Walker River Paiute Tribe

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1022 Hospital Road * P.O. Box 220 * Schurz, Nevada 89427

Telephone: (775) 773-2306

Fax: (775) 773-2585

RESOLUTION OF THE GOVERNING BODY

OF THE

WALKER RIVER PAIUTE TRIBE

RESOLUTION NO. WR-50-2021

BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE WALKER RIVER PAIUTE

TRIBE THAT:

WHEREAS, the governing body of the Walker River Paiute Tribe (“Tribe”) is organized under

the provisions of the Indian Reorganization Act of June, 1934, as amended, to

exercise certain rights of home rule and to be responsible for the promotion of the

economic and social welfare of its members, and

WHEREAS, the Tribe’s Constitution and By-Laws create the foundation for the governance of

the Tribe and the framework for all Tribal operations and authorizes the Walker

River Paiute Tribal Council to act on behalf of the Walker River Paiute Tribe and

to promulgate ordinances for the purpose of safeguarding the peace and safety of

residents of the Reservation, and

WHEREAS, pursuant to this power, the Tribal Council has created a Law & Order Code and

other laws and ordinances to govern the conduct of people within the Tribe’s

jurisdiction, and

WHEREAS, the Tribal Council has recognized the importance of reviewing and updating the

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

protect the interests of the Tribe, its members and persons living, visiting and

working on Tribal lands, and

WHEREAS, to meet this goal, the Tribal Council drafted a new Title 25 of the Law & Order

Code titled “Animal Control”, and

WHEREAS, the new proposed Title 25 was posted for at least thirty days to allow for public

comment, the Tribal Council considered the comments and is now prepared to

take action to approve Title 25, and

NOW THEREFORE BE IT RESOLVED, by the Walker River Tribal Council, the governing

body of the Walker River Paiute Tribe, hereby adopts, approves and promulgates the attached

version of Title 25 titled “Animal Control” of the Tribe’s Law & Order Code, which shall go

into effect on June 1, 2021, and which shall supersede and replace any and all prior versions of

Title 25, and

BE IT FURTHER RESOLVED, that the Walker River Tribal Council hereby directs that the

Tribal Court make Title 25 of the Law & Order Code available to those Tribal members and

attorneys/advocates who request a copy. The expense for each copy will be at the cost of the

requester, and

BE IT FURTHER RESOLVED, that the Tribal Chairwoman or her designee is hereby

authorized to effectuate any and all administrative actions necessary for the implementation of

this resolution and the approved Title 25 of the Law & Order Code, and

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

the sovereign immunity of the Tribe.

CERTIFICATION

It is hereby certified that the foregoing resolution of the Walker River Paiute Tribal Council of

the Walker River Paiute Tribe composed of seven members, of whom 7, constituting a quorum

were present a meeting held on the 29" day of April 2021, and that the foregoing resolution was

adopted by the affirmative voter of 6-FOR and 0-AGAINST and 0-ABSTENTIONS, pursuant to

the authority contained in Article VI, Section I (e). of the Constitution and Bylaws of the Walker

River Paiute Tribe of Nevada, approved on March 26, 1937.

Gina L. Wachsmuth, Tribal Council Secretary

WALKER RIVER PAIUTE TRIBE

RE-CERTIFICATION

It is hereby certified that the foregoing resolution of the Walker River Paiute Tribal Council of

the Walker River Paiute Tribe composed of seven members, of whom 6, constituting a quorum

were present a meeting held on the 8" day of July 2021, and that the foregoing resolution was

adopted by the affirmative voter of 5-FOR and 0-AGAINST and 0-ABSTENTION, pursuant to

the authority contained in Article VI, Section I (e), of the Constitution and Bylaws of the Walker

River Paiute Tribe of Nevada, approved on March 26, 1937.

Gina L. Wachsmuth, Tribal Council Secretary

WALKER RIVER PAIUTE TRIBE

Walker River Paiute Tribe

Tribal Court

Title 25

Animal Control

Title 25 Approved by Walker River Tribal Council April on April 29, 2021

Resolution No.: WR-50-2021

Effective: June 1, 2021

Post Office Box 225, Schurz, NV 89427 * 1 elephone: (775) 773-2232 * Fax: (775) 773-2333

LAW AND ORDER CODE

TITLE 25 ANIMAL CONTROL

Table of Contents

25-10 PURPOSE AND DECLARATION OF POLICY — se

25-20 AUTHORITY — 3

25-30 JURISDICTION AND APPLICATION — 3

25-40 LIBERAL CONSTRUCTION — 4

25-50 SEVERABILITY — 4

25-60 DEFINITIONS — 4

25-70 ADMINISTRATION AND ENFORCEMENT — 7

25-80 GENERAL PROHIBITIONS — 8

25-90 IMPOUNDMENT — 12

25-100 REGISTRATION OF DOGS, CATS, AND KENNELS — 16

25-110 RABIES CONTROL — 19

25-120 VICIOUS DOGS — 21

25-130 CITATIONS FOR VIOLATORS OF THIS TITLE — 23

25-140 LIABILITY OF OWNERS, PRIVATE CAUSE OF ACTION — 26

25-150 SOVEREIGN IMMUNITY — 26

LAW AND ORDER CODE Title 25 — Animal Control Page 2 of 27

25-10

LAW AND ORDER CODE

TITLE 25 ANIMAL CONTROL

PURPOSE AND DECLARATION OF POLICY —

25-20

The Walker River Tribal Council declares that there is a lack of control over

the animal populations within the Walker River Indian Reservation and this

lack of control directly affects the Walker River Tribe's authority and

responsibility to protect persons and property within the Walker River Indian

Reservation. Additionally, the Walker River Tribal Council declares that it is

a privilege for persons to keep and maintain animals within the exterior

boundaries of the Walker River Indian Reservation, and that privilege is

subject to the requirements of this Title.

The Walker River Tribe's Animal Control Title is a necessary step to

protect the public and the Walker River Tribe's natural resources from

unregulated animal populations within the Walker River Indian

Reservation. The Title will provide for the control of animals and livestock

so as to protect the health, safety, and welfare of persons who reside or are

temporarily visiting within the exterior boundaries of the Walker River

Indian Reservation. The Title shall hold those persons accountable for their

actions that violate this Title to ensure the safety of the public, the safety of

authorized animal populations, and the protection of the Tribe's resources.

