CHITIMACHA TRIBE OF LOUISIANA
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CHITIMACHA TRIBE OF LOUISIANA
TITLE XV - ENVIRONMENTAL CODE
CHAPTER 1. ANIMAL CONTROL PROVISIONS
Sec. 101.
Definitions.
For the purpose of this Title, the following terms, phrases, words and derivations shall have
the meaning given herein, unless it shall be apparent from the context that a different meaning is
intended.
(A) Adequate Water: A constant access to a supply of clean, fresh, potable water provided
in a sanitary manner or provided at suitable intervals for the species and not to exceed twenty-four
(24) hours at any interval.
(B) Advisor: A Louisiana licensed practicing Veterinarian, who shall be appointed by
the Chitimacha Tribal Council, to provide services upon their request.
(C) Animal:
Any
living
creature
except
human beings,
including
but
not
limited to mammals, birds, fowls, reptiles and fish, except when referring specifically to the
control of rabies when the word shall mean only mammal.
(D) Animal Control Department: A division of the Chitimacha Police Department,
responsible for the collection, impounding, care and disposal of animals on the Chitimacha
Reservation, known as the Chitimacha Animal Control Department; which department is hereby
authorized to perform those functions within as permitted by Tribal Law.
(E) Animal Control Officer: Animal Control Officers of the Chitimacha Police
Department, known as the Chitimacha Animal Control Officer, who are authorized to cite for
violations and otherwise enforce the provisions contained herein.
(F) Animal Shelter: Holding facility for animals as designated by the Chitimacha Tribe
of Louisiana.
(G) At Large: An animal may be deemed at large if it is not leashed and/or if it is off of
the premises of its owner or keeper and not under the immediate control of a responsible person.
(H) Bite: Any abrasion, puncture, tear or piercing of the skin actually or suspected of
being caused by an animal.
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(I) Cat: Cat of a domesticated species.
(J) Complainant: Any person submitting a written and signed complaint and/or the
Chitimacha Animal Control Officer.
(K) Dangerous Dog: Any dog that has either attacked a person or another animal without
justification, such act causing injury or death, or any dog that exhibits behaviors that firmly suggest
a substantial risk of such attack.
(Added by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
(L) Euthanasia: The humane destruction of an animal accomplished by a method that
involves instantaneous unconsciousness and immediate death or by a method that involves
anesthesia, produced by an agent which produces painless loss of consciousness, and subsequent
death during such loss of consciousness.
(M) Exposed to Rabies: An animal has been exposed to rabies if it has been bitten by a
known rabid animal or if it has been in contact with any animal known to be or suspected of being
infected with rabies.
(N) Kennel: A place or establishment, other than the Animal Shelter, where animals are
sheltered, fed and watered in return for a fee.
(O) Owner: Any person, partnership, business, corporation, firm, investment stock
company, association or other legal entity owning, keeping or harboring any animal or having in
their care an animal owned or about his premises.
(P) Rabies Vaccinations: Inoculation with a recognized anti-rabies vaccine approved by
the St. Mary Parish Health Unit.
(Q) Service Animal: A dog that is trained to do work or perform tasks for a person with a
disability.
(Added by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
(R) St. Mary Parish Animal Control Department: The department responsible for the
collection, impounding, care and disposal of animals in St. Mary Parish; which department is
authorized to perform those functions under State law.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
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CHAPTER 2. DESIGNATED TRIBAL OFFICIAL
Sec. 201.
Animal Control Officer.
The Chitimacha Animal Control Officer, shall be that employee of the Chitimacha Police
Department, who is hereby vested with the authority to cite for violations and otherwise enforce
the provisions contained herein. Such authority includes the affirmative duty to monitor whether
a person is complying with this Title in the first instance, as well as whether a person remains in
compliance with this Ordinance or the conditions of a Citation, Certification, or directive issued
pursuant to this Title. In situations of animals being at large and animals which have bitten persons,
the authority of the Chitimacha Animal Control Officer shall be concurrent with that of the St.
Mary Parish Animal Control Department.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
CHAPTER 3. RULES AND REGULATIONS
Sec. 301.
Rabies Vaccination.
