Approved Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003
TE-MOAK DOG ORDINANCE
See the enacting ordinance below.
9-1-1 - PURPOSE:
To regulate and control the dog population on the Te-Moak lands and to protect people, livestock, wildgame, and other domestic animals.
9-1-2 - DEFINITIONS:
For the purpose of this ordinance, the following definitions shall mean:
(a) Dog: The term "dog" shall apply to any canine animal male or female, sexed or neutered.
(b) Own: The term "own," unless otherwise specified, shall be deemed to mean keep, harbor or have control, charge or custody of a dog. This term shall not apply to dogs owned by others who are temporarily maintained on the premise of a veterinarian or a kennel operator for a period of less than thirty (30) days.
(c) Owner: The term "owner" as used in this ordinance shall mean any person keeping, harboring or having charge or control of or permitting any dog to habitually remain on or be lodged or fed within such person's house, yard or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining, on the premises, dogs owned by others for a period of less than thirty (30) days.
(d) Vicious Dog: Shall mean any dog which is out of control of the owner and prone to bite or attack any person without provocation.
(e) License: Shall mean a tag issued by the Band Administration through their respective councils.
(f) Running at Large: The term "running at large," except as expressly provided, shall mean within the areas defined in Section 9-1-11 hereof, and off the premises of the owner or custodian of the dog and not accompanied by or under the immediate control of the owner, a member of the immediate family or the custodian of such dog.
9-1-3 - INOCULATION:
All dogs must be inoculated before a license will be issued. A certificate or other documentation signed by a certified Veterinarian shall be required. Owners shall be responsible for the expense of the inoculation and tagging of their animals.
9-1-4 - QUARANTINE/DISPOSITION OF UNCLAIMED DOGS:
It shall be the duty of the appropriate law officer for the colony involved to keep all dogs impounded under the provisions of this ordinance for a period of not less than seven (7) days from the date of the posting of notice, unless sooner redeemed or disposed of, pursuant to this ordinance. If, at the expiration of seven (7) days from the date of posting notice, said dog is unclaimed, said dog so impounded under this ordinance may be given any to any party so requesting said dog, provided such party has the dog inoculated and pays the necessary license fee. If no party requests said dog, dog may be destroyed in the most humane manner possible. Any dog which appears to be suffering from rabies, mange or other infectious or dangerous disease shall not be released, but may be forthwith destroyed by humane means.
9-1-5 - SEIZURE OF ANIMALS:
Any person finding any dog trespassing upon his/her property or public access to his/her injury or annoyance may apprehend or cause an officer of the law to apprehend, capture, or take up to same by any reasonable and humane means and may immediately turn it over to the appropriate law officer for the colony involved, who shall take such dog and return it to its rightful owner, if known. If its rightful owner be not known, the law officer may dispose of such animal by such humane procedure as is practicable under the circumstances.
Where a dog is found to be running at large, captured, and turned over to the appropriate law officer for the colony involved and thereupon returned to its owner, the appropriate law officer for the colony involved shall issue a citation to the owner for violation of this ordinance, and such citation shall indicate that said owner shall appear before the Tribal Judge, for disposition of said citation at the date indicated on the citation or the Tribal Prosecutor shall issue a criminal complaint.
Any dog that shows signs of being rabid shall be immediately destroyed by any person if there exists immediate danger to the life of another person, however, if there is sufficient time to notify the owner(s), there will be an effort made before action is taken.
This section shall not apply to guide dogs for the blind ("seeing eye dogs"). Whenever a "seeing eye dog" is found to be running at large and is captured, the appropriate law officer for the colony involved shall take such dog and return it to its owner. In such instance, no citation shall be issued and no fine shall be levied and no criminal complaint shall be issued.
9-1-6 - LIABILITY OF OWNERS:
Any person who has accepted the responsibility of ownership of any dog(s) shall, if proven, be liable for any damages to life and property of others.
9-1-7 - DOGS ACTING TOGETHER - ACTIONS - PARTIES JUDGEMENT:
A. It shall be unlawful for any owner or custodian of any animal whether licensed or unlicensed under this ordinance to suffer, permit or allow such animal to run at large when in the areas mentioned in Part 9-1-11 of this ordinance.
B. For the purpose hereof, all dogs within the said areas mentioned herein and off of the premises of the owner or custodian of such dog and not in an automobile, trailer or similar confinement or which is not effectively restrained by a leash, chain, strap or cord (not exceeding eight feet (8') in length) attached to a collar or harness of such dog and held by some person or made fast to some stationary object, or unless accompanied by or under the control and direction of the owner, member of the immediate family of the owner or custodian of such animal, so as to be effectively restrained by command, shall be deemed running at large and not under the immediate control of the owner or member of the immediate family of the owner or custodian of such dog.
9-1-8 DANGEROUS ANIMALS:
Any person who has ownership or accepted the responsibility of a "vicious dog(s)" shall be held responsible for the control of said animal(s) and, as such, will be liable for injuries inflicted on any person by such animal(s), providing the person(s) are not guilty of trespass on property posted properly, such as "Beware of Dog(s) or No Trespassing" (signs must be legible from at least ten (10) feet away) and in the act of theft or bodily injury. Any person who shall accept the responsibility of caring for dog(s) shall furnish sufficient food and shelter for the animal. A person who is found guilty of mistreatment to his/her dog(s) shall be fined under Part 9-1-10 of this ordinance.