AUTHORITY -

25-30

Article IX, Subsection (j) of the Constitution of the Walker River Tribe

empowers the Walker River Tribal Council to safeguard and promote the

peace, safety, morals and general welfare of the members of the Walker

River Patute Tribe and the residents and visitors to the Walker River Indian

Reservation by regulating the conduct of trade and the use and disposition

of property upon the Reservation. It is the intent of this Title to maintain

order and protect the health, safety, and welfare of all persons within the

exterior boundaries of the Walker River Indian Reservation and to provide

for reasonable and cost-effective procedures for the enforcement of this

Title.

JURISDICTION AND APPLICATION —

The application and jurisdiction of this Title shall be consistent with Title | of the

Walker River Tribal Title regarding jurisdiction of the Tribe and its Judiciary. As

LAW AND ORDER CODE Title 25 — Animal Control Page 3 of 27

of the date of the adoption of this Title, any person found to be in violation of

regulations described hercin shal] be subject to the full extent of the law as

defined. Any actions that began prior to the adoption of the Title that are deemed

illegal after such enactment will be required to conform to this law.

25-40 LIBERAL CONSTRUCTION —

This Title shall be liberally construed in favor of the Walker River Paiute Tribe

and its Tribal Council to give full effect to the objectives and purposes for

which it was enacted.

25-50 SEVERABILITY —

If any provision of this Title, or its application to any person, legal entity or

circumstance is held invalid, the remainder of the Title, or the application of

the provision to other persons, legal entities, or circumstances, shall not be

affected.

25-60 DEFINITIONS —

If a term is not defined in this section, it shall be given its ordinary meaning,

unless otherwise defined in this Title. Terms used in this Title shall have the

following meaning, except where the context clearly indicates or requires a

different meaning.

(a) Animal: Any vertebrate members of the animal kingdom

excluding humans. Unless specifically stated in this Title, the

word "animal" as used in this Title shall include the definitions of

household pets and livestock.

(b) Bite: Any actual puncture, tearing, blunt trauma, or severe

bruising of the skin inflicted by the teeth of an animal.

prevents the animal's escape or contact with other animals.

(d) Cruelty: Any physical injury inflicted by other than accidental

means that causes or creates a substantial risk of death, disability,

disfigurement, impairment of bodily functions or other acts that

are generally accepted by a reasonable person to be cruel or

inhumane.

(e) Dangerous Animal: Any animal that, without provocation, bites, or

attacks, or attempts to bite or attack a person more than once.

LAW AND ORDER CODE Title 25 — Animal Control Page 4 of 27

(f)

(g)

(h)

(i)

(k)

(m)

(n)

(0)

(p)

Department: The Walker River Tribal Police Department or any

other Tribal department or entity delegated by the Tribal Council

with authority to enforce this Title.

Enclosed Lot: A parcel of land or a portion thereof in private

ownership around the perimeter of which a wall or fence has been

erected.

Walker River Indian Reservation: The Reservation shall extend to

all lands within the exterior boundaries of the Walker River Paiute

Reservation, and to such other lands as have been or may hereafter

be acquired by or for the Walker River Paiute Tribe.

Household Pets: Includes cats, dogs, canaries, birds of the parrot

or psittacinae family, and other kindred animals and birds usually

and ordinarily kept as household pets.

Kennel: An approved lot, building, structure, enclosure, or

premises wherein or whereon dogs or other animals kept for a

specific and narrow purpose not as household pets in numbers

above the legal limit specified in this Title.

Livestock: Horses, cattle, pigs, sheep, goats, rabbits, and/or fowl,

or any other animals used for agricultural purposes.

Neglected: Animals that are not receiving food, water, shelter,

medical care, exercise, or supervision needed for the welfare of

the animal.

Owner: A person, association, partnership, firm, corporation,

organization. or department who owns, harbors, or keeps, or

knowingly permits an animal to be harbored or kept or has an

animal in his/her care, or who permits an animal to remain on or

about his/her premises. For the purposes of this Title, the Walker

River Tribe shall not be deemed to be an owner.

Premises of Owner: The premises of an owner shall be defined as

one hundred (100) feet from the land or yard adjoining an

identifiable house or other structure regularly used by an owner.

Quarantine: To detain or isolate an animal suspect of contagion.

Restraint: Securely tied, leashed, or confined by a secure fence or

enclosure or leashed under the control of a person of suitable age

and reasonable ability to control the animal.

LAW AND ORDER CODE Title 25 — Animal Control Page 5 of 27

(q)

(s)

(u)

(vy)

Running at Large: Any animal found within the boundaries of the

Walker River Indian Reservation on public property or on the

property of persons other than the person owning or keeping the

animal unless the animal is accompanied by some person

exercising control thereof through the use of a leash or chain not

more than six (6) feet in length; generally, an animal free of

physical restraint beyond the boundaries of the premises of the

owner. Animals running at large in open fields are presumed to

not be within the premises of the owner, whether or not an owner

holds the property. The animal control officer has no obligation to

identify land ownership where animals running at large are seized.

Stray Animal: An animal with no owner identification upon it.

Animal Control Officers do not have any obligation to locate the

owners of stray animals.

Unlicensed Animal: Any dog or cat for which a registration fee

has not been paid for the current year or to which a metal tag or

other form of identification and licensing has not been attached to

the animal as required under this Title.

Vaccination: Protection provided against rabies by inoculation

with anti-rabies vaccine recognized and approved by a licensed

veterinarian given in an amount sufficient to provide immunity

from rabies for a minimum of one (1) year.

Vicious Animal: Any animal over the age of six (6) months that:

(1) Unprovoked, inflicts bites or other harm on a human or a domestic

animal, either on public or private property; or

(2) Unprovoked, chases or approaches a person or domestic animal

upon the street, sidewalks, or any public or private property ina

menacing fashion or apparent attitude of attack; or

(3) Is known of its propensity, tendency, or disposition to attack

unprovoked, to cause injury, or otherwise to threaten the safety of

humans or domestic animals on any public or private property.

Wild Animal: Any animal, whether or not bred or reared in captivity,

that is now or historically has been found in the wild, or in the wild state,

within the boundaries of the United States, its territories, or possessions.

