SKOKOMISH ANIMAL CONTROL ORDINANCE
Adopted by
Resolution No. 05-54 (May 11, 2005)
Amended by
Resolution No. 09-06 (January 21, 2009)
TABLE OF CONTENTS
GENERAL PROVISIONS
6.09.001 Title
6.09.002 Authority and Declaration of Policy
6.09.003 Jurisdiction
6.09.004 Liberal Construction
6.09.005 Severability
6.09.006 Repealer
6.09.007 Definitions
ADMINISTRATION AND ENFORCEMENT
6.09.010 Tribal Law Enforcement
6.09.011 Delegation of Authority
6.09.012 Impoundment
6.09.013 Authorized Dog “Round-Up”
6.09.014 Redemption of Animals
6.09.015 Disposition of Animals not Redeemed
6.09.016 Public Emergency
6.09.017 Abandonment of Animals
ANIMAL CONTROL
6.09.030 Responsibility for Animals
6.09.031 Quarantine
6.09.032 Dogs Running At Large
6.09.033 Mandatory Leashing
6.09.034 Dogs in Heat
6.09.035 Dangerous Animals
6.09.036 Diseased Animals
6.09.037 Animal Identification Required
CIVIL INFRACTIONS
6.09.050 Infraction Penalties
6.09.051 Failure to Provide Care
6.09.052 Failure to Prevent Damage
6.09.053 Failure to Prevent Nuisance
6.09.054 Failure to Leash
6.09.055 Failure to Confine a Dog in Heat
6.09.056 Failure to Quarantine an Animal
6.09.057 Failure to Confine an Animal During a Public
Emergency
6.09.058 Harboring a Dangerous Animal
6.09.059 Selling a Diseased Animal
6.09.060 Failure to Identify Animal
ENFORCEMENT PROCEDURES
6.09.070 Power of Enforcement
6.09.071 Notice of Violation
6.09.072 Service of Notice
6.09.073 Procedure
6.09.074 Failure to Pay Fine
6.09.075 Disposition of Funds
6.09.076 Private Cause of Action
General Provisions
6.09.001 Title
This
Ordinance shall be known as the Skokomish Animal Control Ordinance.
6.09.002 Authority
and Declaration of Policy
Article V, Section 1(j) of the Constitution of the
Skokomish Indian Tribe empowers the Skokomish Tribal Council to “enact laws and
Ordinances governing the conduct of individuals and defining offenses against
the Tribe; to maintain order and to protect the safety and welfare of
all persons within the Skokomish Tribe’s jurisdiction; and to provide for
the enforcement of laws and Ordinances of the Skokomish Tribe.” It is the intent of this Ordinance to
maintain order and protect the safety and welfare of all persons on the
Skokomish Indian Reservation and to provide procedures for enforcement through
the Skokomish Indian Tribe Department of Public Safety.
6.09.003 Jurisdiction
The
6.09.004 Liberal Construction
This Ordinance shall be liberally construed to give
full effect to the objectives and purposes for which it was enacted.
6.09.005 Severability
If any provision of this Ordinance, or its application
to any person, legal entity or circumstance, is held invalid, the reminder if
the Ordinance, or the application of the provision to other persons, legal
entities, or circumstance, shall not be effected.
6.09.006 Repealer
This Ordinance supersedes and replaces any conflicting
provisions of any and all prior Animal control laws, codes, Ordinances, or
regulations of the Skokomish Indian Tribe.
6.09.007 Definitions
If a term is not defined in this section, it shall be
given its ordinary meaning, unless otherwise defined in this Ordinance. Terms used in this Ordinance shall have the
following meaning, except where the context indicates otherwise:
(a)
Animal: is a mammal,
reptile, amphibian or bird kept by a Keeper as a pet. An Animal may be a dog, cat, bird or such
other Animal as are commonly kept as pets.
For purposes of this Ordinance, the term “Animal” may be used
synonymously with “dog”.
(b)
At Large: present at a
privately owned place that is not owned or occupied by the owner or Keeper of
the Animal at issue, or at any public place, unless permission for the Animal
to be present has been obtained from the person who owns or controls the
property.
(c)
Confinement: keeping the Animals
indoors or in an Enclosure which prevents the Animal’s escape or contact with
other Animals.
(d)
Cruelty: physical
injury inflicted by other than accidental means which causes or creates a
substantial risk of death, disability, disfigurement or impairment of bodily
functions or acts which are generally accepted by the Tribal community to be
cruel or inhumane.
(e)
Dangerous
Animal: any Animal which, without provocation, bites
or attacks, or attempts to bite or attack, a person or another Animal more than
once.
(f)
Department: the Skokomish
Department of Public Safety.
(g)
Director: the Director
of the Skokomish Department of Public Safety.
(h)
Enclosure: a securely
enclosed or locked pen or structure, suitable to prevent the Animal from
escaping. Such pen or structure shall
have secure sides and a secure top, and shall also provide protection from the
elements for the Animal.
(i)
Euthanasia: the humane
destruction of an Animal by a method that produces instantaneous
unconsciousness and immediate death or painless loss of consciousness and death
during such loss of consciousness.
(j)
Guard Dog: adult dog
that has been trained to protect persons or property through the exhibition of
hostility and aggressiveness to persons who might be perceived to threaten the
persons or property under the dog’s care.
(k)
Keeper: any person in
possession of any Animal or responsible for the custody or control of any Animal.
(l)
Neglected: not receiving
the food, water, shelter, medical care, exercise or supervision needed for the
welfare of the Animal at issue.
