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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

May 1, 2019

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. April 17, 2019 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Domestic Animals Law Amendments (pg. 4)

IV.

New Submissions

1. Legislative Procedures Act Amendments (pg. 109)

Additions

VI.

Administrative Updates

1. Children’s Code Review Modification Memo (pg. 110)

2. Amending Boards, Committees and Commissions Law Stipends Resolution (pg. 112)

3. Research Requests: Review and Approval to Conduct (pg. 117)

4. FY 19 Second Quarterly LOC Report (pg. 120)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

April 17, 2019

9:00 a.m.

Present: David P. Jordan, Daniel Guzman King, Kirby Metoxen, Jennifer Webster, Ernest Stevens

III (arrived at 9:10 a.m.)

Excused:

Others Present: Maureen Perkins, Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen

Hooker, Leyne Orosco, Bonnie Pigman, Rae Skenandore, Lee Cornelius, Michelle Gordon,

Jennifer Berg-Hargrove

Call to Order and Approval of the Agenda

David P. Jordan called the April 17, 2019 Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to approve the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

III.

Current Business

1. Domestic Animals Law Amendments (:41-2:39)

Motion by Jennifer Webster to accept the Domestic Animal Law Amendments public

meeting comments and comment review memorandum and defer to a work meeting for

further consideration; seconded by Daniel Guzman King. Motion carried unanimously.

IV.

New Submissions

1. GTC Petition Process (2:40-7:40)

Motion by Jennifer Webster to add GTC Petition Process to the active files list with a

high priority and Daniel Guzman King as the sponsor; seconded by Daniel Guzman

King. Motion carried unanimously.

Amendment by Daniel Guzman King to direct the LRO to work with Chief Counsel to

draft a resolution and return to the LOC for a statement of effect; seconded by Jennifer

Webster. Motion carried unanimously.

2. Indian Preference in Contracting Law Amendments (7:42-14:29)

Motion by Jennifer Webster to add the Indian Preference in Contracting law to the

active files list with a medium priority and Ernest Stevens III as the sponsor; seconded

by Kirby Metoxen. Motion carried unanimously.

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A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of April 17, 2019

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ONEIDA

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Additions

VI.

Administrative Items

1. Children’s Code Update (14:32-34:48)

Motion by Kirby Metoxen to accept the 6th Children’s Code Quarterly Update and

forward to the Oneida Business Committee with changes to the 161 agreements

narrative; seconded by Jennifer Webster. Motion carried unanimously.

2. Boards, Committees, and Commissions Law Amendments (34:49-57:23)

Motion by Kirby Metoxen to deny adding the Boards, Committees, and Commissions

law amendments to the active files list and to complete a review of the law after one

(1) year; seconded by Ernest Stevens III. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Ernest Stevens III to adjourn the April 17, 2019 Legislative Operating

Committee meeting at 9:57 a.m.; seconded by Kirby Metoxen. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of April 17, 2019

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

May 1, 2019

Domestic Animals Law Amendments

Submission Date: 9/19/18

LOC Sponsor: Jennifer Webster

Public Meeting: 3/11/19

Emergency Enacted: n/a

Summary: This is a request to make necessary changes and updates to the law in regard to issues

with violations, enforcement and appeals, procedure at hearings, restitution, citations, and viscous and

dangerous dogs.

9/19/18 LOC: Motion by Jennifer Webster to add the Domestic Animals Ordinance to the active files list and

assign Jennifer Webster as the Sponsor; seconded by Daniel Guzman King. Motion carried

unanimously.

10/5/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Kelly McAndrews, Eric

Boulanger, Michelle Myers, Jeff Mears, Vanessa Miller, Steve Linskens, Laura Manthe. The

purpose of this work meeting was to begin identifying potential amendments that can be made

to the law, and discussing areas that could benefit from further discussion.

10/23/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Kelly McAndrews, Jeff

Mears, Vanessa Miller, Steve Linskens, Laura Manthe, Brenda Haen, Eric Krawczyk. The

purpose of this work meeting was to finish reviewing the law and discussing potential

amendments that could be made.

11/9/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jeff Mears, Vanessa Miller,

Steve Linskens, Jennifer Falck, Eric Boulanger, Michelle Myers. The purpose of this work

meeting was to review research that was completed, and discuss parking lot issues from prior

meetings. The LRO will update the draft and schedule another work group meeting before the

draft is presented to the LOC.

12/13/18:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Eric Boulanger, Chad

Wilson, Laura Manthe, Steve Linskens, Shad Webster, Patrick Pelky. The purpose of this work

meeting was to review and discuss the proposed draft of the amendments before the draft is

presented to the LOC for consideration.

12/19/18:

Work Meeting. Present: David P. Jordan, Jennifer Webster, Kirby Metoxen, Ernest Stevens III,

Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was

to review the proposed draft created by the work group with the LOC, and determine the next

steps for moving forward. Attorney will update the draft, and a legislative analysis will be

completed.

1/16/19 LOC: Motion by Jennifer Webster to accept the draft and the legislative analysis of the amendments

to the Domestic Animals law and defer these items to a work meeting for further consideration;

seconded by Ernest Stevens III. Motion carried unanimously.

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1/16/19:

Work Meeting. Present: Jennifer Webster, Kirby Metoxen, Daniel Guzman, Ernest Stevens III,

Clorissa N. Santiago, Brandon Wisneski. The purpose of this work meeting was to review the

policy considerations contained in the legislative analysis.

1/25/19:

Work Meeting. Present: Clorissa N. Santiago, Brandon Wisneski, Jennifer Falck, Shad

Webster, Eric Boulanger, Steve Linskens, Michelle Meyers, Vanessa Miller, Jeff Mears. The

purpose of this work meeting was to review and discuss the fine, penalty, and licensing fee

schedule resolution, discuss complaints received from the community, and discuss fiscal

impacts.

2/6/19 LOC:

Motion by Jennifer Webster to approve the public meeting packet and direct that a public

meeting for the amendments to the Domestic Animals law be held on Monday, March 11, 2019;

seconded by Kirby Metoxen. Motion carried unanimously.

2/26/19:

Work Meeting. Present: Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Eric

Boulanger, Joel Maxam, Shad Webster, Jeff Mears, Steve Linskens. The purpose of this work

meeting was to discuss: 1) the timeframe to adoption of the proposed amendments and the

various deadlines required for that; 2) what is required in the fiscal impact statements that each

department will be completing for the LOC; and 3) implementation and any tasks that will need

to be completed for the law to be successfully implemented.

3/8/19:

Work Meeting. Present: Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski, Joel Maxam,

Steve Linskens, Vanessa Miller, Jacy Rasmussen. The purpose of this work meeting was to

discuss the various standard operating procedures that will have to be created based on the

proposed amendments and what department will be responsible for the development of each

one. During this work meeting potential fiscal impacts and the development of fiscal impact

statements were also discussed.

3/11/19:

Public Meeting Held. Present: Kirby Metoxen, Clorissa N. Santiago, Brandon Wisneski, Lee

Cornelius, Jennifer Falck, Kristen Hooker, Joel Maxam, Steve Linskens, Laura Manthe, Robert

Keck, James Petitjean. No oral comments were made during this public meeting.

3/20/19 LOC: Motion by Daniel Guzman King to approve the fiscal impact statement memorandum and

forward to the Environmental, Health, Safety, and Land Division, Oneida Police Department,

Oneida Nation Judiciary, and the Oneida Land Commission directing that a fiscal impact

statement of the proposed amendments to the Domestic Animals law be prepared and submitted

to the LOC by April 19, 2019; seconded by Ernest Stevens III. Motion carried unanimously.

4/17/19 LOC: Motion by Jennifer Webster to accept the Domestic Animal Law Amendments public meeting

comments and comment review memorandum and defer to a work meeting for further

consideration; seconded by Daniel Guzman King. Motion carried unanimously.

4/17/19:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Ernest Stevens III,

Daniel Guzman King, Jennifer Falck, Clorissa N. Santiago, Brandon Wisneski. The purpose of

this work meeting was to review and consider all the public comments that were received. The

LOC then determined what revisions were necessary to make to the draft. Draft will be updated

and an adoption packet prepared.

Next Steps:

 Accept the updated public meeting comment review memorandum and updated draft.

 Approve the adoption packet for the proposed amendments to the Domestic Animals law and forward

to the Oneida Business Committee for consideration.

 Approve the resolution titled, “Domestic Animals Law Fine, Penalty, and Licensing Fee Schedule”

and forward to the Oneida Business Committee for consideration.

 Approve the resolution titled, “Prohibited Animals under the Domestic Animals Law” and forward to

the Oneida Business Committee for consideration.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54115-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Legislative Operating Committee (LOC)

Clorissa N. Santiago, Legislative Reference Office, Staff Attorney

May 1, 2019

Domestic Animals Law Amendments: Public Meeting Comment Review

On March 11, 2019, a public meeting was held regarding proposed amendments to the Domestic

Animals law (“the Law”). The public comment period was then held open until March 18, 2019.

This memorandum is submitted as a review of the oral and written comments received within the

public meeting and public comment period.

On April 17, 2019, the Legislative Operating Committee reviewed and considered all public

comments that were received.

Comment 1 – Prohibited Animals Resolution:

304.10. Prohibited Animals

304.10-2. Prohibited Animals. Prohibited animals include the following orders and families,

whether bred in the wild or in captivity, and any or all hybrids. The animals listed are

intended to act as examples and are not to be construed as an exhaustive list or limit the

generality of each group of animals, unless otherwise specified:

(a) Class Mammalia.

(1) Order Chiroptera. This includes all bat species.

(2) Order Artiodactyla. This includes hippopotamuses, giraffes, camels, and

deer, but does not include domestic cattle, swine, sheep, goats, alpaca, and

llama as exotic animals.

(3) Order Carnivora.

(A) Family Felidae. This includes lions, tigers, cougars, leopards,

ocelots, and servals, but does not include domestic cats as exotic

animals.

(B) Family Canidae. This includes wolves, wolf hybrids, coyotes, coyote

hybrids, foxes, and jackals, but does not include domestic dogs as exotic

animals.

(D) Family Mustelidae. This includes weasels, skunks, martins, and

minks, but does not include ferrets as exotic animals.

(E) Family Procyonidae. This includes raccoons, and coatis.

(F) Family Hyaenidae. This includes hyenas.

(G) Family Viverridae. This includes civets, genets, and mongooses.

(4) Order Edentatia. This includes anteaters, armadillos, and sloths.

(5) Order Marsupialia. This includes opossums, kangaroos, wallabies, and

sugar gliders.

(6) Order Perissodactyla. This includes rhinoceroses, and tapirs, but does not

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include horses, goats, and mules as exotic animals.

(7) Order Primates. This includes lemurs, monkeys, chimpanzees, and

gorillas.

(8) Order Proboscidae. This includes elephants.

(9) Order Rodentia. This includes squirrels, beavers, porcupines, and prairie

dogs, but does not include guinea pigs, rats, mice, gerbils, and hamsters as

exotic animals.

(b) Class Reptilia.

(1) Order Squamata.

(A) Family Helodermatidae. This includes Gila monsters and Mexican

beaded lizards.

(B) Family Varaidae. This includes any monitor lizard which will

normally grow over two feet in length.

but does not include all other types of iguanas which are not green or

rock iguanas.

(D) Family Boidae. This includes all species whose adult length may

exceed eight (8) feet.

(E) Family Colubridae. This includes boomslangs and African twig

snakes.

(F) Family Elapidae. This includes coral snakes, cobras, and mambas.

(G) Family Nactricidae. This includes keelback snakes, but does not

include all other snakes not keelback.

(H) Family Viperidae. This includes copperheads, cottonmouths, and

rattlesnakes.

(2) Order Crocodilia. This includes crocodiles, alligators, caimans, and

gavials.

(1) Order Falconiformes. This includes eagles, hawks, and vultures.

(2) Order Rheiformes. This includes rheas.

(3) Order Struthioniformes. This includes ostriches.

(4) Order Casuariiformes. This includes cassowaries and emus.

(5) Order Strigiformes. This includes owls.

(d) Class Arachnida.

(1) Order Scorpiones,

(A) Family Buthidae. This includes scorpions.

(2) Order Araneae,

(A) Family Theridadae. This includes the Argentina red widow spider,

brown widow spider, red-black widow spider, red widow spider,

southern black widow spider, and Western widow spider.

(B) Family Laxoscelidae, This includes the brown recluse spider.

(e) Class Chilopoda.

(1) Order Scolopendromorpha,

(A) Family Scolopendridae. This includes centipedes.

(f) Any Federal or State endangered or threatened species.

A good mind. A good heart. A strong fire.

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Candice Skenandore (written): In order to avoid future amendments to the Domestic Animals

(Law), the Legislative Operating Committee (LOC) may want to consider removing proposed

section 304.10 Prohibited Animals from the Law and place this information into a resolution. This

will allow the list of prohibited animals to be revised from time to time as the Community’s needs

change. The Law could simply refer to the Resolution and the Resolution can be published along

side the Law on the Code of Laws so as the Community has easy access to such information.

Response

The commenter requests that section 304.10 of the Law be removed, and instead have the

information contained in section 304.10 placed in a resolution to be adopted by the Oneida

Business Committee. The commenter believes that having the information addressed by resolution

would allow for greater flexibility in amending the prohibited animals list as the Nation’s needs

change in the future. Resolutions are considered to provide more flexibility than a law because a

resolution does not have to follow the requirements of the Legislative Procedures Act. [1 O.C.

109].

Section 304.10 of the Law contains much valuable information that should remain in the Law

including:

▪ The general provision that no person is allowed to bring into, keep, harbor, maintain, offer

for sale or barter, act as a custodian, have custody or control of, or release to the wild on

the Reservation a prohibited animal [3 O.C. 304.10-1];

▪ A prohibited animal exception that allows certain individuals to own, harbor, or possess

prohibited animals, including those individuals who are eligible for any grandfather

provisions included in this law’s adopting resolution, and any zoological park and/or

sanctuary, an educational or medical institution, and/or a specially trained entertainment

organization who receives a permit from the Environmental, Health, Safety, and Land

Division [3 O.C. 304.10-3];

▪ The authority delegated to the Environmental, Health, Safety, and Land Division to issue

a prohibited animal permit when certain conditions exist [3 O.C. 304.10-4];

▪ The authority delegated to the Environmental, Health, Safety, and Land Division to

approve a wildlife refuge and/or sanctuary to release prohibited animals within the

Reservation without applying for and receiving a prohibited animal permit [3 O.C. 304.105];

▪ Provisions regarding the Oneida Police Department and Oneida Conservation

Department’s authority to seize prohibited animals [3 O.C. 304.10-6];

▪ The requirement of an owner of a prohibited animal that has been released or escapes to

immediately notify the Oneida Police Department and/or the Oneida Conservation

Department [3 O.C. 304.10-7]; and

▪ Provisions regarding the forfeiture of prohibited animals [3 O.C. 304.10-8].