Gencrally, an animal that, as a matter of common knowledge, is naturally

untamable, unpredictable, dangerous, or mischievous. This term includes,

LAW AND ORDER CODE Title 25 — Animal Control Page 6 of 27

but is not limited to, animals such as: bear, coyote, deer, fox, mink,

opossum, raccoon, skunk, squirrel, wolf, wild birds.

25-70 ADMINISTRATION AND ENFORCEMENT —

(a) Tribal Law Enforcement - Administration and enforcement of this Title

shall be the responsibility of the Walker River Tribal Police Department,

that, as necessary to carrying out its responsibilities under this Title, shall

have the authority to:

(1) Contract with, operate or cause to be operated animal shelters and/or

pounds;

(2) Contract with, select, train, hire or retain animal control officers to

enforce the provisions of this Title;

(3) Investigate complaints of animal delinquency within the Tribe's

jurisdiction;

(4) Issue citations for violations of this Title; and

(5) Subject to the limits imposed by this Title, whether explicit or implied,

take, confine, and dispose of animals found in violations of this Title.

(b) Delegation of Authority — As necessary to carry out its

responsibilities under this Title, the Department may:

(1) With the approval of the Tribal Council, delegate all or part of

its responsibilities under this Title to competent agencies and

officers of federal, state, local and other tribal governments or to

private persons or organizations; or

(2) With the approval of the Tribal Council, negotiate contracts or

agreements with said agencies, officers, persons, and

organizations, or their facilities, whether within or outside the

exterior boundaries of the Walker River Indian Reservation;

(3) Deputize persons over the age of eighteen (18) years for the

purpose of enforcing animal control regulations.

develop regulations and policies to further the implementation of this

Title. Any rules and regulations shall require prior approval by

LAW AND ORDER CODE Title 25 — Animal Control Page 7 of 27

resolution of the Walker River Tribal Council. Such regulations and

policies shall not be inconsistent with this Title.

25-80 GENERAL PROHIBITIONS —

(a)

(b)

(c)

(d)

General Prohibition — It shall be unlawful for any person to own, keep

possess or maintain an animal in such manner as to constitute a

nuisance. The actions of an animal constitute a nuisance when an

animal disturbs the rights of, threatens the safety of, or damages a

member of the general public; or interferes with the ordinary use and

enjoyment of private or public property. Nothing in this Title shall

prohibit an enforcement officer from taking necessary actions as

provided in this Title when he/she reasonably believes an animal

constitutes a nuisance as provided in this section but not specifically

identified in this Title. By way of example and not of limitation, the

following acts or omissions specified in this Title are hereby declared a

nuisance and therefore unlawful.

Animals Running At Large —

(1) No owner shall permit their animal, or livestock, to run at large on the

Walker River Indian Reservation.

(2) Any animal found running at large in violation of this Title shall be

subject to immediate seizure and the owner may be subject to applicable

penalties and fines.

(3) All stray animals shall be seized and disposed of through adoption or the

destruction of such animals by the Department.

(4) Any animal running at large that cannot be safely seized by the

Department may be destroyed.

Mandatory Leashing — All animals shall be physically restrained by a

means of a leash not less than six feet in length when not on the premises

of the owner. An animal may be unleashed on the premises of its owner

only if the property is enclosed by a secure fence of sufficient strength

and dimensions to prevent the animals escape or supervised by a person

of suitable age and reasonable ability to control the animal.

Disturbances and Harassment —

(1) Unnecessary noise, noxious odors. It is hereby declared to be a

nuisance and it shall be unlawful to keep, maintain, or permit on

LAW AND ORDER CODE Title 25 - Animal Control Page 8 of 27

any lot or parcel of land any animal or livestock that by any sound,

cry, or noxious odors shall disturb the peace and comfort of any

neighborhood or interfere with any person in the reasonable and

comfortable enjoyment of life or property.

(2) Estrus-females in heat. The owner of a female dog, cat, or other

non-livestock animal in heat or when in season, shall cause such

animal to be penned or enclosed in such a manner as to preclude

other animals from attacking such female anima! or being attracted

to it.

(3) Chasing vehicles, pedestrians, or bicycles. No person shall permit,

suffer, or allow an animal to chase, run after or jump at vehicles,

or bicycles lawfully using public streets, avenues, alleys, ways, or

public places within the Walker River Indian Reservation.

(4) Jumping and barking at pedestrians. No persons shall allow an

animal that frequently or habitually snarls or growls at or snaps or

jumps upon or threatens persons lawfully upon the public

sidewalks, streets, alleys, or public places within the Walker River

Indian Reservation.

(e) Harassing or Attacks on Livestock and Domestic Animals — No owner

shall permit their animal to chase, bite, injure, or harass any livestock or

other domestic animal or wild animal on the Walker River Indian

Reservation. It shall be the duty of the owner of such animal upon

notification of the fact by the owner of such livestock or other domestic

animal or by the Department, to keep such animal in proper enclosure.

(f) Animal Killing or Injuring Animals or Livestock — If any animal shall

kill or injure any animals, wild animals, or livestock, the owner or

keeper of such animal shail be liable for all damages that may be

sustained thereby, to be recovered by the party so injured by any court

having competent jurisdiction. It shall be unlawful to keep such animal

after it is known the animal has killed or injured animals, wild animals,

or livestock. It shall be the duty of any person owning or keeping any

animals or livestock that shall be found killing or committing injury

upon any livestock, domestic animal. or wild animal to kill such animal

within forty-eight (48) hours after being notified of that fact by the

owner of such livestock or domestic animal or by the Department. If

such owner or keeper of an animal shall fail or neglect to comply with

the requirements of this section, it shall be lawful for the Department to

impound or dispose of such animal.

(g) Directing Animals — No person shall direct, cause, encourage, allow, or

otherwise aid or assist any animal to threaten, charge at, intimidate, bite,

LAW AND ORDER CODE Title 25 — Animal Control Page 9 of 27

(h)

(i)

(k)

harass, menace, or attack any person or animal within the Walker River

Indian Reservation. This section does not apply to owners of animals

involved in lawful hunting or law enforcement activities.

Animals in Vehicles —

(1) No person shall transport or carry, on any public highway or public

roadway, any animal or livestock in a motor vehicle unless that animal

or livestock is safely enclosed within the vehicle or protected by a

cage, container, or other device that will prevent the animal or

livestock from being thrown from, or jumping from,the motor vehicle.

(2) No person shall Jeave an animal or any other animal in any unattended

vehicle without adequate ventilation or in such a manner as to subject

the animal to extreme temperatures that adversely affect the animal's

health or welfare.

