3.03.030 Owner Responsibilities and Offenses

(a) All animals shall be kept under restraint, which includes having animals constrained to an owner's yard or if outside of an owner's yard is kept on a leash or within the control of the owner. Owners of “aggressive” animal(s), as determined by the Animal Control Officer, must take extra caution that their animal(s) are not given free, unsupervised access to the general public. The Animal Control Officer shall use the following the factors to determine whether an animal is aggressive:

(1) the animal is baring its teeth;

(2) the animal is reported to have gotten into a fight with another animal; and

(3) any other factor for which the Animal Control Officer deems in his/her opinion to make the animal aggressive and provides documentation to the owner or reputed owner.

(b) An Owner must ensure that his animal is not a nuisance in any way to the general public. The owner of every animal shall be held responsible for every behavior of such animal under the provisions of this chapter.

(d) Animals are not to be left unattended in a vehicle in extreme heat or cold temperatures. Animals left in a vehicle in hot or cold temperatures may be subject to seizure or impoundment. If extreme heat or cold is a factor, the Animal Control Officer or the Tribal Police may enter the vehicle with force if necessary to aid an unattended animal.

(e) Owners shall ensure that their animal carries identification at all times in the form of a microchip, tag, or other means to allow easy identification of the owner.

(f) A person shall not abandon, instigate, torture, injure, kill, or poison an animal whether it belongs to him or another; or, inflict any act of cruelty on any animal with the exception of Section 3.03.040 of this chapter.

(g) No person shall own, keep, or harbor any dog or cat over four months of age within the Saint Regis Mohawk Reservation unless such dog or cat is vaccinated for rabies by a licensed veterinarian. A certificate of vaccination shall be issued to the owner of each vaccinated animal. Each owner shall also receive a durable vaccination tag indicating the year in which it was issued. The provisions of this section do not apply to animals held in a government operated or licensed animal shelter.

(h) Any dog, not under the control of the Owner or that bites a person and causes Serious Physical Injury or is deemed “dangerous” by the Animal Control Officer/Department, shall be quarantined under the authority of the Animal Control Officer/Department. The Animal Control Department may order the Owner to quarantine their dog for a period not exceeding ten (10) days unless the Animal Control Officer deems the dog “dangerous”. Upon such determination the Animal Control Officer shall have the discretion to issue a Summons to the Owner to appear in Tribal Court to obtain a judicial determination that a dog is “dangerous”. Any dog subject to quarantine may be destroyed after ten (10) days at the discretion of the Animal Control Department.

(i) Failure of an Owner to comply with the provisions of this section may result in a fine as outlined in Section 3.03.050(f). Fines shall be used to offset costs associated with the Animal Control Program.

(j) This chapter shall apply to any animal found within the Reservation even if the Owner does not reside within the Reservation and the Owner is visiting, living here temporarily or passing through.