WHEREAS,

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WHEREAS,

Resolution # 23-02-10-O7-

VRAR MONTID DAY #sfotgixee

“Approval of the Habematolel Pomo of Upper Lake

Animals, Fish, and Fowl Ordinance on Tribal Lands

Habematolel Pomo of Upper Lake (“The Tribe”) was not lawfully

terminated pursuant to the provisions of the Act of August 18, 1958, P.L.

85-671, 72 Stat. 619, as amended by the Act of August 11, 1964, P.L. 88-

419, 78 Stat. 390 (“The Rancheria Act”), and is a federally recognized,

sovereign Native American Tribe as confirmed by the judgment in Upper

Lake Pomo Association, et al., vs. Cecil Andrus, et al., No. C-75-0181-

Sw; AND

distributees and their lineal dependent Members, now living, listed on the

partial summary judgment in the Upper Lake Pomo Association, et al., vs.

Cecil Andrus et al., No. C-75-0181 SW, entered May 15, 1979, are those

that comprise the General Membership of the Tribe (“The General

Membership (GM)”), and are legally entitled to receive services and work

within the formal organization of the Tribe; AND

the Habematolel Pomo of Upper Lake is a federally recognized gaming

Tribe by the U.S. Department of Interior, Bureau of Indian Affairs (BIA)

located in Lake County, California having 171 adult voting Tribal

Members; AND

the Habematolel Pomo of Upper Lake, is a sovereign Tribe, possessing

inherent powers of the Tribal self-government and self-determination;

AND

on May 12, 2004, the Tribe certified and adopted it’s Constitution with

the United States Department of Interior, Bureau of Indian Affairs (BIA),

Pacific Regional Office (PRO) through a Secretarial Election, AND

on October 15, 2019, the Tribe certified and adopted its amended

Constitution, through another Secretarial Election, which actions were

recognized by the United States Department of Interior, Bureau of Indian

Affairs, Pacific Regional office on November 5, 2019 (“Constitution”);

AND

espondence

WHEREAS,

Resolution No. 23-02-10 F

HPUL ANIMALS, FISH AND FOWL ORDINANCE ON TRIBAL LANDS.

as per the Tribe’s Constitution under Article [V — Governing Body Section

1, The Executive Council is the governing body of the Tribe and are

known as the Executive Council (EC). The Executive Council (EC)

consists of seven (7) Members elected at large from the eligible voters of

the Tribe; AND

the Habematolel Pomo of Upper Lake, Executive Council is empowered

by its Constitution to negotiate and conduct agreements with Federal,

State and Local government, which may effect the Tribe; AND

in the Tribe’s Constitution Article X — Powers Section 1. (A), it authorizes

the Tribe’s Executive Council to exercise its power to act in all matters

that concerns the general welfare of the Tribe, and to make decisions

consistent with this Constitution; AND

the Executive Council of the Tribe has the authority pursuant to Article X,

Section 1. (K) of the Tribe’s Constitution to manage, lease, contract and

otherwise deal with tribal assets and community resources, and to take

such actions as are necessary to carry into effect such authority; AND

in the Tribe’s Constitution Article X — Powers Section 1. (L) it authorizes

the Tribe’s Executive Council to charter, and regulate enterprises,

associations, and corporations formed by members of the Tribe for

business or charitable purposes and to authorize formation of corporations

under Federal Law for economic, charitable or public purpose;” AND

in the Tribe’s Constitution Article X — Powers Section 1. (P), it authorizes

the Tribe to exercise its power to adopt Resolutions, Ordinances, set

Codes, etc.; AND

there is a need to exercise reasonable control over the animal, fish and

fowl populations within Tribal Lands so that all persons residing within

Tribal lands, or visiting Tribal Lands, may do so without fear of harm

from or harassment by animals, fish or fowl; AND

the Executive Council deems it necessary to enact a Habematolel Pomo of

Upper Lake Animals, Fish and Fowl Ordinance. The purpose of said

ordinance establishes the specific measures that shall be utilized by the

Tribe in exercising such reasonable control over animal, fish, and fowl in

these geographic areas; AND

this Animals, Fish and Fowl Ordinance is replacing the Dog/Canine

Ordinance/Animal Control; AND

THEREFORE, BE IT RESOLVED the Tribe’s Executive Council approves to adopt

the Habematolel Pomo of Upper Lake Animals, Fish and Fowl Ordinance

on Tribal Lands; AND

2 of 3

Resolution No. 23-02-10-0F

HPUL ANIMALS, FISH AND FOWL ORDINANCE ON TRIBAL LANDS

BE IT FINALLY RESOLVED that Resolution No. 23-02-10-0F entitled

“APPROVAL OF THE HABEMATOLEL POMO OF UPPER LAKE

ANIMALS, FISH AND FOWL ORDINANCE ON TRIBAL LANDS,”

supersedes and replaces all prior Resolutions, or portions thereof, which

are in conflict with the provisions herein.

Oe AS As 2 eg Ge eo A a a sao ko A ee

CERTIFICATION

As a duly-elected official of the Habematolel Pomo of Upper Lake, I do hereby certify

that, at a meeting duly called, noticed and convened on the 10™ day of FEBRUARY,

2023, at which time a quorum of _ participated, the foregoing Resolution was duly

adopted by a vote of FOR, © AGAINST, _/ ABSTAINED, and said Resolution

has not been rescinded or amended in any form.

DATED SIGNED: February /), 2023

CAROL C. MUNOZ,

Executive Council (EC) Secretary

3 of 3

HABEMATOLEL POMO OF UPPER LAKE

TITLE 3. PUBLIC PEACE AND SAFETY

CHAPTER 3.1 ANIMALS, FISH AND FOWL

ORDINANCE

TABLE OF CONTENTS

ARTICEE? 1 STI TICES: sacisscosescccsusceptesvinonsscesooretesoseenssesiccossbandesvconnsestitesessureseisessnesciasecnessotessessssbestess 4

ARTICLE 2. PURPOSE........ccsssesessesesessssssssessescnesnsscarensssersnsarsrsnsacassressesarsesasaversnsetsnsucasansecacsnsacarens 4

ARTICEE 3 JURISDICTION 'esssssisicsscssccusseccstesescsttaccanctcea Neb ciueastsseatstitecsastiesateentacteabecctbedsbsouserts 4

ARTICEE 4: DERINITIONS: wccosssiesossssennincocesnsctsoosssocousuuscpscssisespnoonhasisadentstdecneyshsosdeasessaiensssansnsces 4

SECTION 4.1:.DEFINED TERMS sssciisesssstessssinssaiostsstcsestucstensdatsssuuavdsvcsbactcncsateecsocciaatesnsies 4

ARTICLE 5. ADMINISTRATION AND ENFORCEMENT.........cccccssssessssesessensssersesseseeneseseensses 8

SECTION 5.1. TRIBAL ENFORCEMENT & COOPERATION .....:c.ccsesescesseseeesesseneese 8

AR TICUE 6; ANIMAL CARE iin csccsesescecaconcsopcnscereceenssovesceseontascenssacnsetsuxeses asssagatorsaenegresssaynteeeaces 9

SECTION 6.1. GENERAL PROHIBITIONS .......::cescssssesssssesessssessessersssssarsenssussessnseessens 9

