CHAPTER 20-2
ANIMAL CONTROL AND REGULATION
General Provisions.
20-2-1 Definitions.
For the purpose of this Chapter, the following words and phrases are defined as follows:
(A) Abandon. “Abandon” includes the leaving of a dog by its owner or other person responsible for its care or custody without making effective provisions for its proper care.
(B) At-Large. “At-Large means to be outside of a fence, other enclosure or appropriate restraint which restrains the dog to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the dog. Dogs tethered to a stationary object within range of public thoroughfares are deemed to be at-large.
(C) Bite. “Bite” means any actual or suspected abrasion, scratch, puncture, tear, bruise, or piercing of the skin, caused by any dog, which is actually or suspected of being contaminated or inoculated with saliva from the dog, directly or indirectly, regardless of the health of the dog causing such bite.
(D) Dangerous or Vicious Dog. “Dangerous or Vicious Dog” means any dog deemed to be dangerous or vicious under this act.
(E) Dog. “Dog” means any member of the species Canis Familiaris, regardless of sex.
(F) Harborer. “Harborer means any person who shall allow any dog to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premises where he or she resides or controls.
(G) Immediate Control. “Immediate Control” means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.
(H) Kennel. “Kennel” means any establishment, commercial or otherwise, maintained for breeding, rearing, grooming, boarding, or otherwise harboring in an enclosure in one location only, more than 10 dogs.
(I) Nation. “Nation” means the Prairie Band Potawatomi Nation.
(J) Owner. “Owner” means the one who owns a dog, or his or her employee, agent, or other competent person into whose charge a dog has been placed by the actual owner.
(K) Reservation. “Reservation” means the Prairie Band Potawatomi Indian Reservation. For the purpose of this Title, the term Reservation shall be as defined in Article I of the Prairie Band Potawatomi Nation’s Constitution.
(L) Reservation Housing Area. “Reservation Housing Area or Housing Area” means any land within the exterior boundaries of the three tribal housing cluster areas or any other land areas having comparable or greater residential housing density.
(M) Vaccination. “Vaccination” means an injection of a vaccine, approved by the Health Center and administered by competent authority for the purpose of immunizing a dog against rabies.
(N) Veterinarian. “Veterinarian” means a doctor of Veterinary Medicine appropriately licensed by competent authority.
(Amended by PBP TC No. 99-103, July 7, 1999.)
20-2-2 Animal Control Officer, Duty to Impound, Citation Alternative.
(A) In the absence of a duly appointed Animal Control Officer, the Nation’s Chief of Police or other competent authority shall be charged with the enforcement of this chapter. Law Enforcement Personnel and any person employed by the Nation as an Animal Control Officer shall have the powers and authority as allowed by law in the enforcement of this chapter. In addition to the Animal Control Officer, the Nation may also employ assistant Animal Control Officers, who shall have the powers and authority to enforce this chapter. All Animal Control Officers shall be appointed by the Tribal Chief of Police, subject to Tribal Council approval, and shall be subject to the supervision and direction of the Tribal Chief of Police.
(B) Except as proved in subsection (C), it shall be the duty of the Animal Control Officer to take up, impound or, after the completion of any attempts required under this law to contact or notify the owner and to give the owner the opportunity to reclaim the dog, destroy all dogs found upon the Prairie Band Potawatomi Reservation, which are in violation of the provisions of this chapter.
(C) As an alternative to the provisions of subsection (B) of this section, any Law Enforcement Officer or the Animal Control Officer may issue a citation to the owner, harborer or keeper of a dog in violation of this chapter, and the person receiving the citation shall appear in the Tribal Court to answer the charged violation of this chapter. In lieu of a citation and at the discretion of the Officer, for the first offense a warning ticket may be issued with instructions for how the offender may avoid further violations of this law. This warning ticket is not required and shall not be a prerequisite for the issuance of a citation.
(Amended by PBP TC No. 99-67, May 12, 1999; amended by PBP TC No. 99-103, July 7, 1999)
20-2-3 Capture and Destruction.
When deemed necessary by Law Enforcement Officers or the Animal Control Officer for the health, safety and welfare of the residents of the Prairie Band Potawatomi Reservation, such Officers or their Agents may:
(A) Place a humane trap on public property or a requesting resident’s property for the purpose of capturing any dog which is creating a nuisance.
(B) Use any tranquilizer guns, humane traps, or other suitable devices to subdue and capture any dog that is deemed by the Animal Control Officer, in his or her discretion, to be a danger to itself or to the public health and safety.