Diseased Animals — No person shall keep or sell any animal that is

actually known or reasonably believed to be infected with any

communicable disease, or that is afflicted with any painful disease

believed by him/her to be incurable, without a permit to do so from the

Department. It shall be unlawful to sell an animal that the seller knows,

or reasonable should know is diseased.

Abandonment — It shall be unlawful for any owner to abandon any

animal or animals within the exterior boundaries of the Walker River

Indian Reservation.

Limitation on Number of Animals Allowed —

(1) Dogs — Unless authorized by the Department pursuant to Section 25-

80(k)(4) of this Title, no more than four (4) dogs per residence are

allowed. Any excess of the number of dogs found may be seized and

disposed of under this Title.

(2) Cats — Unless authorized by the Department pursuant to Section 25-

80(k)(4) of this Title, no more than four (4) cats per residence are

allowed. Any excess of the number of cats found may be seized and

disposed of under this Title.

(3) Other Household Pets — The limitation on the number of other forms of

household pets shall be determined on a case-by-case basis. Persons

having excessive numbers of other types of household pets that as a

result of such excessive numbers are causing violations of this Title,

may be subject to seizure of the violating animals or be required to take

LAW AND ORDER CODE Title 25 — Animal Control Page 10 of 27

actions to stop continuing violation of this Title at the discretion of the

Tribal Council.

(4) Variance — Owners that have animals in greater numbers than the

numerical restrictions under this section may apply to the Department

for a variance. The Department shall draft requirements for granting said

variances. Variances under this section shall not be granted for the

purposes of operating a kennel as defined under this Title. Variances

shall only be granted for those dogs and cats that are household pets.

Variances shall not create or be determined to be associated with any

form of property right, and may be revoked at any time. The Department

has the sole discretion to grant or deny an application for a variance. The

Department’s decision shall be final.

(1) Cruelty to Animals — The Department shall have the power to intervene

to prevent the perpetration of any act of cruelty upon any animal and

may seize the animal for its safety until conditions are safe for the

animal. It shall be unlawful by acts or omissions to:

(1) Torture, torment, mutilate, cruelly beat, or kill, or seriously over

work an animal; or

(2) Failure to provide necessary food, drink, air, light, space, shelter, or

care for an animal in one's custody, or

(3) Abandon an animal in one's custody, or

(4) Transport or confine and animal in a cruel manner, or

(5) Kill, injure, or administer poison to an animal without legal

privilege to do so; or

(6) Cause one animal to fight with another.

(7) Other non-physical forms of cruelty whereby a reasonable person

would consider the actions to be cruel and inhumane to an animal.

(m) Prohibition of keeping wild animals or other animals prohibited under

applicable federal law — No person without prior written authorization

by the Department shall keep any wild animals in live captivity or any

animal that is prohibited from private ownership under applicable

federal laws. Any person found to have such animals shall surrender

the animal and pay any costs associated with the Department's

handling the animal and returning it to the wild or other proper

LAW AND ORDER CODE Title 25 — Animal Control Page 11 of 27

authorities.

25-90 | IMPOUNDMENT —

(a) Small Animal Pound Authorized — A small animal pound is hereby

authorized to be established by the Walker River Tribal Council within

the exterior boundaries of the Walker River Indian Reservation. It shall

be located at some convenient place to be fixed by the Walker River

Tribal Council. The small animal pound shall remain under the charge

and control of the Animal Control Officer. The Animal Control Officer

shall cause all animals to be impounded to be provided with sufficient

food and water and shall keep the animal shelter clean and sanitary at all

times. The Walker River Tribal Council at its discretion may establish a

permanent small animal pound at any time after the adoption of this

Title. The lack of said pound shall not have any effect on the laws

established by this Title and they shall be in full effect and enforceable.

(b) Animal Control Officer - The Office of Animal Control is within the

Police Department and is hereby established as part of the administrative

organization of the Tribe. The Animal Control Officer shall be hired by

and hold office at the pleasure of the Walker River Tribal Council

receiving such compensation as the Council from time to time may

provide for and shall work under the supervision of the Chief of Police.

While engaged in the discharge of his/her duties, the Animal Control

Officer shall wear a badge plainly designating his office. He/she shall

enforce all laws of the Tribe relating to the care, treatment, and

impounding of animals and the prevention of cruelty to animals. He/she

shall be sworn in as a police officer and be vested with the power and

authority of such an officer for the sole purpose of performing the duties

of Animal Control Officer, but he/she shall not be deemed to be a

member of the Police Department unless qualified and appointed as such.

supervision and direction of the Animal Control Officer shall possess

every power and perform all duties belonging to the office of Animal

Control Officer whenever the Animal Control Officer shall designate

and authorize any employee to so act; provided, however, no employee

shall be so empowered unless he/she has been sworn in as a police

officer of the Tribe and has been issued a metallic badge, plainly

designating his/her office, to be worn while performing such duties.

LAW AND ORDER CODE Title 25 — Animal Control Page 12 of 27

“ (d) Right of Entry — In the administration and enforcement of the provisions

of this chapter, the Animal Control Officer shall have authority to enter

upon any premises upon which any animal is kept or located for the

purpose of picking up, seizing, or impounding any animal found running

at large, or staked, herded, or grazing thereon, contrary to the provisions

of this chapter, or for the purpose of ascertaining whether such animal is

registered or licensed as provided in this chapter, or for the purpose of

inspecting the premises to ascertain whether any law of the Tribe

relating to the enforcement of this Title, is being violated; provided,

however, the right of entry shall be exercised only during daylight

hours, and no building within the curtilage of a home shall be entered

without the consent of the owner or tenant. If any owner or tenant

objects to such entry of said building, the Animal Control Officer shall

secure a warrant authorizing him/her to enter and search such building

and to arrest any person there present violating, or attempting to violate,

any law of the Tribe relating to the enforcement of this Title.

(e) Interference with the Animal Control Officer —- No person shall resist or

interfere with the Animal Control Officer in the performance of his/her

official duties, nor shall any person fail or refuse to exhibit the

registration of any animal required to be licensed by this chapter when

A“ required to do so by the Animal Control Officer. Should a person fail or

refuse to exhibit the registration of any animal required to be licensed,

the animal may be seized, and the Owner shall be required to pay all fees

and costs associated with redeeming the animal.

