# Oneida Business Committee (2019)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab1093321c808c9f8

## Record

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

## 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.
I.

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

V.

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
I.

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.

V.

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
I.

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

V.

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
1
2
3
4
5

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

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

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;
(c) prohibit certain species of animals from being brought onto the Reservation;
(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and
(e) establish consequences for damages caused by domestic animals.
304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the
community by:
(a) requiring certain basic measures to prevent the spread of disease carried by domestic
animals;
(b) establishing requirements for licensing domestic animals, and
(c) regulating the types of animals which may be kept as domestic animals.
304.2.
Adoption, Amendment, Repeal
304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B and
amended by resolutions BC-06-22-11-G 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

37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79

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.
(c) “Hen” means a female chicken (Gallus gallus domesticus).
(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.
(c) Individuals who have consented to the jurisdiction of the Nation or as otherwise
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
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
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.
(c) Other rules as necessary to enforce and implement this law.
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.
(c) Space Standards. Enclosures shall be constructed and maintained so as to provide
sufficient space to allow each animal adequate freedom of movement. Inadequate space
may be indicated by evidence of debility, stress, or abnormal behavior patterns.
(1) Dog Kennels. Dog kennels shall meet the following space requirements where,
if there are multiple dogs in the same kennel, the base kennel space requirement is
based on the size of the largest dog and the additional kennel space requirements
are based on the size of each additional dog kept in the kennel:
(A) Dog Size Between One and Thirty-Five Pounds. A dog that weighs
between one (1) and thirty-five (35) pounds shall have a required base
kennel space of sixty (60) square feet. Required additional kennel space per
additional dog of this size is twelve (12) square feet.
(B) Dog Size Between Thirty-Six and Seventy-Five Pounds. A dog that
weighs between thirty-six (36) and seventy-five (75) pounds shall have a
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;
(c) the total weight of the tether does not exceed ten percent (10%) of the animal’s body
weight;
(d) the animal is tethered so as to prevent injury, strangulation, or entanglement, and allows
the animal access to water and shelter;
(e) the tethered animal is not sick, injured, or nursing;
(f) the animal is not tethered on any vacant property or land or with an unoccupied
dwelling; and
(g) the animal is not tethered in a manner that allows the animal to cross onto public space
or property of others.
304.6-4. Mistreatment of Animals. No person 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.
(c) Whenever any impounded animal bears an identification mark, such as a collar with
identification tags or license tag, the owner shall be notified as soon as reasonably possible.
304.7-5. Nuisance. An Oneida Police Officer or Oneida Conservation Warden may pick up and
impound a dog or cat that has been found to be a nuisance. A dog or cat shall be found to be a
nuisance if the actions of the dog or cat:
(a) resulted in two (2) or more verified disturbances due to excessive barking and/or other
noise by the animal, or the animal running at large; and/or
(b) resulted in one (1) or more verified disturbance due to threatening behavior by the
animal running at large.
304.7-6. Investigations for Suspected Animal Bites. The owner shall notify the Oneida Police
Department in the event the owner’s cat or dog bites a human or another domestic animal.
(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:
(1) Ascertain whether the domestic animal is properly licensed and has current
vaccinations.
(2) Ensure all information provided is correct.
(3) Contact the Environmental, Health, Safety and Land Division to provide
notification of the domestic animal bite.
(4) If the cat or dog has current rabies vaccinations, order the owner to:
(A) Quarantine the animal for ten (10) days; and
(B) Present the animal for examination by a veterinarian within twentyfour (24) hours of the bite, on the last day of quarantine and on one (1) day
in between the first twenty-four (24) hours and the tenth (10th) day.
(5) If the cat or dog does not have current rabies vaccination, order the owner to:
(A) Quarantine the animal for ten (10) days or deliver the animal to an
isolation facility at the owner’s expense. If a home quarantine is ordered,
