35.07.050 Definitions

(a) Animal defined. "ANIMAL" means any living animal, other than humans.

(b) Animal Control Department defined. "ANIMAL CONTROL DEPARTMENT" means the department established by the TMBCI Tribal Council to enforce these Chapters 35.07 to 35.15 and shall be part of the Department of Natural Resources and subject to the Director's supervision, as listed in Title 35.

(d) Animal Shelter defined. "ANIMAL SHELTER" means any tribally approved facility operated by the Animal Control Department or its contractors or agents for the purpose of impounding or caring for animals found running at large in violation and being held under the authority of these Chapters 35.07 to 35.15 and Code and any other applicable Tribal law.

(e) At Large defined. Any dog or animal shall be deemed to be at large when it is off the property of its owner and not under restraint by a competent person.

(f) Cat defined. An animal which is a small domesticated carnivore, Felis catus, bred in a number of varieties.

(g) Dangerous Animal or Dog defined:

(1) Any individual animal or dog, having without provocation and off of the owner's property, which when either unmuzzled, unleashed, or unattended by its owner or custodian, in a vicious or terrorizing manner, chases, confronts, or approaches any person in an apparent attitude of attack upon roadways, streets, sidewalks, private property of others, or any public grounds or places in such a fashion that would put an average person in fear of attack;

(2) Having been trained for fighting or attack and is being handled, kept or maintained in manner that causes or should cause an owner to know that it potentially poses a threat to public health and safety; or

(3) Presenting an unacceptably high risk of serious injury, even before causing harm; or

(4) Having acted in any manner that causes or should cause an owner to know that the animal is a threat to public health and safety.

(5) Has attacked or killed other animals or livestock outside of the boundary of the residence the animal's owner.

(6) any individual animal or dog which, when unprovoked, on two separate occasions within a 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or custodian of the dog.

(7) any individual animal or dog, which, when unprovoked, bites a person or otherwise engages in aggressive behavior causing injury.

(8) any individual dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal off the property of the owner or custodian of the animal or dog.

(h) Dangerous or Vicious Dog/Animal pen/kennel defined. A structure that is constructed with secure sides and a secure top attached to the sides. All structures used to confine dangerous animals or dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two (2) feet, or have cinder block or fencing on the interior edges to prevent the animal from digging out. The interior area of the structure must be five (5) foot by ten (10) foot for a total of fifty (5O) square feet. It must contain within the interior a four-sided shelter with a floor or insulation break from the ground and protects against wind and rain. The shelter (house) must be large enough for the animal or dog to enter and lie down without having to contort or bend its neck in order to sleep.

(i) Dangerous or Vicious animals defined.

(1) Any animal which, because of their poisonous bite or sting, their size, or their propensity to viciousness or aggressiveness would constitute a hazard or threat to the safety of the TMBCI community;

(2) Any animal, when unprovoked, inflicts bite(s) on any human or do􀀪estic animal either on private or public property;

(3) Any animal that has a documented history with the TMBCI Animal Control Department or the BIA/TMBCI law enforcement of biting or attacking any human or domestic animal;

(4) Any animal that has a known propensity, tendency, or disposition to attack, to cause injury, or otherwise threaten or endanger the safety of humans or domestic animals; or

(5) Any animal that is not properly vaccinated.

(j) Dog defined. "DOG" shall mean an animal which is a domesticated canid, Canis familiaris, bred in many varieties. Does not include hybrids which include Canis lupus (wolf) and other wild canids and are three (3) months of age and over.

(k) Dog pen/kennel defined. A structure for the purpose of keeping and caring for dogs. The interior area of the structure must be a minimum of five (5) feet by ten (10) feet equaling a total of fifty (5O) square feet. The structure must contain within its interior a four-sided shelter (house) for the animal with a floor or insulation break from the ground protects against wind and rain. The shelter (house) must be large enough for the dog to enter and lie down without having to contort or bend its neck in order to sleep.

(l) Livestock defined. "LIVESTOCK" means an animal commonly raised on a farm including, but not limited to; cattle, horses, sheep, goats, swine, mules or burros or other domesticated animals other than cats or dogs.

(m) Owner defined. "OWNER" means any Indian or Non-Indian having a right to property in, or who keeps or harbors, or who has in his or her care, or acts as custodian, or who knowingly permits a dog or animal to remain on or about any premises occupied by him or her.

(n) Poultry defined. "Poultry" means farm-raised birds, such as the following:

Chickens;
Turkeys;
Ducks;
Geese;
Guinea fowl.

(o) Production Method defined. "PRODUCTION METHOD" means how the animals are being raised.

(p) Rabies Vaccination defined. "RABIES VACCINATION" shall mean the injection subcutaneously or otherwise of canine antirabic vaccine approved by the North Dakota State Department of agriculture or by the Department of Health, Education and Welfare, Public Health Service, received from a licensed veterinarian or at a public clinic which may be established for this purpose by the Turtle Mountain Tribal Council and approved by the Service Unit Director, United States Public Health Service, Division of Indian Health, Belcourt, North Dakota.

(q) Restrained defined. An animal or dog is under restraint within the meaning of these Chapters 35.07 to 35.15 if it is controlled by at least a "heel" command beside a competent person, and obedient to that person's voice command, or within the property limits of the owner or keeper.

(r) Service Unit Director defined. "SERVICE UNIT DIRECTOR" shall mean the Medical Officer in Charge of the United States Public Health Service, Division of Indian Health, Belcourt, North Dakota.

(s) Shelter defined. "SHELTER" means any man-made structure or natural feature that provides protection from the elements, such as a barn, shed, or lean-to and trees, bushes, or topographical features.

(t) Stray/Unclaimed defined. "STRAY" or "UNCLAIMED" shall mean any dog or animal not having a known owner or custodian.

(u) Vicious Dog defined.

(1) Any dog that engages in or has been found to have been trained to engage in exhibitions of fighting.

(2) Any individual dog that when unprovoked inflicts bites, attacks or otherwise inflicts injury on a human being or other animal either on public or private property.

(3) Any individual dog with a known propensity, tendency or disposition to attack without provocation, to cause injury or to otherwise endanger the safety of human beings or domestic animals.

(4) Any individual dog that has a trait or characteristic and a generally known reputation for viciousness, dangerousness or unprovoked attacks upon human beings or other animals, unless handled in a particular manner or with special equipment.

(5) Any individual dog which attacks a human being or domestic animal without provocation.

(6) Any individual dog previously determined to be and currently listed as a “dangerous dog” which, after its owner has been notified of this determination, continues the behavior described in the "dangerous dog" definition of this Chapter and this section.

(7) No dog shall be deemed “vicious” if it bites, attacks, or menaces a trespasser on the property of its owner or harms or menaces anyone who has tormented or abused it or is a professionally trained dog for law enforcement or guard duties. Vicious dogs shall not be classified in a manner that is specific as to a breed.

(v) Under Control defined. "UNDER CONTROL" means that the owner, by means of a fencing, leash or other means, restrains the animal to the owner's premises or immediate proximity, preventing the animal from trespassing upon property or annoying or chasing other persons, animals, or vehicles, of any sort.