It is not recommended that any of the above stated provisions be removed from the Law and placed

into a resolution of the Nation.

Section 304.10-2 of the Law provides specific information as to what orders and families of

animals, whether bred in the wild or in captivity, and any or all hybrids, are prohibited from being

A good mind. A good heart. A strong fire.

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on the Reservation. The animals listed alongside the orders and families in the Law serve as

examples and are not an exhaustive list of all animals that are prohibited.

Section 304.10-2, unlike the other provisions of section 304.10, could potentially be removed from

the Law and placed into a resolution. Providing the prohibited animals list within the Law itself

allows for more convenience to the reader as all the relevant information regarding prohibited

animals is found in one place. Although there may be more convenience to the reader, the

flexibility to revise and amend the prohibited animals list is affected as any changes to the Law

would be required to follow the Legislative Procedures Act which can be a lengthy process.

On the other hand, providing the prohibited animals list through a resolution of the Nation would

provide more flexibility and ease in adjusting the prohibited animals list to fit the needs of the

Nation as those needs may change in the future. Allowing the flexibility to change the prohibited

animals list by resolution would result in the necessity for a reader looking for information on

prohibited animals to consult more than one document to find all the relevant information, which

may be considered an inconvenience.

Whether or not to include the list of prohibited animals in the Law itself, or in a resolution, is a

policy decision for the Legislative Operating Committee to make. The Legislative Operating

Committee may determine:

1. The Law should remain as currently drafted and provide the prohibited animals list in

section 304.10-2 of the Law.

2. Section 304.10-2 of the Law which provides the prohibited animals list should be removed,

and instead the Legislative Operating Committee should include a provision that requires

the prohibited animals list to be set by resolution.

a. If the Legislative Operating Committee makes this determination then the

following language is recommended:

304.10-2. Prohibited Animals. The Oneida Business Committee shall provide

through the adoption of a resolution which orders and families of animals, whether

bred in the wild or in captivity, and any or all hybrids are prohibited from being on

the Reservation.

LOC Consideration

The Legislative Operating Committee decided that section 304.10-2 of the Law, which provides

the prohibited animals list, should be removed from the law and placed instead into a resolution

that will be adopted by the Oneida Business Committee. The Legislative Operating Committee

made this decision based on the fact that it would provide greater flexibility in changing the

prohibited animals list in the future if the needs of the Nation change.

The Legislative Operating Committee directed the following revision be made to the Law:

304.10-2. Prohibited Animals. The Oneida Business Committee shall provide through the

adoption of a resolution which orders and families of animals, whether bred in the wild or in

captivity, and any or all hybrids are prohibited from being on the Reservation. Prohibited animals

include the following orders and families, whether bred in the wild or in captivity, and any or all

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hybrids. The animals listed are intended to act as examples and are not to be construed as an

exhaustive list or limit the generality of each group of animals, unless otherwise specified:

(a)

Class Mammalia.

(1)

Order Chiroptera. This includes all bat species.

(2)

Order Artiodactyla. This includes hippopotamuses, giraffes, camels, and

deer, but does not include domestic cattle, swine, sheep, goats, alpaca, and llama as

prohibited animals.

(3)

Order Carnivora.

(A)

Family Felidae. This includes lions, tigers, cougars, leopards,

ocelots, and servals, but does not include domestic cats as prohibited

animals.

(B)

Family Canidae. This includes wolves, wolf hybrids, coyotes,

coyote hybrids, foxes, and jackals, but does not include domestic dogs as

prohibited animals.

(C)

Family Ursidae. This includes all bears.

(D)

Family Mustelidae. This includes weasels, skunks, martins, and

minks, but does not include ferrets as prohibited animals.

(E)

Family Procyonidae. This includes raccoons, and coatis.

(F)

Family Hyaenidae. This includes hyenas.

(G)

Family Viverridae. This includes civets, genets, and mongooses.

(4) Order Edentatia. This includes anteaters, armadillos, and sloths.

(5)

Order Marsupialia. This includes opossums, kangaroos, wallabies, and

sugar gliders.

(6)

Order Perissodactyla. This includes rhinoceroses, and tapirs, but does not

include horses, goats, and mules as prohibited animals.

(7)

Order Primates. This includes lemurs, monkeys, chimpanzees, and

gorillas.

(8)

Order Proboscidae. This includes elephants.

(9)

Order Rodentia. This includes squirrels, beavers, porcupines, and prairie

dogs, but does not include guinea pigs, rats, mice, gerbils, and hamsters as

prohibited animals.

(b) Class Reptilia.

(1) Order Squamata.

(A) Family Helodermatidae. This includes Gila monsters and Mexican

beaded lizards.

(B)

Family Varaidae. This includes any monitor lizard which will

normally grow over two feet in length.

(C)

Family Iguanaidae. This includes green iguanas and rock iguanas,

but does not include all other types of iguanas which are not green or rock

iguanas.

(D)

Family Boidae. This includes all species whose adult length may

exceed eight (8) feet.

(E)

Family Colubridae. This includes boomslangs and African twig

snakes.

(F)

Family Elapidae. This includes coral snakes, cobras, and mambas.

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(G)

Family Nactricidae. This includes keelback snakes, but does not

include all other snakes not keelback.

(H) Family Viperidae. This includes copperheads, cottonmouths, and

rattlesnakes.

(2) Order Crocodilia. This includes crocodiles, alligators, caimans, and gavials.

(1) Order Falconiformes. This includes eagles, hawks, and vultures.

(2) Order Rheiformes. This includes rheas.

(3) Order Struthioniformes. This includes ostriches.

(4) Order Casuariiformes. This includes cassowaries and emus.

(5) Order Strigiformes. This includes owls.

(d)

Class Arachnida.

(1) Order Scorpiones,

(A) Family Buthidae. This includes scorpions.

(2) Order Araneae,

(A) Family Theridadae. This includes the Argentina red widow spider,

brown widow spider, red-black widow spider, red widow spider, southern

black widow spider, and Western widow spider.

(B) Family Laxoscelidae, This includes the brown recluse spider.

(e) Class Chilopoda.

(1) Order Scolopendromorpha,

(A) Family Scolopendridae. This includes centipedes.

(f) Any Federal or State endangered or threatened species.

Comment 2 – Alpacas and Llamas:

Candice Skenandore (written): I applaud the LOC for their continued support of excluding

animals such as alpacas and llamas from the list of prohibited animals. This will ensure that our

Community can enjoy these creatures for generations to come. Should the LOC choose to remove

the list of prohibited animals and instead identify such animals by Resolution, I recommend that

alpacas and llamas still be allowed to safely reside within the Reservation boundaries [See

proposed Domestic Animals, 3 O.C. 304.10-2 (a) (2)].

Response

The commenter expresses gratitude to the Legislative Operating Committee for ensuring that

alpacas and llamas are not placed on the prohibited animal list provided in section 304.10-2 of the

Law so that the community can continue to enjoy these animals.

There is no recommended revision based on this comment.

LOC Consideration

The Legislative Operating Committee determined there was no revision to the draft needed based

on this comment.

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Comment 3 – Sugar Gliders:

304.10. Prohibited Animals

304.10-2. Prohibited Animals. Prohibited animals include the following orders and families,

whether bred in the wild or in captivity, and any or all hybrids. The animals listed are

intended to act as examples and are not to be construed as an exhaustive list or limit the

generality of each group of animals, unless otherwise specified:

(a) Class Mammalia.

(5) Order Marsupialia. This includes opossums, kangaroos, wallabies, and

sugar gliders.

Candice Skenandore (written): I do not agree with the LOC’s decision to continue including

sugar gliders from the list of prohibited animals and ask that the LOC reconsider allowing these

adorable marsupialia to reside on the Reservation [See proposed Domestic Animals, 3 O.C. 304.102 (a) (5)]. According to PetMD, sugar gliders make excellent pets so long as the owner(s)

understands the needs of these amazing creatures. Sugar gliders are nocturnal, meaning they can

provide companionship to our Community members that may work the 3rd shift or have trouble

sleeping. The average life-span of a sugar glider is 5-7 years which is enough time to teach children

the importance of taking care of another life while not burdening a family with a lengthy

commitment. Typical adult male sugar gliders weigh 0.22-0.35 lbs and adult females weigh 0.180.29 lbs. Females only produce 1-2 joeys (babies) per litter which will ensure that the Community

will not be overrun with sugar gliders. Lastly, sugar gliders are omnivores (eat both plant and

animal matter) and enjoy insects such as crickets and mealworms. Allowing sugar gliders to reside

on the Reservation may ease the noise of the occasional cricket that gets trapped in a house or

dwelling during those long summer months. This could improve the sanity and sleep of the

Community [See PetMD, https://www.petmd.com/exotic/care/all-about-sugar-gliders].

The LOC should be made aware that sugar gliders can also serve as emotional support animals.

According to Americans with Disabilities Act National Network, emotional support animals are

animals that provide companionship, relieve loneliness, and may help with depression, anxiety and

certain phobias. An article by College Avenue Magazine talks about a student’s struggle after

brain surgery and that her sugar glider named “Zaboo” provide comfort to her during her recovery

process [See College Avenue Magazine, https://collegian.com/2018/02/sugar-gliders-can-beservice-animals-too/]. I highly encourage the LOC to reconsider denying our Community the

comfort, joy, and emotional support that sugar gliders bring.

Response

The commenter disagrees with the inclusion of sugar gliders on the prohibited animal list found in

section 304.10-2(a)(5).

The determination of what animals to prohibit from the Reservation is a policy decision for the

Legislative Operating Committee to make. The Legislative Operating Committee may determine:

1. The Law should remain as currently drafted and prohibited sugar gliders from being kept

as pets on the Reservation.

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2. The Law should be revised to remove sugar gliders from the prohibited animals list and

therefore be allowed to be kept as pets on the Reservation.

a. If the Legislative Operating Committee makes this determination then the

following revision should be made:

304.10-2.

Prohibited Animals. Prohibited animals include the following

orders and families, whether bred in the wild or in captivity, and any or all hybrids.

The animals listed are intended to act as examples and are not to be construed as an

exhaustive list or limit the generality of each group of animals, unless otherwise

specified:

(a)

Class Mammalia.

(5)

Order Marsupialia. This includes opossums, kangaroos,

and wallabies, but does not include and sugar gliders as prohibited

animals.

LOC Consideration

The Legislative Operating Committee had a lengthy discussion on whether sugar gliders should

remain on the prohibited animals list for the Nation.

The Legislative Operating Committee discussed the fact that sugar gliders are currently prohibited

in many surrounding local municipalities such as Green Bay and Ashwaubenon. The Legislative

Operating Committee then discussed why sugar gliders are prohibited from being kept as pets in

many areas in the first place. Sugar gliders are prohibited from being kept as pets in many places

due to the fact that sugar gliders are difficult animals to care for. The Legislative Operating

Committee discussed some research that was conducted on why sugar gliders are hard animals to

care for including the fact that sugar gliders are social animals so they are not happy as solo pets

and do better with other sugar gliders, sugar gliders have a very specific diet that must be followed,

sugar gliders are nocturnal animals, and they require cages with lots of space.

Although the decision was not unanimous, the Legislative Operating Committee ultimately

determined the Law should remain as currently drafted and sugar gliders should remain on the

prohibited animals list due to the fact that the animals are normally prohibited in an effort to ensure

the animals are not mistreated or improperly cared for.

Comment 4 – Limit of the Number of Hens Allowed:

304.9. Hens

304.9-3. Limit on the Number of Hens Allowed. The number of hens an owner may keep is

dependent on the size of the residential lot.

(a) An owner may to keep up to four (4) hens on a residential lot that is two (2) acres

in size or smaller.

(b) An owner may keep up to eight (8) hens on a residential lot two (2) acres in size

or larger.

Laura Laitinen-Warren on behalf of Chairman Tehassi Hill (written): Good Afternoon,

Chairman Hill has would like to ensure consideration for the amount of hens needed for egg

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production to provide for a family. The limit on 4 hens for property that is two acres or smaller

may be too restrictive. The Oneida Nation demonstrates our right to food sovereignty, and we

want to be sure we are not putting up barriers for citizens who also wish to exercise this right.

Thank you for the opportunity to comment.

Response

The commenter shares concerns that the limit of up to four (4) hens on a residential lot that is two

(2) acres or smaller may be too restrictive in terms of egg production to provide for a family. The

commenter expresses the importance of our right to food sovereignty and wants to ensure this

limitation on the number of hens is not a barrier for those members of the Nation who wish to

exercise their right to food sovereignty.

The limitation of up to four (4) hens on a residential lot that is two (2) acres or smaller was a policy

decision made by the Legislative Operating Committee. The Legislative Operating Committee

made the decision on what extent to limit hens after research was conducted on the limitations of

hens in other surrounding municipalities. The research demonstrated the following limitations on

the number of hens allowed in other local municipalities:

▪ City of De Pere: Up to four (4) hens are allowed with a permit;

▪ City of Green Bay: Up to four (4) hens are allowed with a permit;

▪ Village of Ashwaubenon: Up to four (4) hens are allowed with a permit;

▪ Village of Howard: Up to four (4) hens allowed on lots of two acres or less, up to eight (8)

hens allowed on lots larger than two acres; and

▪ Village of Hobart: Up to six (6) hens allowed on properties in single family zoning districts.

Although not required to be, the Legislative Operating Committee determined that this was a

matter in which consistency with our neighboring municipalities would be beneficial to the Nation.

Additionally, the Legislative Operating Committee decided to base the limitation on the size of

the residential lot in acknowledgement that there are many different homes found throughout the

Reservation, and a home with a larger lot size could be better equipped to house more hens without

causing a nuisance.

