HOOPA VALLEY INDIAN RESERATION

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ANIMAL CONTROL ORDINANCE

TITLE 68

I. Purpose and Declaration of Policy

The Hoopa Valley Tribal Council declares that there is a lack of control over the animal

populations within the Hoopa Valley Indian Reservation and this lack of control directly

affects the Hoopa Valley Tribe's authority and responsibility to protect persons and

property within the Hoopa Valley Indian Reservation. Additionally, the Hoopa Valley

Tribal Council declares that it is a privilege for persons to keep and maintain animals

within the exterior boundaries of the Hoopa Valley Indian Reservation, and that privilege

is subject to the requirements of this Ordinance.

The Hoopa Valley Tribe's Animal Control Ordinance is a necessary step to protect the

public and the Hoopa Valley Tribe's natural resources from unregulated animal

populations within the Hoopa Valley Indian Reservation. The Ordinance will provide for

the control of animals and livestock so as to protect the health, safety, and welfare of

persons who reside or arc temporarily visiting within the exterior boundaries of the

Hoopa Valley Indian Reservation. The Ordinance shall hold those persons accountable

for their actions that violate this ordinance in order to ensure the safety of the public, the

safety of authorized animal populations, and the protection of the Tribe's resources.

II. Authority

Article IX, Subsection (I) of the Constitution of the Hoopa Valley Tribe empowers the

Hoopa Valley Tribal Council to safeguard and promote the peace, safety, morals and

general welfare of the Hoopa Valley Indians by regulating the conduct of trade and the

use and disposition of property upon the reservation. It is the intent of this Ordinance to

maintain order and protect the health, safety, and welfare of all persons within the

exterior boundaries of the Hoopa Valley Indian Reservation and to provide for reasonable

and cost effective procedures for the enforcement of this Ordinance.

III. .J urisdiction and Application

The application and jurisdiction of this Ordinance shall be consistent with Title 1, Section

1.1.04 of the Hoopa Valley Tribal Code rcgarding jurisdiction of the Judiciary. As of the

date of the adoption of this Ordinance, any person found to be in violation of regulations

described herein shall be subject to the full extent of the law as defined. Any actions that

Approved 12-11-2006

began prior to the adoption of the Ordinance that arc deemed illegal after such enactment

will be required to conform to this law.

IV. Libeml Construction

This Ordinance shall be liberally construed in favor of the Hoopa Valley Tribal Council

in order to give full effect to the objectives and purposes for which it was enacted.

V. Severability

If any provision of this Ordinance, or its application to any person, legal entity or

circumstance is held invalid, the remainder of the Ordinance, or the application of the

provision to other persons, legal entities, or circumstances, shall not be affected.

VI. Definitions

If a term is not defined in this section, it shall be given its ordinary meaning, unless

otherwise defined in this Ordinance. Terms used in this Ordinance shall have the

following meaning, except where the context clearly indicates or requires a different

meamng.

1. ANIMAL. Any vertebrate members of the animal kingdom excluding humans.

Unless specifically stated in this Ordinance, the word "animal" as used in this

Ordinance shall include the definitions of household pets and livestock.

2. BITE. Any actual puncture, tearing, blunt trauma, or severe bruising of the skin

inflicted by the teeth of an animal.

3. CONFINEMENT. Keeping an animal indoors or in an enclosure which prevents the

animal's escape or contact with other animals.

4. CRUELTY. Any physical injury inflicted by other than accidental means that causes

or creates a substantial risk of death, disability, disfigurement, impairment of bodily

functions or other acts which are generally accepted by a reasonable person to be

cruel or inhumane.

5. DANGEROUS ANIMAL. Any animal which, without provocation, bites or attacks,

or attempts to bite or attack a person more than once.

6. DEPARTMENT. The Hoopa Valley Tribal Police Department or any other Tribal

department or entity delegated by the Tribal Council.

7. ENCLOSED LOT. A parcel of land or a portion thereof in private ownership around

the perimeter of which a wall or fence has been erected.