All dogs, cats, and ferrets shall be vaccinated initially with a series of two (2) vaccinations,
the first to be administered at three (3) months of age, and the second to be administered one (1)
year after the initial vaccination. Subsequent booster vaccines shall be administered one (1) year
after the administration of a vaccine that confers one (1) year of immunity and three (3) years after
the administration of a vaccine.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011)
Sec. 302.
Rabies Control and Bites Cases.
(A) Should a dog, cat, or any other animal bite a person or be reported to have bitten a
person within the limits of the Chitimacha Reservation, it shall be the duty of the owner, the
person having same in his possession or under his control, or a person who assumes the role of
caretaker of an animal that they do not own by providing the animal with sustenance on a regular
basis throughout a calendar week or more, to immediately notify the Chitimacha Police
Department, and surrender said dog, cat or animal to the Chitimacha Police Department, who is
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herewith authorized and empowered to enter the premises in order to make any inspection or
examination of said dog, cat or animal as may be deemed necessary. It shall be the duty of the
Chitimacha Animal Control Officer to impound or cause to be impounded any such dog, cat or
animal for a period of ten (10) days for observation either in the hospital facilities of a licensed
veterinarian or at the St. Mary Parish Animal Shelter or require such animal to be confined securely
for a period of ten (10) days by the person owning same or having possession thereof in such
manner and on such premises as may be designated by the Chitimacha Animal Control Officer.
The Chitimacha Police Department, Animal Control Officer or, a licensed veterinarian
may order the destruction of such animal and send its head to the Bureau of Laboratories of the
Louisiana Department of Health for a rabies laboratory test whenever deemed necessary for the
protection of the bite victim.
(B) Should any animal undergoing the ten (10) days observation for having bitten a person
show indications of rabies, the destruction of such animal may be ordered after confirming
diagnosis by a licensed veterinarian. The head of any such animal, which was destroyed or died
during the rabies quarantine, shall be sent to the Bureau of Laboratories of the Louisiana
Department of Health for a rabies laboratory test.
(C) It shall be the duty of every veterinarian having an animal quarantined for a bite
incident to submit a report to the Chitimacha Police Department as to the condition of said
quarantined animal on the initial day of observation and the tenth (10th) day immediately following
the date of said bite incident.
(D) Any animal impounded or confined for rabies quarantine may be released upon
completion of the ten (10) days observation period only upon authorization as required. Any such
animal, if a dog or cat, must have a valid vaccination tag before it may be released or it must be
vaccinated after completion of the rabies quarantine prior to being released. Any animal so
impounded or confined for rabies may not be released until it has been examined by and issued a
certificate of health from a Louisiana licensed veterinarian.
(E) If any animal is suspected of having been exposed to rabies, all persons having
knowledge of such condition or event shall forthwith surrender animal to the Chitimacha Animal
Control Officer, and shall fully advise same of all the facts and circumstances involved. Such
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animal may be quarantined, confined, humanely destroyed, if the exposure warrants such action,
or released under the direction and supervision of the Chitimacha Animal Control Officer as he
deems advisable in rabies control.
(F)
No person shall fail or refuse to surrender an animal for supervised quarantine,
confinement or humane destruction as required herein for rabies control when deemed advisable
by the Chitimacha Animal Control Officer.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 303.
Prohibitions.
(A) It shall be unlawful for any person to release or entice any animal secured by the
owner or keeper within his or her yard outside of the premises of such keeper or owner.
(B) No person shall poison or ill-treat an animal, nor may an animal be abandoned. No
person shall beat, mutilate, kill, torture, or abuse or cause same to be beaten, mutilated, killed,
tortured or abused. Such person may be subject to the maximum penalties provided.
(C) Every person who owns, keeps, or assumes the role of caretaker of an animal that they
do not own or keep by providing the animal with sustenance on a regular basis throughout a
calendar week or more, shall exercise proper care and control of such animals so as to prevent
them from creating or becoming a public nuisance. Excessive or untimely barking, howling or
yelping so as to disturb the peace and quiet of a neighborhood or its residents or to disturb the
health or repose of the residents; attacking or molesting passersby or other animals; and/or being
repeatedly at large; may be deemed to be the creation of a public nuisance and the owner or keeper
of an animal causing such public nuisance may be deemed guilty of an infraction and subject to
the penalties contained herein.