The limitation on the number of hens that are allowed on certain lot sizes within the Reservation

is a policy decision for the Legislative Operating Committee to make. The Legislative Operating

Committee may determine:

1. The Law should remain as currently drafted and provide the limitation of up to four (4)

hens on a residential lot that is two (2) acres or smaller.

2. The Law should be amended to increase the limitation on the number of hens that are

allowed on a residential lot that is two (2) acres or smaller.

a. If the Legislative Operating Committee makes this determination then the

Legislative Operating Committee will have to determine what the appropriate

limitation on the number of hens allowed on a residential lot that is two (2) acres

or smaller.

LOC Consideration

A good mind. A good heart. A strong fire.

Page 9 of 10

ONEIDA

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The Legislative Operating Committee discussed whether the Law should remain as currently

drafted and provide the limitation of up to four (4) hens on a residential lot that is two (2) acres or

smaller, or if this limitation should be increased. The Legislative Operating Committee discussed

the fact that there are many families within the Reservation that raise hens as a source of food, and

the fact that they would not want to negatively impact their efforts. The Legislative Operating

Committee discussed the fact that their experience with friends and family that raise hens has

demonstrated that not all hens lay eggs every day. The fact that this limitation only applies to those

homes zoned residential, and does not apply to homes zoned agricultural was also discussed.

Ultimately the Legislative Operating Committee decided that the limitation on the number of hens

should be increased. The Legislative Operating Committee directed that the following revision be

made to the Law:

304.9-3. Limit on the Number of Hens Allowed. The number of hens an owner may keep is

dependent on the size of the residential lot.

(a) An owner may to keep up to six four (64) hens on a residential lot that is two (2) acres

in size or smaller.

(b) An owner may keep up to twelve eight (128) hens on a residential lot two (2) acres in

size or larger.

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Title 3. Health and Public Safety - Chapter 304

DOMESTIC ANIMALS

K@tse>na Olihw@=ke

matters concerning the pet animals

304.1.

304.2.

304.3.

304.4.

304.5.

304.6.

304.7.

Purpose and Policy

Adoption, Amendment, Conflicts

Definitions

Jurisdiction

Authority

Treatment of Animals

Dogs and Cats

304.8. Livestock

304.9. Hens

304.10. Prohibited Animals

304.11. Dangerous Animals

304.12. Owner Liability

304.13. Enforcement of Violations

304.1. Purpose and Policy

304.1-1. Purpose. The purpose of this law is to:

(a) protect the health, safety, and welfare of the community by requiring certain basic

measures to prevent the spread of disease carried by domestic animals;

(b) set minimum standards for the treatment of animals;

(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and

(e) establish consequences for damages caused by domestic animals.

304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the

community by:

(a) requiring certain basic measures to prevent the spread of disease carried by domestic

animals;

(b) establishing requirements for licensing domestic animals, and

304.2. Adoption, Amendment, Repeal

304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B and

amended by resolutions BC-06-22-11-G, BC-06-28-17-B, and BC-__-__-__-__.

304.2-2. This law may be amended or repealed by the Oneida Business Committee and/or

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

304.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

304.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

304.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

304.3. Definitions

304.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) (a) “Court of Appeals” means the Nation’s Judiciary’s Court of Appeals, which is the

court of final appeal within the Nation.

(b) “District Quarantine” means a rabid or otherwise diseased domestic animal is suspected

or known to be within a discernible area and all such animals reasonably suspected of being

infected are subject to enforced isolation for a period of time to limit or prevent the spread

of disease or infection and during which time said animals are tested for diseases, including

rabies.

(b) c) “Fine” means a monetary punishment issued to a person violating this law.

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(cd) “Hen” means a female chicken (Gallusof the order and family gallus gallus

domesticus)..

(d) (e) “Husbandry practices” means accepted manner of managing resources, cultivating,

and caring for animals including the breeding, feeding, and tending of the animals.

(f) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer

the judicial authorities and responsibilities of the Nation.

(g) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer, heifer,

etc.), sheep, goat, pig.

(e)h) “Nation” means the Oneida Nation.

(f) i) “Owner” means any person who owns, harbors, keeps, controls or acts as a caretaker

for an animal. Absent evidence of alternative adult ownership, this law presumes that

domestic animals are owned by the adult homeowner or renter.

(g) j) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to, the

confiscation of wildlife with return of the same at the discretion of the Trial Court and

restitution.

(h) k) “Reservation” means all the property within the exterior boundaries of the

Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida

7 Stat. 566, and any lands added thereto pursuant to federal law.

(il) “Residential household” means a residential lot, except for those residential lots

designed as multi-family lots, in which each family unit within the lot constitutes a separate

household.

(jm) “Tethering” means the act of fastening an animal to a stationary object while

unattended so that the animal can only range within a set radius. Tethering does not include

the use of a leash to walk an animal.

(kn) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B to administer the judicial authorities and responsibilities of the Nation.

(l) o) “Quarantine” means the act of keeping an animal in enforced isolation for a period

of time to limit or prevent the spread of disease or infection and during which time said

animal is tested for diseases, including rabies.

304.4. Jurisdiction

304.4-1. Personal Jurisdiction. This law applies to:

(a) All members of the Nation; the Nation’s entities and corporations; and members of

other federally-recognized tribes.;

(b) Individuals and businesses leasing, occupying or otherwise using fee land owned by

the Nation or by individual members of the Nation; and/or lands held in trust on behalf of

the Nation or individual members of the Nation.; and

consistent with federal law. An individual shall be considered to have consented to the

jurisdiction of the Nation:

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(1) By entering into a consensual relationship with the Nation, or with the Nation’s

entities, corporations, or members of the Nation, including but not limited to

contracts or other agreements; or

(2) By other facts which manifest an intent to consent to the authority of the Nation,

including failure to raise an objection to the exercise of personal jurisdiction in a

timely manner.

304.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by

the Nation and individual trust and/or fee land of a member of the Nation.

304.5. Authority

304.5-1. General. This law governs the keeping of all domestic animals which are commonly

owned as household pets. Domestic animals include, but are not limited to, dogs, cats, ferrets,

rabbits, guinea pigs, turtles, birds, pigeons, hamsters, non-venomous reptiles, amphibians, and

arachnids.

(a) Domestic animals do not include prohibited exotic animals as identified by the

prohibited animals resolution provided for in section 304.10-2.

304.5-2. Authority of the Oneida Police Department and Conservation Department. Oneida

Police Officers and Conservation Wardens shall have the authority to:

(a) investigate complaints involving domestic animals;

(b) enforce the provisions of this law through appropriate means, including but not limited

to:

(1) seizing any animal that is taken, employed, used, or possessed in violation of

this law and/or mistreated, rabid or otherwise in danger or dangerous;

(2) issuing citations consistent with the fine and penalty schedule developed in

accordance with this law; and

(3) using force, up to and including lethal force, to stop an immediate threat to

public safety caused by an animal.

(A) Where lethal force is used, such execution shall be conducted in as

humane manner as possible and, to the extent feasible, avoids damage to the

animal’s head for the purpose of rabies testing.

304.5-3. Fine, Penalty, and Licensing Fee Schedule. The Environmental, Health, Safety, and

Land Division and the Environmental Resource Board are hereby delegated joint authority to

develop a fine, penalty, and licensing fee schedule. The fine, penalty, and licensing fee schedule

shall be adopted by the Oneida Business Committee bythrough resolution.

304.5-4. Disease Investigation and Quarantine. The Environmental, Health, Safety, and Land

Division, the Emergency Management Coordinator, and the Comprehensive Health Division are

hereby delegated joint authority to establish standard operating procedures related to disease

investigations and quarantines.

304.5-5. Issuance of Licenses. The Environmental, Health, Safety, and Land Division shall make

all decisions related to the issuance of a license and/or permit in accordance with this law, unless

otherwise noted.

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304.6.

Treatment of Animals

304.6-1. Food and Water. An owner shall provide an animal with a daily supply of food and

water sufficient to maintain the animal in good health.

304.6-2. Shelter. An owner shall meet the minimum standards for indoor and outdoor shelter for

an animal. All shelter shall be structurally sound and maintained in good repair to protect the

animal from injury and to contain the animal.

(a) Minimum indoor standards of shelter. Minimum standards for indoor shelter include

the following:

(1) Temperature. The ambient temperature of the indoor shelter shall be

compatible with the health of the animal.

(2) Ventilation. Indoor shelter facilities shall be adequately ventilated by natural

or mechanical means to provide for the health of the animal at all times.

(b) Minimum outdoor standards of shelter. Minimum standards for outdoor shelter include

the following:

(1) Shelter from Sunlight. When sunlight is likely to cause heat exhaustion of an

animal tied or caged outside, sufficient shade by natural or artificial means shall be

provided to protect the animal from direct sunlight. Caged does not include farm

fencing used to confine livestock.

(2) Climatic Conditions. Natural or artificial shelter appropriate to the local

climatic conditions for the animal concerned shall be provided as necessary for the

health of the animal.

(3) Adverse Weather. If an animal is tied or confined unattended outdoors under

weather conditions which adversely affect the health of the animal, a weather

appropriate shelter of suitable size to accommodate the animal shall be provided.

sufficient space to allow each animal adequate freedom of movement. Inadequate space

may be indicated by evidence of debility, stress, or abnormal behavior patterns.

(1) Dog Kennels. Dog kennels shall meet the following space requirements where,

if there are multiple dogs in the same kennel, the base kennel space requirement is

based on the size of the largest dog and the additional kennel space requirements

are based on the size of each additional dog kept in the kennel:

(A) Dog Size Between One and Thirty-Five Pounds. A dog that weighs

between one (1) and thirty-five (35) pounds shall have a required base

kennel space of sixty (60) square feet. Required additional kennel space per

additional dog of this size is twelve (12) square feet.

(B) Dog Size Between Thirty-Six and Seventy-Five Pounds. A dog that

weighs between thirty-six (36) and seventy-five (75) pounds shall have a

required base kennel space of eighty (80) square feet. Required additional

kennel space per additional dog of this size is eighteen (18) square feet.

(C) Dog Size Seventy-Six Pounds or Greater. A dog that weighs seventysix (76) pounds or more shall have a required base kennel space of one

hundred (100) square feet. Required additional kennel space per additional

dog of this size is twenty-four (24) square feet.

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(d) Sanitation Standards. An owner shall meet the minimum standards of sanitation for

both indoor and outdoor shelter. Minimum sanitation standards require waste matter from

the animal to be removed within twenty-four (24) hours of its deposit.

(e) Shelter Exception for Livestock. In the case of livestock kept on farms on land zoned

agricultural, nothing in this section shall be construed as imposing shelter requirements or

standards more stringent than normally accepted husbandry practices.

304.6-3. Tethering. If a kennel or enclosed yard is not available, an owner may tether an

unsupervised animal as long as the owner meets the following conditions:

(a) the tether is connected to the animal with a buckle type collar or body harness made of

nylon or leather not less than one inch (1”) in width and at least two inches (2”) greater in

diameter than the animal’s neck or torso;

(1) The use of a choke collar, prong collar head harness, or other similar type of

head harness or collar shall be prohibited for the use of tethering.

(b) the tether is at least twelve feet (12’) long and allows the animal to move in all

directions unimpeded;

weight;

(d) the animal is tethered so as to prevent injury, strangulation, or entanglement, and allows

the animal access to water and shelter;

(e) the tethered animal is not sick, injured, or nursing;

(f) the animal is not tethered on any vacant property or land or with an unoccupied

dwelling; and

(g) the animal is not tethered in a manner that allows the animal to cross onto public space

or property of others.

304.6-4. Mistreatment of Animals. No person mayshall treat any animal in a manner which causes

harm, injury or death. This section does not apply to:

(a) normal and accepted veterinary and/or care practices; or

(b) teaching, research or experimentation conducted at a facility regulated under federal or

applicable state law.

304.6-5. Mandatory Reporting. An employee of the Nation shall report any animal mistreatment

witnessed during the regular course of his or her employment with the Nation to the Oneida Police

Department and any other appropriate entity.

304.7. Dogs and Cats

304.7-1. License Required. An owner shall be required to obtain a license for any dog or cat five

(5) months of age or older on an annual basis.

(a) License Period. The license year shall commence on January 1st and end on December

31st of every year.

(b) License Eligibility. To be eligible for a license, the owner shall provide:

(1) the licensing fee; and

(2) proof of current rabies vaccination.

license tag for the dog or cat. The owner shall securely attach the license tag to the animal’s

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collar and shall require the animal wear the collar at all times.

(1) Exception. A dog or cat shall not be required to wear the collar if the dog or cat

is:

(A) hunting or actively involved in herding or controlling livestock if the

animal is under control of its owner;

(B) within the owner’s residence and/or securely confined in a fenced area;

and/or

304.7-2. Rabies Vaccinations Required. An owner shall be required to obtain a rabies

vaccination for any dog or cat five (5) months of age or older.

304.7-3. Limit on the Number of Dogs and Cats. An individual may keep no more than two (2)

dogs or three (3) cats; and a total of no more than four (4) dogs and cats combined; in a single

residential household.

(a) Exception. The limit on the number of dogs and cats a person may keep or possess does

not apply to a person who:

(1) is eligible for any grandfather provisions included in this law’s adopting

resolution;

(2) keeps or possesses a litter of pups or kittens, or a portion of a litter, for a period

not exceeding five (5) months from birth;

(3) resides on property zoned agricultural; and/or

(4) obtains a permit for the additional dog or cat.

(b) Permit for Additional Dogs or Cats. A person may keep more than two (2) dogs or

three cats (3) in a single residential household if the owner obtains a permit from the

Environmental, Health, Safety, and Land Division for the additional animal. The

application for the permit must be signed by the owner and contain the signature of the

landownerhomeowner of the residential household if the landownerhomeowner is not the

applicant.

(1) By seeking a permit for an additional dog or cat the owner agrees that he or she

shall reduce the number of licensed dogs or cats on the premises if there are two (2)

or more nuisance complaints against the residential household within one (1)

calendar year caused by, or related to, the number of dogs or cats housed on the

premises.

