WINNEBAGO TRIBAL CODE (2025)
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WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
HEALTH, SAFETY, AND WELFARE
SUMMARY OF CONTENTS
SECTION
ARTICLE-PAGE
1. TABLE OF REVISIONS
ii
2. TABLE OF CONTENTS
iii
3. ARTICLE 1: MENTAL HEALTH COMMITMENT ACT
1-1
4. ARTICLE 3: ANIMALS
3-1
5. ARTICLE 4: OPEN BURNING
4-1
6. ARTICLE 5: BURNING OF PETROLEUM PRODUCTS
5-1
7. ARTICLE 6: OPEN DUMPING
6-1
8. ARTICLE 8: COMPULSORY EDUCATION
8-1
9. ARTICLE 9: FOOD CODE
9-1
10. ARCITLE 10: CORONER
10-1
11. ARTICLE 11: WINNEBAGO DRUG-FREE WORKPLACE
11-1
12. ARTICLE 12: WINNEBAGO WORKER’S COMPENSATION
12-1
13. ARTICLE 13: FLOOD DAMAGE PREVENTION CODE
13-1
14. ARTICLE 14: WINNEBAGO POLLUTION CONTROL CODE
14-1
15. ARTICLE 15: LANDLORD TENANT RELATIONS
15-1
16. ARTICLE 16: SEX OFFENDER REGISTRATION
16-1
17. ARTICLE 17: SEX OFFENDER RESTRICTIONS
17-1
18. ARTICLE 18: WHISTLE BLOWER PROTECTION
18-1
19. ARTICLE 19: SETTLING PARTICIPANT BRAND LISTING ACT
19-1
20. ARTICLE 20: PUBLIC HEALTH CODE
20-1
21. ARTICLE 21: SEXUALLY TRANSMITTED DISEASES AND
MINORS
21-1
i
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
TABLE OF REVISIONS
The following table is included in this title to show the legislative history for each article and as a guide for
determining whether each article properly reflects the current version. This table will be updated as each article is
revised.
Pages in bound titles can be inserted and removed when sections are revised on an article-by-article basis.
This table should be placed before the Table of Contents in the title.
The “Article” column lists each article number and the “Section” column lists any corresponding sections that have
been revised, in sequence. The “Revised Date” column reflects the effective date of the revision (e.g., “6/20/15”).
The “Resolution No.” column identifies the resolution approving the revision that was adopted by the Winnebago
Tribal Council. If an article is not listed in the table, it has not been revised since the initial adoption of this title of
the Tribal Code.
Article
Section
Resolution No.
Revised Date
1
101-106
93-96
8/16/93
8
8
11
12
12
3
12
15
13
3
“
1
16
11
17
13
16
11
12
1
18
19
6
20
1
13
21
8
1101-1119
801-811
111
Entire Article Repealed
1201-1246
301-345
1201-1246
1501-1513
1301-1319
300, 306, 311-312, 320, 328,
332-333, 349
101-106
1601-1678
1101-1119
1701-1710
1306
1614, 1618, 1643, 1657, 1671
1110
1619
101-106
1801-1816
1901-1906
601, 603, 604
Article Adopted
101, 102, 105
1301-1319
Article Adopted
Article Amended
96-56
05-03
05-34
07-86
08-27
08-56
08-100
10-53
11-29
11-70
“
11-73
11-124
11-146
12-17
12-25
12-56
12-92
13-20
14-08
15-135
16-42
17-12
22-34
23-61
24-166
24-167
26-48
7/17/96
10/8/04
1/3/05
7/13/07
12/19/07 (effective 1/8/08)
5/12/08
9/18/08
2/1/10
12/15/10
3/9/11 (effective 6/7/2011)
“
3/9/11
5/25/11
7/13/11
10/19/11
11/4/11
2/10/12
6/13/12
11/21/12
10/17/13
10/5/15
12/22/15
10/19/16
12/15/21
1/6/23
07/17/24
07/17/24
12/12/25
ii
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
HEALTH, SAFETY, AND WELFARE
ARTICLE 1
MENTAL HEALTH COMMITMENT ACT
(As revised January 6, 2023)
7-101
7-102
7-103
Definitions.
Petition.
Counsel.
7-104
7-105
7-106
Hearing On The Petition.
Disposition.
Emergency Protective Custody.
TITLE 7
ARTICLE 3
ANIMALS
(Revised March 9, 2011)
7-300
7-301
7-302
7-303
7-304
7-305
7-306
7-307
7-308
7-309
7-310
7-311
7-312
7-313
7-314
7-315
7-316
7-317
7-318
7-319
7-320
7-321
7-322
7-323
7-324
7-325
7-326
Definitions.
Offices designated.
Licensing of dogs and cats.
Breeder of Kennel permits.
Rabies certification of vaccination
required.
Fee waiver.
Display of tag.
Transfer or change of ownership.
Duplicate tag.
Removal of license tags.
At large prohibited.
Spay and Neuter.
Impoundment and ticketing.
Disposition of animals.
General prohibitions and duties.
Animal care; animal cruelty.
Release or adoption of animals.
Release of unsterilized animals.
Number of animals.
Non-indigenous birds.
Impoundment fees.
Redemption.
Injured animals at large.
Confinement of animals.
Dog pens.
Conditions of pens and premises.
Animal bites.
7-327
7-328
7-329
7-330
7-331
7-332
7-333
7-334
7-335
7-336
7-337
7-338
7-339
7-340
7-341
7-342
7-343
7-344
7-345
iii
Nuisance animals.
Dangerous animals.
Determination of vicious animal,
dangerous animal, potentially dangerous
animal; notice to owner.
Vicious dogs.
Appeal procedure.
Requirements for dangerous animals;
penalties.
Animal fighting or attack training;
penalty.
Keeping of innately wild animals.
Wildlife protection.
Keeping of exotic animals.
Keeping of livestock.
Keeping of animals for which no licensed,
approved rabies vaccine is available.
Kennel standards.
Harboring of strays.
Trapping animals.
Rabies reports; examination; quarantine.
Civil liability of owner for damages
caused by the owner’s dog, cat or other
domesticated animal.
Sovereign immunity of the Tribe.
Penalties.
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
ARTICLE 4
OPEN BURNING
7-401
7-402
7-403
Definitions.
Open burning.
Prohibition on open burning.
7-404
7-405
Trash containers.
Penalty.
TITLE 7
ARTICLE 5
BURNING OF PETROLEUM PRODUCTS
7-501
7-502
Definitions.
Burning of petroleum products.
7-503
Penalty.
TITLE 7
ARTICLE 6
OPEN DUMPING
7-601
7-602
Definitions.
Open dumping.
7-603
7-604
Containment Dumping.
Penalty.
TITLE 7
ARTICLE 8
COMPULSORY EDUCATION
7-801
7-802
7-803
7-804
7-805
7-806
Compulsory Education; attendance
required.
Violation.
Compulsory Education, exceptions.
General Equivalency Diploma Program.
Record of attendance; made where.
Non-attendance lists; transmission of
information.
7-807
7-808
7-809
7-810
7-811
7-812
7-813
iv
Entry or withdrawal of student;
attendance reports.
Non-attendance; duty to report;
investigation.
Excessive absenteeism; report.
Collaborative plan; considerations.
School procedures.
Progressive Discipline.
Effective date.
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
ARTICLE 9
FOOD CODE
7-901
7-902
7-903
7-904
7-905
7-906
7-907
7-908
7-909
7-910
7-911
7-912
7-913
7-914
7-915
7-916
7-917
7-918
7-919
7-920
7-921
7-922
7-923
Food Code.
Food safety, illness prevention and
honest presentation.
Statement.
Statement of application and listing of
terms.
Person in Charge.
Clean Condition.
Cleaning Procedure.
When to Wash.
Clean Condition.
Eating, Drinking, or Using Tobacco.
Discharge from the Eyes, Nose or
Mouth.
Food.
Characteristics.
Nonfood-Contact Surfaces.
Equipment and Utensils.
Food-Contact Surfaces.
Nonfood-Contact Surfaces.
Approved System.
Outdoor Enclosure.
Receptacles.
Outside Receptacles.
Storing Refuse, Recyclables, and
Returnables.
Areas, Enclosures, and Receptacles,
Good Repair.
7-924
7-925
7-926
7-927
7-928
7-929
7-930
7-931
7-932
7-933
7-934
7-935
7-936
7-937
7-938
7-939
7-940
7-941
7-942
7-943
7-944
Surface Characteristics.
Handwashing Cleanser, Availability.
Mechanical.
Maintaining Premises, Unnecessary Items
and Litter.
Prohibiting Animals.
Separation of poisonous or toxic materials.
Poisonous or toxic materials; Restriction.
Conditions of Use.
Rodent Bait Stations.
Public Health Protection.
Preventing Health Hazards, Provisions for
Conditions Not Addressed.
Modifications and Waivers.
Prerequisite for Operation.
Form of Submission.
Qualifications and Responsibilities of
Applicants.
Contents of Application.
Existing Establishments, Permit Renewal,
and Change of Ownership.
Denial of Application for Permit, Notice.
Revocation.
Appeal.
Responsibilities of Permit Holder.
TITLE 7
ARTICLE 10
CORONER
7-1000
7-1001
7-1002
7-1003
7-1004
7-1005
7-1006
Appointment of coroner; qualifications;
vacancies.
Investigations and inquests.
Expenses.
Witnesses; fees.
Oath of witnesses.
Testimony; filing.
Witness bound over; return.
7-1007
7-1008
7-1009
7-1010
7-1011
Burial.
Bodies; effects; custody.
Certificates of death.
Expenses.
Fingerprinting of unidentified deceased
person.
7-1012 Coroner removal of pituitary gland during
autopsy.
v
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
ARTICLE 11
WINNEBAGO DRUG-FREE WORK PLACE
(Revised June 13, 2012)
7-1101
7-1102
7-1103
7-1104
7-1105
7-1106
7-1107
7-1108
7-1109
Citation.
Purpose.
Definitions.
Statement of policy on drugs.
Statement of policy on alcohol.
Zero tolerance policy.
Education and training of employees.
Drug and alcohol testing procedures;
reasonable suspicion.
Random drug and alcohol testing.
7-1110
7-1111
7-1112
7-1113
7-1114
7-1115
7-1116
7-1117
7-1118
7-1119
vi
Drug test results.
Alcohol test results.
Refusal to submit.
Positive test results.
Release of test results.
Laboratory facility.
Applicants; generally.
Prohibited acts; penalties.
Supervisor responsibility.
Consent to jurisdiction.
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
ARTICLE 12
WINNEBAGO WORKER’S COMPENSATION
7-1201
7-1202
7-1203
7-1204
7-1205
7-1206
7-1207
7-1208
7-1209
7-1210
7-1211
7-1212
7-1213
7-1214
7-1215
7-1216
7-1217
7-1218
7-1219
7-1220
7-1221
7-1222
7-1223
7-1224
7-1225
Purpose.
Effective Date.
Scope and Exclusive Remedy.
Sovereign Immunity.
Acknowledgment of Program
and Notice to Covered Employees.
Definitions.
Notice of Injury to Employer & Filing
of Claim with Administrator.
Administrator.
Time Limit for Filing of Claim.
Medical Treatment of Covered
Employee.
Independent Medical Examination.
Effect of Refusal or Obstruction
of Examination or Treatment.
Access to Medical Records and
Medical Reports.
Aggravation of Pre-existing Injury.
Disclosure of Pre-existing Disabilities.
False Statement or Representation in
Employment Application.
Benefits Mistakenly Awarded by
Administrator.
Benefits Mistakenly Awarded by
the Worker’s Compensation Appeals
Committee.
Benefits Induced by Proven Fraud.
Right to Occupational Injury Benefits.
Employer’s Liability to Medical,
Surgical and Hospital Services.
Selection of Treating Physician by
Administrator.
Return to Work Form.
Waiver by Covered Employee Invalid.
Other Benefits Not Factors.
7-1226
7-1227
7-1228
7-1229
7-1230
7-1231
7-1232
7-1233
7-1234
7-1235
7-1236
7-1237
7-1238
7-1239
7-1240
7-1241
7-1242
7-1243
7-1244
7-1245
7-1246
vii
Defenses to Liability Denied.
Average Weekly Wage.
Maximum and Minimum Weekly
Benefits.
Compensation; Schedule; Total
Partial, and Temporary Disability;
Injury to Specific Parts of the
Body; Amounts and Duration of
Payments.
Exclusions from Coverage.
Waiting Period for Benefits.
Injuries Causing Death.
Computation of Payments of
Death Benefits.
Death Benefit Compensation
Schedule.
Death of Covered Employee Ends
Disability Payments.
Burial Expenses.
Waiting Time Penalty.
Worker’s Compensation Appeals
Committee.
Procedures for Disputed Claims.
Hearing Request Procedures.
Experts.
Liability of Third Person to
Injured
Covered
Employee;
Subrogation Powers.
Third Party Claim Procedures
and Notice.
Third Party Claims & Attorney
Fees.
Third Party Claims; Settlement
Requirements.
Awards.
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
ARTICLE 13
FLOOD DAMAGE PREVENTION CODE
(Revised July 17, 2024)
7-1301
7-1302
7-1303
7-1304
7-1305
7-1306
7-1307
7-1308
7-1309
7-1310
7-1311
Statutory Authorization.
7-1312 Establishment of Development Permits.
Findings of Fact.
7-1313 Administration.
Statement of Purpose.
7-1314 Duties and Responsibilities of the
Methods of Reducing Flood Losses.
Administrator.
Definitions.
7-1315 Variance Procedures.
Land to Which This Article Applies.
7-1316 General Standards for Flood Hazard
Basis for Establishing the Area of
Reduction.
Special Flood Hazard.
7-1317 Specific Standards for Flood Hazard
Penalties for Non-Compliance.
Reduction.
Abrogation of Greater Restrictions.
7-1318 Before Regulatory Floodway.
Interpretation.
7-1319 Floodways.
Warning and Disclaimer of Liability.
TITLE 7
ARTICLE 14
WINNEBAGO POLLUTION CONTROL CODE
7-1400 Citation.
7-1401 Definitions.
7-1402 Pollution emissions and abatement.
7-1402.1 Abatement required.
7-1403 Exemption.
7-1404 Use of notification.
7-1405 Notification and approval of potential
emission facility.
7-1406 Livestock feedlots.
7-1407 Cause of action for abandonment of
hazardous waste on property of another.
7-1408 Livestock odor.
7-1409
7-1410
7-1411
7-1412
7-1413
7-1414
7-1415
7-1416
7-1417
7-1418
Authority to issue penalty orders.
Amount of penalty; considerations.
Corrective order.
Definitions.
PCB: prohibited use.
Definitions.
Exemptions.
Monitoring.
Contents labeled.
Environmental protection requirements.
TITLE 7
ARTICLE 15
LANDLORD TENANT RELATIONS
7-1501
7-1502
7-1503
7-1504
7-1505
7-1506
Applicability.
Definitions.
Rental Agreement.
Security Deposit.
Eviction for Possession of a Controlled
Substance.
Utilities and Waste Disposal.
7-1507
7-1508
7-1509
7-1510
7-1511
7-1512
7-1513
viii
Termination.
Rights and Obligations of Landlord.
The Rights and Obligations of Tenant.
Landlord Remedies.
Tenant Remedies.
Notification.
Winnebago Tribal Housing Committee.
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
ARTICLE 16
SEX OFFENDER REGISTRATION
(Adopted May 25, 2011)
7-1601
7-1602
7-1603
7-1604
7-1605
7-1606
7-1607
7-1608
7-1609
7-1610
7-1611
7-1612
7-1613
7-1614
7-1615
7-1616
7-1617
7-1618
7-1619
7-1620
7-1621
7-1622
7-1623
7-1624
7-1625
7-1626
7-1627
7-1628
7-1629
7-1630
7-1631
7-1632
7-1633
7-1634
7-1635
7-1636
7-1637
7-1638
7-1639
7-1640
Citation.
Purpose and Legislative Intent.
Effective Date.
Construction of rules.
References to federal law incorporated.
Creation of Sex Offender Registry.
Creation of public Sex Offender Registry
website.
Cooperative Agreement with the State of
Nebraska permitted.
Definitions.
Covered offenses.
Tier 1 offenses; sex offenses.
Tier 1 offenses; offenses involving
minors.
Tier 1 offenses; certain tribal offenses.
Tier 1 offenses; certain federal offenses.
Tier 1 offenses; certain military offenses.
Tier 2 offenses; recidivism and felonies.
Tier 2 offenses; offenses involving
minors.
Tier 2 offenses; certain tribal offenses.
Tier 2 offenses; certain federal offenses.
Tier 2 offenses; certain military offenses.
Tier 3 offenses; recidivism and felonies.
Tier 3 offenses; general offenses.
Tier 3 offenses; certain tribal offenses.
Tier 3 offenses; certain federal offenses.
Tier 3 offenses; certain military offenses.
Required information; general
requirements.
Criminal history.
Date of Birth.