(D) Premises on which animals are kept, including where fowl are kept, shall be maintained
so as to prevent disagreeable odors arising therefrom, or the presence of breeding of flies,
mosquitos and other pests.
(E) Vicious Animals. Fierce, dangerous or vicious animals, including those specifically
deemed dangerous dogs under this section, shall be confined either within the owner’s residence
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or in a fully enclosed pen a minimum size measuring four (4’) feet by seven (7’) feet with a
concrete floor at least two and one-half (2 ½”) inches thick and at least six (6’) foot high fencing
on all sides with a secure cover. The sides must be attached to the floor or embedded no less than
twenty-four (24”) inches into the ground. Said enclosure shall be securely closed and locked at all
times, inspected annually or upon a complaint made to the Chitimacha Animal Control Officer
regarding said enclosure. The owner shall have posted at each possible entrance to the owner’s
property where the animal is kept, a conspicuous and clearly legible warning sign. Said sign must
be at least eight (8”) inches by ten (10”) inches in rectangular dimensions and contain a succinct
warning for the relevant animal (e.g., “BEWARE OF DOG”) in lettering not less than two (2”)
inches in height. Confinement shall be in such a manner that the animal cannot come in contact
with any person or other animal except under supervised conditions. All such animals, including
but not limited to guard or K-9 dogs, must be under direct manual control, tethered on a leash and
muzzled when not confined as required above.
(F) Dangerous Dog Classification.
(1)
Any dog that is the subject of a dangerous dog investigation, that is not
impounded, shall be confined by the owner, keeper, or caretaker, in a securely
fenced or enclosed area pending the outcome of the investigation and resolution of
any hearings related to the dangerous dog classification.
(2)
No dog that is the subject of a dangerous dog investigation may be relocated
or ownership transferred pending the outcome of the investigation or any hearings
related to the determination of a dangerous dog classification.
(3)
After the investigation, the Chitimacha Animal Control Officer involved
shall make an initial determination as to whether there is sufficient cause to classify
a dog as dangerous. If the Chitimacha Animal Control Officer makes an initial
determination that a dog should be classified as a dangerous dog, then the
Chitimacha Animal Control Officer shall provide written notification of such to the
owner, keeper, or caretaker of the dog, by registered mail or personal service in
conformance with the statutory provisions relating to the service of process. To
fulfill the notice requirement hereunder, the Chitimacha Animal Control Officer
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must only take measures reasonable under the circumstances to identify the
caretaker of a dangerous dog.
(4)
Once a dog is classified as a dangerous dog and the owner, keeper, or
caretaker has been properly notified, said person may file a written request for a
hearing in the Chitimacha Tribal Court to appeal the classification within ten (10)
business days after receipt of the written determination of dangerous dog
classification. The dog must remain confined in a securely fenced or enclosed area
pending a resolution of the appeal.
(G) Nuisance Dog. Any owner, keeper, or caretaker whose dog is determined to be a public
nuisance is subject to the penalties described in this Title.
Any unclaimed dog shall become the property if the Chitimacha Tribe of Louisiana and
transferred to a humane society or placed in the custody of the same person deemed to be a
responsible and suitable owner who agrees to comply with all of the provisions of this Chapter.
If no animal shelter or suitable owner is available to accept responsibility of said nuisance or
unclaimed dog, the dog may be humanely destroyed. No waiting period shall be required to destroy
any dog suffering from an infectious disease or for a seriously ill dog.
(H) The Chitimacha Animal Control Officer may destroy and/or order the destruction of
any wild or vicious dog or other animal found in violation of this Title, which cannot be safely
taken up or impounded, but it shall be unlawful for any other person to kill any dog or other animal
by shooting or poisoning at any place other than the Animal Shelter, provided that in cases of bona
fide emergency any person may take such measure as may be necessary for protection of person
and property.
(I) No person shall expose any known poisonous, dangerous or noxious substance, whether
mixed with food or not, so that same shall be liable to be eaten by any animal, provided that it shall
not be unlawful for a person to expose on his property common rat poison mixed only with
vegetable substances. Rat poison, however, shall be exposed only in a manner which assures that
it will not be ingested by dogs or cats.