(2) If two (2) or more nuisance complaints are received against the residential

household due to the number of dogs or cats housed on the premises, the owner

shall reduce the number of animals within thirty (30) days.

304.7-4. Running at Large. An owner shall not allow a dog or cat to run at large by being any

place except upon the premises of the owner, unless the dog or cat is crated, penned, or on a leash

under the control of a person physically able to control the animal.

(a) A stray dog or cat running at large may be referred to the Oneida Police Department or

Oneida Conservation Department.

(b) When an Oneida Police Officer or Oneida Conservation Warden finds a dog or cat

running at large, the officer and/or warden shall, if possible, pick up and impound such

animal.

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identification tags or license tag, the owner shall be notified as soon as reasonably possible.

304.7-5. Nuisance. An Oneida Police Officer or Oneida Conservation Warden may pick up and

impound a dog or cat that has been found to be a nuisance. A dog or cat shall be found to be a

nuisance if the actions of the dog or cat:

(a) resulted in two (2) or more verified disturbances due to excessive barking and/or other

noise by the animal, or the animal running at large; and/or

(b) resulted in one (1) or more verified disturbance due to threatening behavior by the

animal running at large.

304.7-6. Investigations for Suspected Animal Bites. The owner shall notify the Oneida Police

Department in the event the owner’s cat or dog bites a human or another domestic animal.

(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:

(1) Ascertain whether the domestic animal is properly licensed and has current

vaccinations.

(2) Ensure all information provided is correct.

(3) Contact the Environmental, Health, Safety, and Land Division to provide

notification of the domestic animal bite.

(4) If the cat or dog has current rabies vaccinations, order the owner to:

(A) Quarantine the animal for ten (10) days; and

(B) Present the animal for examination by a veterinarian within twentyfour (24) hours of the bite, on the last day of quarantine and on one (1) day

in between the first twenty-four (24) hours and the tenth (10th) day.

(5) If the cat or dog does not have current rabies vaccination, order the owner to:

(A) Quarantine the animal for ten (10) days or deliver the animal to an

isolation facility at the owner’s expense. If a home quarantine is ordered,

the owner shall present the domestic animal for examination by a

veterinarian within twenty-four (24) hours of the bite, on the last day of

quarantine and on one (1) day in between the first twenty-four (24) hours

and the tenth (10th) day; or

(B) Euthanize the animal and send the specimen for analysis at the owner’s

expense, if the animal has exhibited any signs of rabies.

(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine

period. Upon expiration of all quarantine periods, if the veterinarian certifies that the

animal has not exhibited any signs of rabies, the animal may be released from quarantine.

following shall occur:

(1) If the animal has current rabies vaccinations, the Oneida Police Officer or

Oneida Conservation Warden may order the animal to be euthanized and send the

specimen for analysis, to be paid for by the Nation.

(2) If the animal does not have current rabies vaccinations, the Oneida Police

Officer or Oneida Conservation Warden may order the animal to be euthanized and

send the specimen for analysis at the owner’s expense.

304.7-7. District Quarantine. A district quarantine may be initiated by staff designated by the

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Environmental, Health, Safety, and Land Division, an Oneida Police Officer, an Oneida

Conservation Warden, and/or a Public Health Officer.

(a) If an area is subject to a district quarantine for rabies, all dogs and cats within the district

shall be kept securely confined, tied, leashed or muzzled. Any dog or cat not confined,

tied, leashed or muzzled is a public nuisance and may be impounded. All Oneida Police

Officers and Oneida Conservation Wardens shall cooperate in the enforcement of the

quarantine.

(b) An animal that is immunized against rabies as evidenced by a valid certificate of rabies

vaccination or other evidence is exempt from the district quarantine provisions of this

section.

304.8. Livestock

304.8-1. An owner shall obtain a conditional use permit from the Oneida Land Commission in

order to keep livestock on land zoned residential.

304.8-2. Limitations on Livestock. Livestock kept on land zoned residential are subject to the

following limitations:

(a) One (1) large animal per one (1) acre. Examples of large animals include, but are not

limited to, horses, cows, and pigs.

(b) One (1) small animal per one-half (½) acre. Examples of small animals include, but

are not limited to, goats, and sheep.

requirements can be met.

304.8-3. Liability for Damage Caused by Livestock at Large. Any person whose livestock

escapes from its normal confined area and becomes at large is responsible for any and all damage

to persons and property caused by such livestock while it is away from its normal confined area.

304.9. Hens

304.9-1. Hen Permit. An owner shall obtain a conditional use permit from the Oneida Land

Commission Division in order to keep hens on land zoned residential.

304.9-2. Prohibition of Roosters. An owner shall not keep a rooster on land zoned residential.

304.9-3. Limit on the Number of Hens Allowed. The number of hens an owner may keep is

dependent on the size of the residential lot.

(a) An owner may to keep up to four (4six (6) hens on a residential lot that is smaller than

two (2) acres in size or smaller.

(b) An owner may keep up to eight (8twelve (12) hens on a residential lot two (2) acres in

size or larger.

304.9-4. Standards for Keeping Hens. An owner shall keep hens in the following manner:

(a) No person shall keep a hen over eight (8) weeks of age in a principal structure.

(b) Hens shall be kept within a structure such as a coop or fenced area used exclusively to

keep hens and shall provide at least four (4) square feet of space per hen.

of any principal structure which is not owned by the person permitted to keep the hens.

(d) No accessory structure used to keep hens shall be located in a front or side yard.

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(e) All hens shall be kept and handled in a sanitary manner to prevent the spread of

communicable diseases amongst birds or to humans.

304.9-5. Prohibition of Nuisance Hens. No owner may keep hens that cause any other nuisance

associated with unhealthy conditions, create a public health threat, or otherwise interfere with the

normal use of property or enjoyment of life by humans or animals.

304.10. Prohibited Animals

304.10-1. No person shall bring into, keep, harbor, maintain, offer for sale or barter, act as a

custodian, have custody or control of, or release to the wild on the Reservation a prohibited animal.

304.10-2. Prohibited Animals. Prohibited animals includeThe Oneida Business Committee shall

provide through the followingadoption of a resolution which orders and families of animals,

whether bred in the wild or in captivity, and any or all hybrids. The animals listed are intended to

act as examples and are not to be construed as an exhaustive list or limitprohibited from being on

the generality of each group of animals, unless otherwise specified:Reservation.

(a) Class Mammalia.

(1) Order Chiroptera. This includes all bat species.

(2) Order Artiodactyla. This includes hippopotamuses, giraffes, camels, and deer,

but does not include domestic cattle, swine, sheep, goats, alpaca, and llama as

exotic animals.

(3) Order Carnivora.

(A) Family Felidae. This includes lions, tigers, cougars, leopards, ocelots,

and servals, but does not include domestic cats as exotic animals.

(B) Family Canidae. This includes wolves, wolf hybrids, coyotes, coyote

hybrids, foxes, and jackals, but does not include domestic dogs as exotic

animals.

(D) Family Mustelidae. This includes weasels, skunks, martins, and minks,

but does not include ferrets as exotic animals.

(E) Family Procyonidae. This includes raccoons, and coatis.

(F) Family Hyaenidae. This includes hyenas.

(G) Family Viverridae. This includes civets, genets, and mongooses.

(4) Order Edentatia. This includes anteaters, armadillos, and sloths.

(5) Order Marsupialia. This includes opossums, kangaroos, wallabies, and sugar

gliders.

(6) Order Perissodactyla. This includes rhinoceroses, and tapirs, but does not

include horses, goats, and mules as exotic animals.

(7) Order Primates. This includes lemurs, monkeys, chimpanzees, and gorillas.

(8) Order Proboscidae. This includes elephants.

(9) Order Rodentia. This includes squirrels, beavers, porcupines, and prairie dogs,

but does not include guinea pigs, rats, mice, gerbils, and hamsters as exotic animals.

(b) Class Reptilia.

(1) Order Squamata.

(A) Family Helodermatidae. This includes Gila monsters and Mexican

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beaded lizards.

(B) Family Varaidae. This includes any monitor lizard which will normally

grow over two feet in length.

does not include all other types of iguanas which are not green or rock

iguanas.

(D) Family Boidae. This includes all species whose adult length may

exceed eight (8) feet.

(E) Family Colubridae. This includes boomslangs and African twig

snakes.

(F) Family Elapidae. This includes coral snakes, cobras, and mambas.

(G) Family Nactricidae. This includes keelback snakes, but does not

include all other snakes not keelback.

(H) Family Viperidae. This includes copperheads, cottonmouths, and

rattlesnakes.

(2) Order Crocodilia. This includes crocodiles, alligators, caimans, and gavials.

(1) Order Falconiformes. This includes eagles, hawks, and vultures.

(2) Order Rheiformes. This includes rheas.

(3) Order Struthioniformes. This includes ostriches.

(4) Order Casuariiformes. This includes cassowaries and emus.

(5) Order Strigiformes. This includes owls.

(d) Class Arachnida.

(1) Order Scorpiones,

(A) Family Buthidae. This includes scorpions.

(2) Order Araneae,

(A) Family Theridadae. This includes the Argentina red widow spider,

brown widow spider, red-black widow spider, red widow spider, southern

black widow spider, and Western widow spider.

(B) Family Laxoscelidae, This includes the brown recluse spider.

(e) Class Chilopoda.

(1) Order Scolopendromorpha,

(A) Family Scolopendridae. This includes centipedes.

(f) Any Federal or State endangered or threatened species.

304.10-3. Prohibited Animals Exception. The prohibition of certain animals shall not apply to:

(a) Individuals who are eligible for any grandfather provisions included in this law’s

adopting resolution.

(b) A zoological park and/or sanctuary, an educational or medical institution, and/or a

specially trained entertainment organization who receives a permit from the

Environmental, Health, Safety, and Land Division to own, harbor or possess the prohibited

animal.

304.10-4. Prohibited Animal Permit. The Environmental, Health, Safety, and Land Division may

issue a prohibited animal permit if:

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(a) the animal and animal quarters are kept in a clean and sanitary condition and

maintained to eliminate objectionable odors; and

(b) the animal is maintained in quarters so constructed as to prevent its escape.

304.10-5. Release of Prohibited Animals. The Environmental, Health, Safety, and Land Division,

may approve a wildlife refuge and/or sanctuary to release prohibited animals within the

Reservation without applying for and receiving a prohibited animal permit.

304.10-6. Seizure of Prohibited Animals. An unpermitted prohibited animal may be seized by the

Oneida Police Department and/or the Oneida Conservation Department.

(a) A prohibited animal that is seized shall be held by the Oneida Police Department, the

Oneida Conservation Department, or its designee until it can be determined if the animal

is an endangered or threatened species.

(b) At any time after such identification, the Oneida Police Department and/or Oneida

Conservation Department may seek an order from the Trial Court as to the care, custody

and control of the animal.

violation of this section, the owner shall be responsible for reimbursing the Oneida Police

Department and/or the Oneida Conservation Department for the cost of holding the animal

and any costs incurred in identifying the animal.

304.10-7. Notice of Release or Escape. The owner of a prohibited animal that has been released

or escapes shall immediately notify the Oneida Police Department and/or the Oneida Conservation

Department and shall be liable for any cost of recapture of the animal.

304.10-8. Forfeiture of the Prohibited Animal. An owner found in violation of this section shall

forfeit or surrender the prohibited animal to the Oneida Police Department, Oneida Conservation

Department, or designee. Upon such forfeiture or surrender, the Trial Court may direct destruction

or transfer of the animal to a qualified zoological, educational, or scientific institution or qualified

private propagator for safekeeping, with costs assessed against the owner.

304.11. Dangerous Animals

304.11-1. Dangerous Animals. No person shall own, keep, possess, return to or harbor a dangerous

animal. An animal shall be presumed to be dangerous if the animal:

(a) approaches or chases a human being or domestic animal in a menacing fashion or

apparent attitude of attack;

(b) bites, inflicts injury, attacks, or otherwise endangers the safety of a human being or

domestic animal;

(d) has been declared to be a dangerous animal and/or ordered to be destroyed in any other

jurisdiction.

304.11-2. Dangerous Animal Determination. An Oneida Police Officer or Oneida Conservation

Warden may determine an animal to be dangerous whenever, upon investigation, the officer finds

that the animal meets the definition of dangerous animal provided in section 304.11-1.

(a) Upon making a determination that an animal is dangerous, the Oneida Police Officer

or Oneida Conservation Warden shall issue a written order with an accompanying citation

declaring the animal to be dangerous.

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(b) The citation and order shall be personally delivered to the apparent owner or custodian

of the dangerous animal.

the dangerous animal from the Reservation within three (3) business days.

304.11-3. Contesting a Dangerous Animal Determination. If the owner wishes to contest the

dangerous animal determination, he or she shall file with the Trial Court a written objection to the

order within three (3) business days of receipt of the order.

(a) The written objection shall include specific reasons for objecting to or contesting the

order. An owner may argue an animal should not be deemed dangerous due to the animal

biting, attacking or menacing any person and/or domestic animal because the animal was

acting to:

(1) defend its owner or another person from an attack by a person or animal;

(2) protect its young or another animal;

(3) defend itself against any person or animal which has tormented, assaulted or

abused it; and/or

(4) defend its owner’s property against trespassers.

(b) Pending the outcome of the hearing, the animal shall be securely confined in a humane

manner either on the premises of the owner or caretaker, or with a licensed veterinarian. If

confined on the premises of the owner or caretaker, the following requirements shall apply:

(1) Leash and Muzzle. No owner shall permit a dangerous animal to go outside its

kennel or pen unless the animal is securely restrained with a leash no longer than

four feet (4’) in length by a person who is at least sixteen (16) years of age who is

in physical control of the leash, competent to govern the animal and capable of

physically controlling and restraining the animal. The owner shall not leash an

animal to inanimate objects such as a tree, post, or building. When the animal is on

a leash outside the animal’s kennel, the owner shall muzzle the animal in a humane

way by a commercially available muzzling device sufficient to prevent the animal

from biting a person or other animal.

(2) Confinement. Except when leashed and muzzled the owner shall ensure the

dangerous animal is securely confined indoors or in a securely enclosed and locked

pen or kennel that is located on the premises of the owner and constructed in a

manner that does not allow the animal to exit the pen or kennel on its own volition.