SECTION 6.2. STRAY ANIMALS, ANIMALS RUNNING AT LARGE, AND

ABANDONMENT cee scssiesssssecsusvasssopvossvosesosnsssbscisnsraseissegsotonestsninsesonsscvpusssodesahdessevéeceseosendy 10

SECTION 6.3. MANDITORY LEASHING..............ccssscssscssssssessensesssesssssesssscansesessnsneecees 10

SECTION 6.4. SPAYING/NEUTERING. ........ccccccssscsssscsssssssssssessessscsssssssssessessseassensncgeses 10

SECTION 6.5, DISTURBANCES, HARASSMENT, NUISANCE AND VICIOUS

PANIMIBES sessirsisscctsassesecesasscazs cagestecssis tosQaiantettssuest3sssisdn sv Gusnssssissci¥ee sveagnbastaidsteaeeaes Nuuatseeels 11

SECTION 6.6. TRANSPORTATION OF ANIMALS ......:ccssessssssessssesesseseseseesscsrensseseeoes 14

SECTION 6.7. LIMITATION ON NUMBER OF ANIMALS ALLOWED............::00+ 14

SECTION 6.8. CRUELTY TO ANIMALS 0.0... cscsesssssssssesssscenssescenssseesnssessssarenseessensees 15

SECTION 6.9. WILD AND PROHIBITED ANIMALS ........:ccccssscsesesseseseeseseseeesesteesees 15

ARTICLE 7. IMPOUNDMENT ...........cccccsssssssssssssessssssssscsrsnsscsnsnssssssesssssssasensssesssasensesssensesseensass 15

SECTION 7.1. SMALL ANIMAL POUND .........cccsssssssssssseesessescsrssssnssssssenenseenssseneneesses 15

SECTION 7.2. IMPOUNDING DUTIES ........:.sssscsessssssssesssssssenensessssscenesscasessesnsseareneesess 15

SECTION 7.3. NOTICE OF IMPOUNDMENT..........::ccccssssstsesesesesesterseserseseeesesrersneaters 16

SECTION 7.4. RECLAIMING IMPOUNDED ANIMALS .........-c:sssecsessseesesereeesereteneneers 16

SECTION 7.5. ABANDONMENT OF STRAY AND IMPOUNDED ANIMALG........ 17

SECTION 7.6. NOTICE OF SALE & SALE OF IMPOUNDED ANIMALS ...........0.. 17

SECTION 7.7. DISPOSITION OF UNREDEEMED OR INFECTED ANIMALBS......... 17

SECTION 7.8. PROCEEDS FROM SALE........sssssssssssesssssosssssseesnenscsvesoressasensessessssnseseees 18

ARTICLE 8. REGISTRATION OF DOGS, CATS AND KENNELS ......ccsscsessssessesessnsersesseeneess 18

SECTION 8.1. REQUIRED REGISTRATION AND EXPECTATIONS.........c0:s:sse0000+ 18

SECTION 8.2. REGISTRATION PROCESS AND FEES .......:.c:sscsesesesceeseerecseresserseeasee 18

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 2 of 25

SECTION 8.3. LICENSE TAGS AND IMPLANTS. ........c:ccsccsssesesssesssseesesessesesesteeseesnense 18

SECTION 8.4. KENNELS ........0.0:0+

ARTICLE 9. RABIES CONTROL ......cscsceessestseeesteee iclD

SECTION 9.1. RABID ANIMALS AT LARGE AY

SECTION 9.2. SUSPICION OF RABIES ....... well D

SECTION 9.3. QUARANTINE OF ANIMAL S.........cccccesessssssssseseeseeseseenssssesenseenesseeensces 19

SECTION 9.4. DISPOSITION OF RABID ANIMALS. .........ccccccsscsssssesessesestessseeessearenenes 20

SECTION 9.5. TRANSPORTATION OF ANIMALS TO OR FROM RABIES AREAS

Aioscdsuaseatensasiierdnisensetebssaiahabtonivesinscoanshseqebiqeat easton gesessacessetbersivaadseanesacbdssansdspotnasbedqas sSénanressect 20

ARTICLE 10. CITATION FOR VIOLATIONS OF THIS CHAPTER .........se:csssesessesseesesseeceneees 21

SECTION 10.1. VIOLATIONS NOT INVOLVING PHYSICAL HARM TO HUMANS

SECTION 10.2. VIOLATIONS INVOLVING PHYSICAL HARM TO HUMANS ......21

SECTION 10.3. REPEAT OFFENDERS, PROHIBITION OF OWNING ANIMALS..21

SECTION 10.4. APPEAL OF CITATIONS TO TRIBAL COURT, NO FURTHER

APPEAES,...csctivisssigstacescdacarsssaastszssnatoncssomssscesncenas cos sssssesa vqaceanas yesveebaagtanvansssiovecssccseasnisecs 21

ARTICLE 11. MISCELLANEOUS TERMS .i.cssicssssssssssssessssssesssscsssesasensisncensusdesnscsstessecsenssoaisoses 23

SECTION 11.1. LIBERAL CONSTRUCTION ........:ccccsssesecsssesesssesessesesseseersnseeessnserensess 23

SECTION 11.2. LIABILITY OF OWNERS AND PRIVATE CAUSES OF ACTION .23

ARTICLE 12; OTHER: PROVISIONS vi ssis ics. ssssdescsoscsassesoctscasovcessiecases cucesoestsoséesugesesossnsocbesscesbess 23

SECTION 12.1. SOVEREIGN IMMUNITY ..........ccsccssscssssssssssssessssssessssnsnsssssssesessesees 23

SECTION 12.2. AMENDMENTS .........csssssssessssssssssssesovsssnesssseessorsscsereseesseusersganesseensseeses 23

SECTION 12.3. SEVERABILITY........cccssssssssssessssssesssvsescessctererescasesseneesseseneasseeeesereenseee

SECTION 12.4. EFFECTIVE DATE....

TITLE {1 — FISH AND GAME REGULATIONS (RESERVED) ......ccssccesssesseesseeenssesteeseseessenres 24

TITLE Il - WILD ANIMALS (RESERVED) ........:sccsseesesessesesesessseressesseeseasessesessceeensnsseensnentens 24

CERTIFICATION ......ccccsccsessesesesesesscscssneseecsscstsessssessssenareneesucsessaressarsnsseseasarsseessnseseserensesaresaeeetess 25

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 3 of 25

ARTICLE 1. TITLE

This Chapter shall be titled the Habematolel Pomo of Upper Lake Animals, Fish and Fowl

Ordinance and may be cited as the HPUL Animals, Fish and Fowl Ordinance. This Chapter shall

be codified as Chapter 1 of Title 3 of the Habematolel Pomo of Upper Lake Book of Codes.

ARTICLE 2. PURPOSE

The purpose of this Chapter is to declare that there is a need to exercise reasonable control over

the animal populations within Tribal Lands so that all persons residing within Tribal lands,

visiting Tribal Lands, residing adjacent to Tribal Lands or visiting persons adjacent to Tribal

Lands may do so without fear of harm from or harassment by animals. This Chapter establishes

the specific measures that shall be utilized by the Tribe in exercising such reasonable control

over animals in these geographic areas.