DNA sample.
Driver’s licenses, identification cards,
passports, and immigration documents.
Employment information.
Finger and palm prints.
Internet identifiers.
Name.
Offense Information.
Phone numbers.
Picture.
Physical description.
Professional licensing information.
Residence address.
7-1641
7-1642
7-1643
7-1644
7-1645
7-1646
7-1647
7-1648
7-1649
7-1650
7-1651
7-1652
7-1653
7-1654
7-1655
7-1656
7-1657
7-1658
7-1659
7-1660
7-1661
7-1662
7-1663
7-1664
7-1665
7-1666
7-1667
7-1668
7-1669
7-1670
7-1671
ix
School.
Social Security Number.
Temporary lodging.
Vehicle information.
Frequency.
Reduction of registration periods.
Clean record.
Requirements for in person appearances.
Where registration is required;
jurisdiction of conviction.
Where registration is required;
jurisdiction of incarceration.
Where registration is required;
jurisdiction of residence.
Where registration is required;
jurisdiction of employment.
Where registration is required;
jurisdiction of school attendance.
Where registration is required;
jurisdiction of where may be found.
Timing of registration; timeframe.
Timing of registration; duties of Chief
of Police.
Retroactive registration.
Timing of recapture.
Keeping registration current; jurisdiction
of residency.
Keeping registration current; jurisdiction
of school attendance.
Keeping registration current; jurisdiction
of employment.
Keeping registration current; duties of
Chief of Police.
Failure to appear for registration and
absconding; failure to appear.
Failure to appear for registration and
absconding; absconded sex offenders.
Failure to appear for registration and
absconding; failure to register.
Website.
Dru Sjodin National Sex Offender
Public Website.
Required website information.
Prohibited website information.
Witness protection.
Law enforcement notification.
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
ARTICLE 16
SEX OFFENDER REGISTRATION
(Adopted May 25, 2011)
(continued)
7-1672
7-1673
7-1674
7-1675
7-1676
Community notification.
No waiver of immunity.
Good faith.
Violation; criminal offense.
Violation; civil penalty.
7-1677
7-1678
Hindrance of sex offender registration;
criminal offense.
Hindrance of sex offender registration;
civil penalty.
TITLE 7
ARTICLE 17
SEX OFFENDER RESTRICTIONS
(Adopted October 19, 2011)
7-1701 Purpose.
7-1702 Definitions.
7-1703 Residency restrictions; general.
7-1704 Residency restrictions; civil penalty.
7-1705 Residency restrictions; tribal property
7-1706 Measurement of distance.
7-1707 Renting to a sex offender.
7-1708 Exclusion zones.
7-1709 Exclusion zones; civil penalty.
7-1710 Effective date.
TITLE 7
ARTICLE 18
WHISTLE BLOWER PROTECTION
(Adopted October 5, 2015)
7-1801
7-1802
7-1803
7-1804
7-1805
7-1806
7-1807
7-1808
Citation.
Purpose.
Scope.
Authority.
Definitions.
Employee’s Duty to Report.
Reports of Criminal Activity.
Reports of Mismanagement, Waste,
Abuse, or Dangers to Public Health or
Safety.
7-1809
7-1810
7-1811
7-1812
7-1813
7-1814
7-1815
7-1816
x
Retaliation Prohibited.
Reporting that is not Protected.
False Claims.
Cause of Action.
Limited Waiver of Sovereign Immunity.
Limited Remedies.
Exclusive Jurisdiction and Sovereign
Immunity.
Effective Date.
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7
TITLE 7
ARTICLE 19
SETTLING PARTICIPANT BRAND LISTING ACT
(Adopted December 22, 2015)
7-1901
7-1902
7-1903
Citation.
Purpose.
Scope.
7-1904
7-1905
7-1906
Retaliation Prohibited.
Reporting that is not Protected.
False Claims.
TITLE 7
ARTICLE 20
PUBLIC HEALTH CODE
(Adopted December 15, 2021)
7-2001
7-2002
7-2003
7-2004
7-2005
Citation.
Purpose.
Definitions.
Declaration.
Isolation and Quarantine.
7-2006
7-2007
7-2008
7-2009
Enforcement.
Sovereign Immunity.
Severability.
Effective Date.
TITLE 7
ARTICLE 21
SEXUALLY TRANSMITTED DISEASES AND MINORS
(As adopted July 17, 2024)
7-2101
7-2102
Sexual Transmitted Diseases;
Enumerated.
Sexually Transmitted Diseases;
Minors; Treatment Without Consent
of Parent.
7-2103
xi
Confidentiality of Minor Diagnosis and
Treatment.
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 1
TITLE 7
HEALTH, SAFETY, AND WELFARE
ARTICLE 1
MENTAL HEALTH COMMITMENT ACT
(As revised January 6, 2023)
7-101
7-102
7-103
Definitions.
Petition.
Counsel.
7-101
Definitions.
1.
2.
3.
4.
5.
6.
7.
7-102
1.
7-104
7-105
7-106
Hearing On The Petition.
Disposition.
Emergency Protective Custody.
“Alcoholic” means an individual who has lost the power of self-control or exhibits cognitive
deficiencies, general confused thinking, or other manifestations of disorientation, which show an
inability to make judgments about areas of behavior that do not directly relate to his/her alcohol
consumption.
“Drug addict” means an individual who has a physiological or psychological dependence on a
drug or drugs which he/she used in a manner not prescribed by a physician.
“Mentally ill individual” means an individual with an organic, mental, or emotional disorder
which substantially impairs the capacity to use self-control, judgment, and discretion in the
conduct of personal affairs and social relations. This term is not intended to include an individual
with intellectual disabilities and other developmental disabilities of significantly sub-average
intellectual functioning which originates during the developmental period and is associated with
impairment in adaptive behavior. Drug addiction and alcoholism do not per se constitute mental
illness, although individuals suffering from these conditions may also be suffering from mental
illness.
“Individual requiring treatment” means either:
a.
An individual who is mentally ill, an alcoholic or a drug addict and who, as a result of
such condition, can reasonably be expected within the near future to intentionally or
unintentionally cause serious physical harm to him/herself, others or property and who
has engaged in an act or acts or has made significant threats that are substantially
supportive of this expectation; or
b.
An individual who is mentally ill, an alcoholic or a drug addict and who, as a result of
such condition, is unable to attend to his/her basic physical needs such as food, clothing,
or shelter that must be attended to for him/her to avoid serious harm in the near future
and who has demonstrated that inability by failing to meet those basic physical needs.
“Law enforcement officer” means a member of the Winnebago Police Department, a federal law
enforcement officer or a state or county law enforcement officer duly cross-deputized by the
Winnebago Tribe of Nebraska to assert law enforcement powers within the Winnebago
reservation.
“Respondent” means the individual alleged to be mentally ill, an alcoholic or a drug addict in the
proceedings.
“Provider” means any licensed Medical Physician, Physician Assistant, Nurse Practitioner or
Psychiatrist [TCR 93-96, 11-73, 14-08, 23-61]
Petition.
The petition for commitment shall be filed with the Court by a Winnebago Comprehensive
Healthcare System (WCHS) Provider nurse, mental health official, social services official,
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2.
3.
4.
substance abuse counselor, Tribal prosecutor or an interested person. Any such petitioner must
have reason to believe that the respondent is mentally ill, an alcoholic or a drug addict. The
prosecutor shall represent the Tribe/petitioner or interested person.
The petition must be supplemented by a supporting statement or affidavit by at least one
individual who has actual personal knowledge of the mental, alcohol or drug problem of the
respondent. Such statement shall set forth the reason(s) for the proposed treatment and/or
hospitalization.
Temporary detention order and hearing.
a. Upon receipt and review of the petition and any statement or affidavit, should the Tribal
Judge deem an emergency to exist, he/she shall order the detention or hospitalization of the
respondent in an available facility in which the freedom of the respondent is least restricted
and yet the respondent, other persons and/or property are adequately protected and the
respondent may be properly evaluated.
b. An order of the Court ordering that the respondent be detained or hospitalized prior to hearing
on the petition shall be accompanied by a “Care Provider Report and Recommendation”
form, and this report form shall be provided to the care provider facility. The care provider
facility shall prepare the “Care Provider Report and Recommendation” regarding the
respondent within seventy-two (72) hours of the beginning of the detention or hospitalization.
Upon receipt, the Court shall review the report as soon as practical.
c. Taking into consideration the entirety of the “Care Provider Report and Recommendation”
and the allegations of the petition, the Court may order the release of the respondent if the
“Care Provider Report and Recommendation” recommends release. If released, the
respondent shall sign a promise to appear in Court within seven (7) days after release for an
initial appearance on the petition.
d. If the “Care Provider Report and Recommendation” recommends that the respondent remain
in detention or hospitalization, the Court may order that the respondent remain in detention or
hospitalization. If the respondent is ordered to remain in detention, the Court shall order an
initial appearance on the petition within seven (7) days of such order of continued detention.
e. A respondent detained under this Section 3 may request a hearing to review his/her ongoing
detention at, or at any time after, the initial appearance on the petition. Such hearing shall be
held no later than seventy-two (72) hours after the request. If respondent desires, he/she may
challenge his/her ongoing detention at the initial hearing on the petition.
f. If the respondent does not request a hearing, the Court shall order a hearing to review the
ongoing detention not more than thirty (30) days after the commencement of the detention.
The respondent shall be provided at least seventy-two (72) hours' notice of the hearing and
shall have the right to attend the hearing.
g. At a hearing held pursuant to subsections (e) or (f), the Tribe shall have the burden of
showing good cause as to why the respondent should remain in detention pending a hearing
on the petition. The respondent shall have the right to counsel, to present evidence and crossexamine witnesses at a hearing held pursuant to subsections (e) or (f). If the Tribe fails to
show good cause for continued detention, the respondent shall be released. The Court may
place reasonable conditions upon such release to ensure respondent’s attendance at the
hearing on the petition and to protect the respondent and the public.
h. The Court shall entertain a motion by the Tribal Prosecutor requesting a revocation of the
release based upon evidence that the respondent is not abiding by the conditions of the
release.
The respondent shall be served with a copy of the petition. The respondent may waive a hearing
and proceed to treatment. [TCR 93-96, 11-73, 14-08, 23-61]
7-103
Counsel. The respondent shall have the right to an attorney at his/her own expense or, if
indigent, counsel will be appointed to the extent that such is available. [TCR 93-96, 11-73, 14-08]
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7-104
1.
2.
3.
7-105
1.
7-106
1.
2.
Hearing On The Petition.
Unless waived by the parties, a hearing on the petition shall be held within sixty (60) days of the
day on which the petition was filed.
Final adjudication on a petition must be held within one hundred twenty (120) days of the petition
being served upon the respondent.
The judge who presides over the hearing shall:
a.
Hold the hearing in the presence of the respondent or respondent’s attorney;
b.
Ensure that a complete record of the hearing is made and placed in the Court file;
c.
Admit as evidence into record any statements or reports of physicians, psychiatrists,
clinical psychologists or other medical, mental health and substance abuse practitioners
and oral testimony introduced by interested parties either in support of or in opposition to
the proposed treatment and/or hospitalization; and
d.
In support of any Court-ordered disposition involving commitment to a facility for the
purpose of inpatient treatment and/or hospitalization, ensure that the quantum of proof
admitted and supportive of any such disposition is constituted by clear and convincing
evidence that the respondent is an individual requiring treatment, as defined in Section 7101 herein. [TCR 93-96, 11-73, 14-08]
Disposition.
Upon completion of the hearing on the petition, the Court may order any one or any combination
of the following dispositions based upon the evidence admitted into the record:
a.
Dismissal of the petition if the Court determines that the respondent is not an individual
requiring treatment.
b.
Commitment of the respondent to a facility, located within or outside of the exterior
boundaries of the Winnebago Indian reservation, for the purpose of securing appropriate
inpatient treatment and/or hospitalization.
c.
Participation by the respondent in a periodic outpatient alcohol or drug treatment
program, with the extent and term of such participation to be determined by the alcohol
or drug treatment center.
d.
Participation by the respondent in behavioral health therapy and/or prescribed medication
consistent with the respondent's treatment plan.
e.
Attendance at scheduled psychiatric medication management appointments and
compliance with provider recommendations. If the respondent is a minor, participation
by the respondent's legal guardian in the individual's treatment plan as required.
f.
When the Court orders inpatient treatment, hospitalization or outpatient alcohol or drug
treatment meetings, the Court order shall be enforced by reservation law enforcement,
with such enforcement to include arrest should the respondent fail to comply with such
order. [TCR 93-96, 11-73, 14-08, 23-61]
Emergency Protective Custody.
A law enforcement officer may take a person into emergency protective custody if the law
enforcement officer has probable cause to believe that a person is an individual requiring
treatment within the meaning of Section 7-101(4)(a) of this Article and that the person might
cause physical harm to himself, another or another’s property before a petition can be filed and
reviewed by the Tribal Court as provided for in Section 7-102(3) of this Article.
A person taken into emergency protective custody shall be placed in a secure mental health
facility if possible. If placement in a secure mental health facility is not possible, the person shall
be held in a detention facility, provided that such person shall be observed by a sworn officer or
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3.
4.
detention staff to ensure that he/she does not harm him/herself or others, or others do not harm
him/her.
The law enforcement officer who placed the person in emergency protective custody shall file a
request with the Tribal prosecutor to file a petition for commitment in regard to the person
pursuant to Section 7-102(1) of this Article. This request shall be filed no later than the next
business day following commencement of the emergency protective custody action. The request
shall set forth the facts upon which the law enforcement officer reached his/her determination of
probable cause for the emergency protective custody.
If the Tribal prosecutor deems the person to not be an individual requiring treatment within the
meaning of Section 7-101(4)(a), the Tribal prosecutor shall decline to file a petition and that
person shall be released immediately. If the Tribal prosecutor deems the person to be an
individual requiring treatment within the meaning of Section 7-101(4)(a), he/she shall file a
petition pursuant to Section 7-102(1) of this Article.
An order of the Court that is issued based upon a petition filed pursuant to this Section 7-106
shall be subject to the same requirements set forth in Section 7-102(3).
[TCR 93-96, 11-73, 14-08]
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TITLE 7
ARTICLE 3
ANIMALS
(Revised March 9, 2011)
7-300
7-301
7-302
7-303
7-304
7-305
7-306
7-307
7-308
7-309
7-310
7-311
7-312
7-313
7-314
7-315
7-316
7-317
7-318
7-319
7-320
7-321
7-322
7-323
7-324
7-325
7-326
Definitions.
Offices designated.
Licensing of dogs and cats.
Breeder or Kennel permits.
Rabies certification of vaccination
required.
Fee waiver.
Display of tag.
Transfer or change of ownership.
Duplicate tag.
Removal of license tags.
At large prohibited.
Spay and Neuter.
Impoundment and ticketing.
Disposition of animals.
General prohibitions and duties.
Animal care; animal cruelty.
Release or adoption of animals.
Release of unsterilized animals.
Number of animals.
Non-indigenous birds.
Impoundment fees.
Redemption.
Injured animals at large.
Confinement of animals.
Dog pens.
Conditions of pens and premises.
Animal bites.
7-300
Definitions. For the use in this Article, the following terms are defined as:
1.
2.
3.
4.
5.
7-327
7-328
7-329
7-330
7-331
7-332
7-333
7-334
7-335
7-336
7-337
7-338
7-339
7-340
7-341
7-342
7-343
7-344
7-345
Nuisance animals.
Dangerous animals.
Determination of vicious animal,
dangerous animal, potentially dangerous
animal; notice to owner.
Vicious dogs.
Appeal procedure.
Requirements for dangerous animals;
penalties.
Animal fighting or attack training;
penalty.
Keeping of innately wild animals.
Wildlife protection.
Keeping of exotic animals.
Keeping of livestock.
Keeping of animals for which no licensed,
approved rabies vaccine is available.
Kennel standards.
Harboring of strays.
Trapping animals.
Rabies reports; examination; quarantine.
Civil liability of owner for damages
caused by the owner’s dog, cat or other
domesticated animal.
Sovereign immunity of the Tribe.
Penalties.
“Abandon” means any person in possession of an animal who knowingly refuses to provide care
for the animal as defined by this Article, including failing to reclaim an animal from Animal
Control Services.
“Animal” means any living reptile, amphibian, bird, or non-human mammal, both domestic and
wild.
“Animal Control” or “Animal Services Officer” means any person designated by the Winnebago
Tribe of Nebraska, Village of Winnebago, State of Nebraska, a municipal government or a
humane society as a law enforcement officer who is qualified and authorized to perform such
duties under the Winnebago Tribal Code, Village Ordinances, and/or applicable State statutes.
“At heel” means under the voice of control and within fifteen feet of the owner or person in
custody of the animal.
“At large” means any animal found off the premises of its owner and not confined within a house,
building, or other secured enclosure, kennel, veterinary hospital, or not restrained by the owner or
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WINNEBAGO TRIBAL CODE
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6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
responsible person by leash or lead, or “at heel” beside a person and obedient to that person’s
command.