The owner shall not permit an animal to be kept on a porch, patio, or in any part of

a house or structure on the premises of the owner that would allow the animal to

exit the building on its own volition. The owner shall not permit the animal to be

kept in a house or structure when the windows are open or when screen windows

or screen doors are the only obstacle preventing the animal from exiting the

structure.

(3) Signs. The owner of a dangerous animal shall display, in prominent places on

his or her premises near all entrances to the premises, signs in letters of not less

than two inches (2”) high warning that there is a dangerous animal on the property.

A similar sign shall be posted on the kennel or pen of the animal. In addition, the

owner shall conspicuously display a sign with a symbol warning children of the

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presence of a dangerous animal.

(4) Notification. The owner of a dangerous animal shall notify the Oneida Police

Department and/or the Oneida Conservation Department immediately if the animal

is at large, is unconfined, has attacked another animal, or has attacked a person.

animal pending a hearing, the animal may be impounded by the Oneida Police Officer or

Oneida Conservation Warden issuing the dangerous animal determination.

304.11-4. Dangerous Animal Determination Hearing. A hearing on the dangerous animal

determination shall be held within fourteen (14) days of submission of the written objection with

the Trial Court. At the hearing, the Trial Court shall determine whether the determination that the

animal is dangerous should be substantiated.

(a) If the Trial Court concludes that the determination that the animal is dangerous is

substantiated, then the Trial Court shall issue an order that mandates the animal be removed

from the Reservation within forty-eight (48) hours of the determination.

(1) The order shall contain the requirement that the owner notify the Oneida Police

Department within twenty-four (24) hours if the dangerous animal has been sold or

been given away. If the dangerous animal has been sold or given away, the owner

shall also provide the name, address and telephone number of the new owner of the

dangerous animal. If the dangerous animal is sold or given away to a person

residing outside the Reservation or to a person or entity that falls outside of the

jurisdiction of this law, the owner shall present evidence to the Oneida Police

Department showing that he or she has notified the police department or other law

enforcement agency of the animal's new residence, including the name, address and

telephone number of the new owner. The Oneida Police Department shall forward

all such notifications to the Environmental, Health, Safety, and Land Division

within a reasonable amount of time.

(b) The Trial Court may order a dangerous animal to be destroyed. If such an order is

issued, the Trial Court shall require the owner submit proof of destruction within five (5)

business days from a licensed veterinarian. If the owner does not satisfy these

requirements, an Oneida Police Officer and/or an Oneida Conservation Warden shall seize

the animal and enforce compliance at the cost of the owner.

restitution is appropriate.

304.11-5. Appeal of the Trial Court’s Decision. An appeal of the Trial Court’s decision on the

dangerous animal determination may be appealed to the Nation’s Court of Appeals.

(a) An appeal shall be submitted to the Court of Appeals within five (5) business days

from the date of the Trial Court’s decision.

(b) Upon an appeal to the Court of Appeals, the order to remove the animal from the

Reservation or any order to destroy an animal is stayed pending the outcome of the appeal.

604.11-6. Dangerous Animal Exception. The Trial Court may provide an exception to the

dangerous animal provisions of this law for a law enforcement or military animal upon

presentation by the animal’s owner or handler of a satisfactory arrangement for safe keeping of the

animal.

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304.12. Owner Liability

304.12-1. An owner shall be liable for damages caused by his or her domestic animal.

(a) First Offense. The owner is liable for the full amount of damages caused by the

domestic animal.

(b) Subsequent Offenses. The owner shall be liable for two (2) times the full amount of

damages caused by the domestic animal if the owner knew or should have known that the

domestic animal previously caused damages.

304.13. Enforcement of Violations

304.13-1. Citations. Citations for the violation of this law and/or orders issued pursuant to this

law may include fines, penalties and conditional orders in accordance with the fine, penalty, and

licensing fee schedule.

304.13-2. Citation Pre-Hearing. All citations shall include a pre-hearing date with the Trial Court

which shall be set for the next scheduled monthly prehearingpre-hearing date that is at least thirty

(30) days after the citation was issued, excluding. The act of contesting a dangerous animal

citations whichdetermination shall follow the process contained in section 304.11.

(a) Persons wishing to contest a citation shall appear at the prehearing, at which time the

Trial Court shall accept pleas which either contest or admit committing the act for which

the citation was issued.

(b) In addition to scheduling requested hearings, the Trial Court may also make conditional

orders at the prehearingpre-hearing which are effective until the matter is resolved.

304.13-3. Citation Hearing. The Trial Court shall schedule a hearing as expeditiously as possible,

provided that it shall be scheduled within ninety (90) days of the date of the prehearing, for all

persons entering a plea contesting the fact that they committed the act for which a citation was

issued.

304.13-4. Appeals of the Trial Court’s Determinations. Any person wishing to contest the

determination of the Trial Court may appeal to the Nation’s Court of Appeals in accordance with

the Rules of Appellate Procedure.

304.13-5. Fines. All fines shall be paid to the Trial CourtJudiciary. Cash shall not be accepted for

payment of fines. Money received from fines shall be contributed to the General Fund.

(a) Fines shall be paid within ninety (90) days after the order is issued or upheld on final

appeal, whichever is later. If the fine is not paid by this deadline, the Trial Court may seek

to collect the money owed through the Nation’s garnishment and/or per capita attachment

process.

(1) The ninety (90) day deadline for payment of fines may be extended if an

alternative payment plan is approved by the Trial Court.

(b) Community service may be substituted for part or all of any fine at the minimum wage

rate of the Nation for each hour of community service.

End.

Adopted - BC-03-13-96-B

3 O.C. 304 – Page 14

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Amended – BC-06-22-11-G

Amended – BC-06-28-17-B

Amended – BC-__-__-__-__

3 O.C. 304 – Page 15

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Oneida Nation

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155-0365

Onelda-nsn.g<>v

ONEIDA

1. _

Oneida Business Committee

~ ~ £\

David P . Jordan, LOC Chairperson~'-d{ - ('!"'~ ·

May 8, 2019

Amendments to the Domestic Animals Law

Please find the following attached backup documentation for your consideration of the proposed

amendments to the Domestic Animals law:

Resolution: Amendments to the Domestic Animals Law

Statement of Effect: Amendments to the Domestic Animals Law

Domestic Animals Law Amendments Legislative Analysis

Domestic Animals Law Amendments (Redline)

Domestic Animals Law Amendments (Clean)

Domestic Animals Law Amendments Law Fiscal Impact Statement

Overview

On September 19, 2018, the Legislative Operating Committee decided to pursue amendments to

the Nation's Domestic Animals law. The purpose of the Domestic Animals law is to protect the

health, safety, and welfare of the community by requiring cetiain basic measures to prevent the

spread of disease carried by domestic animals; set minimum standards for the treatment of animals;

prohibit certain species of animals from being brought onto the Reservation; regulate the keeping

of livestock on lots zoned residential within the Reservation; and establish consequences for

damages caused by domestic animals.

This resolution adopts the proposed amendments to the Domestic Animals law which will:

• Eliminate administrative rulemaking authority delegated to the Environmental, Health,

Safety, and Land Division and the Environmental Resource Board, and instead requires a

jointly developed fine, penalty, and licensing fee schedule to be adopted by resolution [3

o.c. 304.5-3};

• Eliminate administrative rulemaking authority delegated to the Environmental, Health,

Safety, and Land Division, the Emergency Management Coordinator, and the

Comprehensive Health Division, and instead require standard operating procedures to be

created related to disease investigations and quarantine [3 0. C. 304.5-4};

• Reduce the space requirements for dog kennels [3 0. C. 304. 6-2(c)(J)};

• Provide guidelines and requirements for tethering an animal [3 O.C. 304.6-3};

• Reduce the limit on the number of dogs and cats allowed in a residential household, but

allow those who wish to seek an additional animal over the limit the ability to apply for a

permit to do so [3 O.C. 304. 7-3};

Page 1 of 2

A good mind. A good heart. A strong fire.

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Amendments to the Domestic Animals Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Domestic Animals law (‘the Law”) was adopted by the Oneida Business Committee

through resolution BC-03-13-96-B, and the amended by resolutions BC-06-22-11-G, and

BC-06-28-17-B, and

WHEREAS,

the purpose of the Law is to protect the health, safety, and welfare of the community by

requiring certain basic measures to prevent the spread of disease carried by domestic

animals; set minimum standards for the treatment of animals; prohibit certain species of

animals from being brought onto the Reservation; regulate the keeping of livestock on lots

zoned residential within the Reservation; and establish consequences for damages caused

by domestic animals; and

WHEREAS,

the Legislative Operating Committee worked collaboratively with representatives from the

Oneida Environmental, Health, Safety, and Land Division, Oneida Comprehensive Health

Division – Community Health, Environmental Resource Board, Oneida Police Department,

and Oneida Law Office to develop the amendments to this Law; and

WHEREAS,

the amendments to the Law eliminate administrative rulemaking authority delegated to the

Environmental, Health, Safety, and Land Division and the Environmental Resource Board,

and instead requires a jointly developed fine, penalty, and licensing fee schedule to be

adopted by resolution; and

WHEREAS,

the amendments to the Law eliminate administrative rulemaking authority delegated to the

Environmental, Health, Safety, and Land Division, the Emergency Management

Coordinator, and the Comprehensive Health Division, and instead require standard

operating procedures to be created related to disease investigations and quarantine; and

WHEREAS,

the amendments to the Law reduce the space requirements for dog kennels so that the

requirements are more inline with commercially available kennels; and

WHEREAS,

the amendments to the Law provide guidelines and requirements for tethering an animal;

and

34 of 129

BC Resolution # _______

Amendments to the Domestic Animals Law

Page 2 of 3

WHEREAS,

the amendments to the Law reduce the limit on the number of dogs and cats allowed in a

residential household, but allow those individuals who wish to seek an additional animal

over the limit the ability to apply for a permit to do so; and

WHEREAS,

the amendments to the Law require a conditional use permit to keep hens on residential

lots, to be approved by the Oneida Land Commission; and

WHEREAS,

the amendments to the Law limit the number of hens allowed on a residential lot to between

six (6) and twelve (12) hens, depending on lot size; and

WHEREAS,

the amendments to the Law remove the prohibited animals list from the Law and instead

have the Oneida Business Committee adopt through resolution which animals are

prohibited from being on the Reservation; and

WHEREAS,

the amendments to the Law eliminate the separate “vicious animal” designation and

replace it with a single “dangerous animal” designation; and

WHEREAS,

the amendments to the Law update the process for the Oneida Police Department and

Conservation Department to declare an animal a dangerous animal; and

WHEREAS,

the amendments to the Law require animals declared “dangerous” to be removed from

the Reservation or euthanized, pending appeal; and

WHEREAS,

the amendments to the Law revise the timelines and requirements to contest a dangerous

animal designation; and

WHEREAS,

the amendments to the Law make other minor drafting revisions; and

WHEREAS,

in accordance with the Legislative Procedures Act a legislative analysis and fiscal impact

statement were completed for the amendments to the Law; and

WHEREAS,

a public meeting on the proposed amendments to this Law was held on March 11, 2019,

in accordance with the Legislative Procedures Act, and the public comment period was

held open until March 18, 2019; and

WHEREAS,

the Legislative Operating Committee accepted, reviewed, and considered the public

comments received on April 17, 2019.

NOW THEREFORE BE IT RESOLVED, that the amendments to the Domestic Animals law are hereby

adopted and shall be effective on May 22, 2019.

BE IT FURTHER RESOLVED, that Domestic Animals law Rule No. 1 – Licensing Fees, Fines and Penalties

is hereby repealed effective May 22, 2019.

BE IT FURTHER RESOLVED, that in accordance with section 304.7-3(a)(1) of the Law, a grandfather

provision shall apply to any person who, on the date these amendments become effective, are in

compliance with the Domestic Animals law adopted by resolution BC-06-28-17-B and who own, harbor or

possess more than two (2) dogs and/or three (3) cats and/or any combination of more than four (4) dogs

and cats, provided that all of such animals are properly licensed.

BE IT FINALLY RESOLVED, that in accordance with section 304.10-3(a) of the Law, a grandfather

provision shall apply to any person who, on the date these amendments become effective, are in

35 of 129

BC Resolution # _______

Amendments to the Domestic Animals Law

Page 3 of 3

compliance with the Domestic Animals law adopted by resolution BC-06-28-17-B and who own, harbor, or

possess a prohibited animal, provided that a prohibited animal permit was obtained.

36 of 129

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Amendments to the Domestic Animals Law

Summary

This resolution adopts amendments to the Domestic Animals law.

Submitted by: Clorissa N. Santiago, Staff Attorney, Legislative Reference Office

Date: April 25, 2019

Analysis by the Legislative Reference Office

The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council through

resolution GTC-01-07-13-A for the purpose of providing a process for the adoption of laws of the

Nation. [1 O.C. 109.1-1]. This resolution adopts amendments to the Domestic Animals law which

comply with all processes and procedures required by the LPA, including the development of a

legislative analysis, a fiscal analysis, and the opportunity for public review during a public meeting

and public comment period. [1 O.C. 109.6, 109.7, 109.8].

The Domestic Animals law was adopted by the Oneida Business Committee for the purpose of

protecting the health, safety, and welfare of the community by requiring certain basic measures to

prevent the spread of disease carried by domestic animals; setting minimum standards for the

treatment of animals; prohibiting certain species of animals from being brought onto the

Reservation; regulating the keeping of livestock on lots zoned residential within the Reservation;

and establishing consequences for damages caused by domestic animals. [3 O.C. 304.1-1].

The amendments to the Domestic Animals law will:

 Eliminate administrative rulemaking authority delegated to the Environmental, Health,

Safety, and Land Division and the Environmental Resource Board, and instead requires a

jointly developed fine, penalty, and licensing fee schedule to be adopted by resolution [3

O.C. 304.5-3];

 Eliminate administrative rulemaking authority delegated to the Environmental, Health,

Safety, and Land Division, the Emergency Management Coordinator, and the

Comprehensive Health Division, and instead require standard operating procedures to be

created related to disease investigations and quarantine [3 O.C. 304.5-4];

 Reduce the space requirements for dog kennels [3 O.C. 304.6-2(c)(1)];

 Provide guidelines and requirements for tethering an animal [3 O.C. 304.6-3];

 Reduce the limit on the number of dogs and cats allowed in a residential household, but

allow those who wish to seek an additional animal over the limit the ability to apply for a

permit to do so [3 O.C. 304.7-3];

 Require a conditional use permit to keep hens on residential lots, to be approved by the

Oneida Land Commission [3 O.C. 304.9-1];

Page 1 of 3

A good mind. A good heart. A strong fire.

