Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

3.03.020 Definitions

Animal Control Office means the agency or department of the Saint Regis Mohawk Tribe or any designated representative thereof charged with administering the issuance of permits and licenses under the provisions of this chapter.

Animal means any animal, dog, cat, farm animal, reptile, etc., whether domesticated or wild, that is owned, harbored or living on the Saint Regis Mohawk Reservation.

At-large means an animal shall be deemed to be at large when off the property of the owner and/or not under restraint or control of the owner.

Court of Appeals means the appellate level of the Saint Regis Mohawk Tribal Courts.

"Dangerous" animal means any animal that without justification attacks a person or domestic animal causing physical injury or death, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat, serious injury, or death to one or more persons or domestic animals.

"Dangerous dog collar" means a collar which consists of red stripes alternatively spaced with yellow stripes set diagonal to the rim of the collar at an angle, and at least one of the 2 colors reflects light in the dark.

Exotic Animal means any animal that is not normally domesticated in Akwesasne or is wild by nature. Exotic animals include but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified:

1. Non-human primates and prosimians (monkeys, chimpanzees, baboons)

2. Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars, not domesticated cats)

3. Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs)

4. Ursidae (all bears)

5. Reptilia (all venomous snakes, all constricting snakes)

6. Crocodilia (alligators, crocodiles)

7. Proboscidae (elephants)

8. Hyanenidae (hyenas)

9. Artiodatyla (hippotamuses, giraffes, camels, not cattle or swine or sheep or goats)

10. Procyonidae (raccoons, coatis)

11. Marsupialia (kangaroos, oppossums)

12. Perissodactylea (rhinoceroses , tapirs, not horses or donkeys or mules)

13. Edentara (anteaters, sloths, armadillos)

14. Viverridae (mongooses, civets, and genets)

Humane Manner means the care of an animal shall include, but is not limited to, adequate shelter, shade, heat, ventilation, sanitary shelter, wholesome food, and a fresh and adequate source of water, consistent with the normal requirements and feedings habits of the animal's size, species, and breed.

Kennel means an establishment kept for the purpose of breeding, selling, or boarding animals or engaged in training animals.

Neutered or spayed means an animal rendered permanently incapable of reproduction.

Nuisance means an animal shall be considered a nuisance if (1) it is at large, damages, soils, defiles, or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; (2) causes unsanitary, "dangerous," or offensive conditions; causes a disturbance by excessive barking or other noise making; or (3) chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property.

Owner means a person having the right of property or custody of an animal or who keeps or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by that person.

Physical Injury means impairment of physical condition or substantial pain.

Pound means a facility designated or recognized by the Saint Regis Mohawk Tribe for the purpose of impounding and caring for animals.

Restraint means an animal shall be considered under restraint if it is fenced within the real property limits of its owner or secured by a leash or lead or under the control of an owner or a responsible person designated by the owner.

Saint Regis Mohawk Reservation means both the Saint Regis Mohawk Indian Tribe Reservation as established by the 1796 Treaty with the Seven Nations of Canada (7 Stat. 55) and any other lands over which the Tribe exercises jurisdiction now or in the future.

Serious Physical Injury means physical injury which creates a substantial risk of death, or which causes death or serious or protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Tribal Animal Control Officer refers to the person or persons designated by the Saint Regis Mohawk Tribe to enforce this chapter.

Tribal Council means the duly elected Saint Regis Mohawk Tribal Council consisting of three (3) chiefs and three (3) sub-chiefs.

Tribal Court refers to the trial level of the Saint Regis Mohawk Tribal Court which shall retain exclusive jurisdiction to preside over all proceedings relating to a summons and complaints filed under this chapter.

Unaltered means any animal that has not been spayed or neutered.

Wild Animal means any animal which is now or historically has been found in the wild, or in the wild state. This term includes, but is not limited to, animals such as: deer, skunk, opossum, raccoon, mink, armadillo, coyote, squirrel, fox, wolf and wolf-dog hybrids.

Wildlife sanctuary means an area specially designated for the protection of wildlife and wherein it is illegal to interfere in anyway with the natural habitat.