Oneida Business Committee (2019)

Tribal code

Ask Donna

What actually matters in this document.

Text

1 of 67

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room-2nd Floor Norbert Hill Center

January 16, 2019 9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. January 2, 2019 LOC Meeting Minutes (pg. 2)

2. January 7, 2019 LOC Special Meeting Minutes (pg.4)

III.

Current Business

1. Domestic Animals Amendments (pg. 5)

2. Children’s Code (pg. 55)

IV.

New Submissions

Additions

VI.

Administrative Updates

1. Oneida Personnel Commission Update (pg. 64)

VII.

Executive Session

VIII. Recess/Adjourn

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

2 of 67

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

January 2, 2019

9:00 a.m.

Present: Jennifer Webster, Kirby Metoxen, Ernest Stevens III, Daniel Guzman King

Excused: David P. Jordan

Others Present: Brandon Wisneski, Clorissa Santiago, Jennifer Falck, Kristen Hooker, Lee

Cornelius, Jackie Johnson

Call to Order and Approval of the Agenda

Kirby Metoxen called the January 2, 2019 Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Daniel Guzman King to approve the agenda; seconded by Jennifer Webster.

Motion carried unanimously.

II.

Minutes to be Approved

December 19, 2018 LOC Minutes

Motion by Jennifer Webster to approve the December 19, 2018 Legislative Operating

Committee meeting minutes and forward to the Oneida Business Committee for

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

III.

Current Business

1. Petition Scott Kosbab – Creating a Term Limits Law (1:47-2:27)

Motion by Jennifer Webster to accept the statement of effect for the Petition: Scott

Kosbab – Creating a Term Limits Law and forward to the Oneida Business Committee;

seconded by Ernest Stevens III. Motion carried unanimously.

2. Employee Protection Policy Amendments (2:29-3:30)

Motion by Jennifer Webster to accept the updated public comment review

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

Subsequent motion by Jennifer Webster to approve the fiscal impact statement

memorandum and forward to the Finance Department directing that a fiscal impact

statement of the proposed Whistleblower Protection law be prepared for inclusion on

the February 6, 2019 Legislative Operating Committee meeting agenda; seconded by

Ernest Stevens III. Motion carried unanimously.

3. Petition: G. Powless – Rescinding the Removal Law (3:35-4:4:14)

Motion by Jennifer Webster to accept the statement of effect for the Petition: G.

Powless – Rescinding the Removal Law and forward to the Oneida Business

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

r'\.

OOODDD=

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

Legislative Operating Committee Meeting Minutes of January 2, 2019

Page 1 of 2

ONEIDA

3 of 67

4. Oneida Personnel Commission Bylaw Amendments (4:20-10:15)

Motion by Ernest Stevens III to accept the Oneida Personnel Commission bylaw

amendments and forward to the Oneida Business Committee for consideration;

seconded by Daniel Guzman King. Motion carried unanimously.

IV.

New Submissions

1. General Welfare Exclusions Act – Income Exemptions (10:20-11:12)

Motion by Jennifer Webster add the General Welfare Exclusions Act – Income

Exemptions to the active files list and assign Jennifer Webster as the sponsor; seconded

Ernest Stevens III. Motion carried unanimously.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn the January 2, 2019 Legislative Operating

Committee meeting at 9:11 a.m.; seconded by Ernest Stevens III. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of January 2, 2019

Page 2 of 2

4 of 67

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

GDDDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE SPECIAL MEETING MINUTES

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

January 7, 2019

1:00 p.m.

Present: Kirby Metoxen, Ernest Stevens III, David P. Jordan

Excused: Jennifer Webster, Daniel Guzman King

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

Hooker, Lee Cornelius, Bonnie Pigman

Call to Order and Approval of the Agenda

David P. Jordan called the January 7, 2019 Legislative Operating Committee meeting to

order at 1:00 p.m.

Motion by Ernest Stevens III to approve the agenda; seconded by Kirby Metoxen. Motion

carried unanimously.

II.

Minutes to be Approved

III.

Current Business

1. Sanctions and Penalties Law (1:20-26:34)

Motion by Kirby Metoxen to approve the adoption packet for the proposed Sanctions

and Penalties Law and forward to the Oneida Business Committee for inclusion on the

tentatively scheduled February 24, 2019 General Tribal Council meeting agenda for

the General Tribal Council’s consideration of adoption; seconded by Ernest Stevens

III. Motion carried unanimously.

IV.

New Submissions

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn the January 7, 2019 Legislative Operating Committee

meeting at 1:26 p.m.; seconded by Ernest Stevens III. Motion carried unanimously.

r'\.

OOODDD=

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

Legislative Operating Committee Meeting Minutes of January 7, 2019

Page 1 of 1

ONEIDA

5 of 67

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

January 16, 2019

Domestic Animals Law Amendments

Submission Date: 9/19/18

LOC Sponsor: Jennifer Webster

Public Meeting: n/a

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. 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, and determine the next steps for

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

Next Steps:

▪ Accept the draft and the legislative analysis of the amendments to the Domestic Animals law and

defer to a work meeting for further consideration.