37 of 129



Limit the number of hens allowed on a residential lot to between six (6) and twelve (12)

hens, depending on lot size [3 O.C. 304.9-3];

Remove the prohibited animals list from the Law and instead have the Oneida Business

Committee adopt through resolution which animals are prohibited from being on the

Reservation [3 O.C. 304.10-2];

Eliminate the separate “vicious animal” designation and replace it with a single “dangerous

animal” designation [3 O.C. 304.11];

Update the process for the Oneida Police Department and Conservation Department to

declare an animal a “dangerous animal” [3 O.C. 304.11-2];

Require animals declared “dangerous” to be removed from the Reservation or euthanized,

pending appeal [3 O.C. 304.11-2(c)]; and

Revise the timelines and requirements to contest a dangerous animal designation [3 O.C.

304.11-3].

Additional minor changes are made to the draft to update the language and ensure compliance with

drafting style and formatting requirements.

In accordance with the LPA, a public meeting on the proposed amendments to the Domestic

Animals law was held on March 11, 2019. Five (5) people attended the public meeting with no

one providing oral comments. The public comment period closed on March 18, 2019. The

Legislative Operating Committee received two (2) submissions of written comments during the

public comment period. All public comments received were accepted, reviewed, and considered

by the Legislative Operating Committee on April 17, 2019. Any changes made based on those

comments have been incorporated into this draft.

The resolution also repeals the Domestic Animals law Rule No. 1 – Licensing Fees, Fines and

Penalties. The amendments to the Law eliminate the joint administrative rulemaking authority

which was previously delegated to the Environmental, Health, Safety, and Land Division and the

Environmental Resource Board for the purpose of promulgating rules regarding a fine and penalty

schedule, a licensing fee schedule, and any other rules as necessary to enforce and implement this

law. Domestic Animals law Rule No. 1 – Licensing Fees, Fines and Penalties was promulgated

under this delegation of administrative rulemaking authority. Instead, the Law now requires the

Environmental, Health, Safety, and Land Division and the Environmental Resource Board to

jointly developed fine, penalty, and licensing fee schedule to be adopted by resolution. [3 O.C.

304.5-3].

The Administrative Rulemaking law provides that only authorized agencies who have been

granted rulemaking authority by a law of the Nation may promulgate rules. [1 O.C. 106.4-1]. Due

to the fact that the joint rulemaking authority delegated to the Environmental, Health, Safety, and

Land Division and the Environmental Resource Board was eliminated with the amendments to the

Law, the Environmental, Health, Safety, and Land Division and the Environmental Resource

Page 2 of 3

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A good mind. A good heart. A strong fire.

ONEIDA

38 of 129

Board are no longer authorized agencies who have been granted rulemaking authority under the

Administrative Rulemaking law. Therefore, Domestic Animals law Rule No. 1 – Licensing Fees,

Fines and Penalties is repealed by this resolution.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws.

Page 3 of 3

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ONEIDA

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Analysis to Draft 3

2019 05 01

AMENDMENTS TO

DOMESTIC ANIMALS LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

REQUESTER:

Environmental

Health, Safety and

Land Division

Intent of the

Amendments

Purpose

Affected Entities

SPONSOR:

Jennifer Webster

DRAFTER:

Clorissa N. Santiago

ANALYST:

Brandon Wisneski

 To eliminate rulemaking authority within the law and adopt changes to the

Domestic Animals Fine, Penalty and Licensing Fee schedule by BC Resolution;

 To place new guidelines and restrictions on the use of tethers;

 To lower the space requirements for dog kennels;

 To reduce the limit on number of dogs allowed on a residential lot from three

(3) to two (2);

 To reduce the limit on total number of cats and dogs allowed on a residential lot

from five (5) to four (4);

 To create a permit process for individuals who wish to own additional dogs or

cats above the limit;

 To require a conditional use permit to keep hens on residential lots, to be

approved by the Land Commission;

 To limit the number of hens allowed on a residential lot to between six (6) and

twelve (12) hens, depending on lot size;

 To update the process for the Oneida Police Department (OPD), Conservation

and the Judiciary to declare an animal a “Dangerous Animal”;

 To eliminate the separate “Vicious Animal” designation and replace it with a

single “Dangerous Animal” category;

 To revise the “Dangerous Animal” designation so that animals declared

“dangerous” must be removed from the reservation or euthanized, pending

appeal;

 To revise the timelines and requirements to request and hold a hearing to contest

Dangerous Animal declarations.

To protect the health, safety, and welfare of the community by requiring certain

basic measures to prevent the spread of disease carried by domestic animals; set

minimum standards for treatment of animals; prohibit certain species of animals

from being brought onto the Reservation; regulate the keeping of livestock on lots

zoned residential with in the Reservation; and establish consequences for damages

caused by domestic animals [3 O.C. 304.1-1].

 All tribal members, members of other federally recognized tribes, and the

Nation’s entities and corporations within the reservation; Individuals and

businesses leasing, occupying or otherwise using fee land owned by the Nation

or by individual Tribal members and/or lands held in trust; Any other

individuals who have consented to the jurisdiction of the Nation;

 Oneida Police Department; Oneida Environmental Health, Safety and Land

Division; Oneida Conservation Department; Oneida Environmental Resource

Board; Oneida Comprehensive Health Division, Oneida Land Commission;

Oneida Emergency Management Coordinator, Oneida Judiciary.

Page 1 of 12

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Analysis to Draft 3

2019 05 01

Affected

Legislation

Public Meeting

Garnishment law; Per Capita law; Rules of Appellate Procedure; Zoning and

Shoreland Protection law; Landlord-Tenant law; Hunting, Fishing and Trapping

law, Emergency Management and Homeland Security law.

A public meeting was held on March 11, 2019.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. The Domestic Animals law was first adopted by the Oneida Business Committee on March 13, 1996.

Domestic animals are animals commonly owned as household pets, including, but not limited to, dogs,

cats, guinea pigs, hamsters, rabbits, and turtles.

B. On September 13, 2018, representatives from the Environmental Health, Safety and Land Division,

Oneida Police Department, Oneida Community Health Services and Environmental Resources Board

submitted a memo to the Legislative Operating Committee in support of amending the Domestic

Animals law. The memo noted that the Domestic Animal law is needed to protect public health and

safety.

C. The LOC added the Domestic Animals Law to the Active Files List on September 19, 2018. Since that

time, a work group of representatives from Environmental Health Safety and Land Division, Oneida

Police Department, Oneida Community Health Services and Environmental Resources Board has met

to review the law and suggest amendments. Many of the proposed amendments reflect the feedback

and suggestions of this work group.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of this law

and legislative analysis or provided feedback: Oneida Environmental Health, Safety and Land Division,

Oneida Comprehensive Health Division – Community Health, Environmental Resource Board, Oneida

Police Department, Oneida Law Office, and Oneida Land Commission.

B. The following laws were reviewed in the drafting of this analysis: Garnishment law; Per Capita law;

Zoning and Shoreland Protection law; Landlord-Tenant law, Hunting, Fishing and Trapping law; Rules

of Appellate Procedure. In addition, the following domestic animal laws from other municipalities or

tribal nations were reviewed:

 City of Green Bay – Chapter 8 Public Health and Welfare

 City of De Pere – Chapter 86 Dogs and Other Animals

 City of Seymour – Chapter 6 Animals

 Village of Ashwaubenon – Chapter 4 Animals

 Village of Hobart – Chapter 102 Animals

 Village of Howard – Chapter 4 Animals

 Menominee Nation – Chapter 255 Animals

 Stockbridge-Munsee – Chapter 16 Public Peace and Good Order Ordinance

SECTION 4. PROCESS

A. Thus far, amendments to this law have followed the process set forth in the Legislative Procedures Act

(LPA).

B. The law was added to the Active Files List on September 19, 2018.

C. The following work meetings were held regarding the development of this law and legislative analysis:

 October 5, 2018: Work Meeting with Environmental Health, Safety and Land Division (EHSLD),

Comprehensive Health Division – Community Health Services (CHD-CHS), Oneida Police

Department (OPD), Environmental Resource Board (ERB), and Oneida Law Office.

 October 23, 2018: Work Meeting with EHSLD, CHD-CHS, OPD, ERB and Oneida Law Office.

 November 9, 2018: Work Meeting with EHSLD, OPD and CHD-CHS.

 December 13, 2018: Work Meeting with EHSLD, ERB and OPD.

Page 2 of 12

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Analysis to Draft 3

2019 05 01



December 19, 2018: LOC Work Meeting.

January 16, 2019: LOC Work Meeting

January 25, 2019: Work Meeting with EHSLD and OPD.

February 26, 2019: Work Meeting with EHSLD and OPD.

March 8, 2019: Work Meeting with EHSLD and OPD.

SECTION 5. CONTENTS OF THE LEGISLATION

A. Removal of Rulemaking for Fines, Penalties and Licensing Fee Schedule. The current Domestic

Animals Law grants rulemaking authority (in accordance with the Administrative Rulemaking Law) to

the Environmental Health, Safety and Land Division (EHSLD) and the Environmental Resource Board

(ERB) to develop rules to establish and maintain:

 A fine and penalty schedule, to set fine amounts for violations of the Domestic Animals law;

 A licensing and fee schedule, to set the cost for animal licenses and fees.;

 Other rules as necessary to enforce and implement this law.

Adoption of Fee Schedule by Oneida Business Committee Resolution. Under the proposed draft, this

rulemaking authority is eliminated. Instead, the fine, penalty, and licensing fee schedule will be

developed by EHSLD and ERB and then adopted by the Oneida Business Committee by resolution [3

O.C. 304.5-3].

Chart 1. Adopting Fine, Penalty and Licensing Fee Schedule - Comparison

Current Law

Proposed Law

How is Fee Schedule Administrative Rulemaking

Oneida Business Committee

Adopted?

Resolution

Who Develops the Fee EHSLD & ERB

EHSLD & ERB

Schedule?

Who Approves the Fee Oneida Business Committee

Oneida Business Committee

Schedule?

No, a public hearing and

Public Meeting

Yes, a public meeting and

comment period is not

Required?

comment period on the

required.

However,

the

proposed fee schedule is

proposed fee schedule was

required under the

included in the public

Administrative Rulemaking

materials

for

these

Law. Public notice of the

amendments.

hearing and consideration of

all comments received is

required.

Yes, the fee schedule is

Fee Schedule Discussed Yes, the fee schedule is

placed on the agenda of a

and Approved at an

placed on the agenda of a

Oneida Business

Business Committee Meeting Business Committee Meeting

for consideration. BC

Committee Meeting?

for consideration. BC

Agendas are noticed to the

public, and the public may

make comments at the BC

Meeting.



Current Status of Rule: Domestic Animals law Rule No. 1 – Licensing Fees, Fines and Penalties

became effective on 4/25/2018. This rule will need to be repealed upon adoption of this law due to

the elimination of the administrative rulemaking authority. In its place, the Business Committee

will need to adopt a resolution setting a new fine, penalty and licensing fee schedule for the

Domestic Animals law.

Page 3 of 12

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Analysis to Draft 3

2019 05 01

B. Removal of Rulemaking Authority for Disease Investigation and Quarantine Process. In addition,

the current Domestic Animals law grants rulemaking authority to EHSLD, Emergency Management

Coordinator and the Comprehensive Health Division to develop rules related to disease investigation

and quarantines. For example, an investigation of a dog that is suspected of rabies [3 O.C. 304.5-4].

 Adoption of Disease Investigation and Quarantine SOPs. Instead, these same entities will now

establish standard operating procedures (SOPs) regarding disease investigation and quarantines.

Chart 2. Adopting Disease Investigation & Quarantine Procedure – Comparison

Current Law

Proposed Law

How are disease

Administrative Rulemaking Standard Operating

investigation and

Procedures.

quarantine procedures

adopted?

EHSLD, Emergency

Who Develops the Disease

Management Coordinator

Investigation and

and Comprehensive Health

Quarantine Process?

Division.

Who Approves the Disease

Oneida Business Committee EHSLD, Emergency

Investigation and

Management Coordinator

Quarantine Process/

and Comprehensive Health

Division.

No, a public hearing and

Public Meeting Required?

Yes, a public meeting and

comment period is not

comment period on the

required.

proposed fee schedule is

required under the

Administrative Rulemaking

Law. Public notice of the

hearing and consideration of

all comments received is

required.

 Current Status of Rule: At the time this analysis was drafted, a rule for investigation and quarantine

procedures had not yet been adopted. However, both the current and proposed law include

procedures regarding quarantines for dog bites and district-wide quarantines [3 O.C. 304.7-6 & 77]. Upon adoption of these amendments, standard operating procedures will need to be developed.

C. Restrictions & Guidelines on Use of Tethers. These amendments add new restrictions on the use of

tethers. Under the current law, there are no restrictions on tethering.

 Under the proposed amendments, several new restrictions and guidelines for tethering are added [3

O.C. 304.6-3]:

o Tethers must be connected by a buckle type collar or body harness made of leather or nylon.

o Choke collars and prong collar head harnesses are prohibited.

o The tether must be at least twelve (12) feet long and allow the animal to move in all

directions.

o The total weight of the tether must not exceed ten percent (10%) of the animal’s body

weight.

 This is to ensure that the animal can move freely without being weighed down by

a heavy tether or chain.

o The animal must be tethered to prevent injury, strangulation, or entanglement and allow

the animal to access water and shelter.

o Animals that are sick, injured, or nursing cannot be tethered.

o Animals cannot be tethered on vacant property or land with an unoccupied dwelling.

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Animals cannot be tethered in a manner that allows them to cross onto public space, such

as a sidewalk, or property of others.

