The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation
Received: 1988
TITLE IX - UTE INDIAN ANIMAL CONTROL CODE
§9-1-1. Purpose.
The purpose
of this Animal Control Code is to provide for the control of domestic
animals other than those kept for livestock purposes; to protect the
health, safety, and welfare of the inhabitants of the Reservation; to
protect the property and livestock of the inhabitants of the Reservation
from damage or disease originating with animals.
§9-1-2. Definitions.
(1) Animal Control Officer shall mean a tribal police officer or other person designated by the Business Committee as such, or an Animal Control Officer of Uintah or Duchesne Counties, State of Utah.
(2) Livestock shall mean domestic animals used or raised on a farm or ranch for resale or personal consumption but shall not include dogs or cats.
§9-1-3. Inoculating of Dogs and Other Animals.
(1) All dogs within the exterior boundaries of the Reservation shall be inoculate against rabies by a licensed Doctor of Veterinary Medicine at least once every 12 months, and all dogs within the exterior boundaries of the Reservation shall, at all times, wear a numbered tag indicating the date of such inoculating. A record of the tag numbers, dates of inoculating, and owner's name and address shall be kept by the Tribe.
(2) The Business Committee may by resolution or ordinance, adopt general or special regulations requiring inoculating of all dogs, cats, livestock and other animals for rabies or any other disease, and may require the tagging of such animals in a manner to be prescribed by such regulations.
§9-1-4. Quarantine of Dogs and Other Animals.
(1) All
dogs within any town or city within the exterior boundaries of the Reservation,
whether inoculate or not as required herein, shall be required to be
kept on the premises of the home or business of the person who owns
or cares for the dog and shall not be allowed outside such premises
or allowed to run free except as specifically provided herein.
(2) The owner or person who cares for a dog on his premises may allow
such dog outside of the premises of his home or business within town
or city limits only upon the following conditions:
(a) The dog is restrained by a leash not longer than 10 feet in length and such restraint is sufficient to effectively prevent such dog from biting, molesting, or otherwise disturbing any other animal or person.
(b) Such dog is confined within a motor vehicle in a manner which prevents his escape from such vehicle, but which does not constitute a cruel restraint of its ability to breath or move.
§9-1-5. Seizure of Animals.
(1) Any dog or other animal upon which inoculating and/or tagging requirements have been imposed found on the Reservation not properly tagged and/or inoculate may be seized by an animal control officer and impounded.
(2) Any dog or other animal upon which quarantine restraints have been placed found running stray off the premises of its owner or otherwise in violation of such restrictions shall be seized by an animal control officer and impounded.
(3) Any animal upon which restrictions have been imposed under this Code or regulations promulgated hereunder may be seized by an animal control officer and impounded for violation of such restrictions.
(4) The
Business Committee may adopt regulations exempting from seizure and
impoundment upon conditions designed to protect the safety and welfare
of the Tribe and the inhabitants of the Reservation, animals being transported
through the Reservation by tourists, common carriers and the like.
(5) Any animal seized under this Code shall be held for a period of
7 days and at the end of such time may be exterminated unless redeemed
by its owner or otherwise placed so as not to be in violation of this
Code. An animal may be redeemed by its owner or other person on behalf
of the owner, by paying a fee of $2.00 per day or any part of a day,
to cover the expense of impoundment.
(6) Extermination of any animal under this Code shall be accomplished by the most humane means possible under the circumstances and may be accomplished by an animal control officer, licensed veterinarian, or designated employee of the U.S. Public Health Service.
§9-1-6. Liability of Owners — Scienter — Dogs Used in
Law Enforcement.
Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous; but neither the Tribe nor any peace officer employed by the Tribe shall be liable in damages for injury committed by a dog when: (1) The dog has been trained to assist in law enforcement, and (2) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the public order.
§9-1-7. Dogs Acting Together — Actions — Parties —
Judgment.
Where any injury has been committed by two or more dogs acting together and such dogs are owned or kept by different persons, all such persons, may be joined as defendants in the same action to recover damages therefor, and the amount found by the court or jury as damages for such injury shall be apportioned among the several defendants found liable and judgment shall be entered severally against them for the amount so apportioned.
§9-1-8. Dangerous Animals.
(1) No person shall keep, own or possess any fierce, dangerous or vicious dog or other animal on the Reservation.
(2) An animal control officer may seize and impound any animal which he reasonably believes to be fierce, dangerous or vicious. Such animal shall not be released from impoundment except upon the consent of the impounding officer, or upon order of a tribal judge upon making a determination, by hearing or otherwise, that no immediate danger to persons or property will result therefrom.
(3) Any dog or other animal, whether inoculated or not, reasonably believed to have bitten any person, shall be seized and impounded for such period of time as a public health officer or physician may direct. A public health officer or physician having reasonable grounds to believe that a dog or other animal has rabies or some other dangerous disease may order the immediate extermination of such animal and such shall be immediately carried out by the animal control officer or some other person in a humane manner.
(4) Any
person shall have the right to immediately destroy any dog or other
animal engaged in the process of injuring or harassing livestock or
other domestic or game animals or threatening or inflicting harm to
any person, or inflicting serious harm to personal or tribal property.
§9-1-9. Animals Which Disturb Neighborhood.
(1) No person shall own, keep or harbor any dog or other animal which by loud, continued or frequent howling, yelping, or barking or by noxious or offensive odors shall unreasonably annoy, disturb, or endanger the health or welfare of any person or neighborhood. Any animal found to be causing a violation of this section may be seized and impounded.
(2) The owner of a female dog, cat or other nonlivestock animal in heat or when in season, shall cause such animal to be penned or enclosed in such a manner as to preclude other animals from attacking such female animal or being attracted to it.
§9-1-10. Criminal
(1) Any
person knowingly violating any of the following described provisions
of this Code shall be guilty of a Class C offense and upon conviction
thereof shall not be imprisoned but may be fined not less than $5.00
nor more than $50.00 for each conviction:
Penalties for Violation of the Animal Control Code.
(a) Failure to tag and/or inoculate an animal as required by §9-1-3.(b) Failure to quarantine or otherwise restrain an animal as required by §9-1-4.
(c) Keeping, owning or possessing a fierce, dangerous, or vicious animal as prohibited by §9-1-8
(d) Violating the provisions of §9-1-9 regarding animals which disturb the neighborhood.
(2) Any person who cruelly injures, destroys, or poisons a dog, cat, or any other animal, except under the conditions authorized in this Title, shall be guilty of a Class C offense.
(3) It shall be a Class C offense for any person to abandon any live animal on the Reservation or to dispose of the carcass of any dead animal except in a place specifically set aside for such purposes by the Tribe and/or the U. S . Public Health Service and/or any political subdivision of the State of Utah.