Page 1 of 1

6 of 67

Draft 1

2019 01 16

Title 3. Health and Public Safety - Chapter 304

DOMESTIC ANIMALS

K@tse>na Olihw@=ke

matters concerning the pet animals

304.1. Purpose and Policy

304.2. Adoption, Amendment, Conflicts

304.3. Definitions

304.4. Jurisdiction

304.5. Licensing, Authority, Investigation, Responsibilities and

Enforcement Powers

304.6. Requirements for Dogs and Cats

Treatment of Animals

304.7. Treatment of AnimalsDogs and Cats

304.8. Prohibited AnimalsLivestock

304.9. Regulation of LivestockHens

304.10. Dangerous Animals and ViciousProhibited Animals

304.11. Violations, Enforcement and AppealsDangerous Animals

304.12. Owner Liability

304.13. Enforcement of Violations

Purpose and Policy

304.1.

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

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

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

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

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

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

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

community by:

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

animals;

(b) establishing requirements for licensing domestic animals, and

304.2.

Adoption, Amendment, Repeal

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

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

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

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

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

be held as invalid, such invalidity does 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.

Definitions

304.3.

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

not defined herein are to be used in their ordinary and everyday sense.

(a) “District Quarantine” means a rabid or otherwise diseased Domestic Animaldomestic

animal is suspected or known to be within a discernible area and all such animals

reasonably suspected of being infected are subject to enforced isolation for a period of time

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

are tested for diseases, including rabies.

3 O.C. 304 – Page 1

7 of 67

Draft 1

2019 01 16

(b) “Domestic animals” means dogs, cats, ferrets, rabbits, guinea pigs, turtles, birds,

pigeons, hamsters, non-venomous reptiles, amphibians, and arachnids, and all other

animals commonly owned as household pets, provided that domestic animals specifically

excludes exotic animals as identified in section 304.8-2.

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

the rules created pursuant to this law..

(d) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Nation.

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

etc.), sheep, goat, pig, or domestic fowl, including game fowl raised in captivity.

(e) “Nation” means the Oneida Nation.

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

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

confiscation of wildlife with return of the same at the discretion of the JudiciaryTrial Court

and restitution.

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

of the Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566,

and any lands added thereto pursuant to federal law.

(i(i) “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.

(j) “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-01-07-13B to administer the judicial authorities and responsibilities of the Nation.

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

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

is tested for diseases, including rabies.

(j) “Tribal member” means an enrolled member of the Nation.

304.4.

Jurisdiction

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

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

of other federally-recognized tribes.

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

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

behalf of the Nation or individual Tribal members of the Nation.

consistent with federal law. For the purposes of this subsection, anAn individual shall be

3 O.C. 304 – Page 2

8 of 67

Draft 1

2019 01 16

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

considered to have consented to the jurisdiction of the Nation:

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

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

contracts or other agreements; or

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

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

timely manner.

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

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

304.5.

Authority

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

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

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

arachnids.

(a) Domestic animals do not include prohibited exotic animals as identified in section

304.10-2.

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

Police Officers and Conservation Wardens shall have the authority to:

(a) investigate complaints involving domestic animals;

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

to:

(1) seizing any animal:

(A) that is taken, employed, used, or possessed in violation of this law;

and/or

(B) mistreated, rabid or otherwise in danger or dangerous.;

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

according to section 304.5-2. in accordance with this law; and

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

public safety caused by an animal.

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

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

animal’s head for the purpose of rabies testing.

304.5-2. General Rulemaking Authority.304.5-3. Fine, Penalty, and Licensing Fee Schedule.

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

are hereby delegated joint rulemaking authority to establish and maintain:

(develop a) A fine and, penalty, and licensing fee schedule;

(b)

A. The fine, penalty, and licensing fee schedule; and shall be adopted by the Oneida

Business Committee by resolution.

304.5-4. 304.5-3.

Disease Investigation and Quarantine Rulemaking Authority.. The

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

and the Comprehensive Health Division are hereby delegated joint rulemaking authority to

3 O.C. 304 – Page 3

9 of 67

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

Draft 1

2019 01 16

establish rulesstandard operating procedures related to disease investigations and quarantines.

304.5-5. 304.5-4.

Issuance of Licenses. The Environmental, Health and, Safety, and Land

Division shall make all decisions related to the issuance of a license and/or permit in accordance

with this law, unless otherwise noted.

304.6.

Treatment of Animals

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

water sufficient to maintain the animal in good health.

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

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

animal from injury and to contain the animal.

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

the following:

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

compatible with the health of the animal.

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

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

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

the following:

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

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

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

fencing used to confine livestock.