Approved 12-11-2006

8. HOOPA VALLEY INDIAN RESERVATION. The reservation shall extend to all

lands within the exterior boundaries of the Hoopa Valley Indian Reservation as

established by Executive Order of June 23, 1876, and to such other lands as have

been or may hereafter be acquired by Or for the Hoopa Valley Indians.

9. HOUSEHOLD PETS. Includes cats, dogs, canaries, birds, of the parrot or psittacinae

family, and other kindred animals and birds usually and ordinarily kept as household

pets.

10. KENNEL. An approved lot, building, structure, enclosure, or premises wherein or

whereon dogs or other animals kept for a specific and narrow purpose not as

household pets in numbers above the legal limit specified in this ordinance.

11. LIVESTOCK. Horses, cattle, pigs, sheep, goats, rabbits, and/or fowl or any other

animals used for agricultural purposes.

12. NEGLECTED. Animals that are not receiving food, water, shelter, medical care,

exercise, or supervision needed for the welfare of the animal.

13. OWNER. A person, association, partnership, firm, corporation, organization. or

department who owns, harbors, or keeps, or knowingly permits an animal to be

harbored or kept or has an animal in his/her care, or who permits an animal to remain

on or about his/her premises. For the purposes of this Ordinance the Hoopa Valley

Tribe shall not be deemed to be an owner.

14. PREMISES OF OWNER: The premises of an owner shall be defined as 100 feet

from the land or yard adjoining an identifiable house or other structure regularly used

by an owner.

15. QUARANTINE. To detain or isolate an animal suspect of contagion.

16. RESTRAINT. Securely tied, leashed, or confined by a secure fence or enclosure or

leashed under the control of a person of suitable age and reasonable ability to control

the animal.

17. RUNNING AT LARGE. Any animal found within the boundaries of the Hoopa

Valley Indian Reservation on public property or on the property of persons other than

the person owning or keeping the animal unless the animal is accompanied by some

person exercising control thereof through the use of a leash or chain not more than six

(6) feet in length; generally an animal free of physical restraint beyond the boundaries

of the premises of the owner. Animals running at large in open fields are presumed to

not be within the premises of the owner, whether or not an owner holds the property.

The animal control officer has no obligation to identify land ownership where animals

running at large are seized.

ApproVl:d 12-11-2006

18. STRAY ANIMAL. An animal with no owner identification upon it. Animal Control

Officers do not have any obligation to locate the owners of stray animals.

19. UNLICENSED ANIMAL. Any dog or cat for which a registration fee has not been

paid for the current year or to which a metal tag or other form of identification and

licensing has not been attached to the animal as required under this Ordinance.

20. 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.

21. VICIOUS ANIMAL. Any animal over the age of six (6) months which:

a. Unprovoked, inflicts bites or other harm on a human or a domestic animal,

either on public or private property; or

b. Unprovoked, chases or approaches a person or domestic animal upon the

street, sidewalks, or any public or private property in a menacing fashion or

apparent attitude of attack; or

c. It 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.

22. WILD ANIMAL. Any animal, whether or not bred or reared in captivity, which is

now or historically has been found in the wild, or in the wild state, within the

boundaries of the United States, its territories, or possessions. Generally an animal

that, as a matter of common knowledge, is naturally untamable, unpredictable,

dangerous, or mischievous. This term includes, but is not limited to, animals such as:

bear, coyote, deer, fox, mink, opossum, raccoon, skunk, squirrel, wolf, wild birds.

VII. Administration and Enforcement

1. Tribal Law Enforcement. Administration and enforcement of this ordinance shall be

the responsibility of the Hoopa Valley Tribal Police Department, which, as necessary

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

a. Contract with, operate or cause to be operated animal shelters and/or pounds;

b. Contract with, select, train, hire or retain animal control officers to enforce the

provisions of this ordinance;

c. Investigate complaints of animal delinquency within the Tribe's jurisdiction;

d. Issue citations for violations of this ordinance; and

e. Subject to the limits imposed by this ordinance, whether explicit or implied,

take, confine, and dispose of animals found in violations of this ordinance.

