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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Dog Ordinance

Dog Registration and Control of Dangerous Dogs, Ordinance No. 1

Section 1. Findings

Section 2. Definitions

Section 3. Registration of Dog

Section 4. Seizure and Destruction of Dangerous, Potentially Dangerous and Abandoned Dogs

Section 5. Control of Rabies Infected Animals

Section 6. Penalty

Section 7. Enforcement: Jurisdiction

Section 8. Sovereign Immunity

Section 9. Effective Date

LLOjibwe Dog Ord. § 1
Section 1. Findings

The Leech Lake Reservation Tribal Council finds and declares that:

(1) Dogs have become a public health and safety risk in various communities of the Leech Lake Reservation; and

(2) In order to protect the health, safety and welfare of the Reservation it is necessary to provide for the registration of dogs and the control of stray, abandoned, and dangerous and nuisance dogs.

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 1, LLOjibwe Dog Ord. § 1



LLOjibwe Dog Ord. § 2
Section 2. Definitions

The terms used in this ordinance have the meanings given them.

Subdivision 1. “At large” means any dog off the owner's premises and not under control of a person by leash, cord, chain, or otherwise.

Subdivision 2. “Dangerous dog” means any dog that has:

1) without provocation, inflicted substantial bodily harm on a human being on public or private property;

2) killed a domestic animal without provocation while off the owner's property; or

3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks or endangers the safety of humans or domestic animals.

Subdivision 3. “Potentially dangerous dog” means any dog that:

1) when unprovoked, inflicts bites on a human or domestic animal on public or private property;

2) when unprovoked, chases or approaches a person on any public or private property, other than the dog owner's property, in an apparent attitude of attack; or

3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals.

Subdivision 4. “Owner” means any Indian person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog.

Subdivision 5. “Reservation” means the Leech Lake Indian Reservation as established by treaty and executive order within the boundaries described in an unpublished consent judgement in Leech Lake Band of Chippewa Indians v. Herbst, No. 3-69 Civ. 64 and 3-70 Civ. 228 (U.S. Dist. Ct., Dist. of Minn., June 18, 1973), including all lands and waters inside the described boundaries regardless of the issuance of any patent.

Subdivision 6 “Enforcement Officer” means a Leech Lake Public Safety Officer, a Leech Lake Animal Control Officer, a Leech Lake Environmental Health Specialist, or a Leech Lake Conservation Officer.

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 2, LLOjibwe Dog Ord. § 2




LLOjibwe Dog Ord. § 3
Section 3. Registration of Dog

Subdivision 1. Registration; Fee Required.

No dog shall be kept, harbored, or maintained within the boundaries of the Reservation unless it has been registered by the owner with the Leech Lake Public Safety Division, and the registration tag has been affixed to the dog's collar. The annual registration fee shall be $2.00.

Any person who keeps on the Reservation a dog that is dangerous or potentially dangerous must provide proof of insurance with a $50,000 liability limit per occurrence at time of registration to cover any damages that may be caused by the dog.

Subdivision 2. Registration Clinic.

The Director of the Leech Lake Health Division shall arrange for clinics for the registration of all dogs kept on the Reservation. A clinic shall be held at a reasonable time and place in each of the Reservation communities two times each year. Each community shall be provided at least two weeks advance notice of the clinic. A registration certificate and registration tag shall be issued with respect to each dog on the Reservation upon the owner's presentation of a vaccination certificate signed by a licensed veterinarian, and upon the owner's payment of the annual registration fee. Each registration tag shall be effective for a one year period commencing on the date of registration, and ending at midnight exactly one year later.

Subdivision 5. No Improper Use of Registration Tags.

All dogs residing on the Reservation shall be registered with the Leech Lake Public Safety Department, regardless of where the dog was vaccinated. No person shall attach a registration tag to a dog unless the dog has been properly vaccinated and registered with the Leech Lake Public Safety Division.

Subdivision 6. Abandonment.

The refusal or failure of the owner of any dog to register the dog or to pay the registration fee or to pay necessary expenses incurred to control the dog within ten (10) days after written notice thereof by the Leech Lake Public Safety Division shall be deemed abandonment of such dog by the owner. Abandoned dogs are subject to destruction as provided in Section 4 of this Ordinance.

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 3, LLOjibwe Dog Ord. § 3




LLOjibwe Dog Ord. § 4
Section 4. Seizure and Destruction of Dangerous, Potentially Dangerous and Abandoned Dogs

No dangerous, potentially dangerous or abandoned dog shall be permitted to run at large on the Reservation. Enforcement Officers are hereby authorized to seize and destroy such dogs. The Director of the Leech Lake Public Safety Division shall establish permitted means of destroying dogs pursuant to this Ordinance.