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

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

health of the animal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3 O.C. 304 – Page 4

10 of 67

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

Draft 1

2019 01 16

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.

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

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

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

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

diameter than the animal’s neck or torso;

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

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

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

directions unimpeded;

weight;

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

the animal access to water and shelter;

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

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

dwelling; and

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

or property of others.

304.6-4. Mistreatment of Animals. No person may 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.

304.6.

Requirements for Dogs and Cats

304.7-1. 304.6-1.

License Required. An annual An owner shall be required to obtain a license

is required to keepfor any dog or cat over five (5) months of age. or older on an annual basis.

3 O.C. 304 – Page 5

11 of 67

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

Draft 1

2019 01 16

(a) License Period. The license year commencesshall commence on January 1st and

endsend 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.

(b) (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 collar and shall require the animal wear the collar at all times, provided that this

requirement does not apply to dogs or cats:.

(1)

(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

(2)

fenced area; and/or

(3)

C) being shown during a competition.

304.67-2. Rabies Vaccinations Required. RabiesAn owner shall be required to obtain a rabies

vaccination is required 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

landowner of the residential household if the landowner 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

3 O.C. 304 – Page 6

12 of 67

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

Draft 1

2019 01 16

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.

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

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

nuisance if the actions of the dog or cat:

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

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

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

animal running at large.

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

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

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

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

vaccinations.

(2) Ensure all information provided is correct.

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

notification of the domestic animal bite.

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

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

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

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

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

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

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

the owner shall present the domestic animal for examination by a

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

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

and the tenth (10th) day; or

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

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

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

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

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

following shall occur:

3 O.C. 304 – Page 7

13 of 67

294

295

296

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

Draft 1

2019 01 16

(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.

6-3(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 in accordance with the

quarantine rules and may be initiated by by staff designated by the Environmental, Health and,

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 Quarantinedistrict 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 Quarantinequarantine.

(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.

304.6-4.

Dogs and Cats Running at Large. It is unlawful for any dog or cat

304.8. Livestock

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

order to keep livestock on land zoned residential.

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

following limitations:

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

limited to, horses, cows, and pigs.

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

are not limited to, goats, and sheep.

requirements can be met.

304.8-3. Liability for Damage Caused by Livestock. 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.

owner to permit the animal to be at any place except upon the premises of the owner, unless it is

crated, penned, or on a leash under the control of a person physically able to control the animal.

In addition, a nuisance dog or cat may be picked up by Oneida Police Officers or Oneida

Conservation Wardens. For the purposes of this law, a nuisance dog or cat is one whose actions

result in two (2) or more verified disturbances due to excessive barking and/or running loose or

one (1) or more verified disturbance due to threatening behavior by a loose dog or cat.

(a) Stray dogs and cats shall be referred to the Oneida Police Department or Oneida

Conservation Department.

(b) Whenever any Oneida Police Officer, Oneida Conservation Warden, or other person

designated by the Chief of Police finds any dog or cat running at large, the officer/warden

3 O.C. 304 – Page 8

14 of 67

Draft 1

2019 01 16

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

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.

304.9. Hens

304.9-1.6-5. Limit on Number of Dogs and Cats. Except as provided in (a), no more than three

(3) dogs or three (3) cats; and a total of no more than five (5) dogs and cats combined; may be kept

or possessed by a single residential household. For the purposes of this law, each residential lot,

excluding residential lots designed as multi-family lots, constitutes a separate residential

household. In cases of multi-family lots, each family unit within the lot constitutes a separate

household.

(a)

Exception. 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. An owner shall not

keep a rooster on land zoned residential.

304.9-2. Limit on the Number of Hens Allowed. The limit on the number of dogs and cats

a person may keep or possess does not apply to those persons who:

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

resolution(s);

(2) keep or possess a litter of pups or kittens or a portion of a litter for a period not

exceeding five (5) months from birth; and/or

(3) residehens an owner may keep is dependent on a farm.

304.7.

Treatment of Animals

304.7-1. Food and Water. No owner may refuse or neglect to provide an animal with a daily

supply of food and water sufficient to maintain the animal in good health.

304.7-2. Shelter.

(a) Minimum indoor standards of shelter:

(1) The ambient temperature shall be compatible with the health of the animal.

(2) Indoor housing facilities shall be adequately ventilated by natural or mechanical

means to provide for the health of the animals at all times.

(b) Minimum outdoor standards of shelter:

(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 farm animals.

(2) Natural or artificial shelter appropriate to the local climatic conditions for the

species concerned shall be provided as necessary for the health of the animal.

(3)

If a dog is tied or confined unattended outdoors under weather conditions which

adversely affect the health of the dog, a weather appropriate shelter of suitable the size to

accommodate the dog shall be providedof the residential lot.

(c)Space(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

3 O.C. 304 – Page 9

15 of 67

Draft 1

2019 01 16

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

larger.

