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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Civil Procedure
Chapter Twenty-Four. Animal Control Ordinance

GENERAL NOTES

Jan. 26, 2005 L-AS-2005-01

 Absentee Shawnee Civil Procedure Ch. 24, , AST CIV PRO Code Ch. 24,



Section A. Basic Provisions
Section 100. Definitions

The following words and phrases when used in this Ordinance shall have the meanings when used in this Ordinance. The definitions are as follows:

1. “Animal” shall mean any reptile, fowl, mammal, or other living creature rather than a plant or tree; and

2. “Owner” shall mean any person, firm or corporation owning, harboring, or keeping an animal. Also, owner may be the occupant of any premises on which a domesticated or tamed animal remains, or which customarily remains, for a period or more than ten (10) days or more, shall be deemed to be harboring or keeping the animal; and

3. “Vicious animal” means an animal which has bitten, or attempted to bite, any person without undue provocation, or which attacks, or barks or growls at and acts as if it intends to attack or bites or bites a person or persons, when not unduly provoked; and

4. “Animal control officer” shall be that law enforcement officer designated by the Tribal Police Chief to investigate and control animals with the Absentee Shawnee Tribe of Oklahoma jurisdiction. Designation will be made on a case by case basis.

Absentee Shawnee Civil Procedure Section 100, AST CIV PRO Code Section 100



Section B. Dogs and Cats Vaccination and Health
Section 200. Dogs and Cats to be Vaccinated

The owner or keeper of any dog or cat of six (6) months of age or older within the Tribal jurisdiction shall have the dog or cat vaccinated against rabies by a licensed veterinarian every calendar year. Owners shall affix, or have affixed, to the collar or harness of each vaccinated dog or cat a metal disc with sufficient information thereon that the vaccination certificate covering the animal may be readily traced. Failure to do so can result in the animal being impounded, and vaccinated at the sole expense of the owner or keeper, if necessary.

Absentee Shawnee Civil Procedure Section 200, AST CIV PRO Code Section 200



Section B. Dogs and Cats Vaccination and Health
Section 201. Vicious Animal May Be Killed

Any person may kill an animal in self-defense or in defense of another when the animal, without undue provocation, bites him/her or the other, or attacks, or attempts to bite or attack, him/her or the other in such manner that an ordinarily prudent person would be led to believe that the person toward whom the efforts of the animal are directed to be bitten or otherwise physically harmed.

Absentee Shawnee Civil Procedure Section 201, AST CIV PRO Code Section 201



Section B. Dogs and Cats Vaccination and Health
Section 202. Keeping of Vicious Animals

No person shall own or harbor any rabid or vicious animal within the Tribal jurisdiction unless the same is kept upon private premises of such person and securely locked within a sufficient enclosure to prevent any possible means of escape. No license issued under this section shall be authority to permit any rabid or vicious animal to run at large within the Tribal jurisdiction, muzzled or not.

Absentee Shawnee Civil Procedure Section 202, AST CIV PRO Code Section 202



Section B. Dogs and Cats Vaccination and Health
Section 203. Dogs Muzzled or Cats Confined

A. When the animal control officer determines and certifies that a dog or cat, or any other animal within the Tribal jurisdiction, or within three (3) miles of the Tribal Jurisdiction is or was infected with rabies and that an epidemic of rabies threatens any portion of the Tribal jurisdiction, he/she may request that the Executive Committee, by Tribal resolution, order all dogs and cats within that particular area muzzled and/or confined, for such time until the risk of the rabies epidemic passes. The Resolution shall be given to all Tribal homes within the effected area, and shall be published in a newspaper of general circulation in the area.

B. While such resolution is in effect, it is unlawful for any owner or keeper of dogs or cats, to permit an unmuzzled dog or cat to be at large in violation of the resolution.