(J) For the purposes of this subparagraph, the Chitimacha Animal Control Officer must
take measures reasonable under the circumstances to identify the evident owner, keeper, or
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caretaker of an animal. After due notice to the known owner, keeper, or caretaker of an animal, the
Chitimacha Animal Control Officer may cause the muzzling, secure confinement, removal from
or the humane destruction of any animal for any of the following reasons:
(1) Whenever an animal has committed an unprovoked attack upon any person or
animal on more than one occasion;
(2) Whenever an animal has undergone quarantine for rabies observation twice.
(3) Whenever any lawful patron or visitor of a business whose physical safety is
jeopardized by an animal used to guard the business when that animal is not
securely confined during hours said business is open to the public.
(K) Duty of Animal Owners to Be Responsible. It shall be the duty of the owner, keeper,
or caretaker of an animal, including persons who assume the role of caretaker of an animal that
they do not own or keep by providing the animal with sustenance on a regular basis throughout a
calendar week or more, to have such animal confined within his or her yard or enclosure, or secured
by a humane method therein.
(1) No animal shall be permitted to run or be upon any street, highway, common
or public square or any other facility used by the public unless under the immediate
control of a competent person and restrained by a substantial chain or leash not
exceeding six (6) feet in length. Animals found to be at large may be seized and
impounded or, as an alternative, the Chitimacha Animal Control Officer finding the
said animal at large may issue a notice to the owner, keeper, or caretaker that his
animal is in violation of this Section.
(2) The owner, keeper, or caretaker may be entitled to resume possession with any
impounded animal upon payment of the impoundment and daily board fees and
compliance with vaccination requirements; provided application for such
possession, with payment of all required fees, is made within the time provided by
the rules, after impoundment.
(3) Owners, keepers, and caretakers shall not permit their animals on any school
ground when school is in session, or on any public recreation area when an
organized activity is being conducted, unless the animal is controlled by leash or
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similar device to prevent the animal from biting any person or other animal.
Animals shall not be permitted in restaurants or other places serving food,
establishments selling food or edible products, or in any place of business when
prohibited by the owner of same. The provision shall not apply to service animals.
(4) Every female animal in heat shall be confined so that the animal cannot come
into contact with a male animal of the same species which has not been castrated
or vasectomized, except for planned breeding.
(5) It shall be the duty of every owner, keeper, and caretaker of any animal or
anyone having any animal
in his or her possession or custody, to exercise
reasonable care and to take all necessary steps and precautions to protect other
people, property and animals from injuries or damage which might result from his
animal’s behavior, regardless of whether such behavior is motivated by
mischievousness, playfulness or ferocity.
(6) In the event that the owner, keeper, or caretaker of any animal is a minor, the
parent or guardian of such minor shall be responsible to ensure that all provisions
of this Chapter are complied with.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 304.
Humane Care of Animals.
Every person owning, keeping or having responsibility for an animal or animals, including
those who assume responsibility for an animal by providing sustenance to the animal on a regular
basis throughout a calendar week or more, shall provide said animal or animals with adequate fresh
and wholesome food and water, specific to each species, at least once every twenty-four (24) hours,
and protection from environmental stress. Each and every animal shall be maintained in a good
state of health, so as to ensure control, relief and resolution of diseases or conditions causing pain,
debilitation, anxiety or discomfort, including but not limited to conditions involving the skin, ears,
teeth, internal parasites and external parasites. Any animal afflicted with disease or conditions as
described above, or any animal suffering from starvation or physical abuse, shall be provided with
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appropriate medical care and management with the intent to control, relieve and resolve said
disease or condition. Dogs shall be immunized annually for canine distemper, hepatitis,
leptospirosis, rabies, and any other disease or condition that is commonly recommended by
veterinarians for immunizations. Cats shall be immunized annually for feline distemper,
rhinotracheitis, calici, pneumonitis, rabies, and any other disease or condition that is commonly
recommended by veterinarians for immunizations. Kittens and puppies shall be immunized in
accordance with veterinary recommendations as per their age or conditions; but all dogs and cats
shall receive the immunizations described above by four (4) months of age, unless their physical
condition dictates otherwise as per specific veterinary recommendations.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 305.
Confinement of Diseased Animals.
