35.13.010 Public Nuisance

(a) Every animal or group of animals that commit any of the following acts is deemed to be a public nuisance:

(1) At large on more than one occasion.

(2) Chases any person or vehicle.

(3) Disturbs the peace by barking, howling, fighting, or makes any unprovoked noise which is so loud that it disturbs a person of normal sensibilities and which such person does in writing state that they will so testify if called upon to testify about such matter under oath.

(4) Bites any person off the premises of the owner or any person lawfully on the premises of the owner.

(5) Attacks and injures, without provocation, any domestic animal or bird or other animal protected by law.

(6) Habitually approaches any person, off of or lawfully on the premises of the owner, in a vicious or terrorizing manner or in an apparent attitude of attack.

(7) Habitually damages public or private property by its activities or with its excrement.

(b) Upon complaint made before the TMBCI Tribal Judge, and notice to its owner, or, if the owner is unknown, after ten days' notice by publication and a hearing, the TMBCI Tribal Judge, upon a finding that a dog or cat is a public nuisance, may:

(1) Order the confinement of such animal within a building or secure enclosure, said animal not to be removed from such building or enclosure without being effectively restrained by chain or leash not exceeding six feet in length and/or properly muzzled; or

(2) Order the surrender of such animal to the humane society or other animal placement organization or TMBCI Animal Control Department for purposes of placement outside the territory and jurisdiction of TMBCI for humane destruction; or

(3) Issue such other order as may be necessary to abate the nuisance.

(c) The TMBCI Tribal Judge may assess costs and expenses to the owner or keeper of the dog or cat.