the owner shall present the domestic animal for examination by a
veterinarian within twenty-four (24) hours of the bite, on the last day of
quarantine and on one (1) day in between the first twenty-four (24) hours
and the tenth (10th) day; or
(B) Euthanize the animal and send the specimen for analysis at the owner’s
expense, if the animal has exhibited any signs of rabies.
(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine
period. Upon expiration of all quarantine periods, if the veterinarian certifies that the
animal has not exhibited any signs of rabies, the animal may be released from quarantine.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
following shall occur:
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.
(c) One (1) goat or sheep per recorded lot under one-half (½) acre when setback
requirements can be met.
304.8-3. Liability for Damage Caused by Livestock. 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.
(c) Whenever any impounded animal bears an identification mark, such as a collar with
identification tags or license tag, the owner shall be notified as soon as reasonably possible.
304.
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.
(c) No accessory structure used to keep hens shall be located within twenty-five feet (25’)
of any principal structure which is not owned by the person permitted to keep the hens.
(d) No accessory structure used to keep hens shall be located in a front or side yard.
(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.
(C) Family Ursidae. (All This includes all bears).
(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).
(C) Family Iguanaidae. (OnlyThis includes green iguanas and rock
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).
(c) Class Aves.
(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
(C) Death stalker – Leiurus quinquestriatus
(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
(C) Red, red-black widow – Lactrodectus hasselti
(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
(C) Florida keys centipede – Solopendra alternans
(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.
(c) If the hearing bodyTrial Court finds the animal has been taken, employed, used or
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.
(c) One (1) goat or sheep per recorded lot under one-half (½) acre when setback
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:
(c) is suspected to be owned, trained or harbored for the purpose of dog fighting; and/or
(d) has been declared to be a dangerous animal and/or ordered to be destroyed in any other
jurisdiction.
304.11-2. Dangerous Animal Determination. An Oneida Police Officer or Oneida Conservation
Warden may determine an animal to be dangerous whenever, upon investigation, the officer finds
that the animal meets the definition of dangerous animal provided in section 304.11-1.
(a) Upon making a determination that an animal is dangerous, the Oneida Police Officer
or Oneida Conservation Warden shall issue a written order with an accompanying citation
declaring the animal to be dangerous.
(b) The citation and order shall be personally delivered to the apparent owner or custodian
of the dangerous animal.
(c) Upon receipt of the written order and accompanying citation the owner shall remove
the dangerous animal from the Reservation within three (3) business days.
304.11-3. Contesting a Dangerous Animal Determination. If the owner wishes to contest the
dangerous animal determination, he or she shall file with the Trial Court a written objection to the
order within three (3) business days of receipt of the order.
(a) The written objection shall include specific reasons for objecting to or contesting the
order. An owner may argue an animal should not be deemed dangerous due to the animal
biting, attacking or menacing any person and/or domestic animal because the animal was
acting to:
(1) defend its owner or another person from an attack by a person or animal;
(2) protect its young or another animal;
(3) defend itself against any person or animal which has tormented, assaulted or
abused it; and/or
(4) defend its owner’s property against trespassers.
(c) An Oneida Police Officer or Oneida Conservation Warden may, in his or her discretion,
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.
(C) The pen, kennel or structure shall have secure sides and a secure top
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.
(c) 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 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.
(c) If an owner or caretaker fails to follow the requirements for harboring a dangerous
animal pending a hearing, the animal may be impounded by 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.
(c) Enforcement. An Oneida Police Officer or Oneida Conservation Warden604.11-6.
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.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
following shall occur:
(1) If the animal has current rabies vaccinations, the Oneida Police Officer or
Oneida Conservation Warden may order the animal to be euthanized and send the
specimen for analysis, to be paid for by the Nation.
(2) If the animal does not have current rabies vaccinations, the Oneida Police
Officer or Oneida Conservation Warden may order the animal to be euthanized and
send the specimen for analysis at the owner’s expense.