Absentee Shawnee Civil Procedure Section 203, AST CIV PRO Code Section 203



Section C. Rabies Control and Procedures
Section 300. Rabies Control and Procedures

A. Every animal that bites or scratches a person shall be reported within four (4) hours to the Chief of Police or another police officer, and shall thereupon be securely quarantined, for a period of ten (10) days, at a veterinary hospital or other facility as may be approved by the officer designated as the animal control officer, at the expense of the owner or keeper of the animal, who may choose the veterinary clinic and shall not be released from such quarantine except by permission of the animal control officer and a licensed veterinarian. If an owner or keeper fails to quarantine his/her animal and is found guilty of such a violation a fine may be imposed by the Tribal Court not to exceed one hundred dollars ($100.00).

B. In the case of stray animals, or if the ownership of the animal is unknown, such quarantine location shall be determined by the animal control officer.

C. The owner or keeper of an animal shall surrender any animal that has bitten or scratched a human, or which is suspected of having been exposed to rabies, for supervised quarantine, the expenses for which shall be borne by the owner and the animal may be reclaimed by the owner if adjudged free of rabies.

D. When an animal under quarantine has been diagnosed as being rabid, or suspected by a licensed veterinarian as being rabid, and dies while under such observation, the animal control officer or veterinarian shall immediately send the head of the animal to the State Department of Health for pathological examination, and notify the proper public health officials of human contacts and the diagnosis made of the suspected animal.

E. Any person that kills a rabid animal suspected or confirmed, shall notify the animal law enforcement officer, within four (4) hours of such killing.

F. The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the animal control officer.

G. It is the duty of every physician, veterinarian or any other practitioner to report to the animal control officer the names and addresses of persons treated for bites inflicted by animals together with other information as will be helpful in rabies control.

Absentee Shawnee Civil Procedure Section 300, AST CIV PRO Code Section 300



Section D. Miscellaneous Provisions
Section 400. Animals to be Impounded, Entry on Property

The animal control officer, a police officer, or other law enforcement officer may authorize upon a showing of probable cause that an animal is a threat to the human population take into custody and impound any animal found at large or roaming, and/or that is in violation of any provision of this Ordinance. In taking an animal into custody under the authority of this Ordinance, the animal control officer may enter onto private property to gain custody of the animal.

Absentee Shawnee Civil Procedure Section 400, AST CIV PRO Code Section 400



Section D. Miscellaneous Provisions
Section 401. Fees and Procedures for Impoundment of an Animal

The owner of an impounded animal shall pay the actual fees charged for impounding and/or keeping any animal. The procedures for care and release of the animal shall be created by the police department and must be approved by the Executive Committee.

Absentee Shawnee Civil Procedure Section 401, AST CIV PRO Code Section 401



Section D. Miscellaneous Provisions
Section 402. Clean Space for Animals

Every place, building, or area where an animal is kept or permitted to be kept shall be maintained in a clean and sanitary condition, devoid of rodents and vermin and free from objectionable odors.

Absentee Shawnee Civil Procedure Section 402, AST CIV PRO Code Section 402



Section D. Miscellaneous Provisions
Section 403. Animal Control Officer to Inspect

The animal control officer or Tribal police chief, upon formal complaint of any person, shall inspect any structure, place or area where an animal is kept, and may do so on his/her own initiative. The animal control officer or Tribal police chief may issue any such reasonable ticket to bring the animal in compliance with this Ordinance. If the owner or keeper of the animal fails to comply with the ticket issued, the law enforcement officer or Tribal police chief may make request of the Tribal Court Trial judge to enforce any reasonable order protecting and promoting the public interests and providing a safe, healthy environment for the animal. The request for enforcement will allow the Tribal Judge to determine if the ticket issued is reasonable. If it is, and is not being complied with, the Judge may assess a fine of not more than one hundred dollars ($100.00), and grant other relief the Tribal Judge determines is necessary, to bring compliance, including incarceration.

Absentee Shawnee Civil Procedure Section 403, AST CIV PRO Code Section 403

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