Approved 12-11-2006

2. Delegation of AuthoriJ.y. As necessary to carry out its responsibilities under this

ordinance, the Department may:

With the approval of the Tribal Council, delegate all or part of its

responsibilities under this Ordinance to competent agencies and officers of

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

organizations; or

b. With the approval of the Tribal Council, negotiate contracts or agreements

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

whether within or outside the exterior boundaries of the Hoopa Valley Indian

Reservation;

c. Deputize persons over the age of eighteen (18) years for the purpose of

enforcing animal control regulations.

3. Development of Policies and Regulations. The Department may develop regulations

and policies to further the implementation of this Ordinance. Any rules and

regulations shall require prior approval by resolution of the Hoopa Valley Tribal

Council. Such regulations and policies shall not be inconsistent with this Ordinance.

VIII. General Prohibitions

1. General Prohibition. It shall be unlawful for any person to own, keep possess or

maintain an animal in such manner as to constitute a nuisance. The actions of an

animal constitute a nuisance when an animal disturbs the rights of, threatens the

safety of, or damages a member of the general public; or interferes with the ordinary

use and enjoyment of private or public property. Nothing in this Ordinance shall

prohibit an enforcement officer from taking necessary actions as provided in this

ordinance when he/she reasonably believes an animal constitutes a nuisance as

provided in this section but not specifically identified in this Ordinance. By way of

example and not of limitation, the following acts or omissions specified in this

Ordinance are hereby declared a nuisance and therefore unlawful.

2. Animals Running At Large.

a. No owner shall permit their animal, or livestock, to run at large on the Hoopa

Valley Indian Reservation.

b. Any animal found running at large in violation of this Ordinance shall be subject

to immediate seizure and the owner may be subject to applicable penalties and

fines.

c. All stray animals shall be seized and disposed of through adoption or the

destruction of such animals by the Hoopa Valley Tribal Police.

Approved 12-11-2006

d. Any animal running at large that cannot be safely seized by the Department may

be destroyed.

3. Mandatorv Leashing. All animals shall be physically restrained by a means of a leash

not less than six feet in length when not on the premises of the owner. An animal

may be unleashed on the premises of its owner only if the property is enclosed by a

seeure fence of sufficient strength and dimensions to prevent the animals escape, or

supervised by a person of suitable age and reasonable ability to control the animal.

4. Disturbances and Harassment

Unnecessary noise, noxious odors. It is hereby declared to be a nuisance and it

shall be 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 neighborhood or interfere with any person in the

reasonable and comfortable enjoyment of life or property.

b. Estrus-females in heat. The owner of a female dog, cat, or 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.

c. Chasing vehicles, pedestrians, or bicycles. No person shall permit, suffer, or

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

public streets, avenues, alleys, ways, or public places within the Hoopa Valley

Indian Reservation.

d. Jumping and barking at pedestrians. No persons shall allow an animal that

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

persons lawfully upon the public sidewalks, streets, alleys, or public places within

the Hoopa Valley Indian Reservation.

5. Harassing or Attacks on Livestock and Domestic Animals. No owner shall permit

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

wild animal on the Hoopa Valley Indian Reservation. 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.

6. Animal Killing or Injuring Animals or Livestock. 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

livestock which shall be found killing or committing injury upon any livestock,

Approved 12-11-2006

domestic animal, or wild animal to kill such animal 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 neglect to comply with

the requirements of this section, it shall be lawful for the Department to impound or

dispose of such animal.

7, Directing 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 within the Hoopa Valley Indian Reservation. This section does

not apply to owners of animals involved in lawful hunting activities.

8. Animals in Vehicles.

a. No person shall transport or carry, on any public highway or public roadway, 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 shall leave an animal or any other animal in any unattended vehicle

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.

9. Diseased Animals. No person shall keep or sell any animal which is actually known

or reasonably believed to be infected with any communicable disease, or which is

afflicted with any painful diseased believed by him/her to be incurable, without a

permit to do so from the Department. II shall be unlawful to sell an animal that the

seller knows, or reasonable should know is diseased.

10. Abandonment. II shall be unlawful for any owner to abandon any animal or animals

within the exterior boundaries of the Hoopa Valley Indian Reservation.