304.1112.
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.
(c) Appealing the Decision of the Judiciary 304.13-4. Appeals of the Trial Court.Court’s
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
1
2
3
4
5

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.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39

Purpose and Policy
Adoption, Amendment, Conflicts
Definitions
Jurisdiction
Authority
Treatment of Animals
Dogs and Cats

304.8. Livestock
304.9. Hens
304.10. Prohibited Animals
304.11. Dangerous Animals
304.12. Owner Liability
304.13. Enforcement of Violations

304.1. Purpose and Policy
304.1-1. Purpose. The purpose of this law is to:
(a) protect the health, safety, and welfare of the community by requiring certain basic
measures to prevent the spread of disease carried by domestic animals;
(b) set minimum standards for the treatment of animals;
(c) prohibit certain species of animals from being brought onto the Reservation;
(d) regulate the keeping of livestock on lots zoned residential within the Reservation; and
(e) establish consequences for damages caused by domestic animals.
304.1-2. Policy. It is the policy of the Nation to protect the health, safety, and welfare of the
community by:
(a) requiring certain basic measures to prevent the spread of disease carried by domestic
animals;
(b) establishing requirements for licensing domestic animals, and
(c) regulating the types of animals which may be kept as domestic animals.
304.2. Adoption, Amendment, Repeal
304.2-1. This law was adopted by Oneida Business Committee by resolution BC-03-13-96-B
and amended by resolutions BC-06-22-11-G, BC-06-28-17-B, and BC-__-__-__-__.
304.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
304.2-3. Should a provision of this law or the application thereof to any person or
circumstances be held as invalid, such invalidity 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.
(c) “Hen” means a female chicken (Gallus gallus domesticus).
(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
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82

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.
(c) Individuals who have consented to the jurisdiction of the Nation or as otherwise
consistent with federal law. An individual shall be considered to have consented to the
jurisdiction of the Nation:
(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

83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
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.
(c) Space Standards. Enclosures shall be constructed and maintained so as to provide
sufficient space to allow each animal adequate freedom of movement. Inadequate space
may be indicated by evidence of debility, stress, or abnormal behavior patterns.
(1) Dog Kennels. Dog kennels shall meet the following space requirements
where, if there are multiple dogs in the same kennel, the base kennel space
requirement is based on the size of the largest dog and the additional kennel space
requirements are based on the size of each additional dog kept in the kennel:
(A) Dog Size Between One and Thirty-Five Pounds. A dog that weighs
between one (1) and thirty-five (35) pounds shall have a required base
kennel space of sixty (60) square feet. Required additional kennel space
per additional dog of this size is twelve (12) square feet.
(B) Dog Size Between Thirty-Six and Seventy-Five Pounds. A dog that
weighs between thirty-six (36) and seventy-five (75) pounds shall have a
required base kennel space of eighty (80) square feet. Required additional
kennel space per additional dog of this size is eighteen (18) square feet.
(C) Dog Size Seventy-Six Pounds or Greater. A dog that weighs seventysix (76) pounds or more shall have a required base kennel space of one
hundred (100) square feet. Required additional kennel space per additional
dog of this size is twenty-four (24) square feet.
(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;
3 O.C. 304 – Page 4

32 of 67

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
208
209
210

Draft 1
2019 01 16
(1) The use of a choke collar, prong collar head harness, or other similar type of
head harness or collar shall be prohibited for the use of tethering.
(b) the tether is at least twelve feet (12’) long and allows the animal to move in all
directions unimpeded;
(c) the total weight of the tether does not exceed ten percent (10%) of the animal’s body
weight;
(d) the animal is tethered so as to prevent injury, strangulation, or entanglement, and
allows the animal access to water and shelter;
(e) the tethered animal is not sick, injured, or nursing;
(f) the animal is not tethered on any vacant property or land or with an unoccupied
dwelling; and
(g) the animal is not tethered in a manner that allows the animal to cross onto public
space or property of others.
304.6-4. Mistreatment of Animals. No person 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. Dogs and Cats
304.7-1. License Required. An owner shall be required to obtain a license for any dog or cat
five (5) months of age or older on an annual basis.
(a) License Period. The license year shall commence on January 1st and end on
December 31st of every year.
(b) License Eligibility. To be eligible for a license, the owner shall provide:
(1) the licensing fee; and
(2) proof of current rabies vaccination.
(c) Placement of License Tag. Upon the receipt of a license the owner shall be provided
a license tag for the dog or cat. The owner shall securely attach the license tag to the
animal’s collar and shall require the animal wear the collar at all times.
(1) Exception. A dog or cat shall not be required to wear the collar if the dog or
cat is:
(A) hunting or actively involved in herding or controlling livestock if the
animal is under control of its owner;
(B) within the owner’s residence and/or securely confined in a fenced
area; and/or
(C) being shown during a competition.
304.7-2. Rabies Vaccinations Required. An owner shall be required to obtain a rabies
vaccination for any dog or cat five (5) months of age or older.
304.7-3. Limit on the Number of Dogs and Cats. An individual may keep no more than two (2)
3 O.C. 304 – Page 5