No animal which is afflicted with a disease or condition which is communicable to humans
shall be housed within the Chitimacha Reservation unless appropriate precautions are taken to
ensure that said condition is confined to said animal and to ensure control and resolution of said
disease or condition. No animal afflicted with a contagious disease or condition shall be exposed
to any other animal or person in such a manner which allows the spread of said disease or condition
to the other animal or person.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 306.
Failure to Provide Humane Care - Impoundment of Animals.
In cases where it alleged that humane care, as defined in the preceding sections, is not
provided to an animal, the Chitimacha Animal Control Officer shall investigate, and may make
specific recommendations along with issuing a Notice of Violation. If the failure to care for an
animal, as defined in the preceding sections, continues, the Chitimacha Animal Control Officer
has the authority to seize and impound said animal and submit said animal to the Animal Shelter
for medical evaluation and treatment. The expenses incurred in said medical treatment shall be
considered in addition to the impoundment fee and charges to the owner, keeper, or caretaker of
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the animal in question.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 307.
Duty to Impound.
Whenever animals are kept within any building or on any premises without adequate food,
water or proper care and attention, or required medical care, or are kept in violation of the
provisions contained herein, or are infected with disease or condition or kept under conditions
which could endanger public health or create a nuisance, it shall be the duty of the Chitimacha
Animal Control Officer to enter said building or premises to take possession of and remove said
animals abandoned or neglected. Animals impounded shall only be released or disposed of in
accordance with Section 314, subject to the additional requirement that an animal impounded for
failure to provide humane care may only be released to an owner, keeper, or caretaker if the reason
for which the animal was impounded is corrected.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 308.
Owner Notification, Holding Time, Release of Animal, Adoption and
Disposal of Animal.
The notification, holding time, release of animals, adoption and disposal of animals
impounded in the Animal Shelter, as each apply to an owner, keeper, or known caretaker, shall be
in accordance with the rules and regulations provided for the operation of said Animal Shelter.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 309.
Liability of Owner or Responsible Party for Animals.
In addition to the fees and charges to be paid to the Animal Shelter for the release of any
impounded animal, any owner, keeper, or otherwise responsible party, including persons who
assume the role of caretaker of an animal that they do not own or keep by providing the animal
with sustenance on a regular basis throughout a calendar week or more, who has permitted a
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licensed or unlicensed animal to roam at large may be found guilty of an infraction and shall be
subject to a penalty as set forth herein.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 310.
Unwanted Animals.
Owners of unwanted animals may bring such animals to the Animal Shelter at no cost to
the owner to be made available for adoption or other disposition at the discretion of the Animal
Shelter.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993)
Sec. 311.
Disposal of Live Animals.
Live animals may not be disposed of to any school, college, university, association,
laboratory or corporation for experimentation purposes or to any person providing, selling or
supplying dogs and other animals to any school, college, university, association or corporation for
experimentation.
Any person that disposes of the carcass of any dead animal shall do so in a manner
consistent with applicable health regulations.
(Added by Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised
by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 312.
Animals At Large.
The Chitimacha Animal Control Officer may impound any animal found to be at large. The
procedures prescribed in Section 314 shall govern the disposition of an animal impounded because
it was found to be at large.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 313.
Failure to Care For.
Failure of any person to adequately house, feed and water or maintain and care for as
defined herein for animals in his possession or custody, shall constitute a violation of this Title and
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may be subject to the maximum penalties provided. Such animals shall be subject to seizure and
impoundment and upon proof of violation, may be sold, euthanized, or otherwise disposed of in
accordance with the procedures prescribed in Section 314.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 314.
Disposition of an Impounded Animal.
(A) The disposition of any animal impounded under this Title shall be in accordance with
the following procedures.
(B) An owner, keeper, or caretaker may reclaim an impounded animal if he or she:
(1) pays for the cost of the impoundment, including boarding fees; and
(2) to ensure that a claimant complies with the legal requirements prescribed by this
Title, the claimant must execute a Certification of Animal Control Compliance
certifying that the claimant has received a copy of this Title, agrees to comply with
its terms and conditions, and that failure to comply with the Title’s terms and
conditions may result in the claimant being subject to increased penalties; and
(3) where the claimant is an owner, keeper, or caretaker of an animal impounded
for failure to provide humane care, the claimant must both execute the Certification
of Animal Control Compliance and correct the reason for which the animal was
impounded.