(f) Impounding Duties —

(1) It shall be the duty of the Animal Control Officer to take up, seize,

and impound any animal found running at large in or upon any street

or upon any unenclosed lot, or found staked out, herded, or grazing

upon any street in any manner contrary to the provisions of this

chapter. All other Walker River Tribal police officers on duty shall be

required to take up, seize, and immediately deliver to the Animal

Control Officer any animals so found running-at-large. If the animals

cannot be safely seized by the Walker River Tribal Police officers, the

officers shall notify the Animal Control Officer of the violating

animal.

(2) The Animal Control Officer shall keep a record of each animal

impounded, including the date such animal was received, the date and

manner of its disposal, and the name and address of the person who

rn redeemed, reclaimed, or purchased the animal from the animal pound,

LAW AND ORDER CODE Title 25 ~ Animal Control Page 13 of 27

(g)

(h)

(i)

together with the amount of all fees received and collected therefore

and the number of any license or the date of any registration exhibited

or issued in connection therewith.

Notice of Impoundment — If any animal taken up or impounded shall be

licensed or registered, and if such tag and number shall be upon the collar

of such animal or implant, the Anima] Control Officer shall give notice to

the owner thereof within forty-eight (48) hours after the animal shall have

been taken up. Such notice shall state that the animal has been taken up

and impounded and will be disposed of as provided in this Title. The

notice shall be served upon the owner by delivering the same to him/her

personally, or by leaving the same with any person at the place of

residence of the owner, as stated in the records of the Tribe, or by posting

the same in a conspicuous place at the address of such owner, or by

United States mail. All of which shall constitute sufficient notice. In

addition to service, the Department will attempt to contact an owner by

phone and the numbers listed in the Department's records. No further

notice shall be required if any one of the aforementioned methods are

used.

Reclaiming Animals — The owner or person entitled to the custody of any

animal taken up, seized, or impounded may, at any time before the sale or

disposal thereof, redeem such animal by paying to the Animal Control

Officer the charges, fines, and fees, including registration fees, accruing

up to the time of such redemption. Owners shall be required to pay any

accrued charges and fees for the capturing, care, and disposal of the

animal whether or not they have redeemed or abandoned the animal.

Abandonment of Animals — Any owner entitled to regain custody of an

animal pursuant to the provisions of this Title, who fails to redeem their

animal within the time required for redemption under this Title, shall

have abandoned all legal rights and interests in the animal. All

impounded stray animals are deemed to have been abandoned.

Notice of Sale; Sale of Animals —

(1) All impounded animals, except dogs, cats, rabbits, birds, and poultry,

may be promptly advertised for sale by the Animal Control Officer if

not redeemed within three (3) days after being impounded. The

Animal Control Officer shall post the following notices of sale, one at

the public notice board at the Tribe's Administration Building, one at

the Walker River Tribal Police Department, and one at the Pound, if

the Pound is separate from the Walker River Tribal Police

Department. The notice shall contain a general description of the

LAW AND ORDER CODE Title 25 — Animal Control Page 14 of 27

{k)

()

animal to be sold, with its marks or brands, if any, and shall note the

date, hour, and place of sale.

(2) The Animal Control Officer may proceed to sell for an amount of

money as established, from time to time by motion of the Council,

those impounded animals advertised for sale by the Animal Control

Officer. The Animal Control Officer shall execute to the purchaser

thereof a bill of sale, and thereupon the title of such animal shall vest.

(3) If the Animal Control Officer determines that it is not in the best

interests of the Department to sell the animal or is unable to sell

within a reasonable time frame the Animal Control officer may

dispose of the animal as appropriate.

Disposition of Unredeemed or Infected Animals —

(1) The Animal Control Officer shall sell, or order the destruction of, any

dog, cat, rabbit, bird, or poultry that is unredeemed within three (3)

days after the notice of impoundment shall have been given to the

owner or possessor of any such registered or licensed animal. Any

person who buys any such animal shall pay the Animal Control

Officer the reasonable value thereof, together with the accrued pound

fees and the required registration fee. No dog, cat, rabbit, bird, or

poultry shall be retained in the animal pound longer than one week,

except when under quarantine or upon the written approval of the

Chief of Police.

(2) It shall be the duty of the Animal Control Officer to issue and sign a

death warrant for, and to order the destruction of, any animal lawfully

taken into the custody of the Department which is, in the opinion of

the Animal Control Officer, by reason of old age, unfit for use or

which is infected with any dangerous or communicable disease, or in

any incurably crippled condition or painful disease.

Proceeds from Sale - Upon the sale of any animal, the balance of the

proceeds remaining after the payment of the accrued fees, charges, and

demands shall be paid into the Tribal treasury.

Impounding Fees — The Animal Contro} Officer shall charge, receive, and

collect fees and charges for services and impounding animals as shall be

established from time to time by motion of the Council. All monies received

shall be paid into the Tribal treasury and to be credited to the general fund.

LAW AND ORDER CODE Title 25 — Animal Control Page 15 of 27

A“

25-100 REGISTRATION OF DOGS, CATS, AND KENNELS —

(a)

(b}

{c)

LAW AND ORDER CODE Title 25 — Animal Control Page 16 of 27

Registration Required, Exceptions —

(1) It shall be unlawful for any owner or person having the custody and

control of any dog or cat over the age of four (4) months to keep or

possess such dog or cat within the exterior boundaries of the Walker

River Indian Reservation unless such animal has been duly

vaccinated for rabies, licensed, and registered in accordance with the

provisions of this Title.

(2) The provisions of Title 25, Section 100(a)(1) shall not be deemed or

construed toapply:

(1) To any dog or cat owned by or in the custody or control of a nonresident of the Walker River Indian Reservation who is visiting

or temporarily residing within the Walker River Indian

Reservation for a period not exceeding thirty (30) days; and

(ii) To any dog or cat having an unexpired rabies vaccination certificate

and an unexpired license or registration certificate issued by

another city, county or city, or county in the state, and for a

period of thirty (30) days after the expiration of such certificates

or until the expiration of the then current dog registration period,

whichever first occurs.

Registration Fees — An application for a dog or cat license registration

shall be made to the Walker River Tribal Police Department, along with

a $5.00 fee for each license.