 What is Tethering? According to the Humane Society of the United States, “tethering” or

“chaining” refers to “the practice of fastening a dog to a stationary object and leaving them

unattended.” “Tethering is not meant to refer to an animal being walked on a leash or cases of

supervised, temporary tethering while an owner is present.” [Humane Society website, Chaining

and Tethering Dogs FAQ https://www.humanesociety.org/resources/chaining-and-tethering-dogsfaq].

o Why Can Tethering Be Harmful to Dogs? According to the Humane Society, tethered

dogs may suffer from “irregular feedings, overturned water bowls, inadequate veterinary

care, poor sanitary conditions and exposure to extreme temperatures and weather.” The

Humane Society also argues that tethering dogs may be a risk factor for dog bites and

attacks. The Humane Society states that “dogs tethered for long periods can become highly

aggressive… Dogs feel naturally protective of their territory and respond according to a

“fight or flight” instinct… A tethered dog, unable to “take flight,” resorts to attacking an

unfamiliar animal or person.” [https://www.humanesociety.org/resources/chaining-andtethering-dogs-faq].

o Tether Restrictions in Other States. According to the American Veterinary Medical

Association, as of April 2018, there were thirty-two (32) states that placed restrictions on

tethering animals. In addition, EHSLD identified over one hundred (100) municipalities

nationwide that either prohibit or limit the use of tethering.

o Tether Restrictions in Wisconsin. Research gathered by EHSLD identified two (2) other

Wisconsin municipalities that limit the use of tethering: Racine, WI and Linn, WI.

Neighboring municipalities such as the city of Green Bay and city of De Pere do not place

limits on tethers.

D. Dog Kennel Space Requirements. The space requirements for dog kennels under this law have been

reduced. The purpose of adjusting the space requirements is to better match the square-footage of

commercially available kennels. The following chart illustrates the changes in kennel space

requirements [ 3 O.C. 304.6-2(c)(1)]:

Chart 3. Comparison of Kennel Space Requirements.

Weight of the Dog

Current Law

Between 1 and 35 lbs

80 square feet

Between 36 and 75 lbs

100 square feet

76 lbs and greater

120 square feet

Proposed Law

60 square feet

80 square feet

100 square feet

E. New Limits on Number of Dogs and Cats. These amendments establish new limits on the number of

dogs and cats that may be kept in a residential household. A residential household is “a residential lot,

except for those residential lots designed as multi-family lots, in which each family unit within the lot

constitutes a separate household” [3 O.C. 304.3-1(l)].

 Limit on Number of Dogs. Under current law, up to three (3) dogs may be kept by a single

residential household. Under these proposed amendments, the limit on the number of dogs will be

lowered to two (2) [3 O.C. 304.7-3].

 Limit on Number of Cats. The limit on the number of cats in a residential household remains

unchanged at three (3) cats [3 O.C. 304.7-3].

 Limit on Total Number of Dogs & Cats Combined. The limit on the total number of dogs and cats

combined in a residential household has been lowered from five (5) dogs and cats combined to four

(4) dogs and cats combined.

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Chart 4. Limits on Maximum Number of Dogs and Cats Per Household.

Animals Per Household Current Law

Proposed Law

Number of Dogs

Number of Cats

Number of Dogs & Cats 5

Combined



Exceptions & Grandfather Clause [3 O.C. 304.7-3(a)].

o Grandfather Clause. The LOC will include a grandfather clause in the adopting resolution

for this law so that residential households who currently have more than two dogs or four

dogs and cats combined will be allowed to keep their animals.

o Other Exceptions. The restrictions on the number of dogs and cats do not apply to persons

who reside on a farm, or households keeping a litter of pups or kittens for up to five (5)

months from birth.

F. New Permit Process to Keep Additional Dogs or Cats. These amendments create a new permit process

for individuals who wish to keep more than two (2) dogs, three (3) cats, or four (4) dogs and cats

combined. For each additional dog or cat above the limit, the owner will apply for a permit from the

Environmental, Health, Safety and Land Division [3 O.C. 304.7-3(b)].

 Applying for Permit for Additional Dogs or Cats. The owner of the animal and the homeowner (if

different) must both sign the application. In addition, the owner must agree that if the household

receives two (2) or more nuisance complaints related to their animals within one (1) calendar year,

the owner must reduce the number of animals within thirty (30) days.

 Guidelines. The amendments do not include any guidelines regarding how EHSLD should

determine whether to grant a permit for an additional animal. EHSLD will have discretion to

approve or reject any applications above the limit.

G. Keeping Hens. These amendments add new restrictions and guidelines for keeping hens on a residential

lot, commonly known as “backyard hens.” Note that these restrictions do not apply to property zoned

agricultural, such as commercial farms [3 O.C. 304.9].

 Conditional Use Permits for Keeping Hens. These amendments alter the requirements for a

conditional use permit to keep hens on a residential lot. Currently, a permit is only required for

individuals keeping more than four (4) hens on their property. Now, anyone keeping a hen on their

property, even one hen, will be required to apply for a conditional use permit.

 Permits Issued by Land Commission Instead of Conservation. The conditional use permits for

keeping hens will now be issued by the Oneida Land Commission rather than the Conservation

Department. The Land Commission is already responsible for issuing conditional use permits for

livestock such are horses, cows, and pigs [3 O.C. 304.8]. This change is meant to consolidate

permits for hens and livestock in one place.

 New Limit on Number of Hens. Under the current law, there is no restriction on the number of

hens an owner may keep on their residential lot. These amendments place a new limit the number

of hens on a residential lot based on the size of the property:

o No more than six (6) hens on a property that is smaller than two acres in size.

o No more than twelve (12) hens on a property that is two acres in size or larger.

Chart 5. Limits on Number of Hens on Residential Lot

Property Size

Current Law

Less than 2 acres

No limit

Proposed Law

No more than 6 hens

Greater than 2 acres

No more than 12 hens

No limit

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Analysis to Draft 3

2019 05 01

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H. Move List of Prohibited Animals to BC Resolution. The current Domestic Animals law includes a list

of prohibited animals that cannot kept on the reservation. Rather than keep the list of animals in the

body of the law, the Oneida Business Committee will now adopt the list of prohibited animals by

resolution. The intent of this change is to provide greater flexibility in changing the list of prohibited

animals in the future [3 O.C. 304.10-2].

I. Seizure of Prohibited Animals. Under the current law, an unpermitted prohibited animal, such as a

wolf hybrid or large snake, may be seized by the Oneida Conservation Department or its designee. This

has been changed to state that the unpermitted exotic animal may be seized by the Oneida Police

Department and/or the Oneida Conservation Department [3 O.C. 304.10-6].

J. Declaring an Animal Dangerous & Removing Dangerous Animals from Reservation. Under the

current law, when a domestic animal, such as a dog, exhibits dangerous behavior, an Oneida Police

Officer or Conservation Warden may declare the animal “dangerous” or “vicious” based on the level

of behavior. Examples of this behavior include chasing, biting, and attacking another animal or person.

 Current Dangerous/Vicious Animal Process. The following describes the current process to

declare a dog “dangerous” or “vicious”:

o Dangerous Dog. If an animal is declared “Dangerous,” the owner may keep the dog if they

follow certain restrictions for leashing, muzzling, confinement, public signage,

microchipping, and liability insurance. If they are unwilling or unable to follow these

restrictions, the owner must remove the dog from the reservation or have it euthanized.

o Vicious Dog. If the animal is declared “Vicious,” the Trial Court will order the animal to

be removed from the reservation or destroyed.

o Determining Dangerous vs. Vicious. Under the current law, the difference between

whether a dog must be removed from the reservation or not can depend on minor details

that must be parsed out by the Trial Court. For example, if a dog bites and lacerates

someone, but the injury does not require stiches, then the dog is declared “dangerous”

instead of “vicious” and could potentially be kept on the reservation.

o Comparison to Neighboring Municipalities. A review indicates that unlike Oneida, most

neighboring municipalities do not have separate “dangerous” and “vicious” animal

designations. Instead, these municipalities have a single “dangerous animal” designation.

In addition, unlike Oneida, these neighboring municipalities do not allow dogs declared

“dangerous” to be kept within their boundaries.

 Elimination of Vicious Animal Designation. This law eliminates the “Vicious Animal”

designation and creates a single “Dangerous Animal” designation, with a requirement that any

animal declared “dangerous” must be removed from the reservation or destroyed, pending appeal

[3 O.C. 304.11].

o Effect. The effect is that owners will not be able to keep dogs declared dangerous on the

reservation. Eliminating the “Vicious Animal” designation and requiring all animals

declared “Dangerous” to be removed from the reservation or destroyed is intended to

increase public safety. This also places Oneida’s laws in line with neighboring

municipalities and simplifies the process for OPD, Conservation and the Trial Court.

Chart 6. Current Law – Dangerous & Vicious Animal Declaration Process

Dangerous Animal Declaration

Vicious Animal Declaration

- Approaches or chases a - An animal previously declared

Reasons an

dangerous not in compliance with

human being or domestic

Animal

requirements of the law.

animal in a menacing fashion

Declared

or apparent attitude of attack, - Has killed a domestic animal or pet

Dangerous or

without provocation on public or

without provocation, or;

Vicious

private property.

- Bites, inflicts injury, attacks,

or otherwise endangers the

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safety of a human being or domestic animal without

provocation.

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Without provocation, has inflicted

substantial bodily harm on a person

where substantial bodily harm

means a bodily injury that causes a

laceration that requires stitches, any

fracture of a bone, a concussion, a

loss or fracture of a tooth or any

temporary loss of consciousness,

sight or hearing.

- Is suspected, to be owned, trained

or harbored for the purpose of dog

fighting.

- Has been declared to be a vicious

animal and/or ordered to be

destroyed in any other jurisdiction.

Can the Owner YES, Owner can keep animal on NO, the Judiciary Trial Court will order

Keep the

the reservation if they comply with the animal to be removed from the

Animal on the

requirements for leash, muzzle, reservation or destroyed.

Reservation?

confinement, posting signs on

property, spay and neuter, liability

insurance, or microchipping. If the

owner is unwilling or unable to

comply, the animal must be

removed from the reservation or

euthanized.

*Exception: An animal may not be deemed dangerous if it bites, attacks, or menaces any

person or animal to defend its owner or another person from attack, protect its young or

another animal, or defend itself against any person or animal which has tormented, assaulted

or abused it.

Chart 7. Proposed Law: Dangerous Animal Declaration Process

Dangerous Animal Designation

Reasons Animal

- Approaches or chases a human being or domestic animal in a

Declared

menacing fashion or apparent attitude of attack;

Dangerous

- Bites, inflicts injury, attacks, or otherwise endangers the safety of a

human being or domestic animal;

- Is suspected to be owned, trained or harbored for the purpose of dog

fighting, and/or

- Has been declared to be a dangerous animal and/or ordered to be

destroyed in any other jurisdiction.

Can Owner Keep NO, the dangerous animal will be ordered removed from the reservation

the Animal?

within 3 business days.

YES, the owner may contest the dangerous animal declaration by filing

Opportunity to

a written objection with the Trial Court within 3 business days. The

Contest and

owner may appeal the Trial Court’s decision to the Appeals Court.

Appeal?

*Exception: An animal may not be deemed dangerous if it bites, attacks, or menaces any

person or animal to defend its owner or another person from attack, protect its young or

another animal, or defend itself against any person or animal which has tormented, assaulted

or abused it.

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K. Contesting Dangerous Animal Determination. Under the current law, owners whose dogs are declared

dangerous automatically receive a pre-hearing date with the Judiciary Trial Court with their citation.

The pre-hearing date is held at least thirty (30) days after the citation is issued [3 O.C. 304.11-3].

 Owner Must Request Hearing. Under the new law, individuals who wish to contest a dangerous

animal determination must file a written objection to the order within three (3) business days in

order to receive a hearing. If the owner does not file within three (3) business days, they will not

receive a hearing and must remove the animal.

 Date of Hearing. In addition, the hearing for the dangerous animal determination will now be held

by the Trial Court within 14 days of the written objection, rather than 30 days after the citation.

This is to ensure that hearings for dangerous animal are held quickly in the interest of public safety.

In addition, ERB explained that the original 30-day deadline was likely based on ERB’s hearing

schedule prior to hearing authority being transferred to the Oneida Judiciary.

 Keeping Dangerous Animal Pending Hearing & Appeals. Owners of a dangerous animal may

keep the animal on the Reservation pending the outcome of hearings and appeals, but only if the

animal is confined in accordance with the requirements in this law. These requirements include

leash, muzzle, secure confinement, signs warning of dangerous animal on the property, and

notifying OPD or Conservation if the animal is at large, unconfined, or attacks another animal or

person. If the owner is unable or unwilling to follow these requirements, the animal must be

removed from the reservation.

L. Citation Payments. The current law states that citations shall be paid to the Environmental Resource

Board (ERB) “or its designee.” This has been revised to state that fines will be paid to the Judiciary.

This is consistent with the transfer to hearing authority from ERB to the Trial Court [3 O.C. 304.13-5].

M. Minor Drafting Changes. Minor drafting and formatting changes have been made throughout the law

for clarity.

SECTION 6. EFFECT ON EXISTING LEGISLATION

A. References to Other Laws. The following laws of the Nation are referenced in the Domestic Animals

law. These amendments do not conflict with any of the referenced laws.

 Garnishment law. If a fine issued under this law is not paid by the deadline, the Trial Court may

seek to collect money owed through the Nation’s garnishment process [3 O.C. 304.13-5(a)].

 Per Capita law. If a fine issued under this law is not paid by the deadline, the Trial court may seek

to collect money owed through the Nation’s per capita attachment process. [3 O.C. 304.13-5(a)].

 Rules of Appellate Procedure. Anyone wishing to contest the determination of the Trial Court may

appeal to the Nation’s Court of Appeals in accordance with the Rules of Appellate Procedure. [3

O.C. 304.13-4].

B. Other Laws that Reference Domestic Animals. The following laws of the Nation reference the

Domestic Animals law. These amendments do not conflict with any of the referenced laws.

 Zoning and Shoreland Protection law. This law states that the raising or keeping of livestock in a

single-family residential district shall be in accordance with the Domestic Animals law [6 O.C.

604.7-2]. The law also states that setbacks for buildings relating to raising livestock shall be

consistent with the setbacks located in the Domestic Animals law [6 O.C. 604.7-2].