(C) Use firearms or other suitable weapons to destroy any rabid dog, any vicious dog or any dog creating a nuisance as defined, where such dog is impossible or impractical to capture. The Animal Control Officer shall exercise authority under this subsection with restraint. If possible or practical, attempts shall first be made to capture the dog unharmed.
(Amended by PBP TC No. 99-103, July 7, 1999)
20-2-4 Right of Entry, Unlawful Interference.
(A) The Animal Control Officer or any Law Enforcement Officer shall have the right of entry upon any private unenclosed lots or lands for the purpose of collecting any dog whose presence thereupon is a violation of this chapter. Actions taken by them to enter upon such private property shall be respectful of the privacy of persons living there and shall be conducted in ways that help to minimize the intrusion upon their privacy.
(B) It shall be unlawful for any person to interfere with any tribal agent in the exercise of his or her duties under this chapter.
(Amended by PBP TC No. 99-67, May 12, 1999)
20-2-5 Noisy Animals.
The keeping, or harboring of any dog which by loud, frequent and habitually barking, howling, and yelping, disturbs the peace of any neighborhood is hereby prohibited. It shall be the duty of the person harboring or keeping such loud and noisy dog or dogs to abate the condition, and if he or she fails to do so, the Nation may abate it by taking up, impounding or, after notice and an opportunity for a hearing in Tribal Court, destroying the dog at the expense of the owner.
(Amended by PBP TC No. 99-103, July 7, 1999)
20-2-6 Nuisance, Animal Activities Prohibited.
(A) It shall be unlawful for the owner of any dog to keep or maintain such dog within the Reservation so as to constitute a nuisance. For the purpose of this section, nuisance is defined as any dog which is described in any one of the following:
(1) Molests or interferes with persons in the public right-of-way.
(2) Attacks or injures persons, or other domestic animals.
(3) Damages public or private property other than that of its owner or harborer by its activities or with its excrement.
(4) Scatters refuse that is bagged or otherwise contained.
(5) Causes any condition which threatens or endangers the health or well being of persons or other animals.
(B) If a summons is issued charging a violation of this provision, a subpoena shall also be issued to the complainant to testify to the nuisance under oath.
20-2-7 Death of Dogs.
All dead dogs shall be disposed of by the owner or keepers within 24 hours of the dog’s death by burial, incineration in a facility approved by the Animal Control Officer, by rendering or by other lawful means approved by the Animal Control Officer. No dead dog shall be dumped on any public or private property.
(Amended by PBP TC No. 99-67, May 12, 1999)
20-2-8 Vicious Dogs.
(A) It shall be unlawful for any person to keep, possess or harbor a vicious dog on the Reservation. Impoundment or destruction of dogs whose owners have been cited for violation of this section shall be at the discretion of the Nation. If the dog presents a clear and present danger to the public health or safety, its shall be the duty of the Animal Control Officer or Law Enforcement to impound or destroy such dog.
(B) For the purpose of this chapter, a vicious dog shall include any of the following:
(1) Any dog with a known propensity, tendency or disposition to attack unprovoked with the obvious and immanent intention and ability to cause injury or to otherwise endanger the safety of human beings or domestic animals.
(2) Any dog which attacks a human being or domestic animal without provocation.
(3) Any dog owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
(4) Any dog which is urged by its owner or harbored to attack, or whose owner or harborer threatens to provoke such animal to attack any Law Enforcement Officer while such officer is engaged in the performance of official duty.
(C) Complaint. Whenever a sworn complaint is filed in the Tribal Court against the owner of a dog alleging that such dog is vicious and in violation of this section, the Tribal Court Judge shall hold a hearing to determine whether or not the dog is vicious and there is a violation of this section. The owner of the dog shall be notified in writing of the time and place of the hearing at least one week prior to the hearing. In making a determination, the Tribal Court Judge shall consider the following:
(1) The seriousness of the attack or bite.
(2) Past history of attacks or bites.
(3) Likelihood of attacks or bites in the future.
(4) The condition and circumstances under which the dog is kept or confined.
(5) Other factors which may reasonably relate to the determination of whether or not the dog is vicious.
(D) The Tribal Court Judge shall order the impoundment, the muzzling, or the confinement of the dog accused of being in violation of this section in a manner and location that will insure that it is no threat to persons or other animals pending the outcome of the hearing. If such impoundment, muzzling or otherwise safe confinement is not possible or if prior court orders to restrain such dog have gone unheeded, the judge may order the dog immediately destroyed.