ARTICLE 3. JURISDICTION

The Habematolel Pomo of Upper Lake Tribal Court shall have authority to adjudicate cases of

maintaining order and protecting the health, safety and welfare of all Persons on Tribal Lands

(defined below), as well as persons who are near Tribal Lands and may come into contact with

animals owned by persons residing on or visiting Tribal Lands. If no Tribal Court is in operation,

the Executive Council, or its express designee, shall act as the Tribal Court for all references

within this Chapter. It is further the intent of this Chapter to provide for reasonable and costeffective procedures for the enforcement of this Chapter.

ARTICLE 4. DEFINITIONS

SECTION 4.1. DEFINED TERMS

For purposes of this Chapter, the following terms shall have the meanings ascribed below:

(A) “Animal” Any vertebrate member of the animal kingdom, excluding humans. Unless

specifically stated in this Chapter, the word Animal as used herein shall include the

definitions of household pets and livestock, as well as every specific type of Animal

defined herein.

(B) “Assistance Dog” Any dog specially trained as guide dog, signal dog, or service dog,

and recognized as such under applicable law.

and not under Restraint of Leash and physical contro! by a responsible party.

(D) “Bite” Any actual puncture, tearing, blunt trauma or bruising of the skin caused by the

teeth of an Animal.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 4 of 25

(€)

(F)

(G)

(H)

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{K)

(L)

(M)

(N)

(0)

(P)

(Q)

“Cat” Means a domestic cat (Felis Catus).

“Chapter” shall mean this Chapter 3.1 Animals, Fish and Fowl Ordinance.

“Department” The Tribal Public Safety Department, including its personnel and any

other entity or persons acting under proper delegation of authority to enforce this Chapter

or acting under authority to enforce external animal control laws and procedures.

“Domestic Animal” Any cow, horse, mule, burro, sheep, goat, pig, or bird or any other

valuable animal or fowl commonly confined and maintained by man for domestic or

commercial purposes (excepting pets).

“Executive Council” shall mean the governing body of the Habematolel Pomo of Upper

Lake.

“Household Pet” Any Cat, dog, bird of the canary, parrot or psittacine family, and other

kindred animals and birds usually and ordinarily kept as household pets.

“Kennel” Any lot, building, structure, enclosure, or premises whereupon five (5) or more

dogs over the age of four (4) months are kept and/or maintained, regardless of their

housing arrangements.

“Lawful Fence” Any fence which is strong, substantial, and sufficient to prevent the

ingress or egress of the Animals it is meant to contain within its boundaries.

“Leash” Any rope, leather strap, chain, or other material not exceeding six (6) feet in

length, being held in the hand of any capable person, for the purpose of controlling the

animal.

“Livestock” Horses, cattle, pigs, sheep, goats, rabbits, fowl and any other Animals used

for agricultural purposes.

“Neglected” Animals that are not receiving food, water, shelter, medical care, exercise or

supervision at the level necessary for the welfare of the Animal.

“Nuisance Animal” An animal, about which the Department or similar external body

has had three (3) or more separate complaints within a six-month period where a verified

violation of this Chapter has occurred and the owner has received a Notice of Violation,

citation or similar notice for each of the said violations from any agency with jurisdiction

over such matters, yet failed to correct the nuisance.

“Owner” Any Person, firm, or corporation having interest in or having control, custody,

or possession of an animal, provided however, that any occupant of premises upon which

an animal is found shall be deemed prima facie the owner of said animal for the purposes

of this article unless said occupant either presents said animal to the Animal Control

Director for inspection or permits the Animal Control! Director to take custody of said

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 5 of 25

(R)

(S)

(T)

(U)

(Vv)

(W)

(X)

(Y)

(Z)

(AA)

(BB)

animal.

“Ordinance” This Animals, Fish and Fowl Ordinance.

“Person” Any individual, firm, partnership, corporation or unincorporated association.

“Premises of Owner” The premises of an Owner shail be defined as 100 feet from the

land or yard adjoining an identifiable house or other structure inhabited by an Owner.

“Proper Care” shall mean:

(1) The provision of food that is free of contamination and of sufficient quality and

nutritive value to meet the known normal daily requirements for the condition and

size of the animal.

(2) The provision of water receptacles which are kept clean and have fresh water

provided at all times.

(3) The removal of excrement from primary enclosures at least once a day, or as often as

necessary to prevent contamination of the animals contained therein and to reduce

disease hazards and odors.

(4) The maintenance of premises in a clean condition and in good repair in order to

protect the animals from injury.

“Quarantine” To detain or isolate an animal suspect of contagion or in context where

restricted movement for a specific and limited period of time is necessary to protect

public safety.

“Reservation” shall mean all lands within the exterior boundaries of the Habematolel

Pomo of Upper Lake Reservation located in Lake County, California and all lands owned

by the Tribe both fee and non-fee land and lands held in trust for individuals and all lands

considered “Indian lands” under federal, state or tribal law.

“Restraint” To securely tie, leash, or confine by a secure fence or enclosure, or leash

under the contro! of a person of suitable age to exercise sound judgment and ability to

control the animal.

“Stray Animal” An animal with no owner identification upon it. The Department has no

obligation to locate the owner(s) of stray animals and may immediately turn them over to

a pound or similar entity.

“Title” Title 3 Public Peace and Safety Chapter.

“Tribe/Tribal” The Habematolel Pomo of Upper Lake, a federally recognized Indian

tribe.

“Tribal Court” shall mean the Habematolel Tribal Court established pursuant to Tribal

ordinance. If a Tribal Court is not in operation, the Executive Council or their designee

shall operate as the Tribal Court.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 6 of 25

(CC)

(DD)

(EE)

(FF)

(GG)

(HH)

(Il)

)

(KK)

“Tribal Entity” Any entity, organization, or subdivision recognized by the Tribe.

“Tribal Employee” Any person acting in his or her official capacity as an employee of

any Tribal Entity.

“Tribal Lands” All land recognized by the Habematolel Pomo of Upper Lake to be

utilized by Tribal Members and descendants of the Tribe within the boundaries of the

“Old Upper Lake Rancheria,” as well as any land that is either owned by the Tribe or

held in trust, by the United States Government, for the benefit of the Tribe.

“Tribal Member” shall mean an enrolled member of the Habematolel Pomo of Upper

Lake.

“Unlicensed Animal” Any dog or cat for which a registration fee has not been paid for

the current year to the proper authorities, or to which a metal tag or other form of

identification and licensing has not been attached to the animal as required under this

Chapter.

“Vaccination” Protection provided against rabies by inoculation with anti-rabies

vaccine recognized and approved by a licensed veterinarian given in an amount sufficient

to provide immunity from rabies for a minimum of one (1) year.

“Vicious Animal” Any animal over the age of six (6) months which: (i) Unprovoked,

inflicts bites or other harm on a human or a domestic animal, whether on public or private

property within Tribal Lands; or (ii) Unprovoked, chases or approaches a person or

domestic animal upon the street, sidewalks, or any public or private property within

Tribal Lands in a menacing fashion or apparent attitude of attack; or (iii) is known of its

propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to

threaten the safety of humans or domestic animals on any public or private property

within Tribal Lands.

“Wild Animal” Any animal which is by its natural state wild and not considered a pet,

like a dog or cat. Also excluded are “Domestic Animals.”