11. Limitation on Number of Animals Allowed.

a. Dogs. Unless authorized by the Department pursuant to Section VIII II(e) of this

Ordinance, no more than four (4) dogs per residence are allowed. Any excess of

the number of dogs found may be seized and disposed of under this Ordinance

b. Cats. Unless authorized by the Department pursuant to Section VIII ll(e) of this

Ordinance, no more than four (4) cats per residence are allowed. Any excess of

the number of cats found may be seized and disposed of under this ordinance

c. Other Household Pets. The limitation on the number of other forms of household

pets shall be determined on a case by case basis. Persons having excessive

numbers of other types of household pets that as a result of such excessive

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

violating animals or be required to take actions to stop continuing violation of this

Ordinance

Approved 12-1] -2006

d. Livestock. The limitation on the number of livestock shall be determined on a

case by case basis. Persons having excessive numbers of livestock that as a result

of such excessive numbers are causing violations of this Ordinance may be

subject to seizure of all the violating animals or be required to take action as

required by the enforcement authority to stop continuing violations of the

Ordinance.

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 operating a kennel as defined

under this ordinance. Variances shall only granted for those dogs and cats that are

household pets. Variances shall not be determined to be associated with any form

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.

12. Cruelty to animals. The Department shall have the power to intervene to prevent the

perpetration of any act of cruelty upon any animal 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, or

c. Abandon an animal in one's custody, or

d. Transport or confine and animal in a cruel manner, or

e. Kill, injure, or administer poison to an animal without legal privilege to do so; or

Cause one animal to fight with another.

g. Other non-physical forms of cruelty whereby a reasonable person would consider

the actions to be cruel and inhumane to an animal.

13. Prohibition of keeping wild animals or other animals prohibited under applicable

federal law. 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 the animal and returning it to the wild or other proper authorities.

Approved 12-11-2006

IX.

Impoundment

1. Small Animal Pound Authorized. A small animal pound is hereby authorized to be

established by the Hoopa Valley Tribal Council within the exterior boundaries of the

Hoopa Valley Indian Reservation. It shall be located at some convenient place to be

fixed by the Hoopa Valley Tribal Council. The small animal pound shall remain

under the charge and control of the Animal Control Officer. The Animal Control

Officer shall cause all animals to be impounded to be provided with sufficient food

and water and shall keep the animal shelter clean and sanitary at all times. The

Hoopa Valley Tribal Council at its discretion may establish a permanent small animal

pound at any time after the adoption of this Ordinance. The lack of said pound shall

not have any effect on the laws established by this Ordinance and they shall be in full

effect and enforceable.

2. Animal Control Officer. The Office of Animal Control is within the Police

Department and is hereby established as part of the administrative organization of the

Tribe. The Animal Control Officer shall be hired by and hold office at the pleasure of

the Hoopa Valley Tribal Council receiving such compensation as the Council from

time to time may provide for, and shall work under the supervision of the Chief of

Police. While engaged in the discharge of his/her duties, the Animal Control Officer

shall wear a badge plainly designating his office. He/she shall enforce all laws of the

Tribe relating to the care, treatment, and impounding of animals and the prevention of

cruelty to animals. He/she shall be sworn in as a police officer and be vested with the

power and authority of such an officer for the sole purpose of performing the duties

of Animal Control Officer, but he/she shall not be deemed to be a member of the

Police Department unless qualified and appointed as such.

3. Pound Employees. All employees of the Tribe working under the supervision and

direction of the Animal Control Officer shall possess every power and perform all

duties belonging to the office of Animal Control Officer whenever the Animal

Control Officer shall designate and authorize any employee to so act; provided,

however, no employee shall be so empowered unless he/she has been sworn in as a

police officer of the Tribe and has been issued a metallic badge, plainly designating

his/her office, to be worn while performing such duties.

4. Right of Entry. In the administration and enforcement of the provisions of this

chapter, the Animal Control Officer shall have authority to enter upon any premises

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 Ordinance, is being violated; provided, however, the right of

entry shall be exercised only during daylight hours, and no building within the

Approved 12-11-2006

curtilage of a home shall be entered without the consent of the owner or tenant. If any

owner or tenant objects to such entry of said building, the Animal Control Officer

shall secure a warrant authorizing him/her to enter and search such building and to

arrest any person there present violating, or attempting to violate, any law of the Tribe

relating to the enforcement of this Ordinance.