Registration Period — All registrations provided for in this section shall

be valid for a period of twelve (12) months and shall expire twelve (12)

months after issuance. The license and registration fees shall be paid in

advance. Fees shall not be prorated, and the full amount thereof shall be

paid regardless of the time the fee became due. All fees shall become

delinquent if not paid within thirty (30) days of the issuance of a valid

certificate of canine anti-rabies vaccination or within sixty (60) days

after the dog or cat attains the age of four (4) months. A penalty shall be

established from time to time by Motion of the Tribal Council which

shall be added to the fee that becomes delinquent. Such penalty, as well

as the fee, shall be paid before the registration certificate is issued.

(d) Vaccination; Certificate —

(1) A dog or cat license shall not be issued unless the applicant shows

the Department a valid certificate of canine anti-rabies vaccination,

which certificate adequately describes the physical features of the

dog or cat and the date of the vaccination and which bears the

signature of the licensed vaccination.

(2) The type of vaccine acceptable and the frequency of vaccination

shall be determined by the Department.

(e) License Tags or Implants —

(1) Dog and cat license tags or implants — With each registration there

may be issued a license tag or implant bearing the identification

number and the date of expiration, and if a metal tag shall bear the

words "Walker River Animal License" plainly inscribed thereon.

Such tag shall be securely fixed toa collar, harness, or other device to

be worn at all times by the animal for which the registration is

issued.

(2) Duplicate license tags - Whenever a license tag, as provided for in

this section, issued for the current year, has been lost, taken, or

stolen by party unknown to the owner or persons having control of

the animal for which the same was issued, such owner or person

having control of such animal may, upon the payment of the fee or

charge as shall be established from time to time by motion of the

Tribal Council and upon making and subscribing to a declaration of

such loss of such tag, receive from the Department a duplicate

license tag for the remaining portion of the year for which the

original license was issued.

(3) Unauthorized removal — It shall be unlawful for any unauthorized

person to remove from any animal any collar, harness, or other

device to which is attached a license tag for the current year or to

remove such tag therefrom.

( Registration Records —

(1) Each registration required by this section shall state the name and

residence address of the person to whom issued, the nature of the

registration, the amount paid, the date issued, and the date on

which the registration shall expire. The registration shall also

LAW AND ORDER CODE Title 25 — Animal Control Page 17 of 27

io contain a description of the animal, a digital picture of the animal,

the number of the metal tag or implant accompanying the

registration certificate, and the date of vaccination.

(2) The Department shall keep a record of the name, physical and

mailing address, and phone number of each person to whom a

registration certificate or certificate and tag are issued pursuant to

the provisions of this subchapter, the name, physical and mailing

address, and phone number of an alternate contact. All money

received for registrations or licenses under the provisions of this

chapter shall be paid to the Tribal treasury, to be credited to the

general fund.

(3) It is the duty of every owner to immediately notify the Department

in writing of any changes to the information that was listed to

actions that result due to the Owner failing to provide accurate

information; additionally, the Department has no obligation to look

for any other information beyond what is listed in the registration

records. The Department relies on the accuracy of the information

given on each owner's registration. The information will be used to

i) notify any owner if their animal is violating this Title or has been

impounded. If the Department does not have correct contact

information an animal may be disposed of according to this Title

and the Owner may not receive any notice duc to inaccurate

information.

(g) Kennels ~ Kennels shall not be permitted to operate within the exterior

boundaries of the Walker River Indian Reservation. The Walker River

Tribal Council may by motion authorize the operation of kennels within

the Reservation after the adoption of this Title. The motion shall direct

the Walker River Tribal Police to develop regulations to govern the

operation of kennels within the Reservation for review and approval by

resolution of the Walker River Tribal Council. After the regulations

have been approved, kennels shall be permitted to operate in a manner

consistent with such regulations.

(h) Variance — Owners that have animals that are not kept for the purposes

of household pets but have greater than the numerical restrictions in

Section 25-80(k) prior to the Tribal Council authorizing the operation

of a kennel and subsequent regulations may apply to the Department for

ran a variance. The Department shall draft requirements for granting said

LAW AND ORDER CODE Title 25 — Animal Control Page 18 of 27

variances. Variances shall not be determined to be associated with any

property right and may be revoked at any time. The Department has the

sole discretion to grant or deny an application for a variance. The

Department's decision to deny an application for a variance shall be

final.

25-110 RABIES CONTROL —

(a)

(b)

{c)

Rabid Animals at Large — It shall be unlawful for any person owning,

having an interest in, harboring, or having the care, charge, control,

custody, or possession of any animal, knowing that such animal has

rabies, to allow or permit such animal to go free and run at large within

the Reservation.

Suspicion of Rabies —

(1) Whenever the owner or person having the custody or possession of

any animal shall observe or learn that such animal has shown

symptoms of rabies, or has acted in a manner that would lead a

reasonable person to suspect that it might have rabies, such owner or

person having the custody or possession of such animal shall

immediately notify the Department and shall permit the Department

to make an inspection or examination of such animal and to

quarantine such animal until it shall be established to the satisfaction

of the Department that such animal does or does not have rabies. It

shall be unlawful for any person to kill an animal infected with rabies

or an animal suspected of having rabies without prior authorization

by the Department.

(2) Whenever it shall appear to the Department that there is reason to

believe that any animal has rabies, or has been exposed to rabies, the

Department shall make an inspection and examination of such

animal and shall quarantine such anima! until it shall be established

to the satisfaction of the Department that such animal does or does

not have rabies.

Quarantine of Animals —

(1) Whenever it is shown that any animal has bitten any person, the

owner or person having custody or possession thereof shall isolate

the animal.

(2) Animals that have bitten a human shall be confined in a manner

that will allow observation of the animal for the duration of the

isolation period.

LAW AND ORDER CODE Title 25 — Animal Control Page 19 of 27

(3) Isolation of a biting animal may be allowed on the owner's

premises when, in the judgment of the Department, adequate

facilities are provided to ensure adequate confinement and when

the owner exhibits a responsible attitude that will ensure

confinement during the isolation period. A securely fenced yard or

caged area are considered adequate for home confinement.

(4) When, in the judgment of the Department, adequate facilities for

confinement may not exist or the owner may be unable or

unwilling to properly supervise confinement of the animal,

confinement shall occur at a veterinary hospital or a dog kennel, or

other adequate location for confinement at the expense of the

owner. The owner shall pay any expenses of quarantine prior to

the confinement of the animal. If the owner refuses to pay the

quarantine expenses, the Department is authorized to euthanize the

biting animal for the purpose of laboratory examination for rabies.