“Working Animal” Any dog employed by a law enforcement agency during duty hours

or training, any specifically trained guide dog or service dog performing their specifically

trained tasks, any dog currently active in a search and rescue team for purposes of

training or rescue, specifically trained herding dogs or hunting dogs being used for their

specific purpose.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 7 of 25

ARTICLE 5. ADMINISTRATION AND ENFORCEMENT

SECTION 5.1. TRIBAL ENFORCEMENT & COOPERATION

(A) Administration and enforcement of this Chapter shall be the responsibility of the

Habematolel Pomo of Upper Lake Public Safety Department, which, as necessary to

carrying out its responsibilities under this Chapter shall have the authority to:

(1) Contract with, operate or cause to be operated animal shelters and/or pounds,

provided that any contract with a non-Tribal Person or Entity shall be reviewed and

approved by the Tribe’s Executive Council prior to execution.

(2) Contract with, select, train, hire and/or retain animal control officers and other

professionals to enforce the provisions of this Chapter, provided that any contract

with a non-Tribal Person or Entity shall be reviewed and approved by the Tribe’s

Executive Council prior to execution.

(3) Contract with, select, train, hire and/or retain animal control officers and other

professionals to investigate complaints of any alleged violation of this Chapter,

provided that any contract with a non-Tribal Person or Entity shall be reviewed and

approved by the Tribe’s Executive Counsel prior to execution.

(4) Subject to the terms stated herein, contract with, select, train, hire and/or retain

animal control officers and other professionals to issue citations for violations of this

Chapter, provided that any contract with a non-Tribal Person or Entity shall be

reviewed and approved by the Tribe’s Executive Counsel prior to execution.

(5) Subject to the terms stated herein, contract with, select, train, hire, and/or retain animal

control officers and other professionals to take, confine and ultimately dispose of

Animals found in violation of this Chapter, provided that any contract with a non-Tribal

Person or Entity shall be reviewed and approved by the Tribe’s Executive Counsel prior

to execution; and

(B) Right of Entry. In the administration and enforcement of the provisions of this Chapter,

the Department shall have authority to enter upon any premises within Tribal Lands upon

which any animal is kept or located for the purpose of picking up, seizing, or impounding

any animal found running at large, or staked, herded, or grazing thereon, contrary to the

provisions of this Chapter, or for the purpose of ascertaining whether such animal is

registered or licensed as provided in this Chapter, or for the purpose of inspecting the

premises to ascertain whether any law of the Tribe relating to the enforcement of this

Chapter, is being violated; provided, however, the right of entry shall be exercised only

during daylight hours, and no building within the curtilage of a home shall be entered

without the consent of the owner or tenant.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 8 of 25

with the Department in the performance of its official duties, nor shall any person fail or

refuse to exhibit the registration of any animal required to be licensed by this Chapter

when required to do so by the Department. Should a person fail or refuse to exhibit the

registration of any animal required to be licensed, the animal may be seized, and the

Owner shall be required to pay all fees and costs associated with redeeming the animal.

SECTION 5.2. DELEGATION OF AUTHORITY

As necessary to carry out its responsibilities under this Chapter, the Tribe’s Public Safety

Department may:

(1) With the approval of the Executive Council, delegate all or part of its

responsibilities under this Ordinance to competent agencies and officers of

federal, state, local or other tribal governments, or to private persons or

organizations; and

(2) With the approval of the Executive Council, negotiate contracts or agreements

with said agencies, officers, persons, and organizations, or their facilities, whether

within or outside Tribal Lands; and

(3) Engage Persons over the age of eighteen (18) years for the purpose of enforcing

animal control regulations.

SECTION 5.3. POLICY AND REGULATION DEVELOPMENT

The Tribe’s Public Safety Department may develop regulations and policies to implement the

terms of this Chapter. Any such regulations and policies shall require prior approval by

resolution of the Tribe’s Executive Council, and shall be consistent with this Chapter and the

Tribe’s Constitution. To the extent the Department has delegated any duties to any other person

or entity pursuant to, Section 5.2, and to the extent the Department is developing regulations and

policies that affect those duties that have been delegated, it shall consult with the delegee through

the development and implementation of such policies.

SECTION 5.4. EXTERNAL ANIMAL CONTROL LAWS

Persons subject to this Chapter may also be subject to applicable federal, state and municipal

laws, including penal codes, involving the treatment and care of animals, as well as enforcement

actions by various external (non-Tribal) authorities in other non-Tribal venues and courts of

competent jurisdiction, including by operation of agreements and memoranda of understanding

between the Tribe and such external authorities.

ARTICLE 6. ANIMAL CARE

SECTION 6.1. GENERAL PROHIBITIONS

(A) It shall be a violation of this Chapter, subject to the penalty stated below, for any person

to own, keep, possess or maintain an animal in such a manner as to constitute a nuisance.

An animal is a nuisance when it disturbs the rights of, threatens the safety of, or damages

any person, or interferes with the ordinary use and enjoyment of Tribal Lands. Nuisance

may occur by various acts, including but not limited to acts of aggression (even if they do

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 9 of 25

not result in bites or other physical harm but only cause emotional distress), barking,

howling, or making other noise with such frequency and in such a manner as to disturb

the peace of any Tribal Lands or land adjacent to the same.

(B) Nothing in this Chapter shall inhibit Department personnel from taking necessary actions

as provided in this Chapter when such Department personnel reasonably believe an

animal constitutes a nuisance as defined above, as well as when an animal or its owner is

otherwise not complying with this Chapter.

SECTION 6.2. STRAY ANIMALS, ANIMALS RUNNING AT LARGE, AND

ABANDONMENT

(A) No owner shall permit their animal, or livestock, to run at large on Tribal Lands.

(B) Any animal found running at large in violation of this Chapter shall be subject to

immediate seizure by the Department and the owner may be subject to applicable

penalties.

animals to the Lake County Animal Control Department for handling in accordance with

its governing procedures and laws.

(D) Any animal running at large that cannot be safely seized by the Department may be

destroyed if believed to pose a threat to public safety, including the safety of persons,

livestock, and other animals.

(E) It shall be unlawful for any Tribal Member to abandon any animal or livestock in any

location, whether on or off of Tribal Lands. It shall also be unlawful for any person to

abandon any animal or livestock on any Tribal Lands.

SECTION 6.3. MANDATORY LEASHING

(A) All animals shal! be physically restrained by a leash when not on the premises of the

owner.

(B) An animal may be unleashed on the premises of its owner only if: (1) the property is

enclosed by a fence or other enclosure of sufficient design, dimensions, and strength so as

to prevent the animal’s escape; or (2) the animal remains actively supervised by a person

of appropriate age and ability to control the anima! without interruption.

SECTION 6.4. SPAYING/NEUTERING

(A) Mandatory Spaying/Neutering: No Person shall own, harbor, or keep within the Tribal

Lands, a dog or cat over the age of four (4) months, which has not been spayed or

neutered unless the dog or cat is exempt from the provisions of this section pursuant to

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 10 of 25

subsection (B) of this section, below. Any person intentionally providing care, custody,

and control over a dog or cat for more than thirty (30) days shall be deemed the owner of

such dog or cat and shall comply with this subsection.

(B) Exceptions to Mandatory Spaying/Neutering: The following animals are exempt from

the provisions of subsection (A), above:

(1) Dogs employed by Law Enforcement Agencies or Public Safety Departments.

(2) Certified Search and Rescue Dogs.

(3) Certified Assistance Dogs: Guide, Signal, Service.

(4) Animals whose health prohibits such a procedure (Veterinarian verified).