(C) Twenty-four (24) hours after an animal has been impounded, the Chitimacha Animal
Control Officer, in his or her discretion, may:
(1) maintain custody of the animal for a period of time that is reasonable under the
circumstances for the purpose of providing a claimant an opportunity to fulfil the
obligations required to reclaim the animal;
(2) deliver the animal to a suitable Animal Shelter, to be reclaimed or adopted in
accordance with the procedures or laws to which the shelter is subject; or
(3) deliver the animal to the St. Mary Parish Animal Warden, to be reclaimed,
adopted, or humanely disposed of in accordance with the procedures or laws to
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which that official is subject.
(Added by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 315.
Interference with Designated Officer and/or Agents.
It shall be unlawful for any person to hinder, resist, molest or interfere with any Chitimacha
Animal Control Officer and/or Agent in the performance of his duties as provided herein.
No person shall, without authority, release or attempt to release or remove any animal from
the custody of the Chitimacha Animal Control Officer.
No person shall tear down, burn, deface, destroy or otherwise injure an Animal Shelter,
animal restraint device, cage, or enclosure, unless such property is destroyed by its owner.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
CHAPTER 4.
PENALTIES
Sec. 401.
Failure to Obey Rules and Regulations.
Any person who fails to obey the Rules and Regulations as provided herein, shall be guilty
of an infraction, for which a Citation/Summons may be issued by the Chitimacha Animal Control
Officer.
If deemed necessary, the animal involved may be impounded by the Chitimacha Animal
Control Officer.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 402.
Investigations.
The Chitimacha Animal Control Officer may request the owners, keepers, or caretakers of
any animals to exhibit the animal and, if applicable, the registration certificate of such animal and
it shall be the duty of the Chitimacha Animal Control Officer to keep the following records:
(A)
accurate and detailed records of the registration, impoundment and disposition of
all animals coming into his custody;
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Title XV
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(B)
accurate and detailed records of all reported bite cases and investigations for a
period of three (3) years; and accurate records of all rabies certificates.
(Added by Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised
by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 403.
(A)
Citation/Summons to be Issued.
A Citation/Summons for which there has been non-compliance within the time
allowed, shall then be filed by the Chitimacha Animal Control Officer in the Chitimacha
Tribal Court for processing.
(B) When service has been completed, the original Citation/Summons shall be filed with
the Clerk of Court, as a Civil Complaint and placed for hearing on the appropriate docket.
(C) All Court costs, fees and/or expenses shall be the responsibility of the party in
violation of this Title.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 404.
Applicable Fines.
Any persons who fail to comply, resulting in a Citation/Summons being issued shall be
subject to the applicable fines, as follows;
(A) First Offense
A minimum fine of not less than Twenty-Five Dollars ($25.00) up to a maximum fine of
One Hundred Twenty-Five Dollars ($125.00) shall be imposed.
(B) Second Offense
A minimum fine of not less than Fifty Dollars ($50.00) up to a maximum fine of One
Hundred Fifty Dollars ($150.00) shall be imposed.
(C) Third Offense
A minimum fine of not less than Seventy-Five Dollars ($75.00) up to a maximum fine of
One Hundred Seventy-Five Dollars ($175.00) shall be imposed.
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Title XV
Page 15
(D) Fourth and Subsequent Offenses
A fine not to exceed Two Hundred Dollars ($200.00) shall be imposed, and/or any
additional penalties which shall be deemed appropriate at the discretion of the Court.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011)
Sec. 405.
Enhanced Penalty for Violation of Certification of Animal Control
Compliance.
Any person who claims and receives an impounded animal in accordance with Section 314,
executes a Certificate of Animal Control Compliance, and violates this Title may be issued a
Citation for both the relevant underlying violation and for the violation of the Certificate of Animal
Control Compliance. Upon issuance of such Citation, such person shall, upon conviction, be
subject to the maximum penalty prescribed for the underlying violation, as dictated by Section
404, and the maximum penalty prescribed for a Second Offense under Section 404(B) for the
additional violation of the Certificate of Animal Control Compliance.
(Added by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 406.
Failure to Appear.
Failure to appear at the date and time indicated without paying the statutory fine and costs
prior to hearing date shall be deemed an admission to the infraction by the party ,
for which, additional penalties and Court costs may be imposed.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 407.