304.9-3. Standards. Minimum space requirements for both indoor and outdoor enclosures:

(1) The housing facilitiesKeeping Hens. An owner shall be structurally sound and

maintainedkeep hens in good repair to protect the animals from injury and to

contain the animals.

(2)

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. Specifically, 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 kennelmanner:

DOG SIZE (LBS)

REQUIRED BASE KENNEL

SPACE

REQUIRED ADDITIONAL

KENNEL SPACE PER

ADDITIONAL DOG

1-35 lbs

36-75 lbs

76 lbs or more

80 Sq. Ft.

100 Sq. Ft.

120 Sq. Ft.

12 Sq. Ft.

18 Sq. Ft.

24 Sq. Ft.

(d) Sanitation Standards. Minimum standards of sanitation for both indoor and outdoor

enclosures require excreta to be removed within twenty-four (24) hours of its deposit. In

the case of farm animals, nothing in this section shall be construed as imposing shelter

requirements or standards more stringent than normally accepted husbandry practices.

304.7-3. Mistreatment of Animals. No person may 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.

304.7-4. Criminal Reporting. In addition to taking civil action under this law, any employee of

the Nation shall report animal mistreatment to the Oneida Police Department.

304.8.(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.

304.9-4. 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.

3 O.C. 304 – Page 10

16 of 67

Draft 1

2019 01 16

417

418

419

420

421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

304.10. Prohibited Animals

304.8-1. Prohibited Animals. 304.10-1. No person mayshall 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 an exotica prohibited animal.

304.810-2.

ExoticProhibited Animals. TheProhibited animals include the following orders and

families, whether bred in the wild or in captivity, and any or all hybrids are defined as “Exotic

Animals”. . The animals listed in parentheses 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 (Any . This includes all bat species).

(2) Order Artiodactyla, (Hippopotamuses. This includes hippopotamuses, giraffes,

camels, and deer) Excluding, but does not include domestic cattle, swine, sheep,

goats, alpaca, and llama as exotic animals.

(3) Order Carnivora.

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

ocelots, and servals) Excluding, but does not include domestic cats as

exotic animals.

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

coyote hybrids, foxes, and jackals) Excluding, but does not include

domestic dogs as exotic animals.

(D) Family Mustelidae. (WeaselsThis includes weasels, skunks, martins,

and minks) Excluding, but does not include ferrets as exotic animals.

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

(F) Family Hyaenidae. (Hyenas)This includes hyenas.

(G) Family Viverridae (Civets.

This includes civets, genets, and

mongooses).

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

(5) Order Marsupialia. (OpossumsThis includes opossums, kangaroos, wallabies,

and sugar gliders).

(6) Order Perissodactyla. (Rhinoceroses,This includes rhinoceroses, and tapirs)

Excluding, but does not include horses, goats, and mules as exotic animals.

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

gorillas).

Order Proboscidae. (Elephants)This includes elephants.

(8)

(9)

Order Rodentia. (SquirrelsThis includes squirrels, beavers, porcupines,

and prairie dogs) Excluding, 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 Monstersmonsters and

Mexican beaded lizards).

3 O.C. 304 – Page 11

17 of 67

460

461

462

463

464

465

466

467

468

469

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

Draft 1

2019 01 16

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

normally grow over two feet in length).

iguanas, all others allowed)but does not include all other types of iguanas

which are not green or rock iguanas.

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

exceed eight (8) feet).

(E) Family Colubridae. (BoomslangsThis includes boomslangs and

African twig snakes).

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

mambas).

(G) Family Nactricidae. (OnlyThis includes keelback snakes, all others

allowed)but does not include all other snakes not keelback.

(CopperheadsThis includes copperheads,

(H) Family Viperidae.

cottonmouths, and rattlesnakes).

(2) Order Crocodilia. (CrocodilesThis includes crocodiles, alligators, caimans,

and gavials).

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

(2) Order Rheiformes. (Rheas)This includes rheas.

(3) Order Struthioniformes. (Ostriches)This includes ostriches.

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

(5) Order Strigiformes. (Owls)This includes owls.

(d) Class Arachnida.

(1) Order Scorpiones,

(A) Family Buthidae. This includes scorpions.

(A) Arabian fat-tailed scorpion – Androctonus crassicauda

(B) Arizona centruroides scorpion – Centruroides exilicauda

(D) Egyptian yellow scorpion – Androctonus Amoreuxi

(E) Israeli black scorpion – Hottentotta judaicus

(F) S.A. giant fat-tailed scorpion – Parabuthus transvaalicus

(G) Sinai desert scorpion – Androctonus bicolor

(H) Yellow desert scorpion – Androctonus Australia

(2) Order Araneae,

(A) Family Theridadae.

(A) This includes the Argentina red widow spider – Latrodetus coralinus

(B) Brown, brown widow spider – Latrodectus geometicus

(D) Red widow spider – Lactrodectus bishop

(E) Southern, red widow spider, southern black widow spider –

Lactrodectus mactans

(F)

, and Western widow – Lactrodectus Hesperusspider.