(5) Dogs appropriately trained and used for herding/hunting (AC verified).

(6) Dogs or cats registered with AKC, UKC, or other recognized organizations.

(7) Dogs or cats boarded in a licensed kennel or business, for the purposes of training or

resale.

help control the population of unwanted dogs. Any dog licensed in Lake County and

owned by a permanent resident of Lake County, including Tribal Members living on

Tribal Land, is eligible to participate in this program. Under this program, owners may

receive a partial reimbursement, from the County, for the owner’s costs of a spay or

neuter surgery if that owner provides the Lake County Animal Control Director a

certificate of spay or neuter and a copy of the receipt showing related charges, within

thirty (30) days of the operation. The reimbursement amount is determined by the

County, and is currently one-half of the actual surgical fee up to $60.00.

SECTION 6.5. DISTURBANCES, HARASSMENT, NUISANCE AND VICIOUS

ANIMALS

(A) Unnecessary Noise & Noxious Odors. It is hereby declared to be a public nuisance and it

is therefore unlawful to keep, maintain, or permit on any lot or parcel of land any animal

or livestock which by any sound, cry, or noxious odors shall disturb the peace and

comfort of any person on, or adjacent to, Tribal Land, or interfere with any person in the

reasonable and comfortable enjoyment of life or property on, or adjacent to, Tribal Land.

(B) Female Animals in Heat. The owner of a female dog, cat, or any other non-livestock

animal in heat or when in season, shall cause such animal to be penned or enclosed in

such a manner as to preclude other animals from attacking such female animal or being

attracted to it.

or allow an animal to chase, run after or jump at vehicles, or bicycles lawfully using any

portion of Tribal Lands, including but not limited to streets or gathering places within the

Tribal Lands.

(D) Jumping and Barking at Pedestrians and Others. No person shall allow an animal that

frequently or habitually snarls or growls at or snaps or jumps upon or threatens persons to

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 11 of 25

enter upon any Tribal Lands beyond that person’s premises.

(E) Harassment of, and Attacks Upon, Livestock and Other Animals. No owner shall permit

their animal to chase, bite, injure, or harass any livestock or other domestic animal or

wild animal on, or adjacent to, Tribal Lands. It shall be the duty of the owner of such

animal upon notification of the fact by the owner of such livestock or other domestic

animal or by the Department, to keep such animal in proper enclosure.

(F) Injury and Killing of Animals and Livestock by Other Animals. If any animal shall kill or

injure any animals, wild animals, or livestock, the owner or keeper of such animal shall

be liable for all damages that may be sustained thereby, to be recovered by the party so

injured by any court having competent jurisdiction. It shall be unlawful to keep such

animal after it is known the animal has killed or injured animals, wild animals, or

livestock. It shall be the duty of any person owning or keeping any animals or domestic

animal, or wild animal to kill such animal in a humane and safe manner within forty-eight

hours after being notified of that fact by the owner of such livestock or domestic animal

or by the Department. If such owner or keeper of an animal shall fail or neglects to

comply with the requirements of this section, it shall be lawful for the Department to

impound or dispose of such animal.

(G) Directing and Provoking Animals. No person shall direct, cause, encourage, allow, or

otherwise aid or assist any animal to threaten, charge at, intimidate, bite, harass, menace,

or attack any person or animal, or engage in any activity otherwise prohibited by this

Chapter, on or adjacent to Tribal Lands. This prohibition does not apply to owners of

animals involved in lawful hunting activities.

(H) Vicious Dogs. The following provisions apply to Vicious Dogs, as that term is defined

above:

(1) Declaration of Vicious Dog. The Department shall identify and classify potentially

vicious dogs. The Department may find and declare a dog vicious if it has substantial

evidence to believe that the dog falls within the definition set forth above. Substantial

evidence may be based upon: (i) the written complaint of a person who is willing to

testify that he or she witnessed the dog acting in a manner that causes it to fall within

the definition of vicious dog; (ii) dog bite reports filed with the Department or any

other governmental agency; (iii) actions of the dog witnessed by the Department or

any other governmental agency; or (iv) Other relevant substantial evidence.

(2) Written Notice. Upon the Department's determination that substantial evidence exists

to believe that a dog is vicious, it may issue a written notice to the owner of the dog

addressed to the contact information listed in the Dog's registration records. The

notice shall contain the following: (i) the name and address of the owner of the dog;

(ii) a brief description of the dog; (iii) a brief statement of why the dog has been

found to be vicious dog; (iv) the requirements for restraint of the dog, as determined

by this Chapter; (v) that these requirements must be complied with within 48 hours;

(vi) the penalties for violation of the requirements for restraint imposed by this

Chapter, including a statement that, if the requirements are not timely met, the

Department will issue a citation and may impound and confiscate the Vicious Dog.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 12 of 25

(3) Requirement of Physical Restraint. No person shall keep, own or possess within

Tribal Lands any vicious dog unless muzzled and restrained by a substantial chain or

leash and under the physical restraint of a responsible person or confined in a proper

enclosure in such a way as to prevent it from biting any human being, livestock,

domestic animal, or game animal; nor permit such dog to run at large at any time.

(4) Registration, Identification, and Insurance of Vicious Dog. It is unlawful for an owner

to have a vicious dog on the Reservation without a certificate of registration issued

under this section. The Department shall issue a certificate of registration to the

owner of a vicious dog if the owner presents to the authority sufficient evidence of:

(i) A proper enclosure, which is a securely confined, locked pen,

kennel, or structure upon the premises of the owner of such dog.

Confinement shall be accomplished by means of a substantial

fence or similar enclosure, set back at least ten (10) feet from

property lines, sidewalks, and streets, and of sufficient strength and

height to prevent the dog from escaping therefrom, and shall be

locked and secured to prevent entry of young children and other

dogs. If the pen or structure has no bottom secured to the sides, the

sides must be embedded into the ground no less than one (1) foot.

The pen or enclosure shall be structurally sound and maintained in

good repair, and shall have a top, if necessary, to prevent a dog

from escaping and shall also provide protection from the elements

for the dog.

(ii) The posting of the premises with a clearly visible warning sign that

there is a vicious dog on the property. In addition, the owner shall

conspicuously display a sign with a warning symbo! that warns

children of the presence of a vicious dog; and

(iii) A surety bond issued by a surety insurer in a form acceptable to

the Department in the sum of at least $100,000.00 payable to any

person injured by the vicious dog; or

(iv) A policy of liability insurance such as homeowner’s insurance in

the amount of at least $100,000.00 insuring the owner for any

personal injuries inflicted by the vicious dog.

(5) Violation. Any dog that has previously been declared a vicious dog is in violation of

this ordinance if:

(i) The dog is not validly registered under this Chapter.

Gi) The owner does not secure and maintain liability insurance

coverage required under this Chapter.

(iii) | The dog is not maintained in the proper enclosure.

(iv) The dog is outside of the dwelling of the owner or outside of the

proper enclosure and not under the physical restraint of a

responsible person; or

(v) The dog threatens or attacks and inflicts harm on any person,

livestock, game, or domestic animal.

(6) Enforcement: Any owner who keeps his or her dog in violation of this subsection

will be subject to:

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 13 of 25

a Seizure and possible destruction of the dog by the Department.

(ii) Any fines and costs associated with the confiscation and

destruction of the dog; and

Gii) Personal liability for any injury caused by the dog.

