursuant to this article has no identification, and the owner is unknown to the Officer, and the tribal impoundment facility has no room to safely and securely impound the dog, the Officer is authorized to immediately dispose of the dog in accordance with § 255-2 of this article.
A.
Possession of dangerous dog prohibited. No person shall own, keep,
possess, or harbor a dangerous dog, including but not limited to all
pit bulls and mixed breeds of pit bulls, within the exterior boundaries
of the Menominee Indian Reservation. Any pit bull owned, kept, or
possessed in a manner consistent with the provisions of Dangerous
Dogs Ordinance No. 02-27[1] on or prior to the date of passage of this provision shall be exempt from this prohibition and shall continue to be subject to the maintenance requirements of Ordinance No. 02-27, Section 4, notwithstanding its repeal pursuant to § 255-13.3 of this article.
[1]
Editor's Note: A copy of Ord. No. 02-27 is on file with
the office of the Tribal Chairperson.
B.
The officer may determine a dog to be dangerous whenever, upon investigation, an officer finds that the animal meets the definition of "dangerous dog" as defined in § 255-2.
C.
The officer, upon making the determination that a dog is dangerous,
shall issue a citation to the owner for owning, harboring, and keeping
a dangerous dog. The citation shall be not less than $100 nor more
than $500.
D.
The officer, upon making the determination that a dog is dangerous, shall confiscate the dog immediately, to be held for a period of 48 hours, at which time, if no objection has been filed pursuant to Subsection E, the dog shall be disposed of as provided in this article.
E.
If the owner objects to the declaration of dangerousness, they may
file a letter with the Clerk of Court within 48 hours to have the
dog held until the court hearing. Upon filing an objection, the owner
shall pay a deposit of $150 for storage of the dog, to be charged
at a rate of $5/day until the court hearing.
With the exception of § 255-8, § 255-10 and its subsections, § 255-11E and § 255-13.1C, other violations of this article will result in the following penalties:
Upon enactment of this article, Ordinance No. 81-16, "Dogs,"
and Ordinance No. 02-27, "Dangerous Dogs," are hereby repealed.