5. Interference with the Animal Control Officer. No person shall resist or interfere with

the Animal Control Officer in the performance of his/her 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 Animal Control Officer. 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.

6. Impounding Duties

Jt shall be the duty of the Animal Control Officer to take up, seize, and impound

any animal found running at large in or upon any street or upon any unenclosed

lot, or found staked out, herded, or grazing upon any street in any manner

contrary to the provisions of this chapter. All other Hoopa Valley Tribal police

officers on duty shall be required to take up, seize, and immediately deliver to the

Animal Control Officer any animals so found running-at-Iarge. If the animals can

not be safely seized by the Hoopa Valley Tribal Police officers, the officers shall

notify the Animal Control Officer of the violating animal.

b. The Animal Control Officer shall keep a record of each animal impounded,

including the date such animal was received, 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.

7. Notice of Impoundment. If any animal taken up or impounded shall be licensed or

registered, and if such tag and number shall be upon the collar of such animal or

implant, the Animal Control Officer shall give notice to the owner thereof within 48

hours after the animal shall have been taken up. Such notice shall state that the animal

has been taken up and impounded and will be disposed of as provided in this

Ordinance. The notice shall be served upon the owner by delivering the same to

him/her personally, or by leaving the same with any person at the place of residence

of the owner, as stated in the records of the Tribe, or by posting the same in a

conspicuous place at the address of such owner, or by United States mail. All of

which shall constitute sufficient notice. In addition to service the Department will

attempt to contact an owner by phone and the numbers listed in the Department's

records. No further notice shall be required if anyone of the aforementioned methods

are used.

Approved J 2- J J·2006

8. Reclaiming Animals. The owner or person entitled to the custody of any animal taken

up, seized, or impounded may, at any time before the sale or disposal thereof, redeem

such animal by paying to the Animal Control Officer the charges, fines, and fees,

including registration fees, accruing up to the time of such redemption. Owners shall

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

of the animal whether or not they have redeemed or abandoned the animal.

9. Abandonment of Animals. Any owner entitled to regain custody of an animal

pursuant to the provisions of this Ordinance, who fails redeem their animal within the

time required for redemption under this Ordinance, shall have abandoned all legal

rights and interests in the animal. All impounded stray animals are deemed to have

been abandoned.

10. Notice of Sale; Sale of Animals.

All impounded animals, except dogs, cats, rabbits, birds, and poultry, may be

promptly advertised for sale by the Animal Control Officer if not redeemed within

three days after being impounded. The Animal Control Officer shall post the

following notices of sale, one at the public notice board at the Hoopa Valley

Tribe's Neighborhood Facilities, one at the Hoopa Valley Tribal Police

Department, and one at the Pound, if the Pound is separate from the Hoopa Valley

Tribal Police. 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 Animal Control Officer may proceed to sell for an amount of money as

established, from time to time by motion of the Council, those impounded animals

advertised for sale by the Animal Control Officer. The Animal Control Officer

shall execute to the purchaser thereof a bill of sale, and thereupon the title of such

animal shall vest.

c. If the Animal Control Officer determines that it is not in the best interests of the

Department to sell the animal or is unable to sell within a reasonable time frame

the Animal Control officer may dispose of the animal as appropriate.

11. Disposition of Unredeemed or Infected Animals

a. The Animal Control Officer shall sell, or order the destruction of, any dog, cat,

rabbit, bird, or poultry which is unredeemed within three days after the notice of

impoundment shall have been given to the owner or possessor of any such

registered or licensed animal. Any person who buys any such animal shall pay the

Animal Control Officer the reasonable value thereof, together with the accrued

pound fees and the required registration fee therefor. 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 Chief of Police.

Approved J 2-11-2006

b. It shall be the duty of the Animal Control Officer 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 Animal Control Officer, by reason

of old age, unfit for use or which is infected with any dangerous or communicable

disease, or in any incurably crippled condition or painful disease.