SECTION 6.6. TRANSPORTATION OF ANIMALS

(A)No person shall transport or carry, on any public highway or public roadway within

Tribal Lands, any animal, or livestock in a motor vehicle unless that animal or livestock

is safely enclosed within the vehicle or protected by a cage, container, or other device

that will prevent the animal or livestock from being thrown from, or jumping from, the

motor vehicle.

(B) No person shal! leave an animal or any other animal in any unattended vehicle on Tribal

Lands without adequate ventilation or in such a manner as to subject the animal to

extreme temperatures which adversely affect the animal's health or welfare.

SECTION 6.7. LIMITATION ON NUMBER OF ANIMALS ALLOWED

(A) Dogs. Unless authorized by the Department pursuant to the provisions of this Chapter, no

more than four (4) dogs per residence on Tribal Lands are allowed. Any excess of the

number of dogs found may be seized and disposed of under this Chapter.

(B) Cats. Unless authorized by the Department pursuant to the provisions of this Chapter, no

more than four (4) cats per residence on Tribal Lands are allowed. Any excess of the

number of dogs found may be seized and disposed of under this Chapter.

shall be determined on a case by case basis in keeping with the spirit of this Chapter, and

taking into consideration they type(s) of pet(s), the space available at the residence, and

other factors to ensure no nuisance results. Persons having excessive numbers of other

types of household pets that as a result of such excessive numbers are causing violations

of this Chapter, may be subject to seizure of the violating animals or be required to take

actions to stop continuing violation of this Chapter.

(D) Livestock. The limitation on the number of livestock shall be determined on a case by

case basis in keeping with the spirit of this Chapter, and taking into consideration the

type(s) of livestock, the space available at the residence, and other factors to ensure no

nuisance results. Persons having excessive livestock that as a result of such excessive

numbers are causing violations of this Chapter, may be subject to seizure of the violating

livestock or be required to take actions to stop continuing violation of this Chapter.

(E) Variance. Owners that have animals in greater numbers than the numerical restrictions

under this section may apply to the Department for a variance. The Department shall

draft requirements for granting said variances. Variances under this section shall not be

granted for the purposes of operating a kennel as defined under this ordinance. Variances

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 14 of 25

shall only be granted for those dogs and cats that are household pets. Variances shall not

be determined to be associated with any form of property right and may be revoked at

any time. The Department has the sole discretion to grant or deny an application for a

variance. The Department's decision shall be final.

SECTION 6.8. CRUELTY TO ANIMALS

The Department shall have the power to intervene to prevent the perpetration of any act of

cruelty upon any animal by any Tribal Member and by any person on Tribal Lands, and may

seize the animal for its safety until conditions are again safe for the animal. It shall be unlawful

by acts or omissions to:

(A) Torture, torment, mutilate, cruelly beat, or kill, or seriously overwork an animal.

(B) Failure to provide necessary food, drink, air, light, space, shelter, or care for an animal in

one's custody.

(D) Transport or confine and animal in a cruel manner.

(E) Kill, injure, or administer poison to an animal without legal privilege to do so.

(F) Cause one animal to fight with another; or

(G) Other non-physical forms of cruelty whereby a reasonable person would consider the

actions to be cruel and inhumane to an animal.

SECTION 6.9. WILD AND PROHIBITED ANIMALS

No person without prior written authorization by the Department shall keep any wild animals in

live captivity or any animal that is prohibited from private ownership under applicable federal

laws. Any person found to have such animals shall surrender the animal and pay any costs

associated with the Department's handling of the anima! and returning it to the wild or other

proper authorities.

ARTICLE 7. IMPOUNDMENT

SECTION 7.1. SMALL ANIMAL POUND

Until such time as the Tribe may establish its own facility to house and handle impounded

animals, the Department shall contract with the Lake County Animal Control Department for the

performance of all pound-related duties, including housing, veterinary care, return, adoption and

euthanasia.

SECTION 7.2. IMPOUNDING DUTIES

(A)It shall be the duty of the Department to take up, seize, and impound any animal found

running at large in or upon any street or upon any unenclosed lot on Tribal Lands, or

found staked out, herded, or grazing upon any Tribal Lands in any manner contrary to the

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 15 of 25

provisions of this Chapter. Ifthe animals cannot be safely seized by the Department, the

Department shall notify the Lake County Animal Control Officer of the violating animal

and related details.

(B) The Department shall keep a record of each animal impounded, including the date such

animal was impounded and it shall coordinate with the proper authorities to maintain its

own independent documentation regarding the date and manner of its disposal, and the

name and address of the person who redeemed, reclaimed, or purchased the animal from

the animal pound, together with the amount of all fees received and collected therefore

and the number of any license or the date of any registration exhibited or issued in

connection therewith.

SECTION 7.3. NOTICE OF IMPOUNDMENT

If any animal taken up or impounded is licensed or registered, and if such tag and number shall

be upon the collar of such animal or implant, the Department shall give notice to the owner of

that Animal within 48 hours after the animal has been picked up as follows.

(A) This notice shall state that the animal has been picked up by the Department and

impounded, and that the animal will be disposed of as provided in this Chapter.

(B) The Department shall personally serve the notice to the owner, or by leaving the same

with any adult and competent person at the owner’s residence, as stated in the records of

the Tribe, or by posting the same in a conspicuous place at that address. All of which

shall constitute sufficient notice.

numbers listed in the Tribe’s records.

(D) No further notice shall be required if any one of the aforementioned methods are used.

Additional methods of notice may be used, but only to supplement and not instead of the

above-listed methods.

SECTION 7.4. RECLAIMING IMPOUNDED ANIMALS

The owner or person entitled to the custody of any animal picked up, seized, or impounded may,

at any time before the sale or disposal thereof, reclaim his or her animal by paying to the

Department the charges, fines, and fees, including registration fees, accruing up to the time of

such redemption. Such amounts must be paid to the Department before the owner may attempt to

reclaim the animal from the Lake County Animal Control pound.

Owners shall be required to pay any accrued charges and fees for the capturing, care, and

disposal of the anima! whether or not they have redeemed or abandoned the animal, including

through deductions from funds disbursed by the Tribe to Tribal Members.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 16 of 25

SECTION 7.5. ABANDONMENT OF STRAY AND IMPOUNDED ANIMALS

Any owner entitled to regain custody of an animal pursuant to the provisions of this Chapter,

who fails to redeem their animal within the time required for redemption under this Chapter,

shall have abandoned all legal rights and interests in the animal.

All impounded stray animals are deemed to have been abandoned.

SECTION 7.6. NOTICE OF SALE & SALE OF IMPOUNDED ANIMALS

(A) All impounded animals, except registered dogs, registered cats, rabbits, birds, and

poultry, may be promptly advertised for sale by the Department or its designee if not

redeemed within three days after being impounded. The Department shall post the

following notices of sale: (1) one at the public notice board at the Tribal Administration

Office; (2) one on the Tribe’s webpage, at a location determined by the Department for

such purposes but accessible by all Tribal Members; (3) one at the Lake County Animal

Control Pound.

The notice shall contain a general description of the animal to be sold, with its marks or

brands, if any, and shall note the date, hour, and place of sale.