(E) Vicious Dogs to be muzzled. It shall be the duty of every owner, keeper or harborer of any dog within the Reservation, which dog is vicious or has been known to bite, chase, or run after any person or animal in the streets, alleys, or any public place within the Reservation, to keep the same muzzled with a good and sufficient wire or leather muzzle, securely fastened so as to wholly prevent such dog from biting any animal or person until such time as a determination has been made by the court as to whether the dog is vicious or not. Any person owning, keeping or harboring any dog within the Reservation contrary to this section shall be guilty of a violation of this code.
(F) Immediate Destruction. Nothing in this chapter shall be construed to prevent the Animal Control Officer or any Law Enforcement Officer from taking whatever action is reasonably necessary to protect himself or herself or members of the public from injury or danger, including immediate destruction of any vicious dog without notice to the owner.
(G) Release. If a complaint has been filed in the Tribal Court against the owner of an impounded dog for a charge under this section, the dog shall not be released except on the order of the Tribal Court Judge, who may also direct the owner to pay all impounding fees in addition to any penalties for violation of this chapter. The Judge may, upon making a finding that a dog is vicious, order the dog destroyed. Surrender of a dog by the owner thereof to the Animal Control Officer or Law Enforcement Officer does not relieve or render the owner immune from the decision of the court, nor to the fees and fines which may result from a violation of this section.
(Amended by PBP TC No. 99-67, May 12, 1999; amended by PBP TC No. 99-103, July 7, 1999)
20-2-9 Running at Large.
It shall be unlawful for any person to willfully allow any dog under his or her control to be or to run at large in any reservation housing area. Any dog that runs at large in a housing area shall be impounded or, after the completion of any attempts required under this law to contact or notify the owner and to give the owner the opportunity to reclaim the dog, destroyed.
(Amended by PBP TC No. 99-103, July 7, 1999)
20-2-10 Impoundment of Rabies Suspects.
(A) Any Law Enforcement Officer or Animal Control Officer may take up, upon private or public property, any dog which has bitten or scratched a person or other animal and impound the dog in the Tribal Pound, securely penned and separated from other animals, or in a Veterinary Hospital or Animal Care Facility for a period of not more than 30 days during which time the local health officer shall determine whether or not such dog is suffering from a disease and, if not, the local health officer shall authorize the release of the animal upon payment by the owner of the boarding fee therefore. The health officer may authorize the keeping of any such dog on the owner’s premises if the owner produces a rabies vaccination certificate showing that the dog has valid rabies vaccination protection. Impoundment costs shall be borne by the owner. If in the opinion of the local health officer symptoms develop justifying a microscopic examination, then the dog shall be killed and examination made by the appropriate authority.
(B) In lieu of the provisions of subsection (A), the owner of such dog may, at his or her own expense, take such dog to any duly qualified and licensed veterinarian for observation. Such veterinarian shall report his or her findings in writing to the local health officer. If in the opinion of such veterinarian a microscopic examination is justified, then the dog shall be turned over to the Animal Control Officer or any Law Enforcement Officer to be killed and examination made by the appropriate authority.
(C) Any dog desired for observation by the local health officer under this section shall be delivered to the Animal Control Officer or any Law Enforcement Officer upon demand and shall not be withheld, hidden or harbored. Any person violating this provision shall be guilty of a violation of this code. Upon refusal of any person to so deliver such dog, the Tribal Court Judge shall cause a warrant to be issued for the arrest of such person, which warrant shall also provide for the surrender of the dog and shall be lawful authority for the apprehending and forcible taking of such dog.
(Amended by PBP TC No. 2023-276, September 21, 2023)
20-2-11 Animals Bitten by Rabid Animals.
(A) Whenever a dog or other animal is bitten by a rabid dog or animal later proved to have been rabid, it shall be the duty of the owner of the dog or animal that is bitten, to report that fact to the local health officer, the Animal Control Officer or Law Enforcement. It shall also be the duty of the owner of the bitten animal to either destroy or have his or her bitten animal destroyed unless the animal which was bitten had been vaccinated against rabies at least three weeks before being bitten and has a current vaccination.
(B) If the bitten animal has a current vaccination, it shall be confined for 30 days. The bitten animal shall be released from confinement only upon written order from the local health officer, who declares the animal to be free of rabies. If the animal is found to have contracted rabies during confinement, it shall be properly disposed of.
(Amended by PBP TC No. 99-67, May 12, 1999)
20-2-12 Registration and Vaccination Required, Fee.
(A) Every owner of any dog over three months of age shall annually register with the Tribal Police his or her name and address with the name, sex and description of each dog owned and kept within the Reservation. It shall be unlawful for the owner of any newly acquired dog or any dog brought within the boundaries of the Reservation to fail to register such dog within 30 days from acquisition or bringing the dog within the Reservation. It shall be unlawful for the owner of any previously registered dog to fail to maintain current registration of such dog.