3 O.C. 304 – Page 12

18 of 67

503

504

505

506

507

508

509

510

511

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

Draft 1

2019 01 16

(3)

Order Araneae,(B) Family Laxoscelidae, BrownThis includes the

brown recluse spider – Loxosceles reclusa.

(e) Class Chilopoda.

(1) Order Scolopendromorpha,

(A) Family Scolopendridae. This includes centipedes.

(A) Amazon giant banded centipede – Scolopendra giganea

(B) Arizona tiger centipede – Scolopendra virdis

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

304.810-3.

This section doesProhibited 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(s).(.

(b) Zoological parksA zoological park and/or sanctuary, an educational or medical

institution, and/or a specially trained entertainment organizationsorganization who

receivereceives a permit from the Oneida Conservation Department Environmental,

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

animal.

(1)

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

Land Division may issue a prohibited animal permit under this section if:

(A)

a) the animalsanimal and animal quarters are kept in a clean and sanitary

condition and maintained to eliminate objectionable odors; and

(B)

b) the animals areanimal is maintained in quarters so constructed as to prevent

theirits escape.

(2) If approved by the Oneida Conservation Department, wildlife

refuges/sanctuaries may release 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 permit as otherwise required under this Section.

304.8-4.

Seized Animals. Any animal seized as 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 that animal is identified to ascertain

whetherit can be determined if the animal is an “endangered or threatened species”

pursuant applicable laws..

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

Conservation Department may seek an order from a hearing body the Trial Court as to the

care, custody and control of the animal. The Oneida Conservation Department may also

request the defendant to post a bond in an amount sufficient to satisfy the costs of holding,

housing and/or caring for the animal.

possessed in violation of this section, the owner shall be responsible for reimbursing the

3 O.C. 304 – Page 13

19 of 67

546

547

548

549

550

551

552

553

554

555

556

557

558

559

560

561

562

563

564

565

566

567

568

569

570

571

572

573

574

575

576

577

578

579

580

581

582

583

584

585

586

587

588

Draft 1

2019 01 16

Oneida Police Department and/or the Oneida Conservation Department for the cost of

holding the animal and any costs incurred in identifying the animals shall be assessed

against the defendantanimal.

304.8-510-7. Notice of Release or Escape. If an animal identified asThe owner of a prohibited

under this section isanimal that has been released or escapes, the owner of the animal shall

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

and/or the Oneida Police Department and shall be liable for any cost of recapture of the animal.

304.10-8-6. Forfeiture of the Prohibited Animal. AnyoneAn 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 Judiciary 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

defendantowner.

Regulation of Livestock

304.9.

304.9-1. Livestock may only be kept on land zoned residential if a conditional use permit is

received from the Oneida Land Commission, however, not in excess of 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.

304.9-2. Liability for Damage Caused by Livestock. 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.

304.9-3. Hens. A permit from the Oneida Conservation Department, based on the rules it shall

develop, is required in order to keep an excess of four (4) hens. Roosters may not be kept.

(a) Persons keeping hens shall keep them in the following manner:

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

(2) 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 per chicken.

(3) No accessory structure used to keep hens may be located within twenty-five

feet (25’) of any principal structure which is not owned by the person licensed to

possess the hens.

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

(b) In addition to compliance with the requirements of this section, no person may keep

hens that cause any other nuisance associated with unhealthy condition, create a public

health threat or otherwise interfere with the normal use of property or enjoyment of life by

humans or animals.

304.1011.

304.1011-1.

Dangerous Animals

Classifying Dangerous Animals. Owners of animals meeting the definition ofNo

3 O.C. 304 – Page 14

20 of 67

589

590

591

592

593

594

595

596

597

598

599

600

601

602

603

604

605

606

607

608

609

610

611

612

613

614

615

616

617

618

619

620

621

622

623

624

625

626

627

628

629

630

631

Draft 1

2019 01 16

person shall own, keep, possess, return to or harbor a dangerous animal shall comply with the

requirements contained in section 304.10-2 for harboring dangerous animals.

(a)

For the purposes of this law, an. An animal isshall be presumed to be dangerous if itthe

animal:

(1a) approaches or chases a human being or domestic animal in a menacing fashion or

apparent attitude of attack, without provocation; or;

(2b) bites, inflicts injury, attacks, or otherwise endangers the safety of a human being or

domestic animal without provocation.;

(b) An animal may not be deemed a dangerous animal if it bites, attacked or menaces any

person or animal to:

(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.

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

of the dangerous animal.

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

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

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

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

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

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

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

acting to:

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

(2) protect its young or another animal;

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

abused it; and/or

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

declare an animal dangerous, provided that, a citation for a violation of this section may be

issued without having previously received such a declaration.