In cases where the owner does not desire to quarantine the biting

animal, the owner may authorize euthanasia of the biting animal

for the purpose of laboratory examination for rabies.

(5) Unvaccinated animals subject to rabies, that have been bitten or

have been in intimate contact with a known or suspected rabid

animal, shall be quarantined for a period determined by the

Department, or disposed. Animals quarantined pursuant to this

section shall be quarantined to prevent escape or contact with

other animal species.

(6) Whenever any animal shall be bitten by another animal having

rabies, the owner or person having custody or possession of the

animal so bitten shall, upon being informed thereof, quarantine it

and keep it confined for a period to be determined by the

Department, and the Department shall have power, in its

discretion, to kill or quarantine any animal so bitten in the event

the owner or person having custody or possession thereof shall fail

to do so immediately or in the event the owner or person having

custody or possession thereof is not readily accessible.

(d) Disposition of Rabid Animals — If it shall appear to the Department or

other qualified Tribal Official, upon examination, that an animal has

rabies, he/she shall in its reasonable opinion dispose of the animal.

(e) Transporting of Animals to or from Rabies Areas — No person shall

bring an animal into the Walker River Indian Reservation from a

county in which rabies is present or has been known to be present

LAW AND ORDER CODE Title 25 — Animal Control Page 20 of 27

25-120

within six (6) months.

VICIOUS DOGS —

(a)

(b)

Requirement of Physical Restraint — No person shall keep, own, or

possess within the boundaries of the Walker River Indian Reservation

any Vicious dog unless muzzled and restrained by a substantial chain or

Icash and under the physical restraint of a responsible person or confined

in a proper enclosure in such a way as to prevent it from biting any

human being, livestock, domestic animal, or game animal; nor permit

such dog to run at large at any time.

Registration, Identification, and Insurance of Vicious Dog — It is unlawful

for an owner to have a Vicious dog on the Reservation without a

certificate of registration issued under this section. The Department shall

issue a certificate of registration to the owner of a Vicious dog if the

owner presents to the authority sufficient evidence of:

(1) A Vicious dog shall require a proper enclosure. A proper enclosure is

a securely confined, locked pen, kennel, or structure upon the

premises of the owner of such dog. Confinement shall be

accomplished by means of a substantial fence or similar enclosure, set

back at least ten (10) feet from property lines, sidewalks, and streets,

and of sufficient strength and height to prevent the dog from escaping

therefrom, and shall be locked and secured to prevent entry of young

children and other dogs. If the pen or structure has no bottom secured

to the sides, the sides must be embedded into the ground no less than

one (1) foot, and there must be additional preventative measures

taken to ensure the vicious dog cannot dig under the sides to escape.

The pen or enclosure shall be structurally sound and maintained in

good repair, and shall have a top, if necessary, to prevent a dog from

escaping and shall also provide protection from the elements for the

dog;

(2) The posting of the premises with a clearly visible warning sign that

there is a Vicious dog on the property. In addition the owner shall

conspicuously display a sign with a warning symbol that warns

children of the presence of a vicious dog; and

(3) A surety bond issued by a surety insurer in a form acceptable to the

Animal Control Authority in the sum of at least one hundred thousand

dollars ($100,000.00) payable to any person injured by the vicious

dog; or a policy of liability insurance such as homeowner’s insurance

in the amount of at least one hundred thousand dollars ($100,000.00)

LAW AND ORDER CODE Title 25 — Animal Control Page 21 of 27

ey insuring the owner for any personal injuries inflicted by the vicious

dog.

potentially vicious dogs. The Department may find and declare a dog

vicious if it has substantial evidence to believe that the dog falls within

the definition of “vicious animal!” set forth in Section 25-60. Substantial

evidence may be based upon:

(1) The written complaint of a person who is willing to testify that he

or she witnessed the dog acting in a manner that causes it to fall

within the definition of vicious dog;

(2) Dog bite reports filed with the Department or any other

governmental agency;

(3) Actions of the dog witnessed by the Department or any other

governmental agency; or

(4) Other relevant substantial evidence.

cry (d) Written Notice — Upon the Department's determination that substantial

evidence exists to believe that a dog is vicious, it may issue a written

notice to the owner of the dog addressed to the contact information listed

in the Dog’s registration records. The notice shall contain the following:

(1) The name and address of the owner of the dog;

(2) A brief description of the dog;

(3) A brief statement of why the dog has been found to be vicious dog;

(4) The requirements for restraint of the dog, as determined by this Title and

that these requirements must be complied with within 48 hours;

(5) The penalties for violation of the requirements for restraint imposed by

Tribal Code, including a statement that, if the requirements are not

timely met, the Department will issue a citation.

(e) Violation - Any dog that has previously been declared a vicious dog is in

violation of this Title if:

(1) The dog is not validly registered under this Title; or

LAW AND ORDER CODE Title 25 — Animal Control Page 22 of 27

(2) The owner does not secure and maintain liability insurance coverage

required under this Title.

(3) The dog is not maintained in the proper enclosure; or

(4) The dog is outside of the dwelling of the owner or outside of the

proper enclosure and not under the physical restraint of a responsible

person.

(5) The dog threatens or attacks and inflicts harm on any person,

livestock, game, or domestic animal.

(f) Enforcement — Any owner who keeps his/her dog in violation of this

section will be subject to:

(1) Seizure and possible destruction of the dog by the Department.

(2) Any fines or associated costs with the confiscation and destruction

of the animal.

25-130 CITATIONS FOR VIOLATORS OF THIS TITLE —

Citations will be issued to any owners of animals found to be violating this

Title. Citations will not be issued for stray animals because ownership of the

animal is not able to be identified.

(a) Violations Not Involving Physical Harm to Humans — If the animal is

not a stray, the following enforcement procedures shall apply:

(1) First violation of any provision of this Title: If the animal is not in

violation of other sections of this Title the Owner shall be subject to

the applicable fines, penalties, plus any assessed shelter and

redemption fees and costs.

(2) Second violation of any provision of this Title: The Owner shall be

subject to the applicable fines, penalties plus any assessed shelter and

redemption fees and costs.

(3) Third violation of any provision of this Title: The Owner shall be

subject to the applicable fines, penalties plus any assessed shelter and

redemption fees. The animal shall be deemed a repeat offender as of

the third violation.