(B) Upon registration, the owner shall present a current, completed certificate of immunization against rabies. No registration shall follow without evidence of this document, and it shall be unlawful for the owner of any dog over six months of age to fail to maintain effective rabies immunization of such dog.
(C) The owner or harborer of any dog shall, at the time of registering such dog, present to the Tribal Police a certificate from an accredited veterinarian showing that a male dog has been neutered or a female dog has been spayed, if the dog has been neutered or spayed.
(D) The Tribal Police shall collect an annual registration fee of $6.00 for each neutered male dog and for each spayed female dog, and $12.00 for each unneutered male dog and for each unspayed female dog.
(E) The registration year shall be from January 1st through December 31st of each year. The fee shall be payable before January 31st of each year without penalty. Registration fees as enumerated above may be prorated for newly acquired dogs or for dogs owned by a person or persons moving to and establishing a home within th
e Reservation during a calendar. Every owner or harborer of a dog or dogs who shall fail to register the same prior to the 1st day of March of each year shall pay in addition to the registration fee herein provided a penalty fee for late registration of $2.00 per month.
20-2-13 Dog Tags.
(A) It shall be the duty of the Tribal Police or designated representative, upon a showing of current rabies immunization and receipt of the registration fee hereinbefore required, to keep in a book suitable for the registration of dogs, the time of the registration, the name of the owner or keeper, the number of the registration and the amount paid therefore, and shall deliver to the owner or keeper of the dog a certificate in writing, stating that the person has registered the dog and the number by which the dog is registered, and shall also deliver to the owner or keeper of the dog a tag with the registration number and the registration year thereon, which shall be, by the owner or keeper, attached to the collar to be used on the dog so registered. When any tag has become lost during a registration period, the owner of the dog may request a duplicate tag for the remainder of the registration period. When so requested, the Tribal Police shall, upon presentation of the registration certificate, issue a duplicate of such tag. It shall be unlawful for any person to take off or remove the Tribal registration Tag from any dog belonging to another, or remove the strap or collar on which the same is fastened.
(B) It shall be unlawful for any person to place on any dog a tag issued for any other dog or to make use of any false, forged or counterfeit tag or imitation thereof.
20-2-14 Evidence of Vaccination.
It shall be unlawful for the owner of any dog kept within the Reservation to fail to display a current certificate of immunization against rabies issue by an accredited veterinarian or other competent authority evidencing the vaccination of such dog within two years, when requested by the Animal Control Officer or any Law Enforcement Officer.
20-2-15 Visiting Dogs.
The provisions of this chapter with respect to registration shall not apply to any dog owned by any person visiting or temporarily remaining within the Reservation for less than 30 days. However, such dogs shall be kept under restraint by the owner thereof at all times.
(Amended by PBP TC No. 99-103, July 7, 1999)
20-2-16 Running at Large, Fine, Hunting Dogs.
(A) It shall be unlawful for the owner or harborer of any dog to permit such dog to run at large within a reservation housing area at any time.
(B) Any dog which runs at large within a housing area shall be impounded or, after the completion of any attempts required under this law to contact or notify the owner and to give the owner the opportunity to reclaim the dog, destroyed.
(C) The owner of any dog impounded for running at large without a tag shall, for the first offense, pay a fine of $25.00 plus the boarding bill.
(D) For the first offense of a dog running at large with a tag as required, the owner or harborer claiming such dog, shall, in addition to presenting a registration receipt, pay the cost of the boarding bill. For a second offense within a one year period, the owner or harborer shall pay a fine of $25.00 plus the board bill. For a third and all subsequent offenses within a one year period, the owner or harborer shall pay a fine of $50.00 plus the cost of the board bill.
(E) Dogs actively involved in supervised seasonal or religious hunting activities will not be considered to be dogs at large.
(Amended by PBP TC No. 99-103, July 7, 1999)
20-2-17 Impoundment, Record, Notice, Redemption, and Minimum Fee.
(A) Any dog found in violation of the provisions of this chapter shall be subject to impoundment by the Nation.
(B) A record of all dogs impounded or destroyed shall be kept by the Nation containing the following information: color, sex, weight, height, identifying marks, registration number (if any) and the date of impoundment or destruction.
(C) If the dog impounded has a current registration tag attached to its collar or if the impounding officer knows the identity of the dog’s owner, the owner of such dog, as shown by the records of the Tribal Police shall be notified in writing as soon as possible or at least 24 hours before such dog is disposed by destruction or sale. If, at the end of 30 days the Tribal Police have been unable to locate the owner, or the owner, upon having been located, refuses to claim or redeem said dog, then the dog may be sold, euthanized or otherwise disposed of.
