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Editor's Note: The Animal Control Code was repealed and replaced by Res. 24-A-137, 9/9/2024.
The purpose of this Chapter is to provide for the control of domestic animals and to protect the health, safety, and welfare of the Port Gamble S'Klallam Tribe.
(Res. 24-A-137, 9/9/2024)
As used in this Chapter, the following definitions apply:
(A) 
"Owner"
means anyone who owns, keeps, harbors, or otherwise controls an animal and includes homeowners, lot holders, and tenants with respect to any animal owned by any member of the household.
(B) 
"At Large"
means an animal is not physically restrained by a leash, within the owner’s residence, enclosed in a humane manner temporarily within a vehicle, within a cage or similar enclosure, or by a fence that guarantees the animal cannot escape.
(C) 
"Vicious Animal"
means as follows:
(1) 
The term includes any animal that:
(a) 
Bites, attempts to bite, endangers, or otherwise injures or causes injury to a human being without sufficient provocation; or
(b) 
While at large, kills or causes injury to any domesticated animal; and
(2) 
The term does not include a guard or watch dog acting in defense of its owner.
(Res. 24-A-137, 9/9/2024)
(A) 
An owner of an animal is responsible for providing the appropriate supervision and care of the animal, including all necessary food, water, housing, vaccinations, and medical care.
(B) 
A person who is cruel to an animal or fails to control an animal may be subject to prosecution as provided under PGST Code 5.04.08 or 5.04.10.
(Res. 24-A-137, 9/9/2024)
(A) 
An owner of an animal is responsible for damages to persons or property caused by the animal.
(B) 
The liability under this section includes any damages covered by the Port Gamble S’Klallam Tribe, as approved by the Tribal Council, including medical treatment, lost wages, repairs, and other costs incurred due to the animal’s conduct.
(1) 
The Port Gamble S’Klallam Tribe may pursue reimbursement for any damages covered by the Tribe under this section by issuing an invoice to the individual whose animal caused the damages.
(2) 
If the individual contests the invoice or fails to pay by the required date, then the Port Gamble S’Klallam Tribe may file a complaint for reimbursement against the individual as provided under Title 3 of the PGST Code.
(Res. 24-A-137, 9/9/2024)
A person may not own, keep, harbor, or otherwise control a vicious animal within the jurisdiction of the Port Gamble S'Klallam Tribe.
(Res. 24-A-137, 9/9/2024)
(A) 
An owner of an animal may not allow the animal to run at large.
(B) 
The prohibition of this section does not include an off-leash animal if:
(1) 
The animal is under the voice control of the owner;
(2) 
The animal has been properly trained to not approach people or other animals without permission; and
(3) 
The presence of the off-leash animal is permitted by the lot holder, Tribe, or other relevant authority where the animal is off-leash.
(Res. 24-A-137, 9/9/2024)
(A) 
An animal is considered a public nuisance if it:
(1) 
Harasses or chases any passerby or passing vehicle;
(2) 
Barks, howls, or creates other animal noises so as to disturb the peace and quiet of any person;
(3) 
Is repeatedly at large;
(4) 
Overturns or spreads garbage about; or
(5) 
Attacks other animals.
(B) 
An owner of an animal that is a public nuisance may be prosecuted for maintaining a public nuisance under PGST Code 5.02.07.
(Res. 24-A-137, 9/9/2024)
(A) 
A person may not abandon an animal within the jurisdiction of the Port Gamble S’Klallam Tribe.
(B) 
A person may not remove or otherwise take a dog or cat from the jurisdiction of the Port Gamble S’Klallam Tribe unless the person:
(1) 
Is the owner;
(2) 
Is acting with the permission of the owner;
(3) 
Is a Port Gamble S'Klallam Tribe law enforcement officer;
(4) 
Is an animal control officer of any agency who has been requested to provide assistance by a Port Gamble S'Klallam Tribe law enforcement officer; or
(5) 
Is otherwise employed or authorized by the Port Gamble S’Klallam Tribe to provide animal control services.
(C) 
A person who violates this section may be removed and excluded from the territory of the Port Gamble S'Klallam Tribe as provided under PGST Code 22.02.01.
(Res. 24-A-137, 9/9/2024)
(A) 
An animal found in violation of this Chapter may be seized or impounded by:
(1) 
A Port Gamble S'Klallam Tribe law enforcement officer;
(2) 
An animal control officer of any agency whose assistance has been requested by a Port Gamble S'Klallam Tribe law enforcement officer; or
(3) 
Any person otherwise employed or authorized by the Port Gamble S'Klallam Tribe to provide animal control services.
(B) 
If an animal has been seized or impounded:
(1) 
The Port Gamble S'Klallam Police Department shall make reasonable efforts to identify and notify the owner;
(2) 
The animal may be seized or impounded as long as is deemed appropriate by the Port Gamble S'Klallam Police Department;
(3) 
The owner shall be responsible for the fees related to the seizure, impoundment, reclamation, or destruction of the animal; and
(4) 
Consistent with the policies and procedures of the Port Gamble S’Klallam Police Department or the impounding facility, as relevant, the animal may be put up for adoption destroyed if the owner fails to reclaim the animal or pay the required fees in a timely manner.
(Res. 24-A-137, 9/9/2024)
(A) 
The owner of an animal that bites or otherwise injures or causes injury to a human being without sufficient provocation:
(1) 
Is deemed to own a vicious animal in violation of this Chapter; and
(2) 
May be prosecuted for failure to control an animal as provided under PGST Code 5.04.10.
(B) 
If an animal bites or otherwise injures a human, the incident shall be reported to the Port Gamble S'Klallam Police Department.
(1) 
A health care provider who treats a person for an animal bite or other related injury shall report all known details of the incident to the Port Gamble S’Klallam Police Department. The health care provider is not required to receive the patient’s consent to make this report.
(2) 
A health care provider who reports under this section is not liable for making the report.
(C) 
When responding to an animal bite, reported injury, or any other incident involving a vicious animal, a Port Gamble S'Klallam Tribe law enforcement officer:
(1) 
Shall make reasonable efforts to seize and impound the animal for the examination and diagnosis of rabies; and
(2) 
May destroy the animal at any time if:
(a) 
The animal is wild, meaning there is no known owner or obvious signs of ownership;
(b) 
The animal displays signs that would cause a reasonable person to suspect rabies;
(c) 
The animal is unable to be seized, subjugated, or otherwise controlled without serious threat to the responding officer or others; or
(d) 
The owner of the animal consents to the destruction.
(D) 
If an animal has been diagnosed with rabies, the animal must be destroyed humanely. The owner of the animal is responsible for any costs and fees related to the seizure, impoundment, or destruction.
(Res. 24-A-137, 9/9/2024)