(d) An owner of an animal declared to be dangerous may appeal such declaration in

accordance with section 304.12-2. All requirements for harboring dangerous animals in

section 304.10-2 except subsections (d)-(f) apply to the animal pendingb) Pending the

outcome of the hearing unless specifically stayed by, the animal shall be securely confined

in a humane manner either on the Judiciary.

3 O.C. 304 – Page 15

21 of 67

632

633

634

635

636

637

638

639

640

641

642

643

644

645

646

647

648

649

650

651

652

653

654

655

656

657

658

659

660

661

662

663

664

665

666

667

668

669

670

671

672

673

674

Draft 1

2019 01 16

304.10-2. Harboring Dangerous Animals. No person may harbor or keep a dangerous

animal within premises of the Reservation unless all provisions of this section are complied

with. Any animal that is determined to be a vicious animal in accordance with section

304.10-3 may not, under any circumstances, be kept or harbored withinowner or caretaker,

or with a licensed veterinarian. If confined on the Reservation.premises of the owner or

caretaker, the following requirements shall apply:

(a) 1) Leash and Muzzle. No person keeping or possessing owner shall permit a dangerous

animal may permit such animal to go outside its kennel or pen unless the animal is securely

leashedrestrained with a leash no longer than four feet (4’) in length.

(1) No person may permit a dangerous animal to be kept on a chain, rope or other

type of leash outside its kennel or pen unless by a person who is at least sixteen

(16) years of age or olderwho is in physical control of the leash, competent to

govern the animal and capable of physically controlling and restraining the animal

is in physical control of the . The owner shall not leash.

(2) The an animal may not be leashed to inanimate objects such as trees, posts and

buildings.

(3) A dangerousa tree, post, or building. When the animal is on a leash outside the

animal’s kennel must be muzzled, the owner shall muzzle the animal in a humane

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

from biting persons or other animals. The Environmental Health and Safety

Division, with approval of the Environmental Resource Board, may provide a

written exception excusing an otherwise dangerous animal from being muzzled. If

such a written exception is issued, it shall be carried by the animal’s owner at all

times. a person or other animal.

(b) 2) Confinement. Except when leashed and muzzled as provided in subsection (a)

above, allthe owner shall ensure the dangerous animals shall beanimal 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.

(1) Confinement Outdoors. When constructed in an open yard, the pen or kennel

The owner shall, at a minimum, be constructed to conform to the requirements of

this subsection.

(A) The pen or kennel shall be child-proof from the outside and not permit

an animal-proof from the inside.

(B) A strong metal double fence with adequate space between fences (at

least two feet (2’) shall be provided so that a child cannot reach into the

animal enclosure.

attached to all sides.

(D) A structure used to confine a dangerous animal shall be locked with a

key or combination lock when the animal is within the structure.

(E) The structure shall either have a secure bottom or floor attached to the

sides of the pen or the sides of the pen shall be embedded in the ground no

3 O.C. 304 – Page 16

22 of 67

Draft 1

2019 01 16

675

676

677

678

679

680

681

682

683

684

685

686

687

688

689

690

691

692

693

694

695

696

697

698

699

700

701

702

703

704

705

706

707

708

709

710

711

712

713

714

715

716

717

less than two feet (2’)

(F) All structures erected to house dangerous animals shall comply with the

requirements of all applicable laws and rules of the Nation.

(G) All structures shall be adequately lighted and ventilated and kept in a

clean and sanitary condition.

(2) Confinement Indoors. No dangerous animal may 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. No dangerousThe owner shall

not permit the animal mayto 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.

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 is required toshall 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.

(d) Spay and Neuter Requirement. If declared 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 anthe Oneida Police Officer

or Oneida Conservation Officer,Warden issuing the ownerdangerous animal

determination.

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

determination shall be held within thirty (30fourteen (14) days after the declaration shall provide

the Environmental Resource Board with of submission of the written proof from a licensed

veterinarianobjection with the Trial Court. At the hearing, the Trial Court shall determine whether

the determination that the animal has been spayed or neutered.is dangerous should be

substantiated.

(e) Liability Insurance. If declared dangerous by an Oneida Police Officer or Oneida

Conservation Officer, the owner of the dangerous animal shall present proof to the

Environmental Resource Board(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 has procured liability insurance

in an amount not less than $1,000,000 for any personal injuries inflicted by the dangerous

animal. Whenever such a policy is cancelled or not renewed, the insurer shall so notify the

Environmental Resource Board.

(f) Microchipping. If declared dangerous by an Oneida Police Officer or Oneida

Conservation Officer, the owner of the dangerous animal shall provide proof to the

3 O.C. 304 – Page 17

23 of 67

718

719

720

721

722

723

724

725

726

727

728

729

730

731

732

733

734

735

736

737

738

739

740

741

742

743

744

745

746

747

748

749

750

751

752

753

754

755

756

757

758

759

760

Draft 1

2019 01 16

Environmental Resource Board that the dangerous animal has had a microchip inserted for

identification purposes within ten (10) calendars from the date the animal is declared

dangerous.

