35.07.060 Keeping of Dangerous Animal(s) within the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians.

(a) Purpose. In order to protect the health, safety and welfare of members of the Turtle Mountain Band of Chippewa Indians, the Tribe does hereby enacted herein

(b) Dangerous Animal(s): Keeping prohibited. It shall be unlawful to keep, harbor, own or in any way possess within the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians any Dangerous Animal, unless said Dangerous Animal or dog are registered with the Tribal Vector's Office, then they may be kept within the boundaries of the reservation subject to the standards and requirements set forth in Section 35.07.060(b) and (c) of this ordinance.

(c) Keeping of Dangerous Animal or Dogs. The provisions of Section 35.07.060(b) of this ordinance are not applicable to owners, keepers or harborers of Dangerous Animal registered with the Tribal Vector's Office. The keeping of such dogs, however, shall be subject to the following standards:

(1) Leash and muzzle. No person shall permit a registered Dangerous Animal to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a Dangerous Animal to be kept on a chain, rope or other type of leash outside its kennel or pen, unless by an adult person with the physical capabilities to control and restrain the animal or dog on a leash. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all Dangerous Animals and dogs on a leash outside the animal's kennel must be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

(2) Confinement. All registered Dangerous Animals or Dogs shall be securely confined indoors, or in a securely enclosed and locked pen or kennel, as described in herein except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine registered Dangerous Animal or Dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house Dangerous Animal must comply with all TMBCI zoning and building regulations. All such structures must be adequately lighted and ventilated, and kept in a clean and sanitary condition.

(3) Confinement indoors. No Dangerous Animal or dog may be kept on a porch, patio or in any part of a house or structure that would allow the animal or dog to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open, or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.

(4) Signs. All owners, keepers or harborers of registered Dangerous Animal within the territory and jurisdiction of TMBCI shall within ten (10) days of the effective date of this ordinance display in a prominent place on their premises a sign easily readable by the public using the words "BEWARE OF DOG" OR "BEWARE OF DANGEROUS ANIMAL." In addition, a similar sign is required to be posted on the kennel or pen of such animal.

(5) Insurance. All owners, keepers or harborers of registered Dangerous Animals or Dogs must within ten (10) days of the effective date of this ordinance provide proof to the Tribal Vector's Office of public liability insurance in a single incident amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or persons, or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the Tribal Vector's Office.

(6) Identification photographs. All owners, keepers or harborers of registered Dangerous Animal must within ten (10) days of the effective date of this ordinance provide to the Tribal Vector's Office two (2) color photographs of the registered animal clearly showing the color and approximate size of the animal.

(7) Reporting requirements. All owners, keepers or harborers of registered Dangerous Animal must within ten (10) days of the incident, report the following information in writing to the Tribal Vector's Office as required hereinafter:

(A) the removal from the reservation or death of registered Dangerous Animal;

(B) the birth of offspring of registered Dangerous Animal;

(C) the new address of registered Dangerous Animal owner should the owner move within the territory and jurisdiction of TMBCI.

(8) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a Dangerous Animal or Dog registered with the Tribal Vector's Office to any person within the reservation, unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such dog provided that the registered owner of a Dangerous Animal or Dog may sell or otherwise dispose of a registered animal or dog or the offspring of such dog to persons who do not reside within the territory and jurisdiction of TMBCI.

(9) Animals born of registered animal or dogs. All offspring born of Dangerous Animal or Dog registered with the Tribal Vector's Office must be removed from the territory and jurisdiction of TMBCI within six (6) weeks of the birth of such animal.

(10) Irrebuttable presumptions. There shall be an irrebuttable presumption that any dog registered with the Tribal Vector's Office as a Dangerous Animal prohibited by Section 35.07.060(b) of this ordinance is in fact a dog subject to the requirements of this ordinance.

(11) Failure to comply. It shall be unlawful for the owner, keeper or harborer of a Dangerous Animals or Dogs registered with the Tribal Vector's Office to fail to comply with the requirements and conditions set forth in this ordinance. Any dog found to be the subject of a violation of this ordinance shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the territory and jurisdiction of TMBCI.

(12) Violations and penalties for Dangerous Animal.

(A) Any person violating or permitting the violation of any provision of this ordinance shall, upon conviction in Tribal Court, be fined a sum not more than five hundred dollars ($500). In addition to the fine imposed, the Court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days.

(B) In addition, the Court shall order the registration of the subject Dangerous Animals or Dogs revoked and the dog removed from the territory and jurisdiction of TMBCI.

(C) Should the defendant refuse to remove the dog from the territory and jurisdiction of TMBCI, the Tribal Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this ordinance continues shall be deemed a SEPARATE OFFENSE.

(D) In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this ordinance.

(E) Other conditions of ownership and penalties for violations stemming from a Dangerous Animal finding include that the animal be:

(i) properly licensed, micro-chipped for tracking, and vaccinated;

(ii) kept indoors or in a security fenced yard or enclosure when on the owner's property;

(iii) muzzled and restrained by a substantial leash and only under the control of an adult capable of restraining and controlling it if off the owner's premises;

(iv) complete an obedience course;

(v) be spayed or neutered; and

(vi) that dog may be required to wear a bright fluorescent yellow collar that identifies it as a potentially dangerous aniimal.

(F) Owner shall pay all charges for services performed by law enforcement or conservation officers pursuant to this section;

(G) Owner shall be liable for the full amount of damages caused by the dog injuring or causing injury to a person, livestock, or property;

(H) A Tribal Court Judge may impose such other reasonable conditions as are deemed necessary to protect the public safety and welfare.

(13) Dangerous Animal or Dog Situation. A law enforcement officer, when called to or coming upon the scene of a Dangerous Animal or Dog situation, may take action deemed necessary under the set of circumstances presented, to protect the public safety and welfare, the safety of him or herself and the safety of domestic animals and property, including taking the animal or dog into custody or placing the animal or dog in quarantine, or disposing of the animal dog in a humane manner if the animal or dog cannot be controlled by the law enforcement officer or an owner or custodian on the scene. Any costs related to the quarantine will be charged to the owner or custodian.

(14) Dangerous Animal or Dog Control. Any dangerous animal or dog(s) must be kept under control at all times by its owner. Any dangerous animal or dog(s) found running at large may be destroyed without attempting to impound said animal(s).

(15) Dangerous Animal or animal Database. The TMBCI Animal Control Department shall maintain a central database for determinations of Dangerous Animals and Dogs.