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Ordinances for the Te-Moak Tribe of Western Shoshone
Last amended: 2003 TE-MOAK DOG ORDINANCE
To regulate and control the dog population on the Te-Moak lands and to protect people, livestock, wildgame, and other domestic animals.
For the purpose of this ordinance, the following definitions shall mean:
All dogs must be inoculated before a license will be issued. A certificate or other documentation signed by a certified Veterinarian shall be required. Owners shall be responsible for the expense of the inoculation and tagging of their animals.
It shall be the duty of the appropriate law officer for the colony involved to keep all dogs impounded under the provisions of this ordinance for a period of not less than seven (7) days from the date of the posting of notice, unless sooner redeemed or disposed of, pursuant to this ordinance. If, at the expiration of seven (7) days from the date of posting notice, said dog is unclaimed, said dog so impounded under this ordinance may be given any to any party so requesting said dog, provided such party has the dog inoculated and pays the necessary license fee. If no party requests said dog, dog may be destroyed in the most humane manner possible. Any dog which appears to be suffering from rabies, mange or other infectious or dangerous disease shall not be released, but may be forthwith destroyed by humane means.
Any person finding any dog trespassing upon his/her property or public access to his/her injury or annoyance may apprehend or cause an officer of the law to apprehend, capture, or take up to same by any reasonable and humane means and may immediately turn it over to the appropriate law officer for the colony involved, who shall take such dog and return it to its rightful owner, if known. If its rightful owner be not known, the law officer may dispose of such animal by such humane procedure as is practicable under the circumstances. Where a dog is found to be running at large, captured, and turned over to the appropriate law officer for the colony involved and thereupon returned to its owner, the appropriate law officer for the colony involved shall issue a citation to the owner for violation of this ordinance, and such citation shall indicate that said owner shall appear before the Tribal Judge, for disposition of said citation at the date indicated on the citation or the Tribal Prosecutor shall issue a criminal complaint. Any dog that shows signs of being rabid shall be immediately destroyed by any person if there exists immediate danger to the life of another person, however, if there is sufficient time to notify the owner(s), there will be an effort made before action is taken. This section shall not apply to guide dogs for the blind ("seeing eye dogs"). Whenever a "seeing eye dog" is found to be running at large and is captured, the appropriate law officer for the colony involved shall take such dog and return it to its owner. In such instance, no citation shall be issued and no fine shall be levied and no criminal complaint shall be issued.
Any person who has accepted the responsibility of ownership of any dog(s) shall, if proven, be liable for any damages to life and property of others.
Any person who has ownership or accepted the responsibility of a "vicious dog(s)" shall be held responsible for the control of said animal(s) and, as such, will be liable for injuries inflicted on any person by such animal(s), providing the person(s) are not guilty of trespass on property posted properly, such as "Beware of Dog(s) or No Trespassing" (signs must be legible from at least ten (10) feet away) and in the act of theft or bodily injury. Any person who shall accept the responsibility of caring for dog(s) shall furnish sufficient food and shelter for the animal. A person who is found guilty of mistreatment to his/her dog(s) shall be fined under Part 9-1-10 of this ordinance.
Any person who has dog(s) that act in such a manner as to disturb the peace and quiet of other in the surrounding neighborhood shall, upon proper notice by a complaint served by a duly appointed officer of the law, directing him/her to quiet said dog(s) and fail to do so, be in violation of this ordinance and subject to the penalties under Part 9-1-10 of this ordinance.
The owner of any dog who fails to abide by any of the provisions of this ordinance shall forfeit not less than Ten Dollars ($10.00) nor more than one Hundred Dollars ($100.00) for the first violation of said ordinance. For a second or subsequent offense, the owner shall forfeit not less than twenty five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00).
This ordinance shall be deemed to be effective within the exterior boundaries of the Battle Mountain Indian Colony, the Elko Indian Colony, and the Wells Indian Colony. Portions of this ordinance have no effect within the exterior boundaries of the South Fork Indian Reservation and Odgers Ranch, except for provisions in Parts 1, 2, 3*, 5, 6, 8, 10, 11, and 15. *(Inoculation only shall pertain to South Fork Reservation and Odgers Ranch). A license fee will be set by a Band Council resolution and collected by the Band Councils and put in a separate fund for the support of this ordinance. All license will expire on December 30 of the year issued.
If the appropriate law officer for the colony involved apprehends or captures any dog, for which the owner is not known or cannot be found, then the appropriate law officer, for the colony involved, shall post written notice in two (2) prominent and conspicuous places within the community. The said notice shall indicate a description of the dog, the time, and place where the animal was found and the place where the animal is impounded. This written notice shall remain posted for seven (7) days from the date of posting which shall be indicated on the notice.
The owner or custodian, of the dog so impounded, may reclaim said dog upon the payment of the penalties, if any, for said dog, and all costs and charges incurred by the Band for impounding and maintenance of such dog.
It shall be lawful for any person to use whatever force is reasonably necessary, including deadly force, to prevent the immediate killing, injuring or molesting of livestock, wildlife, and poultry by a dog. It shall be the duty of the appropriate law officer for the colony involved to keep all dogs impounded under the provisions of this ordinance for a period of not less than seven (7) days from the date of the posting of notice, unless sooner redeemed or disposed of pursuant to this ordinance. If, at the expiration of seven (7) days from the date of the posting of notice, said dog is unclaimed, said dog so impounded under this ordinance may be given away to any party so requesting said dog, provided such party has the dog inoculated and pays the necessary license fee. If no party requests said dog, dog may be destroyed in the most humane manner possible. Any dog which appears to be suffering from rabies, mange or other infectious or dangerous disease shall not be released but may be forthwith destroyed by humane means.
All fees and related assessments shall be collected by the Band Councils involved. We, the undersigned, of the Tribal Council of the Te-Moak Tribe of Western Shoshone Indians of Nevada do hereby certify that the Te-Moak Western Shoshone Council is composed of 9 members of whom 5 constituting a quorum were present at a duly held meeting on the 18th day of August, 1987, and that the foregoing ordinance was duly adopted at such meeting by an affirmative vote of 4 FOR, 0 AGAINST, 0 ABSTENTIONS, pursuant to the authority contained under Article 4, Section 3 (n) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada.
[Digitizer's note: An accompanying letter is included with this section of the tribe's code, but it is not digitized here. For assistance accessing this letter, contact the National Indian Law Library.] ORDINANCE OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA ORDINANCE NO. 87-ORD-TM-05 That in accordance with Article 4, Section 3 (n) of the Constitution of the Te-Moak Tribe, approved May 3, 1938, as amended on August 26, 1982, as organized under the Indian Reorganization Act of June 18, 1934, (48 Stat.), as amended by the Act of June 15, 1934, (49 Stat. 378), that this ordinance to be known as the "Te-Moak Dog Ordinance," which shall be effective upon passage, and shall be incorporated in the Te-Moak Tribal Codes Ordinance under Title IX - Te-Moak Tribe Animal Code. |