33 of 67

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
251
252
253

Draft 1
2019 01 16
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
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.
(c) Whenever any impounded animal bears an identification mark, such as a collar with
identification tags or license tag, the owner shall be notified as soon as reasonably
possible.
304.7-5. Nuisance. An Oneida Police Officer or Oneida Conservation Warden may pick up and
impound a dog or cat that has been found to be a nuisance. A dog or cat shall be found to be a
nuisance if the actions of the dog or cat:
(a) resulted in two (2) or more verified disturbances due to excessive barking and/or
other noise by the animal, or the animal running at large; and/or
(b) resulted in one (1) or more verified disturbance due to threatening behavior by the
animal running at large.
304.7-6. Investigations for Suspected Animal Bites. The owner shall notify the Oneida Police
Department in the event the owner’s cat or dog bites a human or another domestic animal.
3 O.C. 304 – Page 6

34 of 67

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
294
295
296

Draft 1
2019 01 16
(a) The responding Oneida Police Officer or Oneida Conservation Warden shall:
(1) Ascertain whether the domestic animal is properly licensed and has current
vaccinations.
(2) Ensure all information provided is correct.
(3) Contact the Environmental, Health, Safety and Land Division to provide
notification of the domestic animal bite.
(4) If the cat or dog has current rabies vaccinations, order the owner to:
(A) Quarantine the animal for ten (10) days; and
(B) Present the animal for examination by a veterinarian within twentyfour (24) hours of the bite, on the last day of quarantine and on one (1) day
in between the first twenty-four (24) hours and the tenth (10th) day.
(5) If the cat or dog does not have current rabies vaccination, order the owner to:
(A) Quarantine the animal for ten (10) days or deliver the animal to an
isolation facility at the owner’s expense. If a home quarantine is ordered,
the owner shall present the domestic animal for examination by a
veterinarian within twenty-four (24) hours of the bite, on the last day of
quarantine and on one (1) day in between the first twenty-four (24) hours
and the tenth (10th) day; or
(B) Euthanize the animal and send the specimen for analysis at the
owner’s expense, if the animal has exhibited any signs of rabies.
(b) Upon expiration of a quarantine period, a veterinarian may extend the quarantine
period. Upon expiration of all quarantine periods, if the veterinarian certifies that the
animal has not exhibited any signs of rabies, the animal may be released from quarantine.
(c) If the veterinarian certifies that the animal has exhibited any signs of rabies the
following shall occur:
(1) If the animal has current rabies vaccinations, the Oneida Police Officer or
Oneida Conservation Warden may order the animal to be euthanized and send the
specimen for analysis, to be paid for by the Nation.
(2) If the animal does not have current rabies vaccinations, the Oneida Police
Officer or Oneida Conservation Warden may order the animal to be euthanized
and send the specimen for analysis at the owner’s expense.
304.7-7. District Quarantine. A district quarantine may be initiated by staff designated by the
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.
3 O.C. 304 – Page 7

35 of 67

Draft 1
2019 01 16
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
337
338
339

