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Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

RESOLUTION NO.: PL 118-23

Law & Order Code Title III Chapter 20 Control of Domestic Animals

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section 16 of the

Indian Reorganization Act (25 U.S.C. § 476) and is federally recognized by the United

States Government through the Secretary of the Interior and the Bureau of Indian Affairs;

and possesses attributes of sovereignty over both the members and territory.

the Pyramid Lake Paiute Tribe pursuant to Article VI, Section 1 of the Constitution and

By-laws of the Pyramid Lake Paiute Tribe, authorize the Pyramid Lake Tribal Council to

act on behalf of the Pyramid Lake Paiute Tribe, and to promulgate ordinances to safeguard

the peace and safety of residents of the Reservation and to establish courts for the

adjudication of claims and disputes; and

pursuant to these powers, the Tribal Council has created the Pyramid Lake Law & Order

Code and other laws and ordinances to govern the conduct of people within the Pyramid

Lake Reservation boundary; and

the Tribal Council has recognized the importance of reviewing and updating the Pyramid

Lake Law & Order Code to ensure the Code meets the Tribe’s need and best serves to

protect the interests of the Tribe, its members and persons living and working on tribal

lands; and

to meet this goal, the Pyramid Lake Law & Order Committee has recommended that the

Tribal Council incorporates the revised Chapter 20 Control of Domestic Animals

Ordinance of the Pyramid Lake Law & Order Code 2013 to the current code.

the revised Pyramid Lake Law & Order Code Chapter 20 Control of Domestic Animals

Ordinance was posted for thirty days to allow for public comment. Public comments were

received and incorporated into this ordinance. Therefore, the Pyramid Lake Law & Order

Committee submitted its recommendation to the Tribal Council.

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby accepts

the recommendation of the Law & Order Committee and hereby adopts the revised Chapter

20 Control of Domestic Animals of the Pyramid Lake Law & Order Code.

BE IT FURTHER RESOLVED, the Tribal Chairman or designee is hereby authorized to effectuate all

administrative actions necessary for implementation of this resolution.

BE IT FINALLY RESOLVED, nothing in this resolution shall be construed as a waiver of the sovereign

immunity of the Pyramid Lake Paiute Tribe.

Pyramid Lake Paiute Tribal Council

Resolution No.: PL 118-23 Law & Order Code Chapter 20 — Control of Domestic Animals

CERTIFICATION

It is hereby certified that the foregoing resolution of the Pyramid Lake Tribal Council body of Pyramid

Lake Paiute Tribe, composed of ten members, of whom eight (8) constituting a quorum were present at a

meeting duty held on the 20“day of October 2023, was adopted by the affirmative vote of six (6) FOR

and one (1) AGAINST, with zero (0) ABSTENTIONS; pursuant to the authority contained in the

Constitution and By-laws of the Pyramid Lake Paiute Tribe. hay

Brenda A. Henry, Tribal Council Sebretary

Pyramid Lake Paiute Tribal Council

Page 2 of 2

3.20.100

3.20.102

3.20.103

3.20.104

Chapter 20 - Control of Domestic Animals

CONTROL OF DOMESTIC ANIMALS -

Purpose and Applicability -

The purpose of this chapter is to provide for the control of domestic animals; to protect

the health, safety, and welfare of the inhabitants of the Pyramid Lake Paiute

Reservation; and to protect the property and other animals of the inhabitants of the

Reservation from damage, injury, and disease. This ordinance shall provide

justification for law enforcement. The provisions of this Chapter 20 apply to

domesticated animals (pets) of all types, except where otherwise stated.

Enforcement Procedure -

a.

Citations - A proceeding to enforce this Chapter shall be initiated by the

issuance of a citation to the alleged animal owner. The citation shall state the

name and address of the person cited, the section number and citation of the

provisions of this Chapter. The citation information shall include the time and

place of the alleged violation, and incident report. One copy of the citation shall

be given to the accused, one copy shall be filed with the Court Clerk, and a

third shall be kept by the person filing the citation. The citation shall serve as a

criminal complaint. A notice that bail may be posted in lieu of being taken into

custody.

The Tribal Judge shall establish a bail schedule for violation of this Chapter.

