Subchapter 1 - Dog Protection | Mille Lacs Band of Ojibwe

Section

3001. Definitions.
3002. Registration, Rabies Vaccination Requirement.
3003. Dangerous Dogs.
3004. Confiscation and Disposal of Dangerous Dogs and Other Dogs.
3005. Fines.
3006. Abandoned Dogs; Duty of Officers.
3007. Dog Houses.
3008. Civil Causes of Action.
3009. Jurisdiction.
3010. Sovereign Immunity.
3011. Severability.

§ 3001. Definitions.

The following terms are defined for the purpose of this subchapter:

(a) “Abandoned” means when a dog does not have proper shelter from cold, hot, or inclement weather or not properly fed and watered, or provided with suitable food and water in circumstances that threaten the life of the animal, such as being dumped or dropped off.
(b) “Animal shelter” means a facility, whether organized under the Band or a private entity, that houses, disposes of, and puts up for adoption abandoned, homeless, and lost animals.
(c) “Band” means the Non-Removable Mille Lacs Band of Ojibwe.
(d) “Band Lands” means lands owned by or held in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians, or one or more members of the Mille Lacs Band of Ojibwe Indians, and subject to the jurisdiction of the Mille Lacs Band.
(e) “Bodily injury” means injury to any person that involves physical pain and suffering, scarring or disfigurement, or bone fracture.
(f) “Designated animal welfare agency” means a private entity, such as an animal shelter, rehabilitation center, or rescue center, which assists the Band in removing, rescuing, and finding care and a home for an animal, pet, or service dog.
(g) “Dog” means any animal within the canine family, wild or domesticated.
(h) “Dangerous Dog” means any dog that:
- (1) has without provocation inflicted bodily injury on any person;
- (2) has without provocation killed or seriously injured a domestic animal while outside the dog owner’s property line;
- (3) has been determined to be “potentially dangerous” dog as defined in this Subchapter and, after the dog’s owner is given notice that the dog is “potentially dangerous,” bites, attacks or threatens the safety of humans or other domestic animals; or
- (4) has a contagious or infectious disease that humans or other domestic animals may contract is exposed to that animal.
(i) “Dog Enclosure” means any securely confined house or residence, or a securely enclosed and locked pen or structure suitable to prevent a dog from escaping so as to provide humans or other animals with protection from the dog.
(j) “Owner” means any person(s) possessing, harboring, keeping, having an ownership interest in, or having custody or control of the dog.
(k) “Potentially Dangerous Dog” means any dog that:
- (1) is not registered with the Band’s Department of Public Safety; or
- (2) is not tagged with a current Rabies tag showing vaccination against rabies; or
- (3) when unprovoked, chases or approaches a person on any property in an aggressive manner; or
- (4) has a known propensity or disposition, as indicated by sworn statements from at least two adults, to attack or threaten the safety of humans or domestic animals; or
- (5) is running loose anywhere on Band lands.
(l) “Provocation” means conduct or actions that tend to arouse rage, resentment or fury in another person or animal.
(m) “Tribal Enforcement Officer” means a Band Department of Natural Resources conservation officer, Tribal Police Officer or designated employee within tribal law enforcement, or designated animal welfare agency.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3001.
Band Ordinance 42-22.

§ 3002. Registration, Rabies Vaccination Requirement.

(a) Requirement. All dogs present on Band Lands must be registered with Tribal Law Enforcement and be microchipped within fourteen (14) calendar days after such dog is first present on Band lands.
(b) Issuance of Certificate. The Department of Public Safety shall issue a certificate of registration to the owner and maintain a copy of such certificate of registration.
(c) Rabies Vaccination. All dogs present on Band lands, which are over six (6) months of age, must be vaccinated against rabies each and every year. The owner must show proof of vaccination to the Department of Public Safety at the time they register their dog(s) or bring such proof into the Department of Public Safety office within fourteen (14) calendar days of registration. All dogs on Band lands must be collared and tagged with a current rabies Tag. Owners must show proof of rabies vaccination to the Department of Public Safety on an annual basis or be subject to fines and other penalties as provided in this subchapter.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3002.
Band Ordinance 42-22.