(B) The Department may proceed to sell for an amount of money as stablished, from time to

time by motion of the Executive Council, those impounded animals advertised for sale by

the Department. The Department shall execute to the purchaser thereof a bill of sale, and

thereupon the title of such animal shall immediately vest.

the animal or is unable to sell within a reasonable time frame it may dispose of the animal

as appropriate.

SECTION 7.7. DISPOSITION OF UNREDEEMED OR INFECTED ANIMALS

(A) The Department shall sell, offer for adoption, or order the destruction of, any registered

dog, registered cat, rabbit, bird, or poultry which is unredeemed within five (5) business

days after the notice of impoundment has been given to the owner or possessor of any

such registered or licensed animal in the manner specified above. Any person who buys

or adopts any such animal shall pay the Department the reasonable value thereof, together

with the accrued pound fees and the required registration fee thereof. No dog, cat, rabbit,

bird, or poultry shall be retained in the animal pound longer than one week, except when

under quarantine or upon the written approval of the Department.

(B) It shall be the duty of the Department to issue and sign a death warrant for, and to order

the destruction of, any animal lawfully taken into the custody of the Department which is,

in the opinion of the Department: (1) by reason of old age, unfit for use; or (2) which is

infected with any dangerous or communicable disease, or in any incurably crippled

condition or painful disease.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 17 of 25

SECTION 7.8. PROCEEDS FROM SALE

Upon the sale of any animal, the balance of the proceeds remaining after the payment of the

accrued fees, charges, and demands shall be paid into the Tribe’s treasury.

ARTICLE 8. REGISTRATION OF DOGS, CATS, AND KENNELS

SECTION 8.1. REQUIRED REGISTRATION AND EXPECTATIONS

(A) It shall be unlawful for any owner or person having the custody and control of any dog or

cat over the age of four months to keep or possess such dog or cat within Tribal Lands

unless such animal has been duly vaccinated for rabies, licensed, and registered with the

Lake County Animal Control department, in accordance with the provisions of this

Chapter and any requirements established by that authority.

(B) The registration and other requirements stated immediately above shall not apply to:

(1) Any dog or cat owned by or in the custody or control of a non-resident of Tribal

Lands who is visiting or temporarily residing within Tribal Lands for a period not

exceeding 30 days; or

(2) Any dog or cat having an unexpired rabies vaccination certificate and an unexpired

license or registration certificate issued by another tribe, city, or county in the state,

and for a period of 30 days after the expiration of such certificates or until the

expiration of the then current dog registration period, whichever first occurs.

SECTION 8.2. REGISTRATION PROCESS AND FEES

Owners of dogs or cats on Tribal Lands must, unless exempted, register their animals with Lake

County Animal Control by timely complying with all requirements established by that entity.

This includes, but is not limited to:

(A) The submission of related application materials.

(B) The payment of any related registration fees, as established by that entity; and

SECTION 8.3. LICENSE TAGS AND IMPLANTS

(A) Dog and cat license tags or implants. Lake County Animal Control will issue, with each

registration, a license tag or implant bearing the identification number and the date of

expiration. The owner of that animal shall securely fix that tag to a collar, harness, or

other device to be worn at all times by the animal for which the registration is issued.

(B) Duplicate license lags. Whenever a license tag, as provided for in this section, issued for

the current year, has been lost, taken, or stolen by party unknown to the owner or persons

having control of the animal for which the same was issued, such owner or person having

control of such animal must seek duplicate license tag for the remaining portion of the

year for which the original license was issued.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 18 of 25

any animal any collar, harness, or other device to which is attached a license tag for the

current year or to remove such tag therefrom.

(D) Any person who resides on Tribal Lands and requires assistance with this process due to

limited transportation or other factors may contact the Tribal Administration to

coordinate reasonable assistance.

SECTION 8.4. KENNELS

Any person wishing to operate a Kennel on Tribal Lands must comply with all requirements

established by Lake County Animal Control, including but not limited to annual registration,

inspections, etc.

ARTICLE 9. RABIES CONTROL

SECTION 9.1. RABID ANIMALS AT LARGE

It is unlawful for any person owning, having an interest in, boarding, or having the care, charge

control custody or possession of any animal knowing that such animal has rabies to allow or

permit such animal to roam at large on Tribal Lands.

SECTION 9.2. SUSPICION OF RABIES

(A) Whenever the owner or person having the custody or possession of any animal shall

observe or learn that such animal has shown symptoms of rabies, or has acted ina

manner which would lead a reasonable person to suspect that it might have rabies, such

owner or person having the custody or possession of such animal shall immediately

notify the Department and shal! permit the Department to make an inspection or

examination of such animal and to quarantine such animal until it shall be established to

the satisfaction of the Department that such animal does or does not have rabies. It shall

be unlawful for any person to kill an animal infected with rabies or an animal suspected

of having rabies without prior authorization by the Department.

(B) Whenever it shall appear to the Department that there is reason to believe that any animal

has rabies, or has been exposed to rabies, the Department shall make an inspection and

examination of such animal and shal] quarantine such animal until it shall be established

to the satisfaction of the Department that such animal does or does not have rabies.

SECTION 9.3. QUARANTINE OF ANIMALS

(A) Whenever it is shown that any animal has bitten any person, the owner or person having

custody or possession thereof shall isolate the animal.

(B) Animals that have bitten a human shall be confined in a manner that will allow

observation of the animal for the duration of the isolation period.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 19 of 25

judgment of the Department, adequate facilities are provided to ensure adequate

confinement and when the owner exhibits a responsible attitude that will ensure

confinement during the isolation period. A securely fenced yard or caged area are

considered adequate for home confinement.

(D) When, in the judgment of the Department, adequate facilities for confinement may not

exist or the owner may be unable or unwilling to properly supervise confinement of the

animal, confinement shall occur at a veterinary hospital or a dog kennel, or other

adequate location for confinement at the expense of the owner. The owner shall pay any

expenses of quarantine prior to the confinement of the animal. If the owner refuses to pay

the quarantine expenses, the Department is authorized to euthanize the biting animal for

the purpose of laboratory examination for rabies.

(E) In cases where the owner does not desire to quarantine the biting animal, the owner may

authorize euthanasia of the biting animal for the purpose of laboratory examination for

rabies.

(F) Unvaccinated animals subject to rabies, which have been bitten or have been in intimate

contact with a known or suspected rabid animal, shall be quarantined for a period

determined by the Department, or destroyed. Animals quarantined pursuant to this

section shall be quarantined to prevent escape or contact with other animal species.

(G) Whenever any animal shall be bitten by another animal having rabies, the owner or

person having custody or possession of the animal so bitten shall, upon being informed

thereof, quarantine it and keep it confined for a period to be determined by the

Department, and the Department shall have power, in, its discretion, to kill or quarantine

any animal so bitten in the event the owner or person having custody or possession

thereof shall fail to do so immediately or in the event the owner or person having custody

or possession thereof is not readily accessible.

SECTION 9.4. DISPOSITION OF RABID ANIMALS

If it appears to the Department or other qualified official, upon examination, that an animal has

rabies, the Department shall euthanize or otherwise kill the animal as quickly and as humanely as

possible.

SECTION 9.5. TRANSPORTATION OF ANIMALS TO OR FROM RABIES AREAS

(A)No person shall take an animal or permit or encourage an animal to go from a city or

town in which rabies exists or has existed within six months previously, or from any

place in the country within five miles of which rabies exists or has existed within six

months previously, to any county in which rabies does not exist or has not been known to

be present within six months.