304.8. Livestock
304.8-1. An owner shall obtain a conditional use permit from the Oneida Land Commission in
order to keep livestock on land zoned residential.
304.8-2. Limitations on Livestock. Livestock kept on land zoned residential are subject to the
following limitations:
(a) One (1) large animal per one (1) acre. Examples of large animals include, but are not
limited to, horses, cows, and pigs.
(b) One (1) small animal per one-half (½) acre. Examples of small animals include, but
are not limited to, goats, and sheep.
(c) One (1) goat or sheep per recorded lot under one-half (½) acre when setback
requirements can be met.
304.8-3. Liability for Damage Caused by Livestock. Any person whose livestock escapes from
its normal confined area and becomes at large is responsible for any and all damage to persons
and property caused by such livestock while it is away from its normal confined area.
304.9. Hens
304.9-1. Hen Permit. An owner shall obtain a conditional use permit from the Oneida Land
Commission Division in order to keep hens on land zoned residential. An owner shall not keep a
rooster on land zoned residential.
304.9-2. Limit on the Number of Hens Allowed. The number of hens an owner may keep is
dependent on the size of the residential lot.
(a) An owner may to keep up to four (4) hens on a residential lot that is two (2) acres in
size or smaller.
(b) An owner may keep up to eight (8) hens on a residential lot two (2) acres in size or
larger.
304.9-3. Standards for Keeping Hens. An owner shall keep hens in the following manner:
(a) No person shall keep a hen over eight (8) weeks of age in a principal structure.
(b) Hens shall be kept within a structure such as a coop or fenced area used exclusively to
keep hens and shall provide at least four (4) square feet of space per hen.
(c) No accessory structure used to keep hens shall be located within twenty-five feet
(25’) of any principal structure which is not owned by the person permitted to keep the
hens.
(d) No accessory structure used to keep hens shall be located in a front or side yard.
(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.
304.10. Prohibited Animals
304.10-1. No person shall bring into, keep, harbor, maintain, offer for sale or barter, act as a
custodian, have custody or control of, or release to the wild on the Reservation a prohibited
animal.
3 O.C. 304 – Page 8

36 of 67

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
380
381
382

Draft 1
2019 01 16
304.10-2. Prohibited Animals. Prohibited animals include the following orders and families,
whether bred in the wild or in captivity, and any or all hybrids. The animals listed are intended to
act as examples and are not to be construed as an exhaustive list or limit the generality of each
group of animals, unless otherwise specified:
(a) Class Mammalia.
(1) Order Chiroptera. This includes all bat species.
(2) Order Artiodactyla. This includes hippopotamuses, giraffes, camels, and deer,
but does not include domestic cattle, swine, sheep, goats, alpaca, and llama as
exotic animals.
(3) Order Carnivora.
(A) Family Felidae. This includes lions, tigers, cougars, leopards, ocelots,
and servals, but does not include domestic cats as exotic animals.
(B) Family Canidae. This includes wolves, wolf hybrids, coyotes, coyote
hybrids, foxes, and jackals, but does not include domestic dogs as exotic
animals.
(C) Family Ursidae. This includes all bears.
(D) Family Mustelidae. This includes weasels, skunks, martins, and
minks, but does not include ferrets as exotic animals.
(E) Family Procyonidae. This includes raccoons, and coatis.
(F) Family Hyaenidae. This includes hyenas.
(G) Family Viverridae. This includes civets, genets, and mongooses.
(4) Order Edentatia. This includes anteaters, armadillos, and sloths.
(5) Order Marsupialia. This includes opossums, kangaroos, wallabies, and sugar
gliders.
(6) Order Perissodactyla. This includes rhinoceroses, and tapirs, but does not
include horses, goats, and mules as exotic animals.
(7) Order Primates. This includes lemurs, monkeys, chimpanzees, and gorillas.
(8) Order Proboscidae. This includes elephants.
(9) Order Rodentia. This includes squirrels, beavers, porcupines, and prairie
dogs, but does not include guinea pigs, rats, mice, gerbils, and hamsters as exotic
animals.
(b) Class Reptilia.
(1) Order Squamata.
(A) Family Helodermatidae. This includes Gila monsters and Mexican
beaded lizards.
(B) Family Varaidae. This includes any monitor lizard which will
normally grow over two feet in length.
(C) Family Iguanaidae. This includes green iguanas and rock iguanas, but
does not include all other types of iguanas which are not green or rock
iguanas.
(D) Family Boidae. This includes all species whose adult length may
exceed eight (8) feet.
(E) Family Colubridae. This includes boomslangs and African twig
3 O.C. 304 – Page 9

