35.07.070 Keeping of Vicious Dogs within the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians.

(a) Vicious Dogs: 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 Reservation any Vicious Dogs, unless said Vicious Dog(s) are registered with the Tribal Vector’s Office, then they may be kept within the territory and jurisdiction of TMBCI subject to the standards and requirements set forth in Section 35.07.060(b) and (c) of this ordinance.

(b) Purpose. In order to protect the health, safety and welfare of members of the Turtle Mountain Band of Chippewa Indians, the Tribe does hereby enact the following provisions under Chapter 35.07.

(c) Keeping of Vicious Dogs. The provisions of Section 35.07.060(b) of this ordinance are not applicable to owners, keepers or harborers of Vicious Dogs registered with the Tribal Vector's Office. The keeping of such dogs, however, shall be subject to the conditions set forth in Section 35.07.060(c) of this ordinance.

(d) Conditions of ownership. Other conditions of ownership and penalties for violations stemming from a Vicious Dog finding include that the dog be:

(1) require a special enclosure to contain the dog;

(2) order that the owner give written notice of the vicious dog to the postal service and all utility companies;

(3) may prohibit the owner from owning, possessing, controlling, or having custody of any dog for a period of up to three (3) years;

(4) failure of owner to comply with any of these conditions constitutes a basis for law enforcement to cite owner under any applicable TMBCI Tribal Code Ordinance.

(e) Vicious Dog Situation. A law enforcement officer, when called to or coming upon the scene of a vicious 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 dog into custody pending notification to owner, or disposing of the dog in a humane manner if the dog cannot be controlled by the law enforcement officer or an owner or custodian on the scene. Any costs related to the quarantine or disposal will be charged to the owner or custodian.

(f) Vicious Dog Control. Any vicious dog(s) must be kept under control at all times by its owner. Any vicious dog(s) found running at large may be destroyed without attempting to impound said animal(s).

(g) Vicious Dog Database. The TMBCI Animal Control Department shall maintain a central database for determinations of Vicious Dogs.