# WINNEBAGO TRIBAL CODE (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Awinnebago%3A3abdb90c43e2d987 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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“ 1 16 11 17 13 16 11 12 1 18 19 6 20 1 13 21 8 1101-1119 801-811 111 Entire Article Repealed 1201-1246 301-345 1201-1246 1501-1513 1301-1319 300, 306, 311-312, 320, 328, 332-333, 349 101-106 1601-1678 1101-1119 1701-1710 1306 1614, 1618, 1643, 1657,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, 1-1 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 1 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] 1-2 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 1 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 1-3 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 1 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] 1-4 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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 3-1 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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 3-2 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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, 3-3 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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] 3-4 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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. 3-5 December 2025 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. 3-6 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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 3-7 December 2025 WINNEBAGO TRIBAL CODE 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. 3-8 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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. 3-9 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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. 3-10 December 2025 WINNEBAGO TRIBAL CODE TITLE 7 ARTICLE 3 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] 3-11 December 2025 WINNEBAGO TRIBAL CODE 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 3-12 December 2025 WINNEBAGO TRIBAL CODE 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] 3-13 December 2025 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, 3-14 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. 9-5 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 mou [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Awinnebago%3A3abdb90c43e2d987. Public record. Not legal advice.