Limitation on Enforcement of Penalties Against Caretakers.
(A) Before issuing a citation that imposes the penalties prescribed under this Title for a
violation of the conditions prescribed under this Title to any person who has assumed the role of
caretaker of an animal that they do not own or keep by providing the animal with sustenance on a
regular basis throughout a calendar week or more, the Chitimacha Animal Control Officer shall
first issue a written Notice of Violation to the caretaker that specifies the basis for the violation
and, if applicable, the action that the caretaker must take to cure said violation. Any such
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Title XV
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caretaker who after receiving the written Notice of Violation commits the same violation a second
time or fails to cure the violation as prescribed in the Notice of Violation may, in the discretion of
the Chitimacha Animal Control Officer, be subject to a citation that imposes the penalties
prescribed under this Title for the relevant infraction.
(B) Any person subject to a Notice of Violation who concludes that he or she cannot
continue to care for the animal may bring such animal to the Animal Shelter at no cost to the
caretaker to be made available for adoption or other disposition at the discretion of the Animal
Shelter.
(C) A caretaker who claims and receives an impounded animal shall be deemed an owner
of that animal and therefore not entitled to any limitation on enforcement prescribed under this
Section 407.
(Added by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
CHAPTER 5.
Sec. 501.
MAINTENANCE OF TRIBAL LANDS
Tribal Land Maintenance Officer.
The Chitimacha Police Department shall designate an officer or officers to serve as a Tribal
Land Maintenance Officer. The Tribal Land Maintenance Officer is hereby vested with the
authority and the duty to cite for violations and otherwise enforce the provisions prescribed under
this Chapter 5. Such authority includes the affirmative duty to monitor whether persons are
complying with this Chapter, as well as whether a person remains in compliance with this Chapter
or the conditions of a citation or directive issued under it. For the purposes of this Chapter 5, by
virtue of the delegation of authority provided herein, any authority granted to the Chitimacha
Police Department is also granted to the Tribal Land Maintenance Officer, and vice versa.
(Added by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 502.
Tall Grass and/or Weeds.
No person shall allow tall grass and/or weeds to grow on any land within the Chitimacha
Reservation. If the grass and/or weeds are not cut, a Citation/Summons may be issued by the
Chitimacha Police Department. If the grass and/or weeds remain uncut 14 days after the
Chitimacha Police Department issues a Citation/Summons, the Chitimacha Tribe of Louisiana or
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Title XV
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its designated agent may enter the land and cut same at the expense of the person found in violation
of this Section. In addition, any and all civil penalties as provided herein shall also be imposed.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 503.
Burning of Debris Restricted.
No person shall burn any and all debris, including but not limited to leaves, grass, weeds
and/or trash within one hundred (100’) feet of any public right of way, road, highway and/or within
fifty (50’) feet of the nearest structure or residence. Any person found in violation of this Section
shall be subject to the penalties provided herein.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 504.
Sewage Disposal Requirements.
No person shall maintain an open sewer on any lands within the Chitimacha Reservation.
Any and all persons who have been assigned the use of Tribal land, shall connect to a public sewer
system. If a person fails to comply with these requirements, a Citation/Summons may be issued
by the Chitimacha Police Department. The situation shall be remedied at the expense of the person
in possession of the land. In addition, any and all civil penalties as provided herein shall also be
imposed.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 505.
Dismantled and/or Junked Vehicles, Engines, Motors and/or
Appliances Prohibited.
No vehicles, engines, motors, appliances, and/or other large metal devices shall be dismantled
and/or junked on land within the Chitimacha Reservation.
(A) These items may be deemed dismantled and/or junked if they are;
(1) lacking in one or more parts essential to its mechanical functioning, or otherwise
inoperable so that it has no substantial potential for further use consistent with its
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usual functions, and;
(2) not repaired or moved for ninety (90) consecutive days.
If a person fails to comply with this provision, a Citation/Summons may be issued by the
Chitimacha Police Department. The item and/or items as referenced above may be removed and
sold or disposed of by the Chitimacha Tribe of Louisiana. In addition, the person in possession of
the property shall be subject to the penalties provided herein.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 506.