§ 3003. Dangerous Dogs.

A dog may not be declared dangerous based on a threat, injury, or damage sustained by a person who, at the time of such threat, injury, or damage, was:

(a) committing a willful trespass or other unlawful conduct upon the premises occupied by the owner of the dog;
(b) intentionally provoking, tormenting, abusing, or assaulting the dog; or
(c) committing or attempting to commit a crime.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3002.
Band Ordinance 42-22.

§ 3004. Confiscation and Disposal of Dangerous Dogs and Other Dogs.

(a) A tribal enforcement officer may confiscate and take to the nearest animal shelter any dog on Band lands if the officer has reasonable cause to believe:
- (1) the dog is running loose;
- (2) the dog is not being maintained in a proper dog enclosure;
- (3) the dog is outside a proper dog enclosure and is not under the physical restraint of a responsible and able person;
- (4) the dog is not maintained in a proper dog enclosure, the dog is outside the owner’s property line, and the officer has reasonable cause to believe that the dog will commit an aggressive act which is imminent and will be dangerous to the public;
- (5) the dog is noticeably diseased, injured, or maimed; or
- (6) the dog is chasing deer or livestock.
(b) If, in a proceeding in the Court of Central Jurisdiction against the registered owner of a dog confiscated under subsection (a) of this section, it is found by a preponderance of the evidence that the dog is a dangerous dog within the meaning of this subchapter, the Court may order the dog destroyed, order the owner to reimburse the Band for the cost of confiscating, maintaining, and destroying the dog, and may impose a fine not to exceed $500. If, in such a proceeding, the dog is not found to be a dangerous dog, the Court may order the dog returned to the registered owner under appropriate conditions and, if it is found by a preponderance of the evidence that the confiscation was proper under this subchapter, the Court may order the registered owner to reimburse the Band for the cost of confiscating, maintaining, and returning the dog and may impose a fine not to exceed $250.
(c) If there is not registered owner of a dog confiscated under subsection (a) of this section, the dog may be taken to the nearest animal shelter or otherwise disposed of by the tribal enforcement officer.
(d) Posted Signs. Any person subject to the jurisdiction of the Band who keeps a potentially dangerous dog on Band lands must post a “Beware of Dog” sign on the dog enclosure in which the dog is maintained and/or on the property on which the dog is maintained, which sign is clearly visible to the public.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3003.
Band Ordinance 42-22.

§ 3005. Fines.

(a) Any person subject to the jurisdiction of the Band who fails to register a dog with the Department of Public Safety or provide proof of rabies vaccination to the Department of Public Safety as required by this subchapter shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, such person is found guilty of such charge, an order shall be issued and a fine shall be imposed, as follows:
- (1) first offense, an order to register and/or tag the dog(s) shall be issued;
- (2) second offense, an order to register and/or tag the dog(s) shall be issued and a fine in the amount of $50.00 shall be imposed;
- (3) third offense, an order to remove the dog(s) from Band lands shall be issued and a fine in the amount of $100.00 shall be imposed.
(b) Any person subject to the jurisdiction of the Band who fails to post a “Beware of Dog” sign in violation of § 3004(d) of this Chapter shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, such person is found guilty of such charge, an order shall be issued and a fine shall be imposed, as follows:
- (1) first offense, an order to post the sign shall be issued and a fine in the amount of $50.00 shall be imposed;
- (2) second offense, an order to post the sign shall be issued and a fine in the amount of $100.00 shall be imposed;
- (3) third offense, an order to remove the dog(s) from Band lands shall be issued and a fine in the amount of $150.00 shall be imposed.
(c) Liability for Medical Expenses. Any person subject to the jurisdiction of the Band whose dog, while on Band lands, bites any person without provocation and inflicts bodily injury, shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, such person is found guilty of such charge, a fine in the maximum amount of $350.00 shall be imposed and the victim’s medical costs shall be assessed against such person. If, by a preponderance of the evidence, such person is found guilty of a second such charge involving the same dog, a fine in the maximum amount of $700.00 shall be imposed, an order to destroy the dog shall be issued, and the victim’s medical costs and the costs of destroying the dog shall be assessed against such person.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3004.
Band Ordinance 42-22.