12. 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 Tribal treasury.

13. Impounding fees. The Animal Control Officer shall charge, receive and collect fees

and charges for services and impounding animals as shall be established from time to

time by motion of the Council. All monies received therefor shall be paid into the

Tribal treasury to be credited to the general fund.

X. Registration of Dogs, Cats, and Kennels

1. Registration Required, Exceptions

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

the exterior boundaries of the Hoopa Valley Indian Reservation unless such

animal has been duly vaccinated for rabies, licensed, and registered in accordance

with the provisions of this Ordinance.

b. The provisions of Section X(l)(a) shall not be deemed or construed to apply:

II.

To any dog or cat owned by or in the custody or control of a non-resident

of the Hoopa Valley Indian Reservation who is visiting or temporarily

residing within the Hoopa Valley Indian Reservation for a period not

exceeding 30 days; and

To any dog or cat having an unexpired rabies vaccination certificate and

an unexpired license or registration certificate issued by another city,

county or 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.

Approved 12-11-2006

2. B-egistration Fee~. An application for a dog or cat license registration shall be made

to the Hoopa Valley Tribal Police Department, accompanied by the fee or charge as

shall be established from time to time by motion of the Tribal Council.

3. Registration Period All registrations provided for in this section shall be valid for a

period of twelve (12) months and shall expire twelve (12) months after issuance. The

license and registration fees shall be paid in advance. Fees shall not be prorated, and

the full amount thereof shaH be paid regardless of the time the fee became due. All

fees shall become delinquent if not paid within 30 days of the issuance of a valid

certificate of canine anti-rabies vaccination or within 60 days after the dog or cat

attains the age of four months. A penalty shall be established from time to time by

Motion of the Tribal Council which shaH be added to the fee which becomes

delinquent. Such penalty, as well as the fee, shall be paid before the registration

certificate is issued.

4. Vaccination; Certificate

A dog or cat license shaH not be issued unless the applicant shows the

Department a valid certificate of canine anti-rabies vaccination, which

certificate adequately describes the physical features of the dog or cat and the

date of the vaccination and which bears the signature of the licensed

vaccination.

The type of vaccine acceptable and the frequency of vaccination shall be

determined by the Department.

5. License Tags or Implants

Dog and cat license tags or implants. With each registration there shall be

issued a license tag or implant bearing the identification number and the date

of expiration, and if a metal tag shall bear the words "Hoopa Animal License"

plainly inscribed thereon. Such tag shall be securely fixed to a collar, harness,

or other device to be worn at all times by the animal for which the registration

is issued.

Duplicale 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 may,

upon the payment of the fee or charge as shall be established from time to

time by motion of the Tribal Council and upon making and subscribing to a

declaration of such loss of such tag, receive from the Department a duplicate

Approved 12-11-2006

license tag for the remaining portion of the year for which the original license

was issued.

Unauthorized removal. It shall be unlawful for any unauthorized person to

remove from 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.

6. Registration records.

Each registration required by this section shall state the name and residence

address of the person to whom issued, the nature of the registration, the amount

paid therefor, the date issued, and the date on which the registration shall expire.

The registration shall also contain a description of the animal, a digital picture of

the animal, the number of the metal tag or implant accompanying the registration

certificate, and the date of vaccination.

The Department shall keep a record of the name, physical and mailing address,

and phone number of each person to whom a registration certificate or certificate

and tag are issued pursuant to the provisions of this subchapter, the name,

physical and mailing address and phone number of an alternate contact. All

money received for registrations or licenses under the provisions of this chapter

shall be paid to the Tribal treasury, to be credited to the general fund.

It is the duty of every owner to immediately notify the Department in writing of

any changes to the information that was listed to register an animal. The

Department shall not be responsible for any actions that result due to the Owner

failing to provide accurate information; additionally the Department has no

obligation to look for any other information beyond what is listed in the

registration records. The Department relies on the accuracy of the information

given on each owner's registration. The information will be used to notify any

owner if their animal is violating this ordinance or has been impounded. If the

Department does not have correct contact information an animal may be disposed

of according to this Ordinance and the Owner may not receive any notice due to

inaccurate information.