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 4, LLOjibwe Dog Ord. § 4




LLOjibwe Dog Ord. § 5
Section 5. Control of Rabies Infected Animals

Subdivision 1. Confinement.

Any dog known to have bitten a person so as to cause an abrasion of the skin shall be closely confined by the owner by means of a substantial metal chain for a period often (10) days or as may be recommended by a veterinarian in order to determine whether the dog is infected with rabies. Should the dog exhibit behaviors indicative of rabies infection, an enforcement officer shall remove the dog to a veterinary hospital or other location and place under observation. The owner shall be liable for all costs associated with the quarantine. The quarantine shall remain in effect for a minimum of ten (10) days after the diagnosis of the last known case of animal rabies within the quarantine area.

Subdivision 2. Removal to a Veterinary Hospital.

If the owner fails to confine such dog known to have bitten a person so as to cause abrasion of the skin, or if the owner of such a dog is not known, an Enforcement Officer shall remove the dog to a veterinary hospital or other location and placed under observation. The owner shall be liable for all costs associated with the quarantine. The quarantine shall remain in effect for a minimum of ten (10) days after the diagnosis of the last known case of animal rabies within the quarantine area.

Subdivision 3. Area Quarantine.

The Director of the Leech Lake Public Safety Division may, by order, impose a quarantine on any portion of the Reservation if he finds such action is necessary to control the spread of rabies. No dog or any other domestic animals named in the order may be removed from the quarantine area without written permission of the Director of the Leech Lake Public Safety Division. Owners of animals covered by the order within a quarantine area shall confine them to the owner's premises or maintain them under leash. Quarantine orders shall be published at least once in a local newspaper and posted on roads leading to the quarantine area. The Director of the Leech Lake Public Safety Division may, on the recommendation of a veterinarian, require the vaccination of any or all domestic animals in the community during the period of quarantine.

Subdivision 4. Destruction of Rabid Dogs: Rabies Testing.

Any dog that, in the opinion of Enforcement Officer appears to have rabies shall immediately be destroyed in a safe, sanitary and humane manner. If the dog has bitten a human, an Enforcement Officer shall arrange to have the head of the carcass removed, packed in ice, and sent to the Minnesota Department of Health Laboratory for rabies testing.

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 5, LLOjibwe Dog Ord. § 5




LLOjibwe Dog Ord. § 6
Section 6. Penalty

Any person who violates any provisions of this Ordinance shall be subject to a civil fine not to exceed $500.00. Additionally any person who violates any provisions of this Ordinance shall pay all expenses incurred in enforcing the Ordinance.

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 6, LLOjibwe Dog Ord. § 6




LLOjibwe Dog Ord. § 7
Section 7. Enforcement: Jurisdiction

The administration of this ordinance shall be the responsibility of the Leech Lake Public Safety Division. A Leech Lake Public Safety Officer, a Leech Lake Animal Control Officer, a Leech Lake Environmental Health Specialist or a Leech Lake Conservation Officer shall have authority to enforce the terms of this Ordinance. The Leech Lake Tribal Court shall have jurisdiction over actions arising under this Ordinance.

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 7, LLOjibwe Dog Ord. § 7




LLOjibwe Dog Ord. § 8
Section 8. Sovereign Immunity

Nothing contained in this Ordinance shall be construed as a waiver of the sovereign immunity from suit of the Leech Lake Band, its officials, employees or agents.

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 8, LLOjibwe Dog Ord. § 8

 




LLOjibwe Dog Ord. § 9
Section 9. Effective Date

This Ordinance shall become effective upon adoption by the Leech Lake Reservation Tribal Council.

We certify that the foregoing Dog Registration and Control of Dangerous Dogs Ordinance No. 1 was duly presented and acted upon by a vote of 4 for, 0 against, a quorum of 4 being present at a Special meeting of the Leech Lake Reservation Tribal Council, held in Bena, Minnesota on, July 22, 1999.

__________________________________

__________________________________________

Eli O. Hunt, Chairman

Linda G. Johnston, Secretary/Treasurer

Leech Lake Tribal Council

Leech Lake Tribal Council

Presented and acted upon on July 22, 1999.

Leech Lake Ojibwe Dog Registration & Control Ord. § 9, LLOjibwe Dog Ord. § 9

 

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