37 of 67

Draft 1
2019 01 16
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
417
418
419
420
421
422
423
424
425

snakes.
(F) Family Elapidae. This includes coral snakes, cobras, and mambas.
(G) Family Nactricidae. This includes keelback snakes, but does not
include all other snakes not keelback.
(H) Family Viperidae. This includes copperheads, cottonmouths, and
rattlesnakes.
(2) Order Crocodilia. This includes crocodiles, alligators, caimans, and gavials.
(c) Class Aves.
(1) Order Falconiformes. This includes eagles, hawks, and vultures.
(2) Order Rheiformes. This includes rheas.
(3) Order Struthioniformes. This includes ostriches.
(4) Order Casuariiformes. This includes cassowaries and emus.
(5) Order Strigiformes. This includes owls.
(d) Class Arachnida.
(1) Order Scorpiones,
(A) Family Buthidae. This includes scorpions.
(2) Order Araneae,
(A) Family Theridadae. This includes the Argentina red widow spider,
brown widow spider, red-black widow spider, red widow spider, southern
black widow spider, and Western widow spider.
(B) Family Laxoscelidae, This includes the brown recluse spider.
(e) Class Chilopoda.
(1) Order Scolopendromorpha,
(A) Family Scolopendridae. This includes centipedes.
(f) Any Federal or State endangered or threatened species.
304.10-3. Prohibited Animals Exception. The prohibition of certain animals shall not apply to:
(a) Individuals who are eligible for any grandfather provisions included in this law’s
adopting resolution.
(b) A zoological park and/or sanctuary, an educational or medical institution, and/or a
specially trained entertainment organization who receives a permit from the
Environmental, Health, Safety, and Land Division to own, harbor or possess the
prohibited animal.
304.10-4. Prohibited Animal Permit. The Environmental, Health, Safety, and Land Division
may issue a prohibited animal permit if:
(a) the animal and animal quarters are kept in a clean and sanitary condition and
maintained to eliminate objectionable odors; and
(b) the animal is maintained in quarters so constructed as to prevent its escape.
304.10-5. Release of Prohibited Animals. The Environmental, Health, Safety, and Land
Division, may approve a wildlife refuge and/or sanctuary to release prohibited animals within the
Reservation without applying for and receiving a prohibited animal permit.
304.10-6. Seizure of Prohibited Animals. An unpermitted prohibited animal may be seized by
the Oneida Police Department and/or the Oneida Conservation Department.
(a) A prohibited animal that is seized shall be held by the Oneida Police Department, the
3 O.C. 304 – Page 10

38 of 67

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
460
461
462
463
464
465
466
467
468

Draft 1
2019 01 16
Oneida Conservation Department, or its designee until it can be determined if the animal
is an endangered or threatened species.
(b) At any time after such identification, the Oneida Police Department and/or Oneida
Conservation Department may seek an order from the Trial Court as to the care, custody
and control of the animal.
(c) If the Trial Court finds the animal has been taken, employed, used or possessed in
violation of this section, the owner shall be responsible for reimbursing the Oneida Police
Department and/or the Oneida Conservation Department for the cost of holding the
animal and any costs incurred in identifying the animal.
304.10-7. Notice of Release or Escape. The owner of a prohibited animal that has been released
or escapes shall immediately notify the Oneida Police Department and/or the Oneida
Conservation Department and shall be liable for any cost of recapture of the animal.
304.10-8. Forfeiture of the Prohibited Animal. An owner found in violation of this section shall
forfeit or surrender the prohibited animal to the Oneida Police Department, Oneida Conservation
Department, or designee. Upon such forfeiture or surrender, the Trial Court may direct
destruction or transfer of the animal to a qualified zoological, educational, or scientific institution
or qualified private propagator for safekeeping, with costs assessed against the owner.
304.11. Dangerous Animals
304.11-1. Dangerous Animals. No person shall own, keep, possess, return to or harbor a
dangerous animal. An animal shall be presumed to be dangerous if the animal:
(a) approaches or chases a human being or domestic animal in a menacing fashion or
apparent attitude of attack;
(b) bites, inflicts injury, attacks, or otherwise endangers the safety of a human being or
domestic animal;
(c) is suspected to be owned, trained or harbored for the purpose of dog fighting; and/or
(d) has been declared to be a dangerous animal and/or ordered to be destroyed in any
other jurisdiction.
304.11-2. Dangerous Animal Determination. An Oneida Police Officer or Oneida Conservation
Warden may determine an animal to be dangerous whenever, upon investigation, the officer
finds that the animal meets the definition of dangerous animal provided in section 304.11-1.
(a) Upon making a determination that an animal is dangerous, the Oneida Police Officer
or Oneida Conservation Warden shall issue a written order with an accompanying
citation declaring the animal to be dangerous.
(b) The citation and order shall be personally delivered to the apparent owner or
custodian of the dangerous animal.
(c) Upon receipt of the written order and accompanying citation the owner shall remove
the dangerous animal from the Reservation within three (3) business days.
304.11-3. Contesting a Dangerous Animal Determination. If the owner wishes to contest the
dangerous animal determination, he or she shall file with the Trial Court a written objection to
the order within three (3) business days of receipt of the order.
(a) The written objection shall include specific reasons for objecting to or contesting the
order. An owner may argue an animal should not be deemed dangerous due to the animal
3 O.C. 304 – Page 11