(B) No person shall bring an animal into Tribal Lands from a county in which rabies is

present or has been known to be present within six months.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 20 of 25

ARTICLE 10. CITATION FOR VIOLATIONS OF THIS CHAPTER

Citations will be issued by the Department (under authority of the Executive Council) to any

owners of animals found to be violating this Chapter. Citations will not be issued for stray

animals because ownership of the animal is not able to be identified.

SECTION 10.1. VIOLATIONS NOT INVOLVING PHYSICAL HARM TO HUMANS

If the animal is not a stray the following enforcement procedures shall apply:

(A)First violation of any provision of this Ordinance: If the animal is not in violation of other

sections of this Ordinance the Owner shall be subject to the applicable fines, penalties,

plus any assessed shelter and redemption fees and costs.

(B) Second violation of any provision of this Ordinance: The Owner shall! be subject to the

applicable fines, penalties plus any assessed shelter and redemption fees and costs.

applicable fines, penalties plus any assessed shelter and redemption fees. The animal

shall be deemed a repeat offender as of the third violation of any provision of this

Chapter.

(D) Fourth violation of any provision of this Ordinance: Upon the fourth violation of this

Ordinance the Owner shall as a matter of law is determined to be incapable of

maintaining the privilege to own an animal! within the Tribal Lands. The offending

animal shall be seized and disposed of through adoption or destruction. The Owner shall

be subject to applicable fines, penalties plus any assessed shelter and disposal fees and

costs.

SECTION 10.2. VIOLATIONS INVOLVING PHYSICAL HARM TO HUMANS

If an animal causes physical harm to a human by an unprovoked attack, the animal shall be

seized by the Department and destroyed.

SECTION 10.3. REPEAT OFFENDERS, PROHIBITION OF OWNING ANIMALS

If the Department has issued more than four citations to an Owner for violations of this

Ordinance, the Department may determine the Owner incapable of having the privilege of

owning animals within the Tribal Lands. An Owner shall be prohibited from having animals.

Any animals found to be in the possession of the Owner shall be seized and disposed of through

adoption or destruction. The owner shall bear all costs associated with such removal.

SECTION 10.4. APPEAL OF CITATIONS TO TRIBAL COURT, NO FURTHER

APPEALS

Any person receiving a citation may either pay the fine and obey the citation or they

may appeal the citation to the Tribal Court. In the absence of a sitting Tribal Court, an appeal

may be submitted to the Executive Council.

(A) Timing. Any appeal must be filed within the time period for redemption of an animal.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 21 of 25

Any appeals received after the time period for redemption shall be dismissed as moot and

any and all appeal rights are terminated after the time for redemption has lapsed.

(B) Contents of Appeal: The appeal shall be in writing and in the form of a memorandum

addressed to Tribal Court listing the citation and the specific evidence of why the citation

was not proper. The Tribal Court shall review the memorandum and determine whether

or not substantial evidence exists to support the citation in light of the evidence presented

in the memorandum. The Tribal Court may request further information from the Owner

or Department if necessary. A written decision shall be issued to the owner within a

reasonable time of receipt of the appeal.

during the administrative appeal of a citation, unless in the Department’s sole discretion it

determines that the safety of the animal or the protection of the public so requires

impoundment. The Owner of an animal shall pay all necessary redemption costs and fees

in order to obtain release of the animal. Any redemption costs and fees may be returned

to the Owner if the Tribal Court determines that the citation was not supported by

substantial evidence. The Owner shall not be entitled to any other form of compensation

or damages except a refund of all or a portion of redemption fees.

(D) Abandonment: An owner refusing to pay redemption fees or refusing to pay any fees to

keep the animal shall as a matter of law have abandoned the animal. All appeals shall be

dismissed if an owner abandons the animal. Any Owner abandoning his or her animal

shall be responsible for all costs associated with the impoundment and disposal of the

animal, including by payment through the withholding of Tribal fund disbursements.

(E) Animals Not Redeemable: For those animals that the Department deems unredeemable as

a result of a violation of this Ordinance this section applies. No dog may be destroyed or

otherwise disposed of if the owner of the animal has sought an appeal of the Department's

determination, until the appeal has been completed. The Owner of the animal shall be

liable for the cost of the care and feeding of the animal pending the outcome of judicial

review and shall deposit monthly in advance the cost of such care and feeding as

determined by the Department. Failure to make such a deposit shall result in an

abandonment of said animal, after giving to the Owner of the animal five days written

notice of their failing to make the required deposit in advance. In the event Tribal Court

review is favorable to the Owner, all or a portion of the amounts paid for the care and

feeding of the animal pending the review may be refunded.

(F) The decision of the Tribal Court is final, and there are no further appeals.

(G)No Jurisdiction for Abandoned Animals. The Tribal Court shall have no jurisdiction to

hear appeals from Department decisions when the anima! has been deemed abandoned as

described in this Chapter. Any appeal shall be dismissed by the Tribal Court.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 22 of 25

ARTICLE 11. MISCELLANEOUS TERMS

SECTION 11.1. LIBERAL CONSTRUCTION

This Chapter shall be liberally construed in favor of any Person or Entity seeking to enforce any

of its terms in order to give full effect of the objects and purposes for which it was enacted.

SECTION 11.2. LIABILITY OF OWNERS AND PRIVATE CAUSES OF ACTION

Every person owning or keeping an animal within the boundaries of the Tribal Lands shall be

liable for damages for any injury or damages committed by such animal, whether or not such

injury or damages occur on Tribal Lands. Any Person or Tribal Entity may file a civil complaint

against such an owner in any court of competent jurisdiction for compensation for damages

caused by such animals. This section does not authorize any cause(s) of action to be brought

against the Habematolel Pomo of Upper Lake Tribe, its Executive Council or any Tribal

Employee acting in his or her official capacity.

ARTICLE 12. OTHER PROVISIONS

SECTION 12.1. SOVEREIGN IMMUNITY

Nothing in the provisions of this Chapter constitutes consent by the Habematolel Pomo of

Upper Lake or its sub-organizations to be sued in any court. Neither this Chapter nor any

action (or inaction) taken by the Habematolel Pomo of Upper Lake or its sub-organizations

pursuant to this Chapter represents a waiver of the Tribe’s sovereign immunity for any

purpose.

SECTION 12.2. AMENDMENTS

This Chapter, or any section herein, may be amended by a majority vote of the Executive

Council.

SECTION 12.3. SEVERABILITY

If any part of this Chapter is found void and without legal effect, the remainder of the Chapter

shall continue to remain in full force and effect, as though such part had not been contained

therein.

SECTION 12.4. EFFECTIVE DATE

This Chapter shall take effect on the date it is approved by the Executive Council.

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 23 of 25

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 24 of 25

CERTIFICATION

As a duly-elected official of the Habematolel Pomo of Upper Lake, I do hereby certify that, at a

meeting duly called, noticed, and convened on the 10th day of February, 2023, at which time a

quorum of = was present, this Chapter 3.1 Animals, Fish and Fowl Ordinance was duly

rescinded or amended in any form.

DATED SIGNED: February/( , 2023

CAROL C. MUNOZ, v

Executive Council (EC) Secretary

Title 3 Chapter 3.1 Effective Date: February 10, 2023 Page 25 of 25

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.