“Breeder” means a person who breeds animals for sale, trade, or barter and holds a permit to do
so from the Winnebago Tribe of Nebraska pursuant to Section 7-303 of this Article. Breeder
shall also mean any person who maintains an unaltered (unsterilized) dog or cat and breeds such
animals for any consideration of profit, fee, or compensation.
“Cat” means both female and male, which are members of the feline or cat family (Felis Catus),
whether neutered or not.
“Dangerous Animal” means any animal, which according to the records of the appropriate
authority, has (a) inflicted injury on a human, domestic animal, or livestock without provocation
on public or private property; or (b) killed a domestic animal without provocation while off the
owner’s property; or (c) been previously found to be Potentially Dangerous, the owner having
received notice of such, and the animal subsequently aggressively bites, attacks, or endangers the
safety of humans, domestic animals, or livestock.
“Dart” means the process whereby a drug of a sedative nature is delivered to and injected into an
animal by means of projectile shot from a rifle or gun, for the purpose of subduing or rendering
an animal unconscious for capture.
“Dog” means both female and male, which are members of the canine or dog family, whether
neutered or not.
“Enclosure” means a fence or structure forming or causing an enclosure suitable to adequately
confine any animal. Any animal deemed vicious, dangerous, or potentially dangerous must meet
enclosure requirements as outlined in Section 7-324.
“Exotic Animal” means an animal that is not indigenous to the United States, excluding captive
bred species of common cage birds, or any other animal, fish, or reptile that is commonly sold or
traded as a companion animal or household pet.
“Feral” means any animal that was once domesticated but has returned to a wild state. An animal
need not be dangerous or vicious to be considered “feral.”
“Health Department” and “Health Officer” means the Winnebago Tribal Health Department or a
designee employee of the same department.
“Injury” means any physical injury that results in need for professional medical treatment.
“Kennel,” “Cattery,” or “Pet Shop” means any premises wherein any person that engages in the
business of boarding, breeding, buying, letting for hire, raising, training for a fee, or selling dogs,
cats, birds, rodents, reptiles, fowl, fish, or other small animals for profit, whether operated
separately or in conjunction with another business enterprise.
“Livestock” means any animal ordinarily used for agricultural purposes including but not limited
to horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, sheep, goats,
swine, hogs or pigs but excepting pot-bellied pigs kept as household pets in a sanitary manner and
otherwise in accordance with the provisions of this Article.
“Muzzle” means when required by this Article, a device covering the upper and lower jaws of an
animal and made of appropriate material with sufficient strength to restrain the animal from
biting. No such muzzle employed shall be made from material or maintained on the animal in
any manner so as to cut or injure the animal.
“Nuisance Animal” means any animal, which as a result of its actions, causes a human being any
loss of rights or privilege.
“Owner” means any person or persons, firm, association or corporation or parent of a child that
owns, keeps, shelters, possesses or harbors one or more animals. An animal shall be considered
harbored if it is fed or sheltered for three consecutive days or more.
“Potentially Dangerous Animal” means any animal which, when unprovoked:
a.
Bites a human, domestic animal, or livestock either on public or private property; or
b.
Chases or approaches a person upon the streets, sidewalks, or any public grounds in a
menacing fashion or apparent attitude of attack, or any animal that has a documented
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WINNEBAGO TRIBAL CODE
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22.
23.
24.
25.
26.
27.
28.
7-301
1.
2.
history to attack unprovoked, cause injury, or has otherwise threatened the safety of
humans or domestic animals.
“Severe Injury” means any physical injury that results in disfiguring lacerations requiring or that
will require multiple sutures or cosmetic surgery, or one or more fractured bones, or that creates a
potential threat to the life or health of the victim.
“Stray” means any animal which does not have affixed to it a collar with an identification tag
with owner’s name, address, and phone number and a current Winnebago Tribe of Nebraska
license tag, and/or identifying, traceable tattoo or microchip.
“Tether” means a rope, chain or cable of appropriate strength that is firmly anchored to the bed of
an open bed pickup truck or similar vehicle in at least two places. A tether is used to restrain the
animal and is fastened to the animal by means of a harness and is to be the appropriate length as
to afford the animal freedom to move about the vehicle, but to restrict the animal to a set radius to
prevent it from reaching either the side or the rear of the vehicle so that the animal cannot be
thrown, fall from, or jump from the vehicle.
“Tribe” means the Winnebago Tribe of Nebraska.
“Vaccination” means an injection of any vaccine for rabies approved by the state veterinarian,
and administered by a licensed veterinarian or agent of the Tribal Health Department, or a public
clinic, which may be established for this purpose.
“Vicious Animal” means:
a.
Any animal which, without provocation, approaches in a manner of attack, bites or
otherwise inflicts severe injury on a human being, domestic animal, or livestock on
public or private property;
b.
Any animal with known propensity, tendency or disposition to attack without provocation
human beings, domestic animals or livestock;
c.
Any animal owned or harbored primarily or in part for the purpose of animal fighting or
any animal trained for animal fighting;
d.
Any animal which has been previously found to be dangerous, the owner having received
notice of such, and the animal again aggressively bites, attacks, or endangers the safety of
humans, domestic animals or livestock;
e.
Notwithstanding the above definition, no animal shall be declared vicious, dangerous, or
potentially dangerous if the person attacked or bitten by said animal was teasing,
tormenting, abusing, or assaulting the animal or was committing or attempting to commit
a crime; or if the animal was protecting its young; and
f.
Any dog that has been deemed to be a “vicious animal” solely because of its breed or
other inherent characteristic as identified by this Code.
“Wild Animal” means any living member of the animal kingdom, including those born or raised
in captivity, except the following: human beings, domestic dogs, (excluding hybrids with wolves,
coyotes, or jackals), domestic cats (excludes hybrids with ocelots or margays), livestock, and
captive bred species of common cage birds. Any domestic animal that has become feral shall
also be considered a “wild animal.” [TCR 90-73, 08-56, 11-70]
Offices designated.
The Office of Environmental Health of the Winnebago Tribe of Nebraska Health Department is
designated as the official agent for the Winnebago Tribe for the purpose of issuing animal
licenses, issuing permits, and collecting fees therefore pursuant to the provisions of this Article.
The Environmental Health Office shall work in coordination with the Animal Control Department
in issuing licenses and maintaining animal control records.
The Chief Administrative Officer of the Winnebago Tribe of Nebraska shall have the authority to
enter into agreements with third parties for collection of license fees, for capture, transport,
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WINNEBAGO TRIBAL CODE
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impoundment and disposition of animals found within the Winnebago Reservation and for other
purposes relating to enforcement of this Article. [TCR 90-73, 08-56]
7-302
Licensing of dogs and cats. It shall be unlawful for the person to own, keep, or harbor a dog
or cat within the boundaries of the Winnebago Reservation, including the Village limits of Winnebago,
without having first registered the animal with the Tribal Environmental Health Office and paid the
annual license fee as stated in the fee schedule established by the Environmental Health Office for all
dogs and cats six (6) months of age or older:
1.
2.
3.
4.
5.
6.
7.
8.
Within thirty (30) days after every dog, cat or other domesticated animal reaches six months of
age, or is under six months and is no longer with its dam, every owner of such dog, cat or other
domesticated animal shall procure a Tribal animal license each year from the Environmental
Health Office of the Winnebago Tribe.
To secure a license, an owner must complete a registration form, provide proof of current legal
rabies vaccination, and pay a registration fee as established by the Environmental Health Office
each year.
Upon registration, the Environmental Health Office shall furnish the owner of the dog or cat with
a tag of distinctive design with the serial number of the dog or cat. The Environmental Health
Office shall keep this serial number on file.
All licenses shall expire one year from the date of issuance.
Animal licenses are non-transferable.
Upon the death of the dog or cat, the owner shall advise the Environmental Health Office which
shall void the registration of the animal.
Proof of registration must be provided by the animal owner upon demand by an Animal Control
Officer or other law enforcement officer.
Registration fees collected by the Environmental Health Office shall be used to help defray the
costs of the administering the program, including purchase of vaccines, tags and other supplies.
[TCR 90-73, 08-56]
7-303
Breeder permit. A breeder’s or kennel permit may be issued to those applicants that satisfy
the following criteria:
1.
2.
3.
The person intends to keep the animals for purposes of breeding and selling the animals as
household pets or operates a business providing temporary boarding to other person’s household
pets.
The person maintains and provides for each animal in its possession the standards of housing,
care and feeding as set forth in Sections 7-315 and 7-339.
In the case of a breeder permit, the person shall also demonstrate, either through education or
experience, knowledge in animal breeding or employs and continuously employs such a person as
part of a business. [TCR 08-56, 11-70]
7-304
Rabies certification of vaccination required. All dogs, cats, and other domesticated animals
susceptible to rabies within the boundaries of the Reservation and Village shall be vaccinated against
rabies by an accredited veterinarian, Animal Control or Environmental Health Officer. Proof of current
rabies vaccination in the form of a tag shall be provided by the owner upon registration of the animal.
[TCR 90-73, 08-56]
7-305
Fee waiver. All owners of seeing eye dogs, hearing ear dogs or assistance dogs or other such
dogs being used to aid sensory impaired persons or other persons who, upon medical advice, require the
use of a service dog, shall not be required to pay an annual license fee, but shall be required to obtain a
registration license tag. [TCR 08-56]
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WINNEBAGO TRIBAL CODE
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7-306
1.
2.
Display of tag.
The tag described in Section 7-304 must be attached by the owner to a substantial collar during
the term of the license or be displayed by the owner upon demand by an Animal Control Officer
or other Law Enforcement Officer.
Dogs in fenced exercise yards, on pickets, in buildings, automobiles or under effective control for
exercise, work or training will not be required to wear tags or collars, or leashes, if the stated
conditions of training, work or exercise are incompatible with the wearing of such articles. [TCR
90-73, 08-56, 11-70]
7-307
Transfer or change of ownership. When the permanent ownership of a dog, cat or other
domesticated animal is transferred, the new owner shall, within thirty days of the date of change of
ownership, make application for a new license as provided in Section 7-302, regardless of whether or not
the dog, cat or other domesticated animal was previously licensed under the provisions of Section 7-302,
and shall pay the full annual license fee. [TCR 90-73, 08-56]
7-308
Duplicate tag. Upon the filing of an affidavit that the license has been lost or destroyed, the
owner may obtain another tag upon payment of a replacement fee as set by the Environmental Health
Department. The officer shall enter the new number assigned in the license record. [TCR 90-73, 08-56]
7-309
Removal of license tags. It is unlawful for any person who is not the owner or the agent of
such owner or an officer of the Winnebago Tribe of Nebraska or its agent, acting in an official capacity to
remove a license tag from a dog or cat prior to the expiration of the license. [TCR 90-73, 08-56]
7-310
At large prohibited. The owner of an animal shall at all times restrain such animal to prevent
it from running at large within the boundaries of the Village of Winnebago. An owner of an at-large
animal shall be subject to penalty as set forth under this Article. [TCR 90-73, 08-56]
7-311
1.
2.
3.
4.
7-312
1.
2.
Spay and Neuter.
All dogs and cats shall be spayed or neutered, as the sex may be, by their owner within thirty (30)
days of the owner coming into possession of the dog or cat. Should an owner fail to comply with
this Section, Tribal or Village authorities are authorized to seize the dog or cat and have a
licensed veterinarian spay or neuter the animal at the owner’s expense.
If in the opinion of a licensed veterinarian the spaying or neutering procedure is either
unnecessary or dangerous to the animal due to age or other condition, no compliance with this
Section is required.
The requirements of this Section shall apply only after the dog or cat has reached six months of
age.
This Section shall not apply to livestock or animals owned by a person holding a breeder’s permit
pursuant to this Article. [TCR 08-56, 11-70]
Impoundment and ticketing.
An animal found at large within the Village boundaries shall be seized and impounded and, at the
discretion of the Law Enforcement Officers, Tribal Conservation Officer, or Animal Control
Officer, a citation and/or complaint to appear before the Winnebago Tribal Court to answer
charges made thereunder may be served upon the owner.
The Animal Control Services Officers or assistants shall take into custody any animal that is not
in compliance with Sections 7-302, 7-304, or 7-310. Law Enforcement Officers, Tribal
Conservation Officers, or Animal Control Officers shall impound such animal.
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WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 3
3.
4.
5.
6.
7.
8.
9.
7-313
1.
2.
3.
4.
5.
6.
7.
7-314
1.
Unrestrained dogs and nuisance animals may be taken by the Law Enforcement Officers, Tribal
Conservation Officers, or Animal Control Officers and impounded in an animal shelter and/or be
confined in a humane manner. In the case of animals causing a noise problem and after owner of
such animal(s) has been duly notified twice that the problem needs correcting, and such
correction has not been put in place, nuisance animal(s) can then be impounded and a notice left
at the owner’s residence so as to provide the owner with instructions for reclaiming the animal(s).
Impounded animals shall be kept for a period of not fewer than five working days, including one
Saturday, thereafter kept at the discretion of Animal Control Services.
If, by license tag or other means, the owner of an impounded animal can be identified, the Animal
Control Officer shall immediately upon impoundment notify the owner by telephone or certified
mail, but within two days that, upon payment of impoundment fees, plus cost of food and care,
the animal will be returned.
Any animal not reclaimed by its owner within three business days shall become the property of
the Animal Control Services Program and shall be placed for adoption in a suitable home or
humanely euthanized by sodium pentobarbital. The owner is responsible for payment of any fees
and/or fines accrued by the animal as outlined in this Article.
Upon an owner’s conviction of a fourth violation of Section 7-310 involving an unsterilized
animal(s), that animal may be sterilized at the owner’s expense by a licensed veterinarian of the
Animal Control Service, Law Enforcement Officer, Tribal Conservation Officer or Winnebago
Tribal Health Department or its designee employee of the same department’s choosing.
The shelter supervisor shall keep complete and accurate records of the care, feeding, veterinary
treatment, and disposition of all animals impounded at the shelter.
The owner of an impounded animal who refuses to reclaim his/her animal(s) may be proceeded
against for abandonment under the provisions of Section 7-314(5). [TCR 90-73, 08-56, 11-70]
Disposition of animals.
After the expiration of the applicable impoundment period or quarantine, except as otherwise
provided in this Article, an unredeemed animal, whether licensed or unlicensed, may, at the
discretion of the Animal Control Officer, be disposed of in a humane manner.
During the applicable impoundment period or quarantine, if the animal appears to be suffering
from rabies or infected with disease, or is mortally injured, an unredeemed animal, whether
licensed or unlicensed, may, at the discretion of the Animal Control Officer, be disposed of in a
humane manner.
If the animal is injured or destroyed because it is vicious, the Animal Control Officer or the
Conservation Officer shall dispose of the animal. If other persons destroy an injured or vicious
animal, the Animal Control Officer or Conservation Officer shall be contacted who shall dispose
of the animal.
If the animal is found dead, the Animal Control Officer or Conservation Officer shall dispose of
the animal.
In the event that the animal has bitten a person, the Health Officer must be consulted before the
animal is disposed of.
Disposition of injured or diseased animals shall be at the discretion of Animal Control.
No civil liability shall arise where a suffering animal is humanely destroyed. [TCR 90-73, 08-56]
General prohibitions and duties.
No person shall aid or cause any animal whether owned by such person or not, to escape
confinement or impoundment, whether such confinement or impoundment be upon such person’s
property or that of another, by opening any gate, door or window, by making an opening in any
fence, enclosure or structure, by unleashing such animal, or by any other means whatsoever.
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2.
3.
4.
5.
7-315
1.
2.
3.
4.
5.
6.
7.
8.
9.
It shall be prohibited for any person to permit or allow an animal owned by that person or under
that person’s custody or control to defecate upon public property, park property, public right-ofway, or the property of another, unless such person shall immediately thereafter clean up, remove
and dispose of the feces so deposited.
It shall be the duty of every person owning or having the custody and control of an animal to
physically restrain the animal within an enclosure or upon a leash when such animal is left
unattended outside or is not at heel. The animal must be restrained so as to prevent the animal
from leaving the premises of its owner or from coming in contact with public right-of-way or the
property of another.
It shall be prohibited for any person in any manner to interfere with any employee or designated
representative of the Winnebago Tribe so as to hinder, delay or prevent his/her executing his/her
duties pursuant to this Section.
No person shall abandon any animal within the Village limits of Winnebago or so that the animal
may find its way into the Village limits of Winnebago except the person may deliver the animal
to another person who will accept ownership and custody, or the person may deliver the animal to
an animal shelter. [TCR 08-56]
Animal care; animal cruelty.
All animals, must be provided with appropriate shelter and a safe, non-injurious environment, per
Federal Animal Welfare Act Guidelines. Shelters and enclosures, whether temporary or
permanent, must be constructed so that they are the appropriate size, strength, and material that
allows the animal to stand, stretch, turn around, and lie down freely. The shelters, enclosures, and
fenced areas for animals must be kept free of hazards such as trash, sharp edges, protruding nails,
broken or splintered wood, metal or glass shards, machinery, loose wires, or any other material
that may cause injury.