39 of 67

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
503
504
505
506
507
508
509
510
511

Draft 1
2019 01 16
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.
(c) If an owner or caretaker fails to follow the requirements for harboring a dangerous
animal pending a hearing, the animal may be impounded by the Oneida Police Officer or
Oneida Conservation Warden issuing the dangerous animal determination.
3 O.C. 304 – Page 12

40 of 67

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
546
547
548
549
550
551
552
553
554

Draft 1
2019 01 16
304.11-4. Dangerous Animal Determination Hearing. A hearing on the dangerous animal
determination shall be held within fourteen (14) days of submission of the written objection with
the Trial Court. At the hearing, the Trial Court shall determine whether the determination that the
animal is dangerous should be substantiated.
(a) If the Trial Court concludes that the determination that the animal is dangerous is
substantiated, then the Trial Court shall issue an order that mandates the animal be
removed from the Reservation within forty-eight (48) hours of the determination.
(1) The order shall contain the requirement that the owner notify the Oneida
Police Department within twenty-four (24) hours if the dangerous animal has
been sold or been given away. If the dangerous animal has been sold or given
away, the owner shall also provide the name, address and telephone number of the
new owner of the dangerous animal. If the dangerous animal is sold or given
away to a person residing outside the Reservation or to a person or entity that falls
outside of the jurisdiction of this law, the owner shall present evidence to the
Oneida Police Department showing that he or she has notified the police
department or other law enforcement agency of the animal's new residence,
including the name, address and telephone number of the new owner. The Oneida
Police Department shall forward all such notifications to the Environmental,
Health, Safety and Land Division within a reasonable amount of time.
(b) The Trial Court may order a dangerous animal to be destroyed. If such an order is
issued, the Trial Court shall require the owner submit proof of destruction within five (5)
business days from a licensed veterinarian. If the owner does not satisfy these
requirements, an Oneida Police Officer and/or an Oneida Conservation Warden shall
seize the animal and enforce compliance at the cost of the owner.
(c) The Trial Court may mandate attendance at an additional Trial Court hearing if
restitution is appropriate.
304.11-5. Appeal of the Trial Court’s Decision. An appeal of the Trial Court’s decision on the
dangerous animal determination may be appealed to the Nation’s Court of Appeals.
(a) An appeal shall be submitted to the Court of Appeals within five (5) business days
from the date of the Trial Court’s decision.
(b) Upon an appeal to the Court of Appeals, the order to remove the animal from the
Reservation or any order to destroy an animal is stayed pending the outcome of the
appeal.
604.11-6. Dangerous Animal Exception. The Trial Court may provide an exception to the
dangerous animal provisions of this law for a law enforcement or military animal upon
presentation by the animal’s owner or handler of a satisfactory arrangement for safe keeping of
the animal.
304.12. Owner Liability
304.12-1. An owner shall be liable for damages caused by his or her domestic animal.
(a) First Offense. The owner is liable for the full amount of damages caused by the
domestic animal.
(b) Subsequent Offenses. The owner shall be liable for two (2) times the full amount of
3 O.C. 304 – Page 13

41 of 67

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
589
590
591
592
593
594
595