7. Kennels. Kennels shall not be permitted to operate within the exterior boundaries of the

Hoopa Valley Indian Reservation. The Hoopa Valley Tribal Council may by motion

authorize the operation of kennels within the Reservation after the adoption of this

Ordinance. The motion shall direct the Hoopa Valley Tribal Police to develop

regulations to govern the operation of kennels within the Reservation for review and

approval by resolution of the Hoopa ValIey Tribal Council. After the regulations have

been approved, kennels shall be permitted to operate in a manner consistent with such

regulations.

Approved 12-11-2006

Variance: Owners that have animals which are not kept for the purposes

of household pets but have greater than the numerical restrictions in

Section VIII I I prior to the Tribal Council authorizing the operation of a

kennel and subsequent regulations may apply to the Department for a

variance. The Department shall draft requirements for granting said

variances. Variances shall not be determined to be associated with any

form 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 to deny an application for a variance shall

be final.

XI. Rabies Control

1. Rabid Animals at Large. It shall be unlawful for any person owning, having an

interest in, harboring, 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 go

free and run at large within the Reservation.

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 in a 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 shall 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 shall quarantine such animal until

it shall be established to the satisfaction of the Department that such animal does

or does not have rabies.

3. Ouarantine 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.

Approved 12-11-2006

Isolation of a biting animal may be allowed on the owner's premises when, in the

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.

4. Disposition of Rabid Animals. If it shall appear to the Department or other qualified

Tribal Official, upon examination, that an animal has rabies, he/she shall in its

reasonable opinion kill it forthwith.

5. Transporting 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 the Hoopa Valley Indian Reservation from a

county in which rabies is present or has been known to be present within six

months.

Approved 12-11-2006

XIV. Vicious Dogs

1. Requirement of Physical Restraint. No person shall keep, own or possess within

the boundaries of the Hoopa Valley Indian Reservation 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.

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:

a. A vicious dog shall require a proper enclosure. A proper enclosure 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.

b. 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 symbol that warns children of the presence

of a vicious dog; and

c. A surety bond issued by a surety insurer in a form acceptable to the

Animal Control Authority in the sum of at least $100,000.00 payable to

any person injured by the vicious dog; or

d. A policy of liability insurance such as homeowners insurance in the

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

injuries inflicted by the vicious dog.

3. 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

in Section VIl(21). Substantial evidence may be based upon:

a. 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;

Approved 12-11-2006

b. Dog bite reports filed with the Department or any other governmental

agency;

c. Actions of the dog witnessed by the Department or any other

governmental agency; or

d. Other relevant substantial evidence.

4. 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:

a. The name and address of the owner of the dog;

b. A brief description of the dog;

c. A brief statement of why the dog has been found to be vicious dog;

d. The requirements for restraint of the dog, as determined by this Ordinance

and that these requirements must be complied with within 48 hours;

e. The penalties for violation of the requirements for restraint imposed by

Tribal Code, including a statement that, if the requirements are not timely

met, the Department will issue a citation.

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

of this ordinance if:

a. The dog is not validly registered under this Ordinance; or

b. The owner does not secure and maintain liability insurance coverage

required under this Ordinance

c. The dog is not maintained in the proper enclosure; or

d. 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.

e. The dog threatens or attacks and inflicts harm on any person, livestock,

game, or domestic animal.

6. Enforcement. Any owner who keeps his/her dog in violation of this section will

be subject to;

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

b. Any fines or associated costs with the confiscation and destruction of the

animal.

XV.

Citations for Violators of this Ordinance.

Citations will be issued to any owners of animals found to be violating this Ordinance.

Citations will not be issued for stray animals because ownership of the animal is not able

to be identified.

1. Violations Not Involving Physical Harm to Humans. If the animal is not a stray the

following enforcement procedures shall apply:

Approved 12-11-2006

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 su bject

to the applicable fines, penalties plus any assessed shelter and redemption fees

and costs.

c. Third violation of any provision of this Ordinance: The Owner shall be subject to

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

animal shall be deemed a repeat offender as of the third violation.

d. Fourth violution ofany 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 Hoopa Valley Indian

Reservation. 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.