No person shall give away any live animal, fish, reptile, or bird as a prize for or as inducement to
enter any contest, game, or other competition or to induce a sale, or as an inducement to enter into
any business agreement whereby the offer was for the purpose of attracting trade.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once
and render such assistance as may be possible, and shall immediately report such injury or death
to the animal’s owner. In the event the owner cannot be ascertained and located, such operator
shall at once report the accident to the appropriate law enforcement agency or to Animal Control
Services.
No person shall expose any known poisonous substance, whether mixed with food or not, so that
the same shall be liable to be eaten by any animal, provided that it shall not be unlawful for a
person to expose on his own property common rodent poison mixed only with vegetable
substances.
No person shall fail to provide his animals with sufficient, good, wholesome and nutritious food,
potable water in sufficient quantities, proper air, shelter which provides protection from the
weather which includes four sides with opening, roof and floor; veterinary care when needed to
prevent suffering, and humane care and treatment.
No animal may be kept on flooring of wire grid.
No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal,
or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals
and/or humans.
No owner, keeper, or harborer of an animal shall abandon such animal.
No person shall transport or carry any animal by motorized means unless the animal is safely
enclosed within the vehicle or trailer, or enclosed in a portable kennel, crate, or dog box designed
for this purpose, which is then fastened by a secure and appropriate means to the bed or the
chassis of the vehicle. Dogs may be transported in open beds of pickup trucks provided they are
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TITLE 7 ARTICLE 3
10.
11.
secured in the vehicle by means of a humane cross tether and/or harness as set forth in Section 7300(23). In all cases where animals are transported by motorized vehicles, it must be in a safe
and humane manner that will prevent the animal from falling from, being thrown from, or
jumping from the motorized vehicle or trailer being pulled by such.
No person shall confine any animal in a parked vehicle if the outside air temperature is higher
than 80 degrees Fahrenheit, unless the vehicle is running and the air conditioner is working
properly. Animal Services Officers or other Law Enforcement Officers shall not be liable for any
damage resulting to the vehicle when such confined animals must be removed for their safety and
well being.
In addition to the above provisions, animal cruelty shall be prohibited and punishable as set forth
in Title III, Section 3-754 of the Winnebago Tribal Code. [TCR 08-56]
7-316
Release or adoption of animals. Animals not claimed by the owner within a prescribed period
of time become the property of Animal Services and may be placed by Animal Services with a
responsible potential owner who will provide a suitable home for the animal(s) in compliance with this
Article. If such person chooses not to keep the animal(s), the animal(s) must be returned to Animal
Services. Once an animal has become the property of Animal Services, ownership of such animal may
never be transferred to persons representing medical laboratories, or any other entity for experimental
process. Animal Services does not guarantee the health or temperament of any animal adopted from the
shelter. [TCR 08-56]
7-317
Release of unsterilized animals. It shall hereafter be unlawful for any pound, shelter, or
humane organization to release any unsterilized animal to a new owner unless a contract to spay or neuter
such animal has been signed by the person acquiring the animal. A licensed, accredited veterinarian shall
perform the sterilization by the date stipulated. However, upon medical advice of a licensed, accredited
veterinarian, the owner may request and receive an extension of time up to thirty (30) days. A copy of the
signed contract shall be kept on file at the office of Animal Services. The signed contract shall be
binding, and failure to comply is unlawful. In such case, the animal described therein shall be returned to
the releasing agency upon demand. Ownership of said animal reverts to the releasing agency, and no
claim may be made to recover expenses incurred for maintenance of the animal, including the initial
procurement cost. [TCR 08-56]
7-318
1.
2.
3.
4.
5.
Number of animals.
It shall be unlawful for any person to own, keep, or harbor more than five (5) dogs and/or cats
over the age of 16 weeks, or more than 10 common cage birds over the age of 12 weeks within
the limits of the Village of Winnebago.
It shall be unlawful for any person to own, keep, or harbor more than eight (8) dogs and/or cats
over the age of 16 weeks, or more than 10 common cage birds over the age of 12 weeks within
the boundaries of the Winnebago Reservation.
This provision shall not apply to proprietors of animal hospitals and veterinarians when such
animals are kept upon premises used by such business. This provision shall not apply to owners
of dogs, cats, or common cage birds who are breeders of such or kennel operators, who hold a
permit issued pursuant to Section 7-303.
Keeping on the premises more than five (5) and eight (8) dogs and/or cats over the age of 16
weeks or more than 10 common cage birds over the age of 12 weeks without permit shall be
prima facie evidence of violation of this Section.
Any person found to be in violation of this Section of this Article shall, at the discretion of
Animal Services, law enforcement officers, and Tribal conservation officers have a period of not
less than ten (10) days or more than ninety (90) days to reduce the number of such animals
through legal channels.
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6.
7.
Any dog or cat under the age of 16 weeks, or common cage birds under the age of twelve (12)
weeks shall not count toward the five (5) and eight (8) animal limit of this Section.
Any number of dogs and/or cats, the behavior of which collectively causes a nuisance as set forth
in Section 7-327, shall be collectively considered “nuisance animals.” [TCR 08-56, 11-70]
Non-indigenous birds.
7-319
regulations. [TCR 08-56]
All non-indigenous birds must be banded according to federal
7-320
Impoundment fees. There shall be a minimum charge of forty dollars ($40.00) for each
animal taken and impounded on the first occasion an animal is impounded; there shall also be a fee of
three dollars ($3.00) per day for impoundment for up to five days if not suspected rabid, or four dollars
($4.00) per day up to fifteen days if suspected rabid. The fees shall be paid to the Winnebago Tribe of
Nebraska, or other designated entity which provides the services herein pursuant to Section 7-301(2).
Civil penalties and court costs are addressed in Section 7-345 and are not “impoundment fees” within the
meaning of this subsection. [TCR 90-73, 08-56, 11-70]
7-321
1.
2.
3.
7-322
1.
2.
3.
Redemption.
Any animal held or impounded at the animal control facility may be redeemed to the owner
thereof upon:
a.
Proof of ownership;
b.
Payment of the board and keep fee, impoundment fee, and any other related costs
incurred by the Winnebago Tribe or other designated entity;
c.
Presentation of the Tribal license which shall not be issued until proof of a current rabies
vaccination is presented; and
d.
Showing proof in the form of a certificate issued and signed by a licensed veterinarian or
the health officer that such animal has been properly vaccinated for rabies, if required by
law, or by posting a twenty dollar ($20.00) vaccination bond which shall be refunded if a
rabies vaccination is obtained.
Application for vaccination bond redemption and for refund of the bond must be made within five
business days of the posting of the bond. Failure of the owner to redeem such bond shall be
prima facie proof that vaccination has not been obtained as required by this Article.
For the purposes of this Section, the Law Enforcement Officer, Conservation officer, or Animal
Control Officer may give written notice to the owner personally, by posting a written notice at the
owner’s residence, or by mail. [TCR 90-73, 08-56]
Injured animals at large.
In the event that an injured animal, licensed pursuant to this Article, is found at large, the Law
Enforcement Officer, Conservation Officer or Animal Control Officer may cause the animal to be
darted, if necessary, and may take the animal into custody.
In the event the injured animal is unlicensed, or in the event that the Law Enforcement Officer,
the Conservation Officer, or the Animal Control Officer is unable to determine the ownership of
the animal, or is unable to contact the owner, or should the owner refuse to either take custody of
such injured animal or cause it to be transported to a veterinarian, the Law Enforcement Officer,
Conservation Officer or the Animal Control Officer shall transport such animal to the nearest
available veterinarian for treatment.
If an injured animal at large cannot be darted and it displays vicious tendencies which would
make its capture by any other means unduly hazardous, the Law Enforcement Officer,
Conservation Officer or the Animal Control Officer may cause the immediate destruction of such
animal.
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4.
5.
6.
7.
In the event that an animal, if found at large, is so seriously injured as to make its recovery
unlikely, the Law Enforcement Officer, Conservation Officer, or the Animal Control Officer may,
in his/her discretion, immediately destroy such animal in a humane manner in the interest of
humane treatment.
In the event that the Law Enforcement Officer, Conservation Officer, or Animal Control Officer
transports an injured animal to the nearest veterinarian pursuant to the foregoing, he/she shall
thereupon offer to give custody of said animal to the veterinarian for treatment at the
veterinarian’s cost. In the event that the veterinarian refuses to take custody of such animal, or
advises that it would be humane to destroy it, the Animal Control Officer shall be directed to
destroy said animal as expeditiously as possible in the interest of humane treatment.
After an animal has been humanely destroyed under this Section, the animal shall be subject to
autopsy by local or state health officials to determine the cause of said animal’s injuries or
viciousness.
Upon taking an injured animal into custody or destroying an animal pursuant to this Section, the
Law Enforcement Officer, Conservation Officer or Animal Control Officer shall notify in writing
the animal’s owner of its location and condition. Upon being so notified, the owner of such
animal shall either immediately take custody of such animal or cause the animal to be transported
to a veterinarian. [TCR 08-56]
7-323
Confinement of animals. From and after the passage of this Article, any person owning
animals, whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animal on
owner’s property within an adequate fence or enclosure, or within a house, garage or other building.
Animals shall not be tied or chained to doghouse or other stationary objects for any period of time
exceeding twelve hours. [TCR 08-56]
7-324
Dog pens. Outdoor dog pens shall be located fifty (50) feet from any dwelling, other than the
person’s owning or controlling the dog. There shall be at least one hundred fifty (150) square feet in such
pen for each dog, over six (6) months of age, kept therein. [TCR 08-56]
7-325
1.
2.
7-326
1.
Conditions of pens and premises.
It shall be unlawful for any person keeping or harboring animals to fail to keep the premises
where such animals are kept free from offensive odors to the extent that such odors are disturbing
to any person residing within reasonable proximity of said premises. It shall be unlawful to allow
premises where animals are kept to become unclean and a threat to the public health by failing
diligently and systematically to remove all animal waste from the premises. It shall be unlawful
to allow animals on premises where animals are kept to become infested with ticks, fleas or other
vermin, by failing to diligently and systematically apply accepted methods of insect and parasite
control.
Birdcages must be kept free from drafts and sudden chills. Cages must be cleaned daily to avoid
airborne diseases to persons and other birds. Birds must have a constant supply of potable water
and wholesome food appropriate to the particular species. No person may have an outside aviary
unless he/she is a licensed rehabilitator. Outside aviaries must follow state and federal guidelines
and have the approval of Animal Services. [TCR 08-56]
Animal bites.
Any animal which has bitten a person is a rabies suspect, and the owner or custodian shall
immediately release such animal for quarantine confinement in a veterinary hospital approved by
the Tribe or at Animal Services for a period of ten (10) days. Such quarantine may also be
carried out within an enclosure approved by Animal Services.
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2.
3.
4.
When any animal has bitten, scratched, or otherwise attacked a person, the person or anyone
having knowledge of such incident shall immediately notify Animal Services.
The animal may be quarantined for a period of at least (10) days at the expense of the owner, or
ownership may be relinquished, and the animal euthanized, and its head taken to the State/Tribal
Health Department for a pathological examination.
The quarantine may be on the premises of the owner at the discretion of and under supervision of
Animal Services if an appropriate/suitable place is available. Unclaimed stray animals may be
humanely euthanized within twenty-four (24) hours or one (1) working day and the head removed
and taken to the State/Tribal Health Department for pathological examination. [TCR 08-56]
7-327
Nuisance animals. Owners of nuisance animals shall be subject to fine as set forth under this
Article. Nuisance animals are any animals which infringe upon the rights of another animal or a person,
or:
1.
2.
3.
4.
5.
6.
7.
Molest passersby or passing vehicles;
Trespass on school grounds;
Are repeatedly at large;
Damage private or public property;
Bark, whine, or howl in an excessive, continuous, or untimely fashion;
Cause fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to
neighbors or others in close proximity to the premises where animal is kept or harbored; or
Interfere with refuse collection or other service personnel.
For purposes of this Section, each day that a violation occurs shall be considered a separate violation, and
if a separate citation is issued for each violation, each such separate violation may be penalized
separately. [TCR 08-56]
Dangerous animals. It shall hereafter be unlawful for any person, to keep within the corporate
7-328
limits of the Village and Reservation boundaries of Winnebago, Nebraska, any dangerous animal, unless
such animal shall be secured and maintained as set forth in Section 7-332. [TCR 08-56, 11-70]
7-329
Determination of vicious animal, dangerous animal, potentially dangerous animal; notice
to owner.
1.
2.
3.
The Office of Animal Services shall be responsible for determining whether an animal is vicious,
dangerous, or potentially dangerous. The Animal Services department shall consider the overall
behavior of the animal in making this determination, including whether the animal has engaged in
one or more attacks that caused severe injury or property damage.
When, in the judgment of Animal Services, any animal is determined to be a Vicious Animal,
Dangerous Animal or Potentially Dangerous Animal, Animal Services shall give notice of said
determination to the owner who shall forthwith comply with the provision of this Section
concerning such determination. After notice to the owner or if after documented diligent effort,
no owner can be located, to protect the public from imminent danger to persons or property, at the
discretion of Animal Services, such animal may be humanely destroyed without regard to any
time limitation otherwise established herein.
No animal shall be declared Vicious, Dangerous, or Potentially Dangerous if a domestic animal
which was bitten or attacked was teasing, tormenting, abusing or assaulting the animal. No
animal shall be declared vicious if the animal was protecting or defending a human being within
the immediate vicinity of the animal from an unjustified attack or assault or if the animal was
protecting its young. [TCR 08-56]
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TITLE 7 ARTICLE 3
7-330
1.
2.
Vicious dogs.
Vicious dogs, as defined in this Section, are hereby banned from the boundaries of the
Winnebago Reservation and may not be owned or kept within the Winnebago Reservation
boundaries.
Dog breeds identified in this Section are hereby deemed to be vicious and may not be owned or
kept within the Winnebago Reservation. Breed specific dogs are defined as any of the following:
a.
American Pit Bull Terrier.
b.
Staffordshire Bull Terrier.
c.
American Staffordshire Terrier.
d.
Rottweiler.
e.
Doberman.
f.
Wolf dog/hybrid.
g.
Any dog whose sire or dam is a dog of a breed, which is defined in this Section.
h.
Any dog whose owner registers, defines, admits, or otherwise identifies said dog as being
of a breed identified in this Section.
i.
Any dog conforming, or substantially conforming to the breed of American Pit Bull
Terrier, American Staffordshire Terrier, or Staffordshire Bull Terrier as defined by the
United Kennel Club or American Kennel Club.
j.
Any dog which is of the breed commonly referred to as “pit bull” and commonly
recognizable and identifiable as such. [TCR 08-56]
7-331
Appeal procedure. Although an appeal of a vicious animal determination will not stay such
determination, said owner of a vicious animal may appeal determination by filing a Notice of Appeal with
the Winnebago Tribal Court within five (5) days thereof. No animal found to be vicious pursuant to this
Article shall be destroyed or otherwise disposed of until the appeal period has expired and/or final
disposition of any appeal filed pursuant to this Section. The animal shall however be impounded during
the appeal period and while any appeal is pending with non-refundable costs of impoundment to be paid
by the owner. [TCR 08-56]
7-332
1.
Requirements for dangerous animals; penalties.
The following conditions are required for all owners of dangerous animals:
a.
b.
c.
Confinement. Dangerous animals must be confined in an adequate enclosure. An
enclosure in which a dangerous dog or animal is kept must have secure sides and a secure
top attached to the sides. If the pen or structure has no bottom secured to the sides, the
ground beneath the gate shall be secured by embedded posts and the sides must be
embedded into the ground no less than two (2) feet, unless such pen has a concrete
bottom in which case the sides need only be embedded two (2) inches deep into the
concrete. All such pens or structures must be adequately lighted and kept in a clean and
sanitary condition. Any stationary enclosure or pen shall be at least two (2) square feet
per pound/per animal so confined. This structure must be species-appropriate.
At large, leash and muzzle. The owner of a dangerous animal shall not permit the animal
to go unconfined unless the animal is securely muzzled and restrained by a chain or leash,
while under the physical restraint of a person capable of restraining said animal, or kept
in an adequate enclosure as outlined in Section 7-323. The muzzle shall be made in a
manner that will not cause injury to the animal or interfere with its vision or respiration,
but shall prevent it from biting any human or animal.
Signs. The owner of a dangerous animal shall display in a prominent place on his or her
premises a clearly visible warning sign indicating that there is a dangerous animal on the
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TITLE 7 ARTICLE 3
2.
7-333
1.
2.
3.
premises. A similar sign is required to be posted on each side of the pen, enclosure or
kennel of the animal. The sign must be capable of being read from the public highway or
thoroughfare and the sign shall include a non-verbal symbol warning of the presence of a
dangerous dog.