Draft 1
2019 01 16
damages caused by the domestic animal if the owner knew or should have known that the
domestic animal previously caused damages.
304.13. Enforcement of Violations
304.13-1. Citations. Citations for the violation of this law and/or orders issued pursuant to this
law may include fines, penalties and conditional orders in accordance with the fine, penalty, and
licensing fee schedule.
304.13-2. Citation Pre-Hearing. All citations shall include a pre-hearing date with the Trial
Court which shall be set for the next scheduled monthly 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
Trial Court shall accept pleas which either contest or admit committing the act for which
the citation was issued.
(b) In addition to scheduling requested hearings, the Trial Court may also make
conditional orders at the 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.
304.13-4. Appeals of the Trial Court’s Determinations. Any person wishing to contest the
determination of the Trial Court may appeal to the Nation’s Court of Appeals in accordance with
the Rules of Appellate Procedure.
304.13-5. Fines. All fines shall be paid to the Trial Court. Cash shall not be accepted for
payment of fines. Money received from fines shall be contributed to the General Fund.
(a) Fines shall be paid within ninety (90) days after the order is issued or upheld on final
appeal, whichever is later. If the fine is not paid by this deadline, the Trial Court may
seek to collect the money owed through the Nation’s garnishment and/or per capita
attachment process.
(1) The ninety (90) day deadline for payment of fines may be extended if an
alternative payment plan is approved by the Trial Court.
(b) Community service may be substituted for part or all of any fine at the minimum
wage rate of the Nation for each hour of community service.
End.
Adopted - BC-03-13-96-B
Amended – BC-06-22-11-G
Amended – BC-06-28-17-B
Amended – BC-__-__-__-__

3 O.C. 304 – Page 14

42 of 67

Analysis to Draft 1
2019 01 16

AMENDMENTS TO
DOMESTIC ANIMALS LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
REQUESTER:
Environmental
Health, Safety and
Land Division
Intent of the
Amendments

Purpose

Affected Entities

SPONSOR:
Jennifer Webster

DRAFTER:
Clorissa N. Santiago

ANALYST:
Brandon Wisneski

To eliminate rulemaking authority within this law and instead adopt changes to the
Domestic Animals fine, penalty and fee schedule by BC Resolution;
To place new guidelines and restrictions on the use of tethers,
To lower the space requirements for dog kennels;
To reduce the limit on number of dogs allowed on a residential lot from three (3) to
two (2);
To reduce the limit on total number of cats and dogs allowed on a residential lot
from five (5) to four (4);
To create a permit process for individuals who wish to own additional dogs or cats
in excess of the limit;
To require a conditional use permit to keep hens on residential lots, to be approved
by the Land Commission;
To limit the number of hens allowed on a residential lot to between four (4) and
eight (8) hens, depending on lot size;
To update the process for OPD, Conservation and the Judiciary to declare an animal
a “Dangerous Animal”;
To eliminate the separate “Vicious Animal” designation and replace it with a single
“Dangerous Animal” category;
To revise the “Dangerous Animal” designation so that animals declared
“dangerous” must be removed from the reservation or euthanized, pending appeal;
To revise the timelines and requirements to request and hold a hearing to contest
Dangerous Animal declarations.
To protect the health, safety, and welfare of the community be requiring certain
basic measures to prevent the spread of disease carried by domestic animals; set
minimum standards for treatment of animals; prohibit certain species of animals
from being brought onto the Reservation; regulate the keeping of livestock on lots
zoned residential with in the Reservation; and establish consequences for damages
caused by domestic animals [see 304.1-1].
All tribal members, members of other federally recognized tribes, and the Nation’s
entities and corporations within the reservation; Individuals and businesses leasing,
occupying or otherwise using fee land owned by the Nation or by individual Tribal
members and/or lands held in trust; Any other individuals who have consented to
the jurisdiction of the Nation; Oneida Police Department; Oneida Environmental
Health, Safety and Land Division; Oneida Conservation Department; Oneida
Environmental Resource Board; Oneida Comprehensive Health Division, Oneida
Land Commission; Oneida Emergency Management Coordinator, Oneida
Judiciary.

Page 1 of 13

43 of 67

Analysis to Draft 1
2019 01 16
Affected
Legislation
Public Meeting
1
2
3
4
5
6

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3Ab1093321c808c9f8. Public record. Not legal advice.