(g) Ongoing Notification Requirements. After an animal has been declared dangerous, the

owner shall have an ongoing duty to notify the Oneida Police Department:

(1) immediately if the dangerous animal is at large, is unconfined, has attacked

another animal or has attacked a human being; and

(2) within twenty-four (24) hours if athe dangerous animal has died, 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 Resource Board, Health, Safety and

Land Division within a reasonable amount of time.

(h) Waiver by the Environmental Resource Board. Upon request of an owner, the

Environmental Resource Board may waive any requirement specified in subsections (a)(f) that the Environmental Resource Board deems to be unnecessary for a particular

dangerous animal. The Environmental Resource Board may waive the provisions of

subsections (a)-(f) 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.

(i) Euthanasia. If the owner of an animal that has been designated a dangerous animal is

unwilling or unable to comply with the regulations for keeping the animal in accordance

with this section, he or she may have the animal humanely euthanized by an animal shelter,

the humane society or a licensed veterinarian.

304.10-3. Vicious Animals. No person may bring or keep within the Reservation any animal that

is a vicious animal under this section.

(a) Declaration of Vicious Animal. An Oneida Police Officer, Oneida Conservation

Warden and/or the Judiciary Trial Court may declare an animal to be a vicious animal if

the animal:

(1) Is a dangerous animal in noncompliance with the requirements under Section

304.10-2;

(2) Has killed a domestic animal or pet without provocation on public or private

property;

(3) Without provocation, has inflicted substantial bodily harm on a person on

public or private property where substantial bodily harm means bodily injury that

causes a laceration that requires stiches, any fracture of a bone, a concussion, a loss

or fracture of a tooth or any temporary loss of consciousness, sight or hearing;

(4) Is suspected to be owned, trained or harbored for the purpose of dog fighting;

and/or

3 O.C. 304 – Page 18

24 of 67

761

762

763

764

765

766

767

768

769

770

771

772

773

774

775

776

777

778

779

780

781

782

783

784

785

786

787

788

789

790

791

792

793

794

795

796

797

798

799

800

801

802

803

Draft 1

2019 01 16

(5) Has been declared to be a vicious animal and/or ordered to be destroyed in any

other jurisdiction.

(b) Mandatory Hearing. The owner of an animal declared to be a vicious animal shall

attend a mandatory pre-hearing with the Judiciary Trial Court, the date for which shall be

included on the declaration of vicious animal. At the pre-hearing it may be determined that

mandatory attendance at Judiciary Trial Court hearing is also required if restitution is

appropriate. The pre-hearing and any hearings are subject to the requirements contained

in section 304.12-2.

(1) All requirements for harboring dangerous animals in section 304.10-2 except

subsections (d)-(f) apply to the said animal pending the outcome of the Judiciary

Trial Court’s pre-hearing and/or hearing.

(2) At the pre-hearing, the Judiciary Trial Court may require the animal to be

impounded pending the result of the hearing.

(3) The Judiciary Trial Court may order a vicious animal to be destroyed if it finds it was

so declared based on section 304.10-3(a)(3). If such an order is issued, the Judiciary(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.

(4) If the declaration of vicious animal is upheld upon appeal, the Judiciary Trial

Court shall order the animal to be removed from the Reservation. Such order shall

include the notification requirements contained in section 304.10-2(g) and provide

the owner with a reasonable timeframe for removing the animal from the

Reservation, provided that the timeframe may not exceed thirty (30) days after the

date of the Judiciary Trial Court’s decision.

(5) If the owner further appeals the (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 of the Judiciary Trial Courtmay be appealed to the

JudiciaryNation’s Court of Appeals, he or she shall submit the.

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

from the date of the Judiciary Trial Court’s decisions, which is a shorter timeframe than

required for all other appeals under this law.Trial Court’s decision.

(b) Upon an appeal to the Judiciary Court of Appeals, the requirement to order to remove

the animal from the Reservation or any order to destroy an animal is stayed pending the

outcome of the appeal.

Dangerous Animal Exception. The Trial Court may make any inquiries deemed necessary

to ensure compliance with this section and may seizeprovide an exception to the dangerous

animal based on the owner’s failure to comply.

(d)

Waiver. The Judiciary may waive the provisions of this sectionlaw for a law

enforcement or military animal upon presentation by the animal'sanimal’s owner or handler of a

3 O.C. 304 – Page 19

25 of 67

Draft 1

2019 01 16

804

805

806

807

808

809

810

811

812

813

814

815

816

817

818

819

820

821

822

823

824

825

826

827

828

829

830

831

832

833

834

835

836

837

838

839

840

841

842

843

844

845

846

satisfactory arrangement for safe keeping of the animal.

304.10-4. Investigations for Suspected Domestic 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 and Safety Division to notify them 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 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.

