# Oneida Business Committee (2019)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A32e8cc254e4fd9bf

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

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ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room-2nd Floor Norbert Hill Center
May 1, 2019
9:00 a.m.
I.

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)

V.

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

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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
I.

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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V.

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.
(C) Family Ursidae. This includes all bears.
(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.
(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.
(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.
(c) Class Aves.
(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.
(c) Class Aves.
(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.

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~
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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

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304.1.
304.2.
304.3.
304.4.
304.5.
304.6.
304.7.

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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;
(c) prohibit certain species of animals from being brought onto the Reservation;
(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
(c) regulating the types of animals which may be kept as domestic animals.
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
(c) Individuals who have consented to the jurisdiction of the Nation or as otherwise
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.
(c) Space Standards. Enclosures shall be constructed and maintained so as to provide
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;
(c) the total weight of the tether does not exceed ten percent (10%) of the animal’s body
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.
(c) Placement of License Tag. Upon the receipt of a license the owner shall be provided a
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
(C) being shown during a competition.
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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(c) Whenever any impounded animal bears an identification mark, such as a collar with
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.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
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.
(c) One (1) goat or sheep per recorded lot under one-half (½) acre when setback
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.
(c) No accessory structure used to keep hens shall be located within twenty-five feet (25’)
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.
(C) Family Ursidae. This includes all bears.
(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.
(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.
(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.
(c) Class Aves.
(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.
(c) If the Trial Court finds the animal has been taken, employed, used or possessed in
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;
(c) is suspected to be owned, trained or harbored for the purpose of dog fighting; and/or
(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.
(c) Upon receipt of the written order and accompanying citation the owner shall remove
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.
(c) If an owner or caretaker fails to follow the requirements for harboring a dangerous
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.
(c) The Trial Court may mandate attendance at an additional Trial Court hearing if
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

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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:
1.
2.
3.
4.
5.
6.

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
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214

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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

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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

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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.

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

ONEIDA

39 of 129

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
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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
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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
Agendas are noticed to the
public, and the public may
public, and the public may
make comments at the BC
make comments at the BC
Meeting.
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
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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
EHSLD, Emergency
Who Develops the Disease
Management Coordinator
Management Coordinator
Investigation and
and Comprehensive Health
and Comprehensive Health
Quarantine Process?
Division.
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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Analysis to Draft 3
2019 05 01
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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)]:
o

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
3
2
Number of Cats
3
3
Number of Dogs & Cats 5
4
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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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 simpl

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A32e8cc254e4fd9bf. Public record. Not legal advice.