Penalties. Violations of Sections 7-332(a), (b), or (c) shall result in a penalty of not more than
five hundred dollars ($500.00). [TCR 08-56, 11-70]
Animal fighting or attack training; penalty.
No person, shall possess, harbor, or maintain care or custody of any dog, or other animal for the
purpose of animal fighting, nor shall any person train, torment, badger, bait or use any animal for
the purpose of causing or encouraging the animal to attack human beings, domestic animals, or
livestock. This does not include accredited animal training programs for police use.
For purposes of this Section, each day that a violation occurs, shall be considered a separate
offense, and if a separate citation is issued for each offense, each such separate offense may be
punished separately. A criminal charge does not discharge liability in a civil suit for the same
offense.
Penalty. Violations of Section 7-333(a) shall result in a penalty of not more than one thousand
dollars ($1000.00). [TCR 08-56, 11-70]
Keeping of innately wild animals. As used in this Section, the term innately wild animals
7-334
shall include lions, tigers, cougars, panthers, bears, wolves, wolf-hybrid, cat-hybrid and other nondomestic animals of an untamable disposition; notwithstanding that their natural wildness may be
intermittently dormant, as said wildness is likely to be awakened at any time, suddenly and unexpectedly.
The failure to specifically list any animal in this subsection will not preclude such animal from being
deemed an innately wild animal of untamable disposition. The possession, maintenance, or keeping of
innately wild animals within the Village and Reservation boundaries of Winnebago, Nebraska is hereby
prohibited. This Section shall not apply to any zoo, circus, or sanctuary complying with applicable laws
and regulations and keeping said innately wild animals for the education of the public. [TCR 08-56]
7-335
Wildlife protection. It is unlawful for any person to hunt, chase, shoot, wound, kill, net, trap,
snare or in any other manner whatsoever catch any wildlife within the Reservation boundaries of
Winnebago except as may be allowed pursuant to the rules, regulations and licensing requirements of the
Winnebago Tribal Wildlife and Parks Commission. However, should it be determined by a Conservation
Officer or Animal Services that a wild or domestic animal is causing a nuisance or creating verifiable
property damage, humane live traps may be used to capture and translocate, or impound such animal.
[TCR 08-56]
7-336
Keeping of exotic animals. The keeping of exotic animals, as defined in Section 7-300(12),
shall be prohibited. [TCR 08-56]
7-337
Keeping of livestock. It shall be unlawful for any person to keep, maintain, or permit to run at
large any livestock within the corporate limits of the Village of Winnebago. [TCR 08-56]
7-338
Keeping of animals for which no licensed, approved rabies vaccine is available. The
keeping of animals for which no licensed, approved rabies vaccine is available shall be prohibited. [TCR
08-56]
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WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 3
7-339
1.
Kennel standards.
All kennels, as defined herein, shall in addition to the other requirements of this Article, comply
with minimum standards of this Section. Failure to meet these standards shall be grounds for
denial of a permit or revocation of a permit. A kennel is defined as an establishment wherein any
person engages in the business of boarding, breeding, buying, grooming, letting for hire, training
for a fee, or selling dogs or other animals.
STANDARDS:
a.
Enclosures must be provided which shall allow adequate protection against weather
extremes. Floors of buildings, runs and walls shall be of an impervious material to
permit proper cleaning and disinfecting.
b.
Building temperature shall be maintained at a comfortable level. Adequate ventilation
and adequate lighting shall be maintained.
c.
Each animal shall have sufficient space to stand up, lie down and turn around without
touching the sides or tops of cages.
d.
Cages are to be of material and construction that permits cleaning and sanitizing.
e.
Cage floors are to be of concrete, and unless radiantly heated, shall have a resting board
or some type of bedding.
f.
Runs shall provide an adequate exercise area and protection from the weather. Runs shall
have an impervious surface.
g.
All animal quarters and runs are to be kept clean, dry and in a sanitary condition.
h.
The food shall be free from contamination, wholesome, palatable and of sufficient
quantity and nutritive value to meet the normal daily requirements for the condition and
size of the animal.
i.
All animals shall have potable water available at all times. Water vessels shall be
mounted or secured in a manner that prevents tipping and be of the removable type.
2.
The Office of Environmental Health is authorized to establish procedures and applications for the
issuance of permits for the operation of kennels. [TCR 08-56]
7-340
1.
2.
7-341
1.
7-342
1.
Harboring of strays.
Any person who harbors any animal found astray within the Reservation shall, within twenty-four
hours, notify the Animal Services department.
Harboring or feeding an animal for twenty-four hours or more shall constitute ownership by the
person feeding the animal. [TCR 08-56]
Trapping animals.
No person may set traps in the Village proper for purposes of apprehending wild or domesticated
animals. This Section does not prohibit: trapping mice, rats, other household vermin, moles or
other underground pests so long as the traps used may be triggered only by subsurface action, or
setting of traps in the line of duty by a Conservation Officer or an Animal Control Officer or with
written permission from and under supervision of a Conservation Officer or an Animal Control
Officer or licensed pest control operator. [TCR 08-56]
Rabies reports; examination; quarantine.
Report by owner. It shall be the duty of the agent or owner of any dog, cat or other domesticated
animal suspected of being infected with rabies or other diseases communicable to human beings,
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December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 3
2.
3.
4.
5.
6.
7.
8.
9.
or any animal that has attacked, bitten or caused any skin abrasion upon any person, to report the
same at once to the Animal Services or Health Department.
Report by physician. It shall be the duty of any physician to immediately transmit to the Animal
Services or Health Department any information that may come to him/her in his/her professional
capacity with reference to any patient of his/hers having been attacked, bitten or having any skin
abrasion caused by any dog, cat or other domesticated animal.
Report by others. It shall be the duty of any person so attacked or bitten or who has any skin
abrasion caused by being attacked or bitten by any dog, cat or other domesticated animal to
immediately report the same to the Animal Services or Health Department.
Examination. In the event of any of the foregoing contingencies, the Law Enforcement Officers,
the Health Officer, the Animal Control Officer or Conservation Officer shall cause the dog, cat or
other domesticated animal so suspected of being infected with diseases communicable to human
beings, or who has attacked, bitten or caused any skin abrasion upon any person, to be
immediately examined.
Quarantine conditions. The Law Enforcement Officers, the Health Officer, the Conservation
Officer or the Animal Control Officer shall thereupon make such examinations as in his/her
judgment are necessary to determine whether or not such dog or cat or other domesticated animal
is suffering from rabies or other communicable diseases transmissible to human beings, and shall
place such dog, cat or other domesticated animal in quarantine and keep it under observation for
such period as in his/her opinion may be necessary, but at least for a period of ten (10) days.
Quarantine place. Such dog or cat or other animal may be placed in quarantine at the owner’s
home providing the Law Enforcement Officer, the Health Officer, the Conservation Officer or the
Animal Control Officer is satisfied that such animal can be kept, tied and isolated from all other
animals and cannot come into contact with any person or persons. It is unlawful to permit such
quarantined animal to be untied or to come into contact with persons or other animals. If, in the
opinion of the Law Enforcement Officer, the Health Officer, the Conservation Officer or the
Animal Control Officer, this is not possible, the dog, cat or other domesticated animal may be
quarantined at the animal control facility at the expense of the owner.
Report of condition. It shall be the duty of the owner or agent, after a dog, cat or other
domesticated animal is placed under quarantine, to report at once to the officer who has placed
the animal under quarantine any noticeable change in the physical condition of such animal, and
to notify him/her at once in the event that such animal should die.
Death of animal during quarantine. In the event of the death of an animal suspected by the
officers of being rabid or suffering from disease, the owner, or his agent, of said animal shall
leave the carcass, and shall turn over said animal to local and state health officials for the purpose
of making such post mortem examinations or other examinations, including autopsy and disposal
thereof which, in his/her opinion, are necessary to determine whether or not such animal has died
of rabies or other diseases communicable to humans.
Payment of quarantine and examination costs.
a.
The owner of any animal quarantined may redeem such animal after any quarantine
period upon the payment of all costs of confinement, including cost of food and the care
of such animal. If the animal is a stray or the owner is unknown, the agency ordering the
quarantine will be billed for all costs relative to the animal.
b.
When an animal dies during quarantine, the owner, if known, shall be billed for all costs
of confinement to date of death, and for all examinations, including post mortem or
laboratory tests for rabies.
c.
If the owner of an animal or any other person or organization specifically requests a post
mortem or laboratory examination of an animal for rabies, then the person making such a
request shall pay all costs incurred.
3-15
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 3
10.
Periodic examination of animal. It shall be the duty of the Health Officer to make, in addition to
the initial examination, at least one subsequent examination at the end of the ten (10)-day period,
and such other examination as he/she may deem necessary. [TCR 08-56]
7-343
Civil liability of owner for damages caused by the owner’s dog, cat or other domesticated
animal. Every person owning or harboring a dog, cat or other domesticated animal shall be liable for all
damages done by the dog, cat or other domesticated animal. [TCR 90-73, 08-56]
7-344
Sovereign immunity of the Tribe. There is no waiver of sovereign immunity of the
Winnebago Tribe of Nebraska in the implementation of this law. [TCR 90-73, 08-56]
7-345
1.
2.
3.
4.
5.
6.
Penalties. For use in this Article, the penalties for violation are as follows:
Unless otherwise provided, the civil penalty for any person to do any act forbidden or to fail to
perform any act required by any provision or section of this Animal Control Article is twenty-five
dollars ($25.00) for the first violation, fifty dollars ($50.00) for the second violation and seventyfive dollars ($75.00) for any subsequent violations.
All civil penalties are to include court costs and, except for Sections 7-332 and 7-333, court
appearances are waivable.
Court proceedings to enforce civil penalties herein are to be initiated by the issuance of a citation
by a Law Enforcement Officer or Tribal Conservation Officer or by the filing of a civil complaint
by the Tribal Prosecutor.
Penalties collected for violations of this Article, less court costs, shall be disbursed to the Office
of Environmental Health for the purpose of defraying the costs of licensing, education, and other
expenses related to Animal Control.
Failure to appear as directed by a citation or civil complaint or failure to otherwise fully satisfy
the penalty assessed thereby shall be punishable pursuant to the Winnebago Criminal Code § 3639.
Cost incurred by Tribal or Village authorities for the spaying or neutering of a dog or cat pursuant
to Section 7-311(1) shall be assessed and payable as a penalty under this Section. [TCR 90-73,
08-56, 11-70]
3-16
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 4
TITLE 7
ARTICLE 4
OPEN BURNING
7-401
7-402
7-403
Definitions.
Open burning.
Prohibition on open burning.
7-404
7-405
Trash containers.
Penalty.
7-401
Definitions. For the purpose of this Article the following words shall have the following
meanings unless otherwise required:
1.
2.
7-402
1.
2.
3.
4.
5.
6.
Person. Any individual, household, firm, partnership, corporation, company, society, association,
and every officer, agent or employee thereof.
Open burning. Any burning from which the products of combustion are discharged directly into
the open air without passing through a stack or chimney.
Open burning. Open burning is prohibited with the following exceptions:
Controlled burning of weeds;
Fires used for educational, recreational, cooking or religious purposes;
Small outdoor fires necessary for producing a source of heat;
Trash burning of household garbage in metal barrels except that insofar as possible such
household garbage should be left unburned for regular garbage collection.
Burning of household garbage shall be permitted when done in a metal barrel with a capacity of
fifty five gallons or more and only when covered with a metal screen of sufficient density to
prevent unburned or burning particles from escaping from the barrel;
Such fires shall be attended at all times until completely extinguished.
7-403
Prohibition on open burning. Nothing contained herein shall prohibit appropriate Tribal
officials from banning open burning during periods of extreme fire danger.
7-404
Trash containers. Trash containers shall be limited in capacity to the lesser of fifty five
gallons or one hundred pounds and shall be secured at any opening and to the earth so as to prevent
spillage and animal entrance.
7-405
Penalty. Any person who willfully or negligently violates this Article shall be subject to
citation by the Winnebago Tribal Police or the Bureau of Indian Affairs police and shall, upon citation, be
ordered to appear in Winnebago Tribal Court. A person found guilty of willful or negligent violation of
this Article shall be subject to a fine of not more than one thousand dollars ($1,000.00). Additionally, the
Winnebago Tribal Court may order restitution for any actual damages caused by such person’s violation
of this Article.
4-1
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 5
TITLE 7
ARTICLE 5
BURNING OF PETROLEUM PRODUCTS
7-501
7-502
Definitions.
Burning of petroleum products.
7-503
Penalty.
7-501
Definitions. For the purpose of this Article the following words shall have the following
meanings unless otherwise required:
1.
2.
Any individual, household, firm, partnership, corporations, company, society,
Person.
association, and every officer, agent or employee thereof.
Petroleum products. Any product which is composed of petroleum, including but not limited to,
motor oil, plastic, or rubber.
7-502
Burning of petroleum products. Any burning of petroleum products is prohibited, with the
exception of burning in a Tribally-approved incinerator.
7-503
Penalty. Any person who willfully or negligently violates this Article shall be subject to
citation by the Winnebago Tribal police or the Bureau of Indian Affairs police and shall, upon citation, be
ordered to appear in Winnebago Tribal Court. A person found guilty of willful or negligent violation of
this Article shall be subject to a fine of not more than one thousand dollars ($1,000.00). Additionally, the
Winnebago Tribal Court may order restitution for any actual damages caused by such person’s violation
of this Article.
5-1
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 6
TITLE 7
ARTICLE 6
OPEN DUMPING
(Revised October 19, 2016)
7-601
7-602
Definitions.
Open Dumping.
7-603
7-604
Containment Dumping.
Penalty.
7-601 Definitions. For the purpose of this Article, the following words have the following meanings
unless otherwise required:
1.
2.
3.
4.
5.
Person. Any individual, household, firm, partnership, corporation, company, society, association,
and every officer, agent or employee thereof.
Garbage. All solid wastes, including but not limited to, ashes, paper, wood, tin cans, yard
clippings, glass, bedding, and the carcasses of animals.
Resident Tribal Member. An enrolled member of the Winnebago Tribe of Nebraska living within
the exterior boundaries of the Winnebago Indian Reservation.
Open dumping. Disposing of garbage in any manner except:
a.
In trash containers as defined by Title 7 Article 4 of the Winnebago Tribal Code.
b.
Within a Tribally-approved landfill area pursuant to Tribal regulations for landfill
dumping.
Containment Dumping. Disposing of garbage and waste materials inside of an approved and
designated dumpster receptacle area. [TCR 17-12]
7-602 Open Dumping. Open dumping is prohibited within the exterior boundaries of the Winnebago
Indian Reservation.
7-603 Containment Dumping. Containment Dumping is only permitted for Resident Tribal Members.
Any person who is not a Resident Tribal Member is prohibited from Containment Dumping, and any
person found to be in violation of this section will be subject to the penalty set forth in Section 7-604.
[TCR 17-12]
7-604
Penalty. Any person who willfully or negligently violates this Article shall be subject to
citation by the Winnebago Tribal Police or the Bureau of Indian Affairs Police and shall, upon citation, be
ordered to appear in Winnebago Tribal Court. A person found guilty of willful or negligent violation of
this Article shall be subject to a penalty of not more than one thousand dollars ($1,000.00). Additionally,
the Winnebago Tribal Court may order restitution for any actual damage caused by such person’s
violation of this Article. [TCR 17-12]
6-1
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 8
TITLE 7
ARTICLE 8
COMPULSORY EDUCATION
(as revised December 12, 2025)
7-801
7-802
7-803
7-804
7-805
7-806
Compulsory Education; attendance
required.
Violation.
7-807
Compulsory Education, exceptions.
General Equivalency Diploma
Program
Record of attendance; made where.
7-809
7-810
Entry or withdrawal of student;
attendance reports.
Non-attendance; duty to report;
investigation
Excessive absenteeism; report.
Collaborative plan; considerations.
7-811
7-812
7-813
School procedures.
Progressive Discipline
Effective date.
Non-attendance lists; transmission
of information.
7-808
7-801 Compulsory education; attendance required.
Every person residing within the territorial jurisdiction of the Winnebago Tribe of
Nebraska hereinafter referred to as the “reservation” including in the area comprised by State of
Nebraska School District 17 who has legal guardianship or actual charge or control of any child
not less than seven nor more than nineteen years of age shall cause such child to attend regularly
the public, private, denominational, or parochial day schools each day that such schools are open
and in session, except when excused by school authorities, unless such child has been graduated
from high school. [TCR 05-03, 26-48]
7-802 Violation.
A violation of this Section 7-801 is a Class III Offense. [TCR 26-48]
7-803 Compulsory education exceptions:
Section 7-801 shall not apply where a child:
1. Has obtained a General Equivalency Diploma (GED) prior to the effective date of this Title
7, Article 8, or when illness or severe weather conditions make attendance impossible or
impracticable;
2. Has obtained a high school diploma by meeting the graduation requirements established in
section 79-729 of the Nebraska Revised Statutes;
3. Has reached sixteen years of age and has been withdrawn from school pursuant to section
79-202 of the Nebraska Revised Statutes. [TCR 26-48]
8-804 General Equivalency Diploma Program.
