It shall be unlawful for any person to keep or house any domestic
animals or fowl, whether licensed or unlicensed, except dogs, cats
or animals commonly classified as pets, on any tribal lands.
A.
It is a violation of this chapter for any person owning or having
possession, charge, custody or control of any dog to cause, permit
or allow a dog to stray or in any manner to run at large in or upon
any public street, sidewalk or other public property or on the property
of another; however, such dog may be off the premises of the owner
or of the person having possession, charge, custody or control of
the dog if the dog is leashed and under control of the owner or the
person having possession, charge, custody or control of the dog.
B.
This section shall not apply to any dog actually engaged in the sport
of hunting in authorized areas at authorized times and supervised
by a competent person.
C.
Tribal police are authorized to impound any dog which is at large,
and are authorized to enter onto private property for the purpose
of capturing such dog for impoundment.
D.
It is a violation of this chapter for the owner or keeper of a dangerous
or vicious animal to refuse or fail to confine or restrain such animal
as required by this chapter.
E.
The owner or keeper of a dangerous or vicious animal, whether or
not it has been declared dangerous or vicious, who permits, allows
or causes such animal to run or stray or be uncontrolled or at large
in or upon public or private property, shall be in violation of this
chapter if such animal bites, attacks or causes injury to any person
or domestic animal.
The owner of every animal shall be responsible for the immediate
removal of any fecal matter deposited by his/her animal on public
property, public easements or private property before leaving the
immediate area.
A person shall not allow an animal owned by his/her or otherwise
in his/her control to make excessive noise by continually barking,
howling, growling, screeching or otherwise disturbing the peace and
tranquility of another person:
A.
It shall be unlawful for the owner or custodian of any female dog
or cat to permit or allow such dog or cat to go beyond the premises
of such owner or custodian when she is in heat.
B.
The owner of any female dog or cat in heat which is not kept in a
secure enclosure, such as a building, veterinary hospital, boarding
kennel or closed kennel, in such a manner that such female dog or
cat cannot come in contact with a male dog or cat, except for intentional
breeding purposes, shall be in violation of this chapter. For the
purpose of this section, a fenced area is not sufficient enclosure.
No person shall permit any dangerous animal, diseased animal
or an animal that has been bitten by any animal known to have been
afflicted with rabies or other infectious disease to be on any private
or public property. Any animal which has been attacked or bitten by
another animal having or showing symptoms of rabies should be immediately
reported to the Tribal Police Department, and no person shall destroy
or dispose of the animal without the permission of the Tribal Police
Department. Whenever an animal is impounded for having bitten a person,
the Tribal Police Department may, if deemed necessary, cause such
animal to be destroyed as a dangerous animal. Any dangerous animal
running at large which cannot safely be taken or impounded may be
destroyed by the tribal police. In all cases where an animal has bitten
a person or other animal as to cause a puncture or abrasion of the
skin or where the animal is suspected to be rabid or have another
infectious disease, no injury should be done to the head of the animal.
No person shall keep or permit to be kept on his/her premises
any wild animal, such as, but not limited to, bear, deer, exotic or
poisonous snakes, large reptiles, large members of the cat family,
or any animal specifically prohibited from domestic housing by the
United States Department of Housing and Urban Development regulations
as a pet or for display or exhibition purposes without obtaining all
of the necessary and required licenses and permits by the United States
Department of Housing and Urban Development. Person(s) found violating
this section must immediately surrender such animal to the tribal
police or agency authorized to house such wildlife.
It shall be unlawful to abandon an animal or cause an animal
to be abandoned in any place without making provisions for the animal's
adequate care, unless the premises are temporarily vacated for the
protection of human life during a disaster. An animal that is lost
by an owner or custodian while traveling, walking, hiking or hunting
shall not be regarded as abandoned under this section when the owner
or custodian has made or is making a reasonable effort to locate the
animal.
Tribal police may issue a citation for a violation of this section
or a complaint may be filed in the Tribal Court, and the Tribal Court
shall issue a summons to the owner of such dangerous animal to show
cause why the animal should not be killed or otherwise disposed of.
The owner shall pay all costs incurred for the disposition of the
animal. Such action shall be in addition to any penalty imposed pursuant
to this chapter.
A.
The Tribal Council is empowered and authorized to designate and utilize
animal control shelters or holding facilities at locations selected
by the Tribal Council in order to provide adequate animal control
facilities for the Tribe or arrange with private parties for the same.
B.
Tribal police may engage the services of a licensed veterinarian
to treat any sick or injured animal, including any animal subject
to cruelty or any animal infected with or suspected of carrying rabies,
impounded pursuant to this chapter. The owner or keeper of such animal
shall be liable for payment of veterinary and impoundment expense
or reimbursement of the Tribe's expenses in treating the animal.
C.
The Tribal Council shall establish fees to be charged for impounding,
boarding and feeding animals.
D.
The Police Department may catch, seize, humanely trap, or pick up
and impound:
(1)
Any dog or cat at large.
(2)
Any dog not vaccinated or licensed as required.
(3)
Any animal which has bitten or scratched a person, or any animal
carrying or suspected of carrying rabies or other infectious or contagious
diseases.
(4)
Any sick, injured, abandoned or cruelly treated animal for which
the owner cannot be found after reasonable effort to do so.
(5)
Any public nuisance animal.
(6)
Any dangerous or diseased animal.
(7)
Any animal not properly quarantined.
(8)
Any female dog or cat in heat not properly confined.
(9)
Any dog not wearing a license tag.
(10)
Any other animal authorized by this chapter to be impounded.
E.
Tribal police shall attempt to identify and locate the owner or keeper
of an animal impounded pursuant to this chapter. If the owner can
be identified and located, the tribal police shall provide notice
either in writing, by telephone or in person that the animal has been
impounded.
F.
Any animal impounded pursuant to this chapter, except for an animal
classified as a dangerous or vicious animal, may be redeemed within
five (5) days of such notice. The period for redemption shall include
the day of impoundment. The last day of such redemption period shall
occur on a day the NHBP Police Department facility is open for business.
G.
No animal impounded pursuant to this chapter shall be released until:
(1)
The owner or keeper of an impounded dog which is not vaccinated
against rabies or which does not have a valid license certificate
or license tag arranges for rabies vaccination and obtains a license
certificate and license tag;
(2)
The owner or keeper of an impounded animal pays the fees for
impoundment, board, feed and any additional fees;
(3)
The owner or keeper of an impounded animal pays any expenses
incurred by the Tribe for veterinary treatment; or
(4)
The owner or keeper of an impounded animal provides proof of
ownership or custody, such as a license certificate, sales receipt,
affidavits of neighbors, photographs or other documentary evidence.