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.

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 exterior boundaries of the Hoopa Valley Indian Reservation. 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.

4. Administrative Appeal of Citations, Appeal 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 Chief of Police.

a. Administrative Appeal: Any appeal must be filed within the time period for

redemption of an animal. 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 ofAppeal: The appeal shall be in writing and in the form of a

memorandum addressed to the Chief of Police listing the citation and the

specific evidence of why the citation was not proper. The Chief of Police

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 Chief of Police may request further information from the

Owner if necessary. A decision shall be issued to the owner within a

reasonable time of a receipt of the appeal.

Approved ]2-] 1-2006

c. Owner must pay redemption fees: The Department shall not keep animals

impounded during the administrative appeal of a citation, unless in the

Departments 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 Chief of Police determines that the citation was not supported by

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

compensation or damages except a refund 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 according to Section IX(9) of this Ordinance. All administrative

appeals shall be dismissed if an owner abandons the animal. Any Owner

abandoning his animal shall be responsible for all costs associated with the

impoundment and disposal of the animal.

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 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. Appeal to Tribal Court. The Hoopa Valley Tribal Court shall have the

jurisdiction to hear appeals from the administrative decisions of the Chief of

Police. The jurisdiction of the Hoopa Valley Tribal Court shall be that as an

appellate court and shall only use the record created by the Department to

make a decision. The Hoopa Valley Tribal Court's decision is only limited to

determining whether or not the citation was proper and deference shall be

afforded to Department's administrative decision.

g. Decision of the Hoopa Valley Tribal Court. The Hoopa Valley Tribal Court

may affirm the Department's administrative decision and in so doing the

Department may collect any costs a prevailing party is authorized to recover

under Tribal law. A Hoopa Valley Tribal Court decision that an Owner was

determined not in violation of this Ordinance shall authorize the release of an

unredeemable animal within a reasonable amount of time and the decision

may include the refunding of any previously paid redemption fees or costs to

care for unredeemable animals. No other compensation or any form of

damages shall be authorized to be issued against the Hoopa Valley Tribe.

h. No Jurisdiction for Abandoned Animals. The Hoopa Valley Tribal Court shall

have no jurisdiction to hear appeals from Department decisions when the

Approved 12-] ] -2006

animal has been deemed abandoned under this Ordinance. Any appeal shall

be dismissed by the Hoopa Valley Tribal Court

No Further Appeals. The Hoopa Valley Tribal Court's decision shall be final

and there shall be no further right of appeal.

XVI. Liability of Owners, Private Cause of Action.

Every person owning or keeping an animal within the exterior boundaries of the Hoopa

Valley Indian Reservation shall be liable in damages for any injury or damages

committed by such animal. Any person or the Tribal Council may file a civil complaint

against said owner in the Hoopa Valley Tribal Court for compensation for damages

caused by such animals. This section does not authorize any causes of action to be

brought against the Hoopa Valley Tribe.

XVII. Sovereign Immunity.

Nothing in this Ordinance shall be deemed or construed to be a waiver of the sovereign

immunity of the Hoopa Valley Tribe, its officials, its entities, or employees acting within

their official or individual capacities.

XVIII. Other Applicable Laws.

Persons found in violation of this Ordinance may also be subject in other courts of

competent jurisdiction to applicable federal laws and California penal codes involving the

treatment of animals.

Approved 12-11-2006

CERTIFICATION

I, the undersigned, as Chairman of the Hoopa Valley Tribal Council, do hereby certify:

that the Hoopa Valley Tribal Council is composed of eight members, of which eight (8)

were present, constituting a quorum, at a Regular Meeting thereof, duly and regularly

called, noticed, convened, and held this Il lh day of December 2006; that this Ordinance

was adopted at said meeting by a vote of seven (7) for and zero (0) against; and that since

its adoptions this Ordinance has not been altered, rescinded, or amended in any way.

DATED THIS ELEVENTH DAY OF DECEMBER, 2006.

CLIF

D YLE MARSHALL, CHAIRMAN

HOOPA VALLEY TRIBAL COUNCIL

Approved 12-11-2006

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.