1. In no case shall a child be allowed to enroll in a GED program prior to reaching the age of
eighteen (18).
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 8
2. Should a child between the ages of eighteen and nineteen seek to withdraw from regular
school attendance for the purposes of enrolling in a GED program, an application for such
purpose shall be made to the school superintendent.
3. Students who are enrolled in a GED program must provide documentation of enrollment
and regular attendance to the school superintendent. Upon completion of GED
requirements, a copy of the diploma shall be provided to the school superintendent. [TCR
5-03, 26-48]
7-805 Record of attendance; made where.
Each public, private, denominational and parochial school of State of Nebraska School
District 17 shall keep a record showing (1) the name, age, and legal residence of each child
enrolled; (2) the name of the parent or legal guardian; (3) the number and county of the school
district in which said school is located; (4) the number of days each pupil was present and the
number of days absent; and (5) the cause of each absence. On the third day of the beginning of
each school year, a list shall be sent to the superintendent of said schools, including the names of
the pupils enrolled in his/her schools, with the age, grade and address of each. At St. Augustine’s
Elementary School, the list shall be sent to the principal of that school. [TCR 05-03, 26-48]
7-806 Non-attendance lists; transmission of information. The superintendent of all schools
within the reservation including the Winnebago Public Schools, or his designee, upon receipt of
the list specified in Section 7-803, shall (1) compare the names of the children enrolled with the
last census report on file in his/her office from such district; (2) prepare a list of all children resident
in such district under his jurisdiction who are not attending school as provided in Section 7-801; and (3)
transmit the list to the principal or attendance officer of said district. [TCR 26-48]
7-807 Entry or withdrawal of student; attendance reports. Whenever any child shall enter or
withdraw from any school within the reservation including the Winnebago Public Schools after
the third day in which school is in session, the name of such child shall be transmitted to the
principal or attendance officer of the respective school, who shall use such information in whatever
way he/she shall deem necessary for the purpose of enforcing Section 7- 801 and shall provide
such information to the Truancy Officer. [TCR 26-48]
7-808 Non-attendance; duty to report; investigation
1.
2.
Withing the reservation including the area comprised by State of Nebraska School District
17, the superintendent, or any principal, teacher, or member of the board of education of
any school within said district who shall know of any violation of Section 7-801 on the part
of any child of school age, his/her parents, the person in actual or legal control of such
child, or any other person, shall within three days report such violation to the respective
principal or attendance officer and the Truancy officer.
When of his/her personal knowledge, by report or by complaint as provided herein, the
principal or attendance officer believes that any child is unlawfully absent from school,
he/she shall immediately investigate and render all service in his/her power to compel such
child to attend some public, private, denominational, or parochial school which the person
having control of the child shall designate. [TCR 05-03, 26-48]
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 8
7-809 Excessive absenteeism; report.
At the end of each week during the school year, all absences of five or more days per
semester shall be reported to the principal or attendance officer of the school within the reservation.
This report shall include (1) the name, age, and address of each child; (2) the number of days each
child was absent; (3) the dates and cause of each absence; and (4) the parent or legal guardian’s
name. A copy of this report shall also be forwarded to Child & Family Services, the Juvenile
Probation Officer, and the Tribal Prosecutor so that each department can conduct
appropriate follow-up. [TCR 05-03, 26-48]
7-810 Collaborative plan; considerations.
Upon five days of absence, the following services shall be provided to address barriers to
attendance:
1. Written communication by school officials with the parent or legal guardian having legal
or actual charge or control of any child; and
2. A a minimum, one or more meetings between, at a minimum, a school attendance officer,
a school social worker, or a school administrator or his or her designee, the person who has
legal or actual charge or control of the child, the person who is responsible for making
educational decisions on behalf of the child if that person is someone other than the person
who has legal or actual charge or control of the child, and the child, when appropriate, to
address the barriers to attendance. The purpose of the meeting or meetings shall be to develop a
collaborative plan to reduce barriers identified to improve regular attendance. The plan shall
include, if agreed to by the person who is responsible for making educational decisions on behalf of
the child, an educational evaluation to determine whether any intellectual, academic, physical, or
social-emotional barriers are contributing factors to the lack of attendance. The plan shall also
consider, but not be limited to:
a.
b.
c.
d.
e.
f.
The physical, mental, or behavioral health of the child;
Educational counseling;
Referral to community agencies for economic services;
Family or individual counseling;
Assisting the family in working with other community services; and
Referral to restorative justice practices or services. [TCR 26-48]
7-811 School procedures.
Nothing in this Code provision shall prevent any school within the reservation from
enacting internal procedures, which shall further the intent of the Winnebago Tribe to enforce
compulsory school attendance, so long as such procedures do not conflict with the provisions as
set forth herein. [TCR 05-03, 26-48]
7-812 Progressive discipline.
The Tribal Court may, as a condition of pre-trial release, agreement by the parties, or after
adjudication of a criminal complaint, impose progressive penalties and requirements to remove
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 8
barriers for the students and compel students, parents, and adults responsible for the student
to comply with the compulsory school attendance law. [TCR 26-48]
7-813 Effective date.
This Article 8 of Title 7 “Compulsory Education” shall become effective upon the date of
enactment by the Tribal Council. [TCR 05-03, 26-48]
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
TITLE 7
ARTICLE 9
FOOD CODE
7-901
7-902
7-903
7-904
7-905
7-906
7-907
7-908
7-909
7-910
7-911
7-912
7-913
7-914
7-915
7-916
7-917
7-918
7-919
7-920
7-921
7-922
7-923
Food Code.
Food safety, illness prevention and
honest presentation.
Statement.
Statement of application and listing of
terms.
Person in Charge.
Clean Condition.
Cleaning Procedure.
When to Wash.
Clean Condition.
Eating, Drinking, or Using Tobacco.
Discharge from the Eyes, Nose or
Mouth.
Food.
Characteristics.
Nonfood-Contact Surfaces.
Equipment and Utensils.
Food-Contact Surfaces.
Nonfood-Contact Surfaces.
Approved System.
Outdoor Enclosure.
Receptacles.
Outside Receptacles.
Storing Refuse, Recyclables, and
Returnables.
Areas, Enclosures, and Receptacles,
Good Repair.
7-924
7-925
7-926
7-927
7-928
7-929
7-930
7-931
7-932
7-933
7-934
7-935
7-936
7-937
7-938
7-939
7-940
7-941
7-942
7-943
7-944
Surface Characteristics.
Handwashing Cleanser, Availability.
Mechanical.
Maintaining Premises, Unnecessary Items
and Litter.
Prohibiting Animals.
Separation of poisonous or toxic materials.
Poisonous or toxic materials; Restriction.
Conditions of Use.
Rodent Bait Stations.
Public Health Protection.
Preventing Health Hazards, Provisions for
Conditions Not Addressed.
Modifications and Waivers.
Prerequisite for Operation.
Form of Submission.
Qualifications and Responsibilities of
Applicants.
Contents of Application.
Existing Establishments, Permit Renewal,
and Change of Ownership.
Denial of Application for Permit, Notice.
Revocation.
Appeal.
Responsibilities of Permit Holder.
7-901
Food Code. These provisions shall be known as the Winnebago Tribe of Nebraska Food Code,
hereinafter referred to as “this Code.”
7-902
Food safety, illness prevention and honest presentation. The purpose of this Code is to
safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.
7-903
Statement. This Code establishes definitions; sets standards for management and personnel,
food operations, and equipment and facilities; and provides for food establishment inspection, employee
restriction, permitting, and suspension of privilege to sell food to the public.
7-904
Statement of application and listing of terms.
interpretation and application of this Code.
1.
2.
3.
The following definitions apply in the
“Adulterated” has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 402.
“Approved” means acceptable to the regulatory authority based on a determination of conformity
with principles, practices, and generally recognized standards that protect public health.
“Beverage” means a liquid for drinking, including water.
9-1
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
“CFR” means Code of Federal Regulations. Citations in this Code to the CFR refer sequentially
to the Title, Part, and Section numbers, such as 21 CFR 178.1010 refers to Title 21, Part 178,
Section 1010.
“Code of Federal Regulations” means the compilation of the general and permanent rules
published in the Federal Register by the executive departments and agencies of the federal
government which:
a.
Is published annually by the U.S. Government Printing Office; and
b.
Contains FDA rules in 21 CFR, USDA rules in 7 CFR and 9 CFR, EPA rules in 40 CFR,
and Wildlife and Fisheries rules in 50 CFR.
“Consumer” means a person who is a member of the public, takes possession of food, is not
functioning in the capacity of an operator of a food establishment or food processing plant, and
does not offer the food for resale.
“Corrosion-resistant material” means a material that maintains acceptable surface cleanability
characteristics under prolonged influence of the food to be contacted, the normal use of cleaning
compounds and sanitizing solutions, and other conditions of the use environment.
“Critical item” means a provision of this Code, that, if in noncompliance, is more likely than
other violations to contribute to food contamination, illness, or environmental health hazard.
“Critical limit” means the maximum or minimum value to which a physical, biological, or
chemical parameter must be controlled at a critical control point to minimize the risk that the
identified food safety hazard may occur.
Drinking Water.
a.
“Drinking water” means water that meets 40 CFR 141 National Primary Drinking Water
Regulations.
b.
“Drinking water” is traditionally known as “potable water.”
“Dry storage area” means a room or area designated for the storage of packaged or containerized
bulk food that is not potentially hazardous and dry goods such as single-service items.
Easily Cleanable.
a.
“Easily cleanable” means a characteristic of a surface that:
i.
Allows effective removal of soil by normal cleaning methods;
ii.
Is dependent on the material, design, construction, and installation of the surface;
and varies, with the likelihood of the surface’s role in introducing pathogenic or
toxigenic agents or other contaminants into food based on the surface’s approved
placement, purpose, and use.
b.
“Easily cleanable” includes a tiered application of the criteria that qualify the surface as
easily cleanable as specified under Subparagraph (a) of this definition to different
situations in which varying degrees of cleanability are required such as:
i.
The appropriateness of stainless steel for a food preparation surface as opposed to
the lack of need for stainless steel to be used for floors or for tables used for
consumer dining; or
ii.
The need for a different degree of cleanability for a utilitarian attachment or
accessory in the kitchen as opposed to a decorative attachment or accessory in
the consumer dining area.
“Employee” means the permit holder, person in charge, person having supervisory or
management duties, person on the payroll, family member, volunteer, person performing work
under contractual agreement, or other person working in a food establishment.
“EPA” means the U.S. Environmental Protection Agency.
Equipment.
a.
“Equipment” means an article that is used in the operation of a food establishment such
as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator,
scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending
machine, or warewashing machine.
9-2
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
b.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
“Equipment” does not include items used for handling or storing large quantities of
packaged foods that are received from a supplier in a cased or over-wrapped lot, such as
hand trucks, forklifts, dollies, pallets, racks, and skids.
“Food” means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or
intended for use or for sale in whole or in part for human consumption, or chewing gum.
“Food-contact surface” means:
a.
A surface of equipment or a utensil with which food normally comes into contact; or
b.
A surface of equipment or a utensil from which food may drain, drip, or splash:
i.
Into a food; or
ii.
Onto a surface normally in contact with food.
“Food employee” means an individual working with unpackaged food, food equipment or
utensils, or food contact surfaces.
“Food Establishment” means an operation that stores, prepares, packages, serves, vends, or
otherwise provides food for human consumption. However, it does not include:
a.
An establishment that offers only prepackaged foods that are not potentially hazardous;
b.
A produce stand that only offers whole, uncut fresh fruits and vegetables.
“Hazard” means a biological, chemical, or physical property that may cause an unacceptable
consumer health risk.
“Imminent health hazard” means a significant threat or danger to health that is considered to exist
when there is evidence sufficient to show that a product, practice, circumstance, or event creates a
situation that requires immediate correction or cessation of operation to prevent injury based on:
a.
The number of potential injuries; and
b.
The nature, severity, and duration of the anticipated injury.
“Kitchenware” means food preparation and storage utensils.
“Law” means applicable statutes, regulations, and ordinances.
“Linens” means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and
work garments including cloth gloves.
Packaged.
a.
“Packaged” means bottled, canned, cartoned, securely bagged, or securely wrapped,
whether packaged in a food establishment or a food processing plant.
b.
“Packaged” does not include a wrapper, carry-out box, or other nondurable container
used to containerize food with the purpose of facilitating food protection during service
and receipt of the food by the consumer.
“Permit” means the document issued by the regulatory authority that authorizes a person to
operate a food establishment.
“Person” means an association, a corporation, individual, partnership, other legal entity,
government, or governmental subdivision or agency.
“Person in charge” means the individual present at a food establishment who is responsible for
the operation at the time of inspection.
“Personal care items” means items or substances that may be poisonous, toxic, or a source of
contamination and are used to maintain or enhance a person’s health, hygiene, or appearance,
including items such as medicines, first aid supplies, and other items such as cosmetics, and
toiletries such as toothpaste and mouthwash.
“Physical facilities” means the structure and interior surfaces of a food establishment including
accessories such as soap and towel dispensers and attachments such as light fixtures and heating
or air conditioning system vents.
“Poisonous or toxic materials” means substances that are not intended for ingestion and are
included in 4 categories:
a.
Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as
caustics, acids, drying agents, polishes, and other chemicals;
9-3
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
b.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
Pesticides except sanitizers, which include substances such as insecticides and
rodenticides;
c.
Substances necessary for the operation and maintenance of the establishment such as
nonfood grade lubricants and personal care items that may be deleterious to health; and
d.
Substances that are not necessary for the operation and maintenance of the establishment
and are on the premises for retail sale, such as petroleum products and paints.
“Premises” means:
a.
The physical facility, its contents, and the contiguous land or property under the control
of the permit holder; or
b.
The physical facility, its contents, and the land or property not described under
Subparagraph (a) of this definition if its facilities and contents are under the control of the
permit holder and may impact food establishment personnel, facilities, or operations, if a
food establishment is only one component of a larger operation such as a health care
facility, hotel, motel, school, recreational camp, or prison.
Ready-to-Eat Food.
a.
“Ready-to-eat food” means food that is in a form that is edible without washing, cooking,
or additional preparation by the food establishment or the consumer and that is
reasonably expected to be consumed in that form.
b.
“Ready-to-eat food” includes:
i.
Potentially hazardous food that is unpackaged and cooked to the temperature and
time required for the specific food;
ii.
Raw, washed, cut fruits and vegetables;
iii.
Whole, raw, fruits and vegetables that are presented for consumption without the
need for further washing, such as at a buffet; and
iv.
Other food presented for consumption for which further washing or cooking is
not required and from which rinds, peels, husks, or shells are removed.
“Refuse” means solid waste not carried by water through the sewage system.
“Regulatory authority” means the Office of Environmental Health or an authorized representative
having jurisdiction over the food establishment.
“Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact
surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is
equal to a 99.999% reduction, of representative disease microorganisms of public health
importance.
“Single-service articles” means tableware, carry-out utensils, and other items such as bags,
containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed
for one time, one person use.
“Single-Use Articles” means utensils and bulk food containers designed and constructed to be
used once and discarded.
“Smooth” means a food-contact surface, floor, wall or ceiling having no roughness or projections
making it difficult to clean.
“Support animal” means a trained animal such as a Seeing Eye dog that accompanies a person
with a disability to assist in managing the disability and enables the person to perform functions
that the person would otherwise be unable to perform.
“Tableware” means eating, drinking, and serving utensils for table use such as flatware including
forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and
plates.
“Temporary food establishment” means a food establishment that operates for a period of no
more than 14 consecutive days in conjunction with a single event or celebration.
“USDA” means the U.S. Department of Agriculture.
“Utensil” means a food-contact implement or container used in the storage, preparation,
transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multi9-4
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
45.
7-905
1.
2.
3.
4.
5.
6.
7-906
clean.
use, single-service, or single-use; gloves used in contact with food, and food temperature
measuring devices.
“Vending machine” means a self-service device that, upon insertion of a coin, paper currency,
token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of
replenishing the device between each vending operation.
Person in Charge. The person in charge shall ensure that:
Employees and other persons such as delivery and maintenance persons and pesticide applicators
entering the food preparation, food storage, and warewashing areas comply with this Code.
Employees are effectively cleaning their hands, by routinely monitoring the employees’
handwashing.
Employees are visibly observing foods as they are received to determine that they are from
approved sources, delivered at the required temperatures, protected from contamination,
unadulterated, and accurately presented, by routinely monitoring the employees’ observations and
periodically evaluating foods upon their receipt.
Employees are properly cooking potentially hazardous food, being particularly careful in cooking
those foods known to cause severe foodborne illness and death, such as eggs and comminuted
meats, through daily oversight of the employees’ routine monitoring of the cooking temperatures.
Employees are using proper methods to rapidly cool potentially hazardous foods that are not held
hot or are not for consumption within 4 hours, through daily oversight of the employees’ routine
monitoring of food temperatures during cooling.