If no schedule is established, bail for all such violations shall be $25.00.

All the provisions of Criminal Procedure, or other criminal procedures governing

the Tribal Court shall apply to cases arising under this Chapter.

Confinement or Restraint of Animals -

a.

All domestic animals (pets) within the exterior boundaries of the Reservation,

inoculated or not, as required by Section 3.10109, shall be kept on the premises

of the home, farm or business of the person who owns or cares for the animal.

No domestic animal shall be knowingly allowed outside of the boundaries of

the owner’s premises or allowed to run free.

A domestic animal may be allowed off the premises of the owner or person who

cares for the domestic animal if the animal is physically restrained by a leash

or crate or some other fashion. The restraint must be sufficient to effectively

prevent the domestic animal from biting, molesting, or otherwise disturbing any

other animal, or person, or property.

A domestic animal confined in a motor vehicle or trailer in a manner which

prevents its escape, but which does not constitute a cruel restraint of its ability

to breathe or move, shall be deemed to be upon the owner’s premises.

The owner of a female animal (not spayed) shall be confined in such a manner

as to preclude other animals from uncontrolled access to the female during

Approved October 20, 2023

Chapter 20 - Control of Domestic Animals

estrus.

3.20.105 Dangerous or Destructive Animals - Dogs

a. No person shall keep, own, or possess any fierce, dangerous, or vicious dog or

other domestic animal unless;

i The animal is muzzled whenever it is off the premises of the owner or

person caring for the animal; and

2. The owner or person caring for the animal posts a notice that can be

easily seen by all persons entering his premises, that a fierce, dangerous

or vicious animal is on the premises.

b. If the domestic animal is found not to be in the care of the owner and is

exhibiting vicious behavior, has injured, or is harassing any other dogs, cats, or

livestock; is threatening harm to any person; or is inflicting serious harm to

property, the complainant may immediately report to the Pyramid Lake Tribal

Ranger Station. Immediate measures to minimize damage to property, physical

harm to animals or persons can be taken.

3.20.106 Cruelty and Neglect of Animals -

a.

“Torture” or “Cruelty” includes every act, omission or neglect, whereby

unjustifiable physical pain, suffering, or death is permitted.

Neglect - Failure by an individual to provide for the health and welfare of an

animal, e.g.:

e Food

e Water

e Shelter

e General physical health and welfare or refuse to obtain veterinarian care

for illness, injury, disease, or infirmity, or willfully cause, engage in, or

in any way further an act of cruelty to any animal,

Deprivation of Food or Shelter - It shall be unlawful to deprive any domestic

animal of necessary food, drink, or shelter, or expose to extreme elements of

the weather, or any act to produce such cruelty by any individual.

For any violation of this section, relative to any single domestic animal, the

animal owner shall

1. receive one courtesy citation which shall be filed with the Court Clerk

and no required court action nor appearance by the owner in court.

2. Ona second complaint, a citation may be issued under 3-10-106 (a). No

courtesy citations shall be issued on any complaints involving

destruction of property.

Approved October 20, 2023

Chapter 20 - Control of Domestic Animals

3.20.107 Animal Which Disturbs Others -

No person shall own, keep, or harbor any domestic animal which is not

regularly fed and cared for by the owner or which unreasonably annoys,

disturbs, or endangers the health or welfare of any person or neighborhood, by

loud, continuous noise; or noxious offensive odors; or destroys property of

others or uses the property of others for elimination; or does any other act of

nuisance.

b. The complainant must provide documented evidence of time, date, and

photographic evidence for a citation to be issued pursuant to the provisions of

this section.

3.20.108 Permissible Number of Dogs and Cats -

a. Domestic animal owners must have no more than five dogs and/or cats in

their care for health, safety, and sanitary conditions.

b. Any person who wishes to engage in the business of breeding domestic

animals for the purpose of sale must apply to the Pyramid Lake Tribal

Business Office for a business license and agree to unannounced inspections

to check on the health and welfare of the animals.

c. Exotic Animals and Reptiles — Will not be permitted by the Tribal Council.

3.20.109 Inoculation of Dogs and Other Domestic Animals -

a.