§ 3006. Abandoned Dogs; Duty of Officers.

(a) Abandonment. It is unlawful for any person subject to the jurisdiction of the Band to abandon a dog on Band lands. Any person subject to the jurisdiction of the Band found, by a preponderance of the evidence, to have abandoned a dog on Band lands shall be guilty of a civil misdemeanor subject to a minimum fine of $50. Such fine may not exceed $500. Tribal law enforcement shall first issue a verbal warning, a written warning, and then shall issue a fine.
(b) Delivery to shelter. Any tribal enforcement officer or animal control officer may remove, shelter, and care for any animal which is not properly sheltered from cold, hot, or inclement weather or any animal not properly fed and watered, or provided with suitable food and drink in circumstances that threaten the life of the animal, or wandering the roads, parking areas, or other public areas without a collar or visible current rabies tag. When necessary, a tribal enforcement officer or animal control officer may deliver the animal to another person to be sheltered and cared for, and furnished with suitable food and drink. In all cases, the owner, if known, shall be immediately notified as provided in § 3026(c) of this chapter, and the person having possession of the animal, shall have a lien thereon for its actual costs of care and keeping and the expenses of the notice. If the owner or custodian is unknown and cannot by reasonable effort be found, or does not, within ten (10) calendar days after notice, redeem the animal by paying the expenses authorized by this subsection, the animal may be disposed of or released as provided in § 3026 of this chapter.
(c) Disposal of animals. Upon a proper determination by a licensed veterinarian, any animal taken into custody pursuant to subsection (b) may be immediately disposed of when the animal is suffering and is beyond cure through reasonable care and treatment. The expenses of disposal shall be subject to the provisions of § 3025 of this chapter.
(d) Expenses. The expenses of the delivery to an animal shelter, any and all animal shelter costs, including the fee of the licensed veterinarian, the expenses of keeping or disposing of any animal taken into custody pursuant to this section, and all other expenses reasonably incident to the section shall be paid from the general fund, as appropriated by the Band Assembly. If the person alleged to have violated this section is found guilty of the violation, the Band, animal shelter, or designated animal welfare agency shall have judgment against the guilty person for the amount of the expenses.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3005.
Band Ordinance 42-22.

§ 3007. Dog Houses.

(a) In general. A person in charge or control of any dog which is kept outdoors or in an unheated enclosure shall, at a minimum, provide the dog with shelter and bedding.
(b) Shelter specifications. The shelter shall include a moisture-proof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable material with a solid, moisture-proof floor or a floor raised at least two inches from the ground. Between November 1 and March 31, the structure must have a windbreak at the entrance. The structure shall be provided with a sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat.
(c) Shade. Shade from the direct rays of the sun, during the months of May to October shall be provided.
(d) Farm dogs. In lieu of the requirements of subsections (b) and (c), a dog kept on a farm may be provided with access to a barn with a sufficient quantity of loose hay or bedding to protect against cold and dampness.
(e) Zoning. All shelters required by this section shall be subject to all building or zoning regulations of the Band and any city, township, county, or state, if applicable.
(f) Penalty. Whoever violates the provisions of this section is guilty of a petty misdemeanor.

Historical and Statutory Notes

Source:
Band Ordinance 42-22.

§ 3008. Civil Causes of Action.

Nothing in this subchapter shall prevent an individual from pursuing a civil cause of action for injuries sustained from a dog bite or attack.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3006.
Band Ordinance 42-22.

§ 3009. Jurisdiction.

The Court of Central Jurisdiction shall have jurisdiction over all actions pertaining to this subchapter.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3007.
Band Ordinance 42-22.

§ 3010. Sovereign Immunity.

Nothing in this subchapter shall be construed as a waiver of sovereign immunity of the Band.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3008.
Band Ordinance 42-22.

§ 3011. Severability.

If the Court of Central Jurisdiction adjudges any provision of this subchapter to be invalid, such judgment shall not affect any other provisions of this subchapter not specifically included in the judgment.

Historical and Statutory Notes

Source:
Band Ordinance 28-03, § 3009.
Band Ordinance 42-22.