Employees are properly sanitizing cleaned multi-use equipment and utensils before they are
reused, through routine monitoring of solution temperature and exposure time for hot water
sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical
sanitizing.
Clean Condition. Food employees shall keep their hands and exposed portions of their arms
7-907
Cleaning Procedure. Food employees shall clean their hands and exposed portions of their
arms with a cleaning solution by vigorously rubbing together the surfaces of their lathered hands and arms
for at least 20 seconds and thoroughly rinsing with clean water. Employees shall pay particular attention
to the areas underneath the fingernails and between the fingers.
7-908
When to Wash. Food employees shall clean their hands and exposed portions of their arms
immediately before engaging in food preparation including working with exposed food, clean equipment
and utensils, and unwrapped single-service and single-use articles and:
1.
2.
3.
4.
5.
6.
7.
8.
After touching bare human body parts other than clean hands and clean, exposed portions of
arms;
After using the toilet room;
After caring for or handling support animals or aquatic animals;
After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or
drinking;
After handling soiled equipment or utensils;
During food preparation, as often as necessary to remove soil and contamination and to prevent
cross-contamination when changing tasks;
When switching between working with raw food and working with ready-to-eat food; and
After engaging in other activities that contaminate the hands.
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December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
7-909
Clean Condition. Food employees shall wear clean outer clothing to prevent contamination of
food, equipment, utensils, linens, and single-service and single-use articles.
7-910
Eating, Drinking, or Using Tobacco. Employees shall eat, drink, or use any form of tobacco
only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens;
unwrapped single-service and single-use articles; or other items needing protection cannot result. A food
employee may drink from a closed beverage container if the container is handled to prevent
contamination of:
1.
2.
3.
The employee’s hands;
The container; and
Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use
articles.
7-911
Discharge from the Eyes, Nose, or Mouth. Food employees experiencing persistent sneezing,
coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with
exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.
7-912
Food. All food to be distributed to the public shall be safe, unadulterated, and truthfully
presented.
7-913
Characteristics. Materials that are used in the construction of utensils and food-contact
surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or
tastes to food and under normal use conditions shall be:
1.
2.
3.
4.
5.
Safe;
Durable, corrosion-resistant, and nonabsorbent;
Sufficient in weight and thickness to withstand repeated warewashing;
Finished to have a smooth, easily cleanable surface; and
Resistant to pitting, chipping, grating, scratching, scoring, distortion, and decomposition.
7-914
Nonfood-Contact Surfaces. Nonfood-contact surfaces of equipment that are exposed to
splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosionresistant, nonabsorbent, and smooth material.
7-915
Equipment and Utensils. Equipment and utensils shall be designed and constructed to be
durable and to retain their characteristic qualities under normal use conditions.
7-916
1.
2.
3.
4.
5.
Food-Contact Surfaces. Multi-use food-contact surfaces shall be:
Smooth;
Free of breaks, open scalus, cracks, chips, pits, and similar imperfections;
Free of sharp internal angles, corners, and crevices;
Finished to have smooth welds and joints; and
Accessible for cleaning and inspection by one of the following methods:
a.
Without being disassembled;
b.
By disassembling without the use of tools; or
c.
By easy disassembling with the use of handheld tools commonly available to
maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and
Allen wrenches.
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December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
7-917
Nonfood-Contact Surfaces. Nonfood-contact surfaces shall be free of unnecessary ledges,
projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate
maintenance.
7-918
1.
2.
Approved System. Drinking water shall be obtained from an approved source that is:
A public water system; or
A nonpublic water system that is constructed, maintained, and operated according to law.
7-919
Outdoor Enclosure. If used, an outdoor enclosure for refuse, recyclables, and returnables
shall be constructed of durable and cleanable materials.
7-920
Receptacles. Receptacles and waste handling units for refuse, recyclables, and returnables and
for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant,
leak-proof, and nonabsorbent. Plastic bags and wet strength paper bags may be used to line receptacles
for storage inside the food establishment, or within closed outside receptacles.
7-921
Outside Receptacles. Receptacles and waste handling units for refuse, recyclables, and
returnables used with materials containing food residue and used outside the food establishment shall be
designed and constructed to have tight-fitting lids, doors, or covers. Receptacles and waste handling units
for refuse and recyclables such as an on-site compactor shall be installed so that accumulation of debris
and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around
and, if the unit is not installed flush with the base pad, under the unit.
7-922
Storing Refuse, Recyclables, and Returnables. Refuse, recyclables, and returnables shall be
stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.
7-923
Areas, Enclosures, and Receptacles, Good Repair. Storage areas, enclosures, and
receptacles for refuse, recyclables, and retumables shall be maintained in good repair.
7-924
Surface Characteristics. Except as specified in (B) of this section, materials for indoor floor,
wall, and ceiling surfaces under conditions of normal use shall be:
1.
2.
3.
Smooth, durable, and easily cleanable for areas where food establishment operations are
conducted;
Closely woven and easily cleanable carpet for carpeted areas; and
Nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators,
warewashing areas, toilet rooms, mobile food establishment servicing areas, and areas subject to
flushing or spray cleaning methods.
In a temporary food establishment:
1.
2.
If graded to drain, a floor may be concrete, machine-laid asphalt, or dirt or gravel if it is covered
with mats, removable platforms, duckboards, or other suitable approved materials that are
effectively treated to control dust and mud; and
Walls and ceilings may be constructed of a material that protects the interior from the weather
and windblown dust and debris.
7-925
Handwashing Cleanser, Availability. Each handwashing lavatory or group of 2 adjacent
lavatories shall be provided with a supply of hand cleaning liquid, powder, or bar soap.
9-7
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
7-926
Mechanical. If necessary to keep rooms free of excessive heat, steam, condensation, vapors,
obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided.
7-927
1.
2.
7-928
1.
2.
3.
4.
5.
Maintaining Premises, Unnecessary Items and Litter. The premises shall be free of:
Items that are unnecessary to the operation or maintenance of the establishment such as
equipment that is nonfunctional or no longer used; and
Litter.
Prohibiting Animals.
Except as specified in (B) and (C) of this Section, live animals may not be allowed on the
premises of a food establishment.
Live animals may be allowed in the following situations if the contamination of food, clean
equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot
result.
Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration,
and shellfish and crustacea in display tank systems.
Patrol dogs accompanying police or security officers in offices and dining, sales, and storage
areas, and sentry dogs running loose in outside fenced areas.
In areas that are not used for food preparation such as dining and sales areas, support animals
such as guide dogs that are trained to assist an employee or other person who is handicapped, are
controlled by the handicapped employee or person, and are not allowed to be on seats or tables.
7-929
Separation of poisonous or toxic materials. Poisonous or toxic materials shall be stored so
they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:
1.
2.
7-930
1.
2.
7-931
1.
Separating the poisonous or toxic materials by spacing or partitioning and
Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils,
linens, and single-service or single-use articles. This paragraph does not apply to equipment and
utensil cleaners and sanitizers that are stored in warewashing areas for availability and
convenience if the materials are stored to prevent contamination of food, equipment, utensils,
linens, and single-service and single-use articles.
Poisonous or toxic materials; Restriction.
Only those poisonous or toxic materials that are required for the operation and maintenance of a
food establishment, such as for the cleaning and sanitizing of equipment and utensils and the
control of insects and rodents, shall be allowed in a food establishment.
This Section does not apply to packaged poisonous or toxic materials that are for retail sale.
Conditions of Use. Poisonous or toxic materials shall be:
Used according to:
a.
Law and this Code;
b.
Manufacturer’s use directions included in labeling, and, for a pesticide, manufacturer’s
label instructions that state that use is allowed in a food establishment;
c.
The conditions of certification, if certification is required, for use of the pest control
materials; and
d.
Additional conditions that may be established by the regulatory authority; and
9-8
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
2.
3.
7-932
station.
Applied so that:
a.
A hazard to employees or other persons is not constituted; and
b.
Contamination including toxic residues due to drip, drain, fog, splash or spray on food,
equipment, utensils, linens, and single-service and single-use articles is prevented, and
for a restricted-use pesticide, this is achieved by:
i.
Removing the items;
ii.
Covering the items with impermeable covers; or
iii.
Taking other appropriate preventive actions; and
iv.
Cleaning and sanitizing equipment and utensils after the application.
A restricted-use pesticide shall be applied only by an applicator certified as defined in 7 USC
136(e) Certified Applicator, of the Federal Insecticide, Fungicide and Rodenticide Act, or a
person under the direct supervision of a certified applicator.
Rodent Bait Stations. Rodent bait shall be contained in a covered, tamper-resistant bait
7-933
Public Health Protection. The regulatory authority shall apply this Code to promote its
underlying purpose of safeguarding public health and ensuring that food is safe, unadulterated, and
honestly presented when offered to the consumer.
7-934
1.
2.
Preventing Health Hazards, Provision for Conditions Not Addressed.
If necessary to protect against public health hazards or nuisances, the regulatory authority may
impose specific requirements in addition to the requirements contained in this Code that are
authorized by law. Said requirements are incorporated into this Code, and shall have the same
force and effect as though set forth herein.
The regulatory authority shall document the conditions that necessitate the imposition of
additional requirements and the underlying public health rationale. The documentation shall be
provided to the permit applicant or permit holder and a copy shall be maintained in the regulatory
authority’s file for the food establishment.
7-935
Modifications and Waivers. The regulatory authority may grant a variance by modifying or
waiving the requirements of this Code if, in the opinion of the regulatory authority, a health hazard or
nuisance will not result from the variance.
7-936
Prerequisite for Operation. No person may operate a food establishment without a valid
permit to operate issued by the regulatory authority. If the regulatory authority is unable to issue a permit
due to vacancy or otherwise, a person may operate a food establishment pending approval or disapproval
of a permit.
7-937
Form of Submission. A person desiring to operate a food establishment shall submit to the
regulatory authority a written application for permit on a form provided by the regulatory authority.
7-938
1.
2.
3.
Qualifications and Responsibilities of Applicants. To qualify for a permit, an applicant shall:
Be an owner of the food establishment or an officer of the legal ownership;
Comply with the requirements of this Code;
Agree to allow access to the food establishment and to provide required information.
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December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 9
7-939
1.
2.
3.
4.
Contents of Application. The application shall include:
The name, birth date, mailing address, telephone number, and signature of the person applying for
the permit and the name, mailing address, and location of the food establishment;
Information specifying whether the food establishment is owned by an association, corporation,
individual, partnership, or other legal entity;
The name, title, address, and telephone number of the person directly responsible for the food
establishment;
A statement signed by the applicant that:
a.
Attests to the accuracy of the information provided in the application; and
b.
Affirms that the applicant will:
i.
Comply with this Code; and
ii.
Allow the regulatory authority access to the establishment for purposes of
inspecting the food handling operations to determine compliance with this Code.
7-940
Existing Establishments, Permit Renewal, and Change of Ownership. The regulatory
authority shall renew a permit for an existing food establishment or may issue a permit to a new owner of
an existing food establishment after a properly completed application is submitted, reviewed, and
approved, and an inspection shows that the establishment is in compliance with this Code.
7-941
Denial of Application for Permit, Notice. If an application for a permit to operate is denied,
the regulatory authority shall provide the applicant with a notice that includes:
1.
2.
3.
The specific reasons and Code citations for the permit denial;
The actions, if any, that the applicant must take to qualify for a permit; and
Advisement of the applicant’s right of appeal and the process and time frames for appeal that are
provided in law.
7-942
Revocation. The regulatory authority may revoke any previously granted permit upon
determination that one of the requirements for a permit is no longer met.
7-943
Appeal. Any denial of a permit to operate or a revocation of an existing permit may be
appealed to the Winnebago Tribal Court System. Said appeal must be taken within 14 days of denial or
revocation of said permit. The denial or revocation shall be upheld unless the Winnebago Tribal Court
System finds that the decision of the regulatory authority was arbitrary or capricious.
7-944
Responsibilities of Permit Holder. Upon acceptance of the permit issued by the regulatory
authority, the permit holder in order to retain the permit shall:
1.
2.
3.
Abide by the provisions of this Code;
Immediately discontinue operations and notify the regulatory authority if an imminent health
hazard may exist;
Allow representatives of the regulatory authority access to the food establishment at reasonable
times for the sole purpose of inspection.
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December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 10
TITLE 7
ARTICLE 10
CORONER
7-1000
7-1001
7-1002
7-1003
7-1004
7-1005
7-1006
Appointment of coroner; qualifications;
vacancies.
Investigations and inquests.
Expenses.
Witnesses; fees.
Oath of witnesses.
Testimony; filing.
Witness bound over; return.
7-1000
Appointment of coroner; qualifications; vacancies.
1.
2.
3.
7-1001
1.
2.
3.
4.
5.
7-1007
7-1008
7-1009
7-1010
7-1011
Burial.
Bodies; effects; custody.
Certificates of death.
Expenses.
Fingerprinting of unidentified deceased
person.
7-1012 Coroner removal of pituitary gland during
autopsy.
Appointment by resolution. There is hereby established the position and office of coroner. The
appointment of a coroner shall be made by the Winnebago Tribal Council for an indefinite period.
The coroner serves at the pleasure of the Winnebago Tribal Council.
Educational requirements. A coroner must have successfully completed academic courses in
pharmacology, surgery, pathology, toxicology, and physiology.
Vacancies. Vacancies in the office of coroner shall be filled by the Winnebago Tribal Council by
motion. A coroner may be removed from office by motion of the Tribal Council.
Investigations and inquests.
Deaths requiring inquests and investigations. The coroner shall investigate and may conduct
inquests in all human deaths of the following types:
a.
Violent deaths, whether apparently homicidal, suicidal, or accidental, including but not
limited to deaths due to thermal, chemical electrical or radiational;
b.
Deaths under unusual or mysterious circumstances;
c.
Deaths of persons whose bodies are to be cremated, dissected, buried at sea, or otherwise
disposed of so that the bodies will later be unavailable for examination; and
d.
Deaths of inmates of public institutions who are not hospitalized for organic disease and
whose deaths are not of any type referred to in clause (1) or (2).
Violent or mysterious deaths; autopsies. The coroner may conduct an autopsy in the case of any
human death referred to in subdivision 1, clause (1) or (2), when the coroner judges that the
public interest requires an autopsy.
Deaths caused by fire; autopsies. The coroner shall conduct an autopsy in the case of any human
death reported to the coroner by a fire marshal or a chief officer of a fire department where the
death is apparently caused by fire.
Other deaths; autopsies; exhumation; consent. The coroner may conduct an autopsy in the case of
any human death referred to in subdivision 1, clause (3) or (4), or may exhume any human body
and perform an autopsy on it in the case of any human death referred to in subdivision 1 when the
coroner judges that the public interest requires an autopsy. No autopsy shall be conducted unless
the surviving spouse, or next of kin if there is no surviving spouse, consents to it or the Tribal
Court, upon notice as the Court directs, enters an order authorizing an autopsy or an exhumation
and autopsy. Application for an order may be made by the coroner, by the Tribal Prosecutor or
by the General Counsel, upon a showing that the Court deems appropriate.
Assistance of medical specialists. If during an investigation the coroner believes the assistance of
pathologists, toxicologists, deputy coroners, laboratory technicians, or other medical experts is
10-1
December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 10
6.
7.
8.
9.
10.
11.
12.
necessary to determine the cause of death, the coroner shall obtain their assistance. Inquest. The
record and report of the inquest proceedings may not be used in evidence in any civil action
arising out of the death for which an inquest was ordered. Before an inquest is held, the coroner
shall notify the county attorney to appear and examine witnesses at the inquest.
Records. The coroner shall keep properly indexed records giving the name, if known, of every
person whose death is investigated, the place where the body was found, the date, cause, and
manner of death, and all other relevant information concerning the death.
Reports. Deaths of the types described in this Section must be promptly reported for
investigation to the coroner by the law enforcement officer, attending physician, mortician,
person in charge of the public institutions referred to in (a), or other person with knowledge of the
death.
For the purposes of this Section, health-related records or data on a decedent, except health data
defined in Section 13.38, whose death is being investigated under this Section, whether the
records or data are recorded or unrecorded, including but not limited to those concerning medical,
surgical, psychiatric, psychological, or any other consultation, diagnosis, or treatment, including
medical imaging, shall be made promptly available to the coroner, upon the coroner’s written
request, by a person having custody of, possession of, access to, or knowledge of the records or
data. The coroner shall pay the reasonable costs of copies of records or data provided to the
coroner under this Section. Data collected or created pursuant to this subdivision relating to any
psychiatric, psychological, or mental health consultation with, diagnosis of, or treatment of the
decedent whose death is being investigated shall remain confidential or protected nonpublic data,
except that the coroner’s report may contain a summary of such data.
Coroner in charge of body. Upon notification of a death subject to this Section, the coroner shall
proceed to the body, take charge of it, and, when necessary, order that there be no interference
with the body or the scene of death.