RABIES: All domestic animals within the exterior boundaries of the Pyramid

Lake Reservation shall be inoculated against rabies at least once every 24

months. All owners must bring their dogs or cats to the tribal Free Vaccination

Clinic as posted or to a local animal clinic.

DISTEMPER: All dogs within the exterior boundaries of the Pyramid Lake

Reservation shall be inoculated at least once against distemper under the age of

12 months.

TAGS: All domestic animals, dogs/cats, within the exterior boundaries of the

Pyramid Lake Reservation shall at all times wear a number tag indicating that

they have been inoculated as required by this Section 3.10.109 and that the

inoculation is current.

The Tribal Council may, by resolution, adopt other regulations or revise

requiring the inoculation of other domestic animals or the further or

additional inoculation of dogs.

Approved October 20, 2023

3.20.110

3.20.111

Chapter 20 - Control of Domestic Animals

Licensing of Dogs -

a. Requirement - All dogs within the exterior boundaries of the Pyramid Lake

Reservation must have a license issued by the Tribe or Ranger Station.

b. Procedure -

Li. A license shall be issued by a person appointed by the Tribal Council

to perform such duties; upon proof of the required inoculations and

payment of a $5.00 fee. The license shall consist of a metal tag that

may be affixed to the collar.

as A license shall be valid for two years and maybe renewed upon

payment of $5.00. Licenses shall be effective from the date of issue

for two years and for every subsequent 2-year period if purchased.

c. Additional Regulations - The Council shall have the power to issue, by

resolution, any additional regulations or revision that may be necessary to the

enforcement of this section.

Penalties for Violation of this Chapter -

a. Any person who violates any of the provisions of this Chapter when personal

injury is evident, is guilty of a Class E offense and subject to a fine not to

exceed $300.00 without imprisonment.

b. Any person who violates any of the provisions of this Chapter more than once

within a 6-month period is guilty of a Class D offense and is subject to a fine

not to exceed $300.00, or imprisonment not to exceed ten days or both if the

offense is cited for serious bodily harm, including death, to people or other

animals.

c. In addition to the penalties which may be imposed under subsections (a) and

(b) above, a Tribal Police Officer or Ranger may impound any domestic animal

that is in violation of the provisions of Section 3.10.100 herein.

d. The Police Officer or Ranger, or Animal Control Officer shall make every

reasonable effort to identify the owner or person responsible for the care of any

impounded domestic animal and shall give notice to such person that the

domestic animal has been impounded.

e. An owner or person responsible for the case of a domestic animal may pay

impound fees accrued for sheltering to the Pyramid Lake Ranger Station. The

owner of any impounded animal shall obtain a valid license, and or inoculations

' ifrequired, and by payment of a minimum of $2.00 for each day the animal has

been impounded. A larger fee equal to actual charges may be imposed by any

impound facility used by the Tribe (Washoe County Animal Shelter).

Impounded domestic animals that are not claimed within two weeks may be

Approved October 20, 2023

Chapter 20 - Control of Domestic Animals

given to anyone who is willing to adopt the domestic animal. Ownership should

be changed before the animal is released. If no one is willing to adopt the

animal, it may be destroyed in a humane manner.

In addition to any other punishment that may be imposed under this chapter, the Court may, in its

discretion, on such terms as are just, order the destruction or other removal of the animal from the owner

on Tribal lands of any domestic animal the subject of a citation or complaint under this chapter if the

allegations of the citation or complaint are upheld.

3.20.112 Civil Actions -

a. In addition to the penalties set forth in Section 3.10.104 through 3.10.110,

above, any person who owns or keeps a domestic animal is liable for any

injury or damage caused by that domestic animal. Such damages may be

recovered in a civil action. In any action pursuant to this Section, it is not

necessary to prove that the domestic animal is dangerous or vicious to recover

damages.

b. In any civil case charging that a domestic animal is a civil nuisance, in

addition to an award of any other damages or other judgment as may be

appropriate, the Court may in its discretion, on such terms as are just, order

the destruction or other removal from the owner or the reservation of any

domestic animal determined to be a civil nuisance.

Approved October 20, 2023