Unsightly Litter, Trash, Debris, Garbage, Etc.
No person shall permit or contribute to the placement, accumulation, or continued
presence of litter, trash, debris, yard waste, or garbage on lands within the exterior boundaries of
the Chitimacha Reservation that is unsightly, poses a danger to the public’s health or safety,
interferes with or degrades the use or enjoyment of said lands, or undermines the public purpose
of said lands or the improvements thereon. If a person fails to comply with this provision, by
removal of same, a Citation/Summons may be issued by the Chitimacha Police Department.
Removal and/or clean up will be completed at their expense. In addition, they shall be subject to
the penalties provided herein.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
CHAPTER 6.
Sec. 601.
PENALTIES
Citation/Summons.
Any person who fails to obey the provisions in the preceding Chapter, shall be guilty of an
infraction, for which a Citation/Summons may be issued through personal service or certified
restricted delivery mail, by the Chitimacha Police Department. Failure to do so may result with
compliance being met at the expense of the person cited, plus additional penalties being imposed.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
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Title XV
Page 19
Sec. 602.
(A)
Citation/Summons to be Issued.
Citation/Summons for which there has been non-compliance within the time
allowed, shall be submitted by the Chitimacha Police Department, along with a statement for
expenses incurred to be assessed against the person cited, to the Chitimacha Police Department for
processing.
(B)
The Citation/Summons shall be prepared, and served along with a copy of the
statement upon the party. This document shall reflect the;
(1) name and address of the party being cited;
(2) violation for which Citation/Summons was served;
(3) date the Citation/Summons was served; and
(4) date and time this matter shall be heard before the Chitimacha Tribal Court;
(C) When service has been completed, the original Citation/Summons, along with a copy
of the Statement of Expenses, shall be filed with the Clerk of Court, as a Civil Complaint and
placed for hearing on the appropriate docket.
(D) All Court costs, fees and/or expenses shall be the responsibility of the party found in
violation of this Title.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011; Revised by Ordinance
#05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 603.
Applicable Fines.
Any person who fails to comply, resulting in a Citation/Summons being issued shall be
subject to the applicable fines as follows, in addition to fees, costs and/or expenses which were
incurred;
(A) First Offense
A minimum fine of not less than Twenty-Five Dollars ($25.00) up to a maximum fine of
One Hundred Twenty-Five Dollars ($125.00) shall be imposed.
(B) Second Offense
A minimum fine of not less than Fifty Dollars ($50.00) up to a maximum fine of One
Hundred Fifty Dollars ($150.00) shall be imposed.
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(C) Third Offense
A minimum fine of not less than Seventy-Five Dollars ($75.00) up to a maximum fine of
One Hundred Seventy-Five Dollars ($175.00) shall be imposed.
(D)
Fourth and Subsequent Offenses.
A fine not to exceed Two Hundred Dollars ($200.00) shall be imposed, and/or any additional
penalties which shall be deemed appropriate at the discretion of the Court.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #01-11; Adopted: January 13, 2011; Effective: January 13, 2011)
Sec. 604.
Failure To Appear.
Failure to appear at the date and time indicated without paying the statutory fine and costs
prior to the hearing date shall be deemed an admission to the infraction by the party, for which,
additional penalties and Court costs may be imposed.
If any section, paragraph, sentence, clause or part of this Title is declared unconstitutional
or in any way invalid, the remaining parts shall remain in full force and effect.
All ordinances or parts thereof in conflict herewith are hereby repealed.
(Added by Ordinance #12-93; Adopted: October 1, 1993; Effective: October 1, 1993; Revised by
Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
Sec. 605.
Recovery of Costs.
If the person responsible for the conditions described in the preceding Chapter does not
properly abate the prohibited condition of their property, is thereafter found in violation of this
Title, and the Chitimacha Tribe is required to remove any prohibited conditions under Section 501505 of this Title, the Chitimacha Tribe will send a bill documenting the costs incurred by the Tribe
in removing the prohibited condition and requiring payment of the costs within 60 days. If the
person responsible for the condition is a member and does not timely pay the outstanding cost, the
Chitimacha Tribe may garnish the member’s per capita payments to satisfy the debt.
(Added by Ordinance #05-22; Adopted: May 5, 2022; Effective: May 5, 2022)
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.