35.14.030 Animal Cruelty

Reference TMBCI Tribal Code 26.11.040 Cruelty to Animals.

It shall be unlawful for any person and a Class [3] three offense to purposely or knowingly:

(a) Fail to provide necessary food, care, or shelter for an animal in one's custody;

(b) Leave an animal locked in a vehicle;

(c) Abandon an animal in one's custody;

(d) Kill, torture, injure, or administer poison to an animal without legal license to do so; or

(1) Conviction under this section will result of the confiscation of the cruelly treated animal(s) belonging to the accused, and it shall be proper if convicted, for the court in its discretion to order a final determination of the custody of the confiscated animal(s).

(2) If the animal is to be destroyed, the manner employed will not be unnecessarily cruel and the expense of a veterinarian shall be imposed upon the original owner.

(3) Any person who shall torture or cruelly mistreat any animal, or fail to take proper care of any domesticated animal, shall be guilty of a Class [3] three offense.

(4) A person who is convicted of Section 26.11.040 shall be responsible for the cost of impoundment of an animal(s) and will be responsible for the animal(s) food during impoundment during its confinement.

(5) The Tribal Court shall order, if an animal(s) is impounded under Section 26.11.040, be spayed or neutered, be registered and given rabies vaccinations. The cost of the medical procedures will be paid to the Turtle Mountain Animal Control/Pound if the original owner is found not guilty or a new owner purchases the animal(s).

(e) The following do not constitute violations of this section:

(1) Any usual and customary practice in:

(A) The production of food, feed, fiber, or ornament, including all aspects of the livestock industry;

(B) The boarding, breeding, competition, exhibition, feeding, raising, showing, and training of animals;

(C) The sport of rodeo;

(D) Animal racing;

(E) The use of animals by exhibitors licensed under the Animal Welfare Act, 7 U.S.C. 2131, et seq.;

(F) Fishing, hunting, and trapping;

(G) Wildlife management;

(H) The culinary arts;

(I) Lawful research and educational activities; and

(J) Pest, vermin, predator, and animal damage control, including the disposition of wild animals that have entered structures or personal property;

(2) Any action taken by an individual against an animal that is attacking or is about to attack a human, a companion animal, or livestock;

(3) The humane or swift destruction of an animal for cause; and

(4) Services provided by or under the direction of a licensed veterinarian.