(D) If the dog impounded has no current registration tag and the identity of the dog’s owner is unknown to the Animal Control Officer or the impounding Law Enforcement Officer then such impounding officer shall, upon taking any such dog into custody and impounding same, make a record thereof, with a description of the dog and the date and place taken into custody and the place of impounding. The Officer shall thereupon immediately post a public notice and shall also publish such notice in a newspaper suitable for legal notices for two consecutive weeks at the owner’s expense. The notice shall state that the dog, describing the same with the date and place of taking, has been taken up, and that unless the charges of impounding the same, together with any license or other fees due and unpaid, are paid within three business days from the date of the last published notice, that the dog will be disposed of, as provided in this code. If within three full business days the owner does not appear to claim the dog, then the dog may be sold, euthanized or otherwise disposed of.
(E) If at any time before the sale or destruction of any dog impounded under the provisions of this code, the owner of an impounded dog does appear and redeem the dog, it shall be turned over to the person claiming it upon payment of any impoundment fees or penalties plus the actual cost of impoundment, and upon compliance with the registration provisions of this code. This subsection shall not apply to any dog alleged as being viscous or suspected of rabies.
(F) The minimum daily impoundment fee shall be set by the Animal Control Officer.
(G) Any dog impounded may not be released without a current rabies vaccination.
(H) Impoundment hereunder shall not preclude any court from imposing and executing any fine which might otherwise be levied under this code for violation of any of the provisions thereof nor shall impoundment be a defense in any prosecution commenced hereunder.
(Amended by PBP TC No. 99-67, May 12, 1999; amended by PBP TC No. 99-103, July 7, 1999)
20-2-18 Disposition of Unclaimed Dogs.
If any dog is not redeemed by its owner or harborer within the time allowed for redemption as specified thereof, the Animal Control Officer, any authorized Law Enforcement Officer, any Authorized Veterinarian or any Duly Authorized Pound Personnel may destroy such dog or sell the same for the costs of impoundment and keeping, plus any registration fee due for the current year, or put the dog up for adoption at no cost.
20-2-19 Confinement of Dogs in Heat.
Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building or secure enclosure, and the area of enclosure shall be so constructed that no other dog or dogs may gain voluntary access to the confined dog except for purposes of planned breeding. Any dog that is in the state of estrus (heat) and that is not properly confined, or any such dog that is creating a neighborhood nuisance, shall be removed to a boarding kennel, to a veterinary hospital or to the animal shelter. All expenses incurred as a result of the confinement shall be paid by the owner. The owner of dogs removed to the shelter shall be charged at the rate established from time to time by the shelter for routine confinement.
20-2-20 Muzzling.
Whenever the Tribal Chairperson shall deem it necessary for the protection and welfare of the inhabitants of the Nation, he or she shall issue an order requiring all dogs kept within the Reservation to be effectively muzzled for such length of time as may be specified in the order, to prevent them from biting or injuring persons or animals. Such order shall be published in a public place for such period of time as the Chairperson may deem necessary.
(Amended by PBP TC No. 2023-276, September 21, 2023)
20-2-21 Violations and Penalties.
Any person violating or permitting the violation of any provision of this code shall, upon conviction in Tribal Court, be fined a sum of not more than $500.00. In addition to the fine imposed, the court may sentence the defendant to imprisonment in the Tribal Jail for a period not to exceed 10 days. The court may order the registration of the offending dog revoked and the dog removed from the Reservation. In the event the defendant refuses to remove the dog from the Reservation the Tribal Court judge shall find the person in contempt and order the immediate confiscation, impoundment or destruction of the dog. Each day that a violation of this code continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this code shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this code.
(Amended by PBP TC No. 2023-276, September 21, 2023. Formerly 20-2-29)
20-2-22 Exceptions.
(A) Dogs which are used by the Tribal Police Department or other law enforcement agencies to assist in law enforcement shall be exempt from the application of this chapter with regard to actions taken by them to attack, restrain or track in the regular course of their law enforcement activities.
(B) Dogs which are held in commercial kennels in the ordinary course of business for sale to the public shall not be subject to licensing under this law until such time as they are removed from the kennel.
(Enacted by PBP TC No. 99-63, April 29,1999; amended by PBP TC 99-67, May 12, 1999; amended by PBP TC No. 99-103, July 7, 1999; amended by PBP TC No. 2023-276, September 21, 2023. Formerly 20-2-30)