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

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

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

the owner shall present the domestic animal for examination by a

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

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

and the tenth (10th) day; or

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

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

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

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

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

following shall occur:

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

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

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

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

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

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

304.1112.

Owner Liability for Domestic Animals

304.1112-1. Owners areAn owner shall be liable for damages caused by theirhis or her domestic

animal(s)..

(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

3 O.C. 304 – Page 20

26 of 67

Draft 1

2019 01 16

847

848

849

850

851

852

853

854

855

856

857

858

859

860

861

862

863

864

865

866

867

868

869

870

871

872

873

874

875

876

877

878

879

880

881

882

883

884

885

886

887

888

889

domestic animal previously caused damages.

304.12. Violations,13. Enforcement and Appealsof Violations

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

304.1213-1.

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

penalty, and licensing fee schedule developed under section 304.5-2. A separate offense shall be

deemed committed on each day during or on which a violation occurs or continues. .

(a) Any order issued pursuant to this law that is not complied with may be physically

enforced by Oneida Police Officers or Oneida Conservation Wardens at the Owner’s

expense.

(b) The Oneida Police Department, by means of Oneida Police Officers and Oneida

Conservation Wardens, is authorized to take any appropriate action to prevent or remove a

violation of this Law.

Citation Pre-Hearing and Appeals of Contested Actions.. All citations, orders and

304.1213-2.

declarations issued pursuant to this law shall include a pre-hearing date with the Judiciary Trial

Court which shall be set for the next scheduled monthly prehearing date that is at least thirty (30)

days after the citation was issued., excluding dangerous animal citations which 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

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

for which the citation was issued. The Judiciary

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

orders at the prehearing 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. In addition to scheduling requested hearings, the Judiciary may also make conditional

orders at the prehearing which are effective until the matter is resolved.

(a) Community Service. Community service may be substituted for monetary fines at the

Judiciary’s discretion, provided that, if so substituted, the Judiciary shall use the rate of one

(1) hour per ten dollars ($10) of the fine.

(b) Allocation of Citation Revenue. All citations shall be paid to the Environmental

Resource Board or its designee, the proceeds of which shall be contributed to General

Fund.

Determinations. Any person wishing to contest the determination of the Judiciary Trial Court

may appeal to the JudiciaryNation’s Court of Appeals in accordance with the Rules of Appellate

Procedure.

(d)

Pursuing Payment of a Citation. The Environmental Resource Board may pursue

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

of fines. Money received from parties who have failedfines 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

3 O.C. 304 – Page 21

27 of 67

890

891

892

893

894

895

896

897

898

899

900

901

902

903

904

905

Draft 1

2019 01 16

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

to makecollect the required paymentsmoney owed through the Nation’s garnishment

process contained in the Garnishment law and/or by attaching the judgment to Tribal

member’s per capita attachment process.

(1) The ninety (90) day deadline for payment pursuant to the Per Capita law. 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-303-13-96-B

Amended – BC-06-22-11-G

Amended – BC-06-28-17-B

Amended – BC-__-__-__-__

3 O.C. 304 – Page 22

28 of 67

Draft 1

2019 01 16

Title 3. Health and Public Safety - Chapter 304

DOMESTIC ANIMALS

K@tse>na Olihw@=ke

matters concerning the pet animals

304.1.

304.2.

304.3.

304.4.

304.5.

304.6.

304.7.

Purpose and Policy

Adoption, Amendment, Conflicts

Definitions

Jurisdiction

Authority

Treatment of Animals

Dogs and Cats

304.8. Livestock

304.9. Hens

304.10. Prohibited Animals

304.11. Dangerous Animals

304.12. Owner Liability

304.13. Enforcement of Violations

304.1. Purpose and Policy

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

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

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

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

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

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

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

community by:

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

animals;

(b) establishing requirements for licensing domestic animals, and

304.2. Adoption, Amendment, Repeal

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

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

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

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

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

circumstances be held as invalid, such invalidity does 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 governs the definitions of words and phrases used within this law. All

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

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

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

3 O.C. 304 – Page 1

29 of 67

Draft 1

2019 01 16

heifer, etc.), sheep, goat, pig.

(e) “Nation” means the Oneida Nation.

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

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

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

(i) “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.

(j) “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 GTC01-07-13-B to administer the judicial authorities and responsibilities of the Nation.

(k) “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.

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

jurisdiction of the Nation:

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

Nation’s entities, corporations, or 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

3 O.C. 304 – Page 2

30 of 67

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

Draft 1

2019 01 16

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 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 by 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.

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.

3 O.C. 304 – Page 3

31 of 67

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

Draft 1

2019 01 16

Minimum standards for outdoor shelter

(b) Minimum outdoor standards of shelter.

include the following:

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

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

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

farm fencing used to confine livestock.

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

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

the health of the animal.

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

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

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

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

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

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

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

requirement is based on the size of the largest dog and the additional kennel space

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

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

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

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

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