 Landlord Tenant law, Rules #1 & #2. These rules state that tenants in the Comprehensive Housing

Division’s general rental program may have pets in accordance with the Domestic Animals law [6

O.C. 611 – Rules #1 and #2].

 Hunting, Fishing and Trapping law. The purpose of the Hunting, Fishing and Trapping law is to

protect and conserve wildlife on the reservation. This law states that any animal that does not fall

into the “domestic animal” classification under the Domestic Animal Law is considered “wildlife”

for the purpose of the Hunting, Fishing and Trapping law [4 O.C. 406.3(dd)]. The Domestic

Animals law states that “domestic animals include, but are not limited to, dogs, cats, ferrets, rabbits,

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guinea pigs, turtles, birds, pigeons, hamsters, non-venomous reptiles, amphibians and arachnids but

does not include prohibited animals” [3 O.C. 304.5-1].

Emergency Management and Homeland Security law. The law states that the provisions of the

“Oneida Tribal Regulation of Domestic Animals Ordinance” shall not apply during a proclaimed

emergency. During a proclaimed emergency, the Conservation Department shall be responsible for

the care, disposal and sheltering of all abandoned animals and livestock. Under the Emergency

Management and Homeland Security Law, the Oneida Business Committee is responsible for

proclaiming the existence of an emergency [3 O.C. 302.8-4].

SECTION 7. EFFECTS ON EXISTING RIGHTS, PRIVILEGES, OR OBLIGATIONS

A. Right to Keep Dangerous Animals Within the Reservation. This law eliminates the separate

“dangerous” and “vicious” animal classifications, and instead combines them into a single “dangerous

animal” classification. Previously, if an animal was declared “dangerous” by OPD or Conservation, the

owner could keep the dangerous animal on the reservation if they complied with certain requirements.

Under these amendments, if an animal is declared dangerous and the declaration is uncontested by the

owner or upheld by the Judiciary, the owner will be required to remove the animal from the reservation

or have it euthanized.

B. Deadline to Contest Dangerous Animal Declaration. Under current law, an owner whose animal is

declared dangerous automatically receives a pre-hearing date with their citation. This hearing is held at

least 30 days from the date of citation. These amendments eliminate the automatic pre-hearing. Instead,

it is the owner’s responsibility to request a hearing within 3 business days of the citation in order to

receive a hearing.

C. Right to Keep More than 6-12 Hens on a Residential Lot. Currently, there is no restriction on the

number of hens an owner may keep on their residential lot. This law will limit the number of hens to

six (6) or twelve (12) hens per residential lot, depending on the lot size.

SECTION 8. ENFORCEMENT AND ACCOUNTABILITY

Enforcement. Oneida Police Officers and Conservation Wardens have the authority to investigate

complaints involving domestic animals; enforce provisions of this law through appropriate means,

including but not limited to seizing any animal that is taken, employed, used, or possessed in violation

of this law and/or mistreated, rabid or otherwise in danger or dangerous; issuing citations consistent

with the fine and penalty schedule developed in accordance with this law; and using force to stop an

immediate threat to public safety caused by an animal [3 O.C. 304.5-2].

SECTION 9. OTHER CONSIDERATIONS

A. Oneida Nation Domestic Animal Data. The following data is provided for information:

 Oneida Police Department Data. Between 12/6/2016 to 12/6/2018:

o Number of Animal Calls – 810

o Number of Animal Citations - 33

o Number of Animal Bites – 12

Source: Oneida Police Department, communication by email 12/6/2018

 Pet License Data. Between 1/3/2016 to 12/13/2018:

o Number of Pet Licenses Issued – 348

o Source: Oneida Environmental, Health Safety and Land Division, communication by email

12/13/2018.

B. Limits on Number of Animals - Comparison to Other Municipalities. The following comparisons to

other municipalities are provided for information.

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Chart 8. Comparison - Limit on Number of Dogs and Cats.

Municipality/Tribal Nation Maximum Number Maximum Number

of Dogs

of Cats

Oneida Nation (proposed)

City of Green Bay

City of De Pere

Village of Ashwaubenon

Village of Howard

n/a

Village of Hobart

n/a

Menominee Nation

n/a

Chart 9. Comparison - Limit on Number of Hens.

Municipality/Nation

Max # of Hens w/Permit

Oneida Nation (proposed)

Between 6-12, depending on

size of the lot

City of De Pere

City of Green Bay

Village of Ashwaubenon

Village of Howard

Between 4-8, depending on

size of the lot

Village of Hobart

C. Fine, Penalty and Licensing Fee Schedule. Upon adoption of these amendments, it will be necessary

for the Oneida Business Committee to repeal “Rule #1 – Licensing Fees, Fines and Penalties” and adopt

a new resolution setting the fines, penalties and licensing fees under this law. At the time this analysis

was drafted, EHSLD and ERB have developed an updated fine, penalty and licensing fee schedule for

LOC and BC consideration.

 Proposed Changes to Fine, Penalty and Licensing Fee Schedule. Proposed changes include

increasing the license fee for unaltered dogs and cats from $10 per year to $25 per year. License

fees for altered (spayed or neutered) dogs and cats remain unchanged at $5 per year. The intent of

this fee increase is to encourage owners to spay or neuter their dogs and cats. In additional, changes

were made to various fine amounts for violations of this law. For detailed information on these

changes, see the Fiscal Impact Statement and the proposed “Domestic Animals Law Fine, Penalty

and Licensing Fee Schedule” resolution included in the adoption materials for this law.

 Conclusion: The LOC intends to include an updated fine, penalty and licensing fee schedule

resolution with the adoption materials for these amendments. Whether to change any of these

amounts is a policy decision for the LOC and the Business Committee.

D. Permits for Additional Dogs and Cats. EHSLD will need to create an application process for

individuals who wish to keep additional dogs or cats in excess of the limit established in this law. This

law does not include guidelines for how EHSLD should approve or reject applications.

 City of Green Bay Example. The City of Green Bay has a similar permit process for additional dogs

and cats, and their application includes the following information: Veterinary records from the past

year and proof of current vaccinations, proof of current animal licenses, and a statement explaining

why the individual is seeking to keep extra animals. According to a local news report from 2018,

the city of Green Bay rarely turns down requests for a third dog.

 Conclusion. EHSLD should develop a standard operating procedure and application form for this

process. Since EHSLD will have its own discretion, a standard operating procedure will ensure

applications are handled uniformly.

E. Fiscal Impact. Please refer to the fiscal impact statement for any fiscal impacts.

 Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

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emergency legislation [Legislative Procedures Act 1 O.C. 109.6-1].

A fiscal impact statement shall be submitted by agencies as directed by the Legislative Operating

Committee and may be prepared by any agency who may receive funding if the legislation is

enacted; who may administer a program if the legislation is enacted; who may have financial

information concerning the subject matter of the legislation; or by the Finance Office, upon request

of the Legislative Operating Committee [Legislative Procedures Act 1 O.C. 109.6-1(a) and (b)].

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Title 3. Health and Public Safety - Chapter 304

DOMESTIC ANIMALS

K@tse>na Olihw@=ke

matters concerning the pet animals

304.1. Purpose and Policy

304.2. Adoption, Amendment, Conflicts

304.3. Definitions

304.4. Jurisdiction

304.5. Licensing, Authority, Investigation, Responsibilities and

Enforcement Powers

304.6. Requirements for Dogs and Cats

Treatment of Animals

304.7. Treatment of AnimalsDogs and Cats

304.8. Prohibited AnimalsLivestock

304.9. Regulation of LivestockHens

304.10. Dangerous Animals and ViciousProhibited Animals

304.11. Violations, Enforcement and AppealsDangerous Animals

304.12. Owner Liability

304.13. Enforcement of Violations

304.1.

Purpose and Policy

304.1-1. Purpose. The purpose of this law is to:

(a) protect the health, safety, and welfare of the community by requiring certain basic

measures to prevent the spread of disease carried by domestic animals;

(b) set minimum standards for the treatment of animals;

(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and

(e) establish consequences for damages caused by domestic animals.

304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the

community by:

(a) requiring certain basic measures to prevent the spread of disease carried by domestic

animals;

(b) establishing requirements for licensing domestic animals, and

304.2.

Adoption, Amendment, Repeal

304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B and

amended by resolutions BC-06-22-11-G and, BC-06-28-17-B., and BC-__-__-__-__.

304.2-2. This law may be amended or repealed by the Oneida Business Committee and/or

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

304.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity doesshall not affect other provisions of this law which are

considered to have legal force without the invalid portions.

304.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

304.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

304.3.

Definitions

304.3-1. This section governsshall govern the definitions of words and phrases used within this

law. All words not defined herein are toshall be used in their ordinary and everyday sense.

(a) “Court of Appeals” means the Nation’s Judiciary’s Court of Appeals, which is the

court of final appeal within the Nation.

(b) “District Quarantine” means a rabid or otherwise diseased Domestic Animaldomestic

animal is suspected or known to be within a discernible area and all such animals

reasonably suspected of being infected are subject to enforced isolation for a period of time

3 O.C. 304 – Page 1

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to limit or prevent the spread of disease or infection and during which time said animals

are tested for diseases, including rabies.

(b) “Domestic animals” means dogs, cats, ferrets, rabbits, guinea pigs, turtles, birds,

pigeons, hamsters, non-venomous reptiles, amphibians, and arachnids, and all other

animals commonly owned as household pets, provided that domestic animals specifically

excludes exotic animals as identified in section 304.8-2.

(d) “Hen” means a female chicken of the rules created pursuant to this laworder and family

gallus gallus domesticus.

(d) (e) “Husbandry practices” means accepted manner of managing resources, cultivating,

and caring for animals including the breeding, feeding, and tending of the animals.

(f) “Judiciary” means the Oneida Nation Judiciary, which is the judicial system that was

established by Oneida General Tribal Council resolution GTC-01-07-13-B to administer

the judicial authorities and responsibilities of the Nation.

(d) g) “Livestock” means any equine (i.e. horse, donkey, etc.), bovine (i.e. cow, steer,

heifer, etc.), sheep, goat, pig, or domestic fowl, including game fowl raised in captivity.

(e)h) “Nation” means the Oneida Nation.

(f) i) “Owner” means any person who owns, harbors, keeps, controls or acts as a caretaker

for an animal. Absent evidence of alternative adult ownership, this law presumes that

domestic animals are owned by the adult homeowner or renter.

(g) j) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to, the

confiscation of wildlife with return of the same at the discretion of the JudiciaryTrial Court

and restitution.

(h) k) “Reservation” means all the property within the exterior boundaries of the

Reservation of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida

7 Stat. 566, and any lands added thereto pursuant to federal law.

(i) (l) “Residential household” means a residential lot, except for those residential lots

designed as multi-family lots, in which each family unit within the lot constitutes a separate

household.

(m) “Tethering” means the act of fastening an animal to a stationary object while

unattended so that the animal can only range within a set radius. Tethering does not include

the use of a leash to walk an animal.

(n) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.

(o) “Quarantine” means the act of keeping an animal in enforced isolation for a period of

time to limit or prevent the spread of disease or infection and during which time said animal

is tested for diseases, including rabies.

(j) “Tribal member” means an enrolled member of the Nation.

304.4.

Jurisdiction

304.4-1. Personal Jurisdiction. This law applies to:

(a) All Tribal members of the Nation; the Nation’s entities and corporations; and members

of other federally-recognized tribes.;

3 O.C. 304 – Page 2

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(b) Individuals and businesses leasing, occupying or otherwise using fee land owned by

the Nation or by individual Tribal members of the Nation; and/or lands held in trust on

behalf of the Nation or individual Tribal members. of the Nation; and

consistent with federal law. For the purposes of this subsection, anAn individual shall be

considered to have consented to the jurisdiction of the Nation:

(1) By entering into a consensual relationship with the Nation, or with the Nation’s

entities, corporations, or Tribal members of the Nation, including but not limited to

contracts or other agreements; or

(2) By other facts which manifest an intent to consent to the authority of the Nation,

including failure to raise an objection to the exercise of personal jurisdiction in a

timely manner.

304.4-2. Territorial Jurisdiction. This law extends within the Reservation to all land owned by

the Nation and individual Tribal member trust and/or fee land of a member of the Nation.

304.5.

Authority

304.5-1. General. This law governs the keeping of all domestic animals which are commonly

owned as household pets. Domestic animals include, but are not limited to, dogs, cats, ferrets,

rabbits, guinea pigs, turtles, birds, pigeons, hamsters, non-venomous reptiles, amphibians, and

arachnids.

(a) Domestic animals do not include prohibited animals as identified by the prohibited

animals resolution provided for in section 304.10-2.

304.5-2. Authority of the Oneida Police Department. and Conservation Department. Oneida

Police Officers and Conservation Wardens shall have the authority to:

(a) investigate complaints involving domestic animals;

(b) enforce the provisions of this law through appropriate means, including but not limited

to:

(1) seizing any animal:

(A) that is taken, employed, used, or possessed in violation of this law;

and/or

(B) mistreated, rabid or otherwise in danger or dangerous.;

(2) issuing citations consistent with the fine and penalty schedule developed

according to section 304.5-2. in accordance with this law; and

(3) using force, up to and including lethal force, to stop an immediate threat to

public safety caused by an animal.

(A) Where lethal force is used, such execution shall be conducted in as

humane manner as possible and, to the extent feasible, avoids damage to the

animal’s head for the purpose of rabies testing.

304.5-2. General Rulemaking Authority.304.5-3. Fine, Penalty, and Licensing Fee Schedule.

The Environmental, Health and, Safety, and Land Division and the Environmental Resource Board

are hereby delegated joint rulemaking authority to establish and maintain:

(develop a) A fine and, penalty, and licensing fee schedule;

(b)

A. The fine, penalty, and licensing fee schedule; and shall be adopted by the Oneida

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304.5-4. 304.5-3.

Disease Investigation and Quarantine Rulemaking Authority.. The

Environmental, Health and, Safety, and Land Division, the Emergency Management Coordinator,

and the Comprehensive Health Division are hereby delegated joint rulemaking authority to

establish rulesstandard operating procedures related to disease investigations and quarantines.

304.5-5. 304.5-4.

Issuance of Licenses. The Environmental, Health and, Safety, and Land

Division shall make all decisions related to the issuance of a license and/or permit in accordance

with this law, unless otherwise noted.