Criminal act report. On coming to believe that the death may have resulted from a criminal act,
the coroner or deputy shall deliver a signed copy of the report of investigation or inquest to the
Tribal prosecutor.
Sudden infant death. If a child under the age of two years dies suddenly and unexpectedly under
circumstances indicating that the death may have been caused by sudden infant death syndrome,
the coroner, medical examiner, or personal physician shall notify the child’s parents or guardian
that an autopsy is essential to establish the cause of death as sudden infant death syndrome. If an
autopsy reveals that sudden infant death syndrome is the cause of death, that fact must be stated
in the autopsy report. The parents or guardian of the child shall be promptly notified of the cause
of death and of the availability of counseling services.
Autopsy fees. The coroner may charge a reasonable fee to a person requesting an autopsy if the
autopsy would not otherwise be conducted under subdivision 1, 2, or 3.
7-1002 Expenses. The county board may allow the reasonable and necessary expenses of the coroner
or deputies incurred for telephone tolls, telegrams, postage, the cost of transcribing the testimony taken at
an inquest, and other expenses incurred solely for the officers’ official business under this chapter.
7-1003 Witnesses; fees. The coroner may issue subpoenas for witnesses, returnable immediately or at
a specified time and place. The persons served with the subpoenas shall be allowed the fees, the coroner
shall enforce their attendance, and they shall be subject to the penalties provided by statute or the rules of
criminal procedure.
7-1004 Oath of witnesses. The following oath shall be administered to the witnesses by the coroner:
“Do you solemnly swear or affirm that the evidence you shall give to this inquest concerning the death of
the person lying before you dead shall be the whole truth and nothing but the truth?”
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December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 10
7-1005 Testimony; filing. The testimony of a witness examined at an inquest must be put in writing
by the coroner or under the coroner’s direction and signed by the witness. The coroner shall then file the
testimony, together with a record of all proceedings, in the office of the Court Administrator of the Tribal
Court.
7-1006 Witness bound over; return. If the coroner finds that murder, manslaughter, or assault has
been committed, the coroner shall so inform the Tribal prosecutor. The coroner shall return to the Tribal
prosecutor the inquisition, written evidence, and all recognizances and examinations taken.
7-1007 Burial. When a coroner holds an inquest upon view of the dead body of any person unknown,
or, being called for that purpose, does not think it necessary, on view of the body, that an inquest be held,
the coroner shall have the body decently buried. All expenses of the inquisition and burial shall be paid
by the Tribe.
7-1008 Bodies; effects; custody. A person may not remove, interfere with or handle the body or the
effects of any person subject to an investigation by the coroner except upon order of the coroner, the
Tribal prosecutor or the Tribal Court. The coroner takes charge of the effects found on the body of a
deceased person and disposes of them as the Tribal Court directs by written order. If a crime in
connection with the death of a deceased person is suspected, the coroner or medical examiner may
prevent any person from entering the premises, rooms, or buildings, and shall have the custody of objects
that the coroner deems material evidence in the case. A willful violation of this Section is a
misdemeanor.
7-1009 Certificates of death. No person, other than the county coroner or judge exercising probate
jurisdictions shall issue a certificate of death in cases of violent or mysterious deaths, including suspected
homicides, occurring on the reservation.
7-1010 Expenses. The Tribe may allow the reasonable and necessary expenses of the coroner incurred
for telephone tolls, telegrams, postage, the cost of transcribing the testimony taken at an inquest, and other
expenses incurred solely for the officers’ official business under this chapter.
7-1011 Fingerprinting of unidentified deceased person. Each coroner shall have fingerprinted all
deceased persons on the reservation whose identity is not immediately established. Within 24 hours after
the body is found, the coroner shall forward to the Tribal prosecutor the fingerprints, fingerprint records,
and other identification data.
7-1012 Coroner removal of pituitary gland during autopsy. A county coroner who performs an
autopsy under this article may remove the pituitary gland from the body and give it to the national
pituitary agency, or any other agency or organization, for research if the following conditions have been
met:
1.
2.
3.
The removal would not alter a gift made to another;
The coroner or medical examiner has no knowledge of any objection to the removal by
the decedent or other person having the right to control the disposition of the body; and
The coroner has followed generally accepted ethical guidelines and the removal would
not violate the tenets of the deceased’s religion.
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December 2025
WINNEBAGO TRIBAL CODE
TITLE 7 ARTICLE 11
TITLE 7
ARTICLE 11
WINNEBAGO DRUG-FREE WORK PLACE
(Revised June 13, 2012)
7-1101
7-1102
7-1103
7-1104
7-1105
7-1106
7-1107
7-1108
7-1109
Citation.
Purpose.
Definitions.
Statement of policy on drugs.
Statement of policy on alcohol.
Zero tolerance policy.
Education and training of employees.
Drug and alcohol testing procedures;
reasonable suspicion.
Random drug and alcohol testing.
7-1110
7-1111
7-1112
7-1113
7-1114
7-1115
7-1116
7-1117
7-1118
7-1119
Drug test results.
Alcohol test results.
Refusal to submit.
Positive test results.
Release of test results.
Laboratory facility.
Applicants; generally.
Prohibited acts; penalties.
Supervisor responsibility.
Consent to jurisdiction.
7-1101 Citation. This article shall be known and may be cited as the “Drug-Free Workplace Act,” and
references in this article to “the Act” shall refer to this article unless another is clearly indicated. [TCR
96-56, 11-146]
7-1102 Purpose. The Winnebago Tribe of Nebraska is committed to maintaining a safe, healthful and
productive work environment for all employees. To that end, the Winnebago Tribe will attempt to
eliminate the abuse of alcohol, illegal drugs, prescription drugs, or any other substance which could
impair an employee’s ability to perform safely and effectively the functions of any given job. Drug and
alcohol abuse of any nature by employees of the Winnebago Tribe of Nebraska cannot be tolerated. All
employees of the Winnebago Tribe are covered by this statute, regardless of the physical location of the
work place. The purpose of this Act is as follows:
1.
2.
3.
4.
5.
7-1103
1.
2.
3.
To establish and maintain a safe and healthy working environment for all employees;
To ensure the reputation of the Winnebago Tribe of Nebraska employees as good, responsible
employees worthy of public trust;
To reduce the incidents of accidental injury to persons or property;
To reduce absenteeism, tardiness, and indifferent job performance; and
To provide assistance toward rehabilitation for any employee who seeks the Tribe’s help in
overcoming any addiction to, dependence upon, or problem with alcohol or drugs. [TCR 96-56,
11-146]
Definitions. For purposes of the Act, unless the context otherwise requires:
“Alcohol” shall mean any product of distillation of any fermented liquid, whether rectified or
diluted, whatever the origin thereof, syntheticethyl alcohol, spirits, wine and beer, every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer, and alcohol used in the
manufacture of denatured alcohol, flavoring extracts, syrups, or medicinal, mechanical, scientific,
culinary and toilet preparations.
“Alcohol or drug abuse.” For the purposes of this Act, alcohol and drug abuse shall be defined as
an employee’s dependence or addiction of sufficient severity to have the effect of impairing the
performance of his/her official duties or his/her job behavior.
“Applicant” shall mean any person who has applied for employment with an employer as defined
in subsection (12) but who is not an employee.
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4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
“Breath-testing device” shall mean an Intoxilizer model 5000 or other scientific testing equivalent
as approved by and operated in accordance with the Department rules and regulations.
“Breath-testing device operator” shall mean a person who has obtained or been issued a permit
pursuant to the Department rules and regulations.
“Department” shall mean the Nebraska or Iowa Department of Health.
“Department rules and regulations” shall mean the techniques and methods authorized by the
Nebraska or Iowa Department of Health.
“Drug” shall mean any substance, chemical, compound as described, defined or delineated in the
Winnebago Criminal Code, Title III, Section 3-745, incorporating 21 U.S.C. 812, or any
metabolite or conjugated form thereof, except that any substance, chemical or compound
containing any product as defined in subsection (1) of this Section may also be defined as
alcohol. Notwithstanding any provisions of this Act, peyote, or any non-synthetic derivative
thereof, shall not be defined as an illegal drug if its use is in accordance with the practices of the
Native American Church, or in such cases where the possession, use, or transfer is strictly in
accordance with bona fide religious or medicinal purposes of locally recognized members.
“Drug test” or “Drug testing” shall mean any breath, blood, urine, saliva, chemical, skin tissue or
related test conducted for the purpose of detecting the presence of drugs or alcohol, or a substance
which inhibits the detection of such drugs or alcohol in an individual.
“Employee” shall mean any person who received any wage, commission, bonus or other form of
compensation in return for such person’s actions which are intended to directly or indirectly
benefit an employer.
“Employee Assistance Program” (EAP) is defined as the program provided by the Winnebago
Tribe for the benefit of its employees. In addition, the services of designated mental health
professionals are provided to those employees for their assistance with any drug or alcohol
problem.
“Employer” shall mean the Winnebago Tribe and its organization, business and governmental
subdivisions, any governmental entities and any person, association or entity contracting to do
business with the Winnebago Tribe within the exterior boundaries of the reservation of the
Winnebago Tribe of Nebraska.
“Impaired” shall mean the inability of an employee to perform his/her usual and normal work
assignments with normal effectiveness and efficiency.
“Reasonable suspicion” shall mean a belief based on objective facts sufficient to lead a
reasonable, prudent person to suspect that an employee is under the influence of a substance so
that the employee’s ability to perform the functions of the job is impaired or so that the
employee’s ability to perform his/her job safely is reduced. Reasonable suspicion may result
from actual observation of the use or ingestion of a substance by an employee. It may be based
on reliable information that the employee is currently or has recently used or possessed a
controlled substance or open container with alcohol on the job. Reasonable suspicion may result
from an observation of physical symptoms, such as slurred speech, red watery eyes, unsteady
gait, dilated pupils, drowsiness, or actual sleeping on the job. In addition, reasonable suspicion
may result from the observation of behavioral symptoms, such as severe mood swings,
unexplained personality changes, inattention to personal hygiene and frequent accidents.
“Reservation” shall mean all the territory with the exterior boundaries of the Winnebago Indian
Reservation (including Flower’s Island and other Tribal land located east of the Missouri River)
as set forth in the Winnebago Treaty of March 8, 1865 (14 Stat. 671) and the twenty sections
included in the strip purchased in Nebraska for the Wisconsin Winnebago (18 Stat. 170), June 22,
1874 and such lands as may be added thereto by Congress or the Tribe or reaffirmation of the title
of lands through the Courts to the Tribe, except as otherwise provided by law. This definition of
reservation includes all rights-of-way, waterways, streams, lakes, highways, railroad rights-ofway, mineral rights, etc. [TCR 96-56, 11-146]
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7-1104
1.
2.
3.
4.
7-1105
1.
2.
3.
Statement of policy on drugs.
Abuse of drugs by Tribal employees will not be tolerated. Employees of the Winnebago Tribe of
Nebraska shall not:
a.
Report to work impaired by any drug;
b.
Whether or not on or off duty, illegally use, manufacture, possess, sell, or provide to
another any drug.
c.
Misuse or abuse of medically prescribed drugs during working hours on worksite
premises or offsite while on official business.
Notwithstanding Section 7-1104(1)(c), use or possession of medically prescribed drugs or
medications that have been legally prescribed to the employee by a person licensed to do so or
use of peyote for medicinal or religious purposes are not violations of this Act. However, no
prescription medication of any sort shall be brought upon Tribal property by any person other
than the person for whom the medication is prescribed and shall be used only in the manner,
combination and quantity prescribed.
A Tribal employee who is taking any medication, whether prescribed or non-prescribed, which
may interfere with the safe and effective performance of duties or operation of Tribal equipment
is required to advise his/her supervisor of the fact before beginning work. In the event that there
is a question regarding an employee’s ability to safely and effectively perform assigned duties
while using such medication, clearance from a physician shall be required. Failure to advise a
supervisor of the use of any medication which may interfere with the safe and effective
performance of duties or operation of Tribal equipment may result in discipline.
Any employee who is convicted of a violation of any criminal drug or alcohol statute shall notify
the Tribe of the conviction within five calendar days of the conviction. The employee shall enter
and participate in a rehabilitation program through the Employee Assistance Program. [TCR 9656, 11-146]
Statement of policy on alcohol.
Abuse of alcohol by Tribal employees will not be tolerated. Employees of the Winnebago Tribe
of Nebraska shall not:
a.
Report to work impaired by the use of alcohol;
b.
While on duty, use, possess, sell, or provide alcohol to another; and
c.
While on call, use, possess, sell, or provide alcohol to another.
Failure to report such usage, possession, sale or provision of alcohol in the workplace shall result
in termination.
In certain situations, employees are individually placed “on call.” For these employees, “on call”
shall mean those situations where an employee has been specifically and personally notified that
he/she is on stand-by for a specific period of time and subject to being called in for Tribal work
on an emergency basis. Such notification must occur either at the end of an employee’s work
shift before the employee leaves work or eight hours before any call-in would occur.
For the purposes of this Act, an employee whose blood, breath, or urine, when tested contains any
alcohol concentration, is presumptively deemed impaired by the use of alcohol, unless the
employee has properly reported use of medication pursuant to Section 7-1104(3). [TCR 96-56,
11-146]
7-1106 Zero tolerance policy. Abuse of alcohol and drugs by Tribal employees who provide direct
services to clientele, including youth and adults, on a regular basis shall not be tolerated and is subject to
immediate termination. [TCR 96-56]
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7-1107
1.
2.
3.
4.
7-1108
1.
2.
3.
4.
5.
Education and training of employees.
The Winnebago Tribe will develop and implement a Drug-Free Awareness Program to inform its
employees of:
a.
The dangers of drug/alcohol abuse in the workplace;
b.
The Tribe’s policy regarding drug and alcohol use;
c.
The availability of counseling, rehabilitation, etc., through the Tribe’s Employee
Assistance Program; and
d.
The penalties that may be imposed upon employees for substance abuse violations.
In addition, educational activities focusing on stress, substance abuse, and other problem areas
may also be provided. These activities are designed to promote early identification and selfreferral, prevent problems from developing and/or becoming more severe, and enhance the
quality of life.
Employees are encouraged to utilize the programs provided by the Tribe in seeking assistance
with drug/alcohol problems. Employees’ use of these services privately and on their own
initiative will not jeopardize job security, promotional opportunity, and/or reputation. When such
use is private and voluntary, no report of any kind will be made by the Employee Assistance
Program to the Tribe unless the employee freely and willingly chooses.
The Tribe will develop and implement a program of training to assist supervisory personnel in the
recognition of conduct and behavior that gives rise to suspicion that an employee may be a
drug/alcohol abuser. The intent of this training is not to put the supervisor in a position to
diagnose alcohol/drug problems, but simply to make such supervisor sufficiently aware of the
causes and symptoms so that he/she may seek proper referral. Such a training program shall also
inform the supervisor of the Tribe’s Employee Assistance Program and policies, as well as
encourage the supervisor to seek proper consultation with the Employee Assistance Program
when attempting to deal with an employee’s deteriorating job performance. [TCR 96-56, 11-146]
Drug and alcohol testing procedures; reasonable suspicion.
Any time a supervisor has reasonable suspicion to believe that an on-duty employee is impaired
by alcohol or drugs, he/she shall immediately place such employee on special assignment in order
to protect the employee, fellow employees, and the public from harm. The supervisor shall
immediately notify his/her supervisor of such action.
The two supervisors will interview the employee. If both supervisors believe, based upon a
reasonable suspicion, that the employee is impaired by the use of alcohol or drugs, then said
employee will be ordered, pursuant to this Act, to submit to a test of his/her blood, breath or
urine.
In determining whether or not the employee is impaired, the supervisors may consult with their
supervisor, and if not available, the personnel director, and utilize any reasonable means or
procedures available to confirm or disprove such suspicion, such as a breath alcohol pre-test,
sobriety tests, and/or an examination to determine comprehension and motor skills.
A supervisor shall transport the employee to that facility designated by the Tribe for the
performance of drug or alcohol tests. As soon as practicably possible, each supervisor shall
document, in writing, to the Department head the reasons and causes which gave rise to the
reasonable suspicion. Additionally, this documentation shall include a narrative of what steps
were taken by the supervisor(s).
Before a drug or alcohol test is administered, employees will be ordered to sign a consent form
authorizing the test and permitting the release of test results to a designated Employee Assistance
Program official(s). The consent form shall provide space for employees and applicants to
acknowledge that they have been notified of the Tribe’s Drug-Free Workplace Act. The consent
form for drug and alcohol tests shall also set forth the following information:
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a.
b.
c.
7-1109
1.
2.
3.
7-1110
1.
2.
3.
4.
5.
6.
7.
The procedure for confirming an initial positive test result.
The consequences of a confirmed positive test result.
The consequences of refusing to undergo a drug test. [TCR 96-56]
Random drug and alcohol testing.
In addition to testing based upon reasonable suspicion and for pre-employment purposes, random
testing may be conducted and any such testing will be conducted pursuant this Article. The
Person
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