26.11.040 Cruelty to Animals

It shall be unlawful for any person and a Class [3] three offense to purposely or knowingly:

(a) Fail to provide necessary food, care, or shelter for an animal in one's custody;

(b) Leave an animal locked in a vehicle;

(c) Abandon an animal in one's custody;

(d) Kill, torture, injure, or administer poison to an animal without legal license to do so; or

(1) Conviction under this section will result of the confiscation of the cruelly treated animal(s)belonging to the accused, and it shall be proper if convicted, for the court in its discretion to order a final determination of the custody of the confiscated animal(s).

(2) If the animal is to be destroyed, the manner employed will not be unnecessarily cruel and the expense of a veterinarian shall be imposed upon the original owner.

(3) Any person who shall torture or cruelly mistreat any animal, or fail to take proper care of any domesticated animal, shall be guilty of a Class [3] three offense.

(4) A person who is convicted of 26.1104 shall be responsible for the cost of impoundment of an animal(s)and will be responsible for the animal(s) food during impoundment during its confinement.

(5) The Tribal Court shall order, if an animal(s)is impounded under 26.1104, be spayed or neutered, be registered and given rabies vaccinations. The cost of the medical procedures will be paid to the Turtle Mountain Animal Control/Pound if the original owner is found not guilty or a new owner purchases the animal(s).