9-1-9 - ANIMALS WHICH DISTURB NEIGHBORHOOD:
Any person who has dog(s) that act in such a manner as to disturb the peace and quiet of other in the surrounding neighborhood shall, upon proper notice by a complaint served by a duly appointed officer of the law, directing him/her to quiet said dog(s) and fail to do so, be in violation of this ordinance and subject to the penalties under Part 9-1-10 of this ordinance.
9-1-10 - CRIMINAL PENALTIES OF VIOLATION OF THE ANIMAL CONTROL CODE:
The owner of any dog who fails to abide by any of the provisions of this ordinance shall forfeit not less than Ten Dollars ($10.00) nor more than one Hundred Dollars ($100.00) for the first violation of said ordinance. For a second or subsequent offense, the owner shall forfeit not less than twenty five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00).
9-1-11 - AREAS OF COVERAGE:
This ordinance shall be deemed to be effective within the exterior boundaries of the Battle Mountain Indian Colony, the Elko Indian Colony, and the Wells Indian Colony. Portions of this ordinance have no effect within the exterior boundaries of the South Fork Indian Reservation and Odgers Ranch, except for provisions in Parts 1, 2, 3*, 5, 6, 8, 10, 11, and 15. *(Inoculation only shall pertain to South Fork Reservation and Odgers Ranch).
9-1-12 LICENSE:
A license fee will be set by a Band Council resolution and collected by the Band Councils and put in a separate fund for the support of this ordinance. All license will expire on December 30 of the year issued.
9-1-13 - IMPOUNDING - NOTICE TO OWNER:
If the appropriate law officer for the colony involved apprehends or captures any dog, for which the owner is not known or cannot be found, then the appropriate law officer, for the colony involved, shall post written notice in two (2) prominent and conspicuous places within the community. The said notice shall indicate a description of the dog, the time, and place where the animal was found and the place where the animal is impounded. This written notice shall remain posted for seven (7) days from the date of posting which shall be indicated on the notice.
9-1-14 - REDEMPTION OF IMPOUNDED DOGS:
The owner or custodian, of the dog so impounded, may reclaim said dog upon the payment of the penalties, if any, for said dog, and all costs and charges incurred by the Band for impounding and maintenance of such dog.
9-1-15 - LIVESTOCK, WILDGAME, POULTRY, PROTECTION FROM DOGS:
It shall be lawful for any person to use whatever force is reasonably necessary, including deadly force, to prevent the immediate killing, injuring or molesting of livestock, wildlife, and poultry by a dog.
9-1-16 - DISPOSITION OF UNCLAIMED DOGS:
It shall be the duty of the appropriate law officer for the colony involved to keep all dogs impounded under the provisions of this ordinance for a period of not less than seven (7) days from the date of the posting of notice, unless sooner redeemed or disposed of pursuant to this ordinance. If, at the expiration of seven (7) days from the date of the posting of notice, said dog is unclaimed, said dog so impounded under this ordinance may be given away to any party so requesting said dog, provided such party has the dog inoculated and pays the necessary license fee. If no party requests said dog, dog may be destroyed in the most humane manner possible. Any dog which appears to be suffering from rabies, mange or other infectious or dangerous disease shall not be released but may be forthwith destroyed by humane means.
9-1-17 - COLLECTIONS:
All fees and related assessments shall be collected by the Band Councils involved.
CERTIFICATION
We, the undersigned, of the Tribal Council of the Te-Moak Tribe of Western Shoshone Indians of Nevada do hereby certify that the Te-Moak Western Shoshone Council is composed of 9 members of whom 5 constituting a quorum were present at a duly held meeting on the 18th day of August, 1987, and that the foregoing ordinance was duly adopted at such meeting by an affirmative vote of 4 FOR, 0 AGAINST, 0 ABSTENTIONS, pursuant to the authority contained under Article 4, Section 3 (n) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada.
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\s\
Clarence Andreozzi, Vice-Chairperson Te-Moak Western Shoshone Council |
ATTEST: \s\ Secretary, Te-Moak Western Shoshone Council |
[Digitizer's note: An accompanying letter is included with this section of the tribe's code, but it is not digitized here. For assistance accessing this letter, contact the National Indian Law Library.]
ORDINANCE OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA
ORDINANCE NO. 87-ORD-TM-05
BE IT ENACTED BY THE TRIBAL COUNCIL OF THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA, AS FOLLOWS.
That in accordance with Article 4, Section 3 (n) of the Constitution of the Te-Moak Tribe, approved May 3, 1938, as amended on August 26, 1982, as organized under the Indian Reorganization Act of June 18, 1934, (48 Stat.), as amended by the Act of June 15, 1934, (49 Stat. 378), that this ordinance to be known as the "Te-Moak Dog Ordinance," which shall be effective upon passage, and shall be incorporated in the Te-Moak Tribal Codes Ordinance under Title IX - Te-Moak Tribe Animal Code.