LAW AND ORDER CODE Title 25 — Animal Control Page 23 of 27

(4) Fourth violation of any provision of this Title: Upon the fourth

violation of this Title, the Owner shalj as a matter of law is determined

to be incapable of maintaining the privilege to own an animal within

the Walker River Indian Reservation. The offending animal shall be

seized and disposed of through adoption or destruction. The Owner

shall be subject to applicable fines, penalties plus any assessed shelter

and disposal fees and costs.

(b) Violations involving physical harm to humans — If an animal causes

physical harm to a human by an unprovoked attack, the animal shall be

seized by the Department and destroyed.

has issued more than four (4) citations to an Owner for violations of this

Title, the Department may determine the Owner incapable of having the

privilege of owning animals within the exterior boundaries of the Walker

River Indian Reservation. An Owner shall be prohibited from having

animals. Any animals found to be in the possession of the Owner shall

be seized and disposed of through adoption or destruction. The owner

shall bear all costs associated with such removal.

(d) Administrative Appeal of Citations, Appeal to Tribal Court, No Further

Appeals — Any person receiving a citation may either pay the fine and

obey the citation or they may appeal the citation to the Chief of Police.

(1) Administrative Appeal — Any appeal must be filed within the time

period for redemption of an animal. Any appeals received after the

time period for redemption shall be dismissed as moot and any and

all appeal rights are terminated after the time for redemption has

lapsed.

(2) Contents of Appeal — The appeal shail be in writing and addressed

to the Chief of Police listing the citation and the specific evidence

of why the citation was not proper. The Chief of Police shall

review the memorandum and determine whether or not substantial

evidence exists to support the citation in light of the evidence

presented in the memorandum. The Chief of Police may request

further information from the Owner if necessary. A decision shall

be issued to the owner within a reasonable time of a receipt of the

appeal.

(3) Owner must pay redemption fees — The Department shall not keep

LAW AND ORDER CODE Title 25 — Animal Control Page 24 of 27

animals impounded during the administrative appeal of a citation,

unless in the Department’s sole discretion it determines that the

safety of the animal or the protection of the public so requires

impoundment. The Owner of an animal shall pay all necessary

redemption costs and fees to obtain release of the animal. Any

redemption costs and fees may be returned to the Owner if the

Chief of Police determines that the citation was not supported by

substantial evidence. The Owner shall not be entitled to any other

forms of compensation or damages except a refund for all ora

portion of redemption fees.

(4) Abandonment — An owner refusing to pay redemption fees or

refusing to pay any fees to keep the animal shall as a matter of law

have abandoned the animal according to Section 25-90(i) of this

Title. All administrative appeals shall be dismissed if an owner

abandons the animal. Any Owner abandoning his animal shall be

responsible for all costs associated with the impoundment and

disposal of the animal.

(5) Animals Not Redeemable — For those animals that the Department

deems unredeemable as a result of a violation of this Title, this

section applies. No dog may be destroyed or otherwise disposed of

if the owner of the animal has sought an appeal of the Department's

determination, until the appeal has been completed. The Owner of

the animal shall be liable for the cost of the care and feeding of the

animal pending the outcome of judicial review and shall deposit

monthly, in advance, the cost of such care and feeding as

determined by the Department. Failure to make such a deposit

shall result in an abandonment of said animal after giving the

Owner of the animal five (5) days written notice of their failing to

make the required deposit in advance. In the event judicial review

is favorable to the Owner, all or a portion of the amounts paid for

the care and feeding of the animal pending the review may be

refunded.

(6) Appeal to Tribal Court - The Walker River Tribal Court shall have

the jurisdiction to hear appeals from the administrative decisions of

the Chief of Police. The jurisdiction of the Walker River Tribal

Court shall be that as an appellate court and shall only use the

record created by the Department to make a decision. The Walker

River Tribal Court's decision is only limited to determining

whether or not the citation was proper, and deference shall be

afforded to Department's administrative decision.

LAW AND ORDER CODE Title 25 — Animal Control Page 25 of 27

25-140

(7) Decision of the Walker River Tribal Court — The Walker River

Tribal Court may affirm the Department's administrative decision

and in so doing the Department may collect any costs a prevailing

party is authorized to recover under Tribal law. A Walker River

Tribal Court decision that an Owner was determined not in

violation of this Title shall authorize the release of an

unredeemable animal within a reasonable amount of time and the

decision may include the refunding of any previously paid

redemption fees or costs to care for unredeemable animals. No

other compensation or any form of damages shall be authorized to

be issued against the Walker River Paiute Tribe.

(8) No Jurisdiction for Abandoned Animals — The Walker River Tribal

Court shall have no jurisdiction to hear appeals from Department

decisions when the animal has been deemed abandoned under this

Title. Any appeal shall be dismissed by the Walker River Tribal

Court.

(9) No Further Appeals - The Walker River Tribal Court’s decision

shall be final and there shall be no further right of appeal.

LIABILITY OF OWNERS, PRIVATE CAUSE OF ACTION —

25-150

Every person owning or keeping an animal within the exterior boundaries of

the Walker River Indian Reservation shall be liable in damages for any injury

or damages committed by such animal. Any person or the Tribal Council

may file a civil complaint against said owner in the Walker River Tribal

Court for compensation for damages caused by such animals. This section

does not authorize any causes of action to be brought against the Walker

River Tribe.

SOVEREIGN IMMUNITY -

Nothing in this Title shall be deemed or construed to be a waiver of the

sovereign immunity of the Walker River Tribe, its officials, its entities, or

employees acting within their official or individual capacities.

LAW AND ORDER CODE Title 25 — Animal Control Page 26 of 27

CERTIFICATION

As a duly-elected official of the Walker River Paiute Tribe, I do hereby certify that at a meeting

duly called, noticed, and convened on the. D7/Aday fQard, 2021, at which time a quorum

of _{pwas present, the Title 25, Animal Control was duly amended by a vote of (FOR, O

AGAINST, OABSTAINED, and said Title has not been rescinded or amended in any form.

Anlbe: Meee la b/2L3/

Tribal Council Chairperson Date

ATTEST:

bee Sb. tbaetans —“ /20fe0e/

Tribal Secretary Date

LAW AND ORDER CODE Title 25 — Animal Control Page 27 of 27

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