Title 3. Health and Public Safety - Chapter 304

Tribal code

Ask Donna

What actually matters in this document.

Text

K@tse>na Olihw@=ke

matters concerning the pet animals

DOMESTIC ANIMALS

304.1.

304.2.

304.3.

304.4.

304.5.

304.6.

304.7.

Purpose and Policy

Adoption, Amendment, Conflicts

Definitions

Authority

Treatment of Animals

Dogs and Cats

Livestock

304.8. Hens

304.9. Prohibited Animals

304.10. Dangerous Animals

304.11. Owner Liability

304.12. Enforcement of Violations

304.1. Purpose and Policy

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

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

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

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

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

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

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

community by:

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

animals;

(b) establishing requirements for licensing domestic animals, and

304.2. Adoption, Amendment, Repeal

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

amended by resolutions BC-06-22-11-G, BC-06-28-17-B, BC-05-08-19-C, and BC-05-13-20-B.

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 This law may be amended or repealed by the Oneida Business Committee and/or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) “Abandon” means leaving behind a domestic animal at a location without providing

minimum care.

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

court of final appeal within the Nation.

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

3 O.C. 304 – Page 1

rabies.

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

(e) “Hen” means a female chicken of the order and family gallus gallus domesticus.

(f) “Husbandry practices” means accepted manner of managing resources, cultivating, and

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

(g) “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.

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

etc.), sheep, goat, pig.

(i) “Nation” means the Oneida Nation.

(j) “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.

(k) “Penalty” means a punishment, other than a fine, imposed on a person violating 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.

(l) “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.

(m) “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.

(n) “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.

(o) “Trial Court” means the Trial Court of the Oneida Nation Judiciary.

(p) “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. Authority

304.4-1. General. This law governs the keeping of all domestic animals which are commonly

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

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

arachnids.

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

animals resolution provided for in section 304.9-2.

304.4-2. 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

3 O.C. 304 – Page 2

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.

304.4-3. 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 through resolution.

304.4-4. 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.

304.4-5. 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.

304.5.

Treatment of Animals

304.5-1. 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.

304.5-2. 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.

3 O.C. 304 – Page 3

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.

(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.

304.5-3. Tethering. If a kennel or enclosed yard is not available, an owner may tether an

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

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

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

diameter than the animal’s neck or torso;

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

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

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

directions unimpeded;

weight;

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

the animal access to water and shelter;

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

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

dwelling; and

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

or property of others.

304.5-4. Mistreatment of Animals. No person shall treat any animal in a manner which causes

3 O.C. 304 – Page 4

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.

304.5-5. Abandonment. No person shall abandon any animal.

304.5-6. 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.

304.6. Dogs and Cats

304.6-1. License Required. An owner shall be required to obtain a license for any dog or cat five

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

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

31st of every year.

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

(1) the licensing fee; and

(2) proof of current rabies vaccination.

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

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

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

is:

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

animal is under control of its owner;

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

and/or

304.6-2. 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.

304.6-3. 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

3 O.C. 304 – Page 5

homeowner of the residential household if the homeowner 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.

304.6-4. 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.

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

304.6-5. 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.

304.6-6. 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

3 O.C. 304 – Page 6

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

and the tenth (10th) day; or

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

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

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

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

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

following shall occur:

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

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

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

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

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

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

304.6-7. District Quarantine. A district quarantine may be initiated by staff designated by the

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.

304.7. Livestock

304.7-1. An owner shall obtain a conditional use permit from the Oneida Land Commission in

order to keep livestock on land zoned residential.

304.7-2. Limitations on Livestock. Livestock kept on land zoned residential are subject to the

following limitations:

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

limited to, horses, cows, and pigs.

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

are not limited to, goats, and sheep.

requirements can be met.

304.7-3. 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.

304.8. Hens

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

3 O.C. 304 – Page 7

Commission in order to keep hens on land zoned residential.

304.8-2. Prohibition of Roosters. An owner shall not keep a rooster on land zoned residential.

304.8-3. 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 (6) hens on a residential lot that is smaller than two

(2) acres in size.

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

larger.

304.8-4. Standards for Keeping Hens. An owner shall keep hens in the following manner:

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

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

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

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

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

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

communicable diseases amongst birds or to humans.

304.8-5. 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.

304.9.

Prohibited Animals

304.9-1. 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.

304.9-2. 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.

304.9-3. 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.

304.9-4. Prohibited Animal Permit. The Environmental, Health, Safety, and Land Division may

issue a prohibited animal permit if:

(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.

304.9-5. 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.

304.9-6. Seizure of Prohibited Animals. An unpermitted prohibited animal may be seized by the

Oneida Police Department and/or the Oneida Conservation Department.

3 O.C. 304 – Page 8

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

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

is an endangered or threatened species.

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

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

and control of the animal.

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

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

and any costs incurred in identifying the animal.

304.9-7. 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.

304.10. Dangerous Animals

304.10-1. Dangerous Animals. No person shall own, keep, possess, return to or harbor a dangerous

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

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

apparent attitude of attack;

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

domestic animal;

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

jurisdiction.

304.10-2. 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 304.10-1.

(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.

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

of the dangerous animal.

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

304.10-3. 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

3 O.C. 304 – Page 9

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

presence of a dangerous animal.

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

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

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

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

Oneida Conservation Warden issuing the dangerous animal determination.

304.10-4. 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

3 O.C. 304 – Page 10

animal is dangerous should be substantiated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

within a reasonable amount of time.

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

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

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

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

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

restitution is appropriate.

304.10-5. 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.

604.10-6. 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.

304.11. Owner Liability

304.11-1. 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.

304.12. Enforcement of Violations

304.12-1. Citations. A citation for the violation of this law and/or orders issued pursuant to this

3 O.C. 304 – Page 11

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

licensing fee schedule. A citation for a violation of this law shall be processed in accordance with

the procedure contained in the Nation’s laws and policies governing citations.

(a) The act of contesting a dangerous animal determination shall follow the process

contained in section 304.10.

304.12-2. Fines. All fines as a result of a citation shall be paid to the Judiciary. Money received

from fines shall be contributed to the General Fund.

(a) 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

Amended – BC-06-22-11-G

Amended – BC-06-28-17-B

Amended – BC-05-08-19-C

Amended – BC-05-13-20-B

3 O.C. 304 – Page 12

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.