(m)
Premises: a building
and the area of land surrounding the building which forms an actual or
constructive enclosure with the building to which the owner of the Animal at
issue has a legal or equitable right.
Automobiles, trucks, or farm wagons owned or under the control of the
owner or Keeper of the Animal at issue are also “Premises.”
(n)
Public
Emergency: any circumstances under which the Skokomish Department
of Public Safety, the Skokomish Health Department, the Skokomish Department of
Natural Resources, or the Skokomish Department of Fisheries find warrant the Restraint
or Confinement of Animals within the Tribe’s jurisdiction.
(o)
Reservation. Everything
located within the external boundaries of the Reservation of the Skokomish
Indian Tribe.
(p)
Restraint: securely
leashed or confined by a secure fence or enclosure within Premises or leashed
under the control of a person of suitable age and ability off-Premises.
(q)
Tribe: the Skokomish
Indian Tribe.
Administration
and Enforcement
6.09.010 Tribal
Law Enforcement
Administration and enforcement of this Ordinance
shall be the responsibility of the Department, which, as necessary to carrying
out its responsibilities under this Ordinance, shall have the authority to:
(a)
contract with,
operate or cause to be operated Animal shelters and/or dog pounds;
(b)
contract with,
select, train, hire or retain Animal control officers to enforce the provisions
of this Ordinance;
(c)
investigate
complaints of Animal delinquency within the Tribe’s jurisdiction;
(d)
issue citations
for violations of this Ordinance; and
(e)
subject to the
limits imposed by this Ordinance, whether explicit or implied, take, confine or
impound, and destroy Animals found in violation of this Ordinance.
6.09.011 Delegation of Authority
As necessary to carrying
out its responsibilities under this Ordinance, the Department may:
(a)
with the approval of the Tribal Council, which may delegate its approval
authority to the Tribal Manager, delegate all or part of its responsibilities
to competent agencies and officers of
federal, state, local, and other tribal governments or to private
persons and organizations;
(b)
with the approval of the Tribal Council, which may delegate its approval
authority to the Tribal Manager, negotiate contracts or agreements with said
agencies, officers, persons, and organizations, or their facilities, whether
within or outside the Tribe’s Reservation;
(c)
deputize persons over the age of eighteen (18) years for the purpose of
enforcing Animal control regulations.
6.09.012 Impoundment
(a)
Animals may be impounded in the following situations:
(1)
when the Animal is unleashed, and/or un-identified and off the Premises,
of its owner or Keeper and a violation of this Ordinance has been committed;
and/or
(2)
when the Animal has been subjected to Cruelty or Neglect; and/or
(3)
when the Animal has been determined to be a Dangerous Animal pursuant to
this Ordinance.
(b)
Animals shall be impounded in a place and manner designated by the Director.
(c)
Following impoundment, the Director or his authorized agent shall notify
the owner in person or Keeper of the Animal of its impoundment; if the owner or
Keeper of the Animal is unknown, reasonable efforts to ascertain and/or notify
the owner or Keeper of the impoundment will be made.
(d)
When the Department has knowledge that an Animal is not being quarantined
as required by section 6.09.031 of this Ordinance, the Department shall pick up
the Animal and impound it for the quarantine period.
6.09.013 Authorized Dog “Round-Up”
The Department is
authorized to periodically conduct a “round-up” of any and all dogs that are
roaming or running At Large. This
authority is granted in addition to the authority to take individual Animals
into custody under this Ordinance. Prior
notice to the Tribal community shall be prominently posted prior to
round-ups. Instructions for re-claiming Animals
shall be posted immediately after round-ups.
6.09.014 Redemption of Animals
(a)
Animals other than livestock and quarantined Animals that have been
impounded by the Department may be redeemed upon payment of the costs of
impound.
(b)
Livestock may be redeemed upon payment of the costs of impoundment and
boarding, and if impounding requires special transportation, the cost of such
special transportation.
(c)
If an Animal has been quarantined by the Department, the owner or Keeper
of the Animal may redeem it after the quarantine period, if the Animal shows no
signs of rabies or other contagious disease for which quarantine is required,
for the cost of quarantining the Animal.
6.09.015 Disposition of Animals not Redeemed
(a)
When an Animal
other than livestock is not redeemed sooner than forty-eight hours (48) following
impoundment, the Director or his authorized agent may give or sell the Animal
to a suitable person, euthanize or otherwise dispose of the Animal. “Suitable person” means a person or agency
who satisfies the Department that the Animal will be provided for in a manner
appropriate to its character, whether kept as a pet or companion by a person or
persons with the ability to provide for its care, re-introduced into the wild
in accordance with scientifically sound procedures, or where the Animal is not
suitable as a pet or companion and cannot be safely re-introduced into the
wild, humanely maintained for display or study by an agency equipped for that
purpose. Under no circumstances shall an
impounded Animal be given or sold for medical, scientific, product testing or
other experimentation.
(b)
When livestock is
not redeemed sooner than seven (7) days following impoundment, the Director or
his authorized agent may commence to sell the Animal at public auction. Notice of the auction and a description of
the livestock to be auctioned shall be published at least five (5) days prior
to the sale in an official county or tribal newspaper. Such notice shall also be mailed to the owner
of the livestock if known. Costs of
publication and mailing, costs of sale, and costs described in S.T.C.
6.09.014(b) shall be deducted from the proceeds of the sale. The balance shall be remitted to the owner,
if known. Otherwise, the balance of the
proceeds shall be deposited into an account to be used for the administration
and enforcement of this Ordinance.
(c)
Sick or injured Animals
may be euthanized or disposed in accordance with S.T.C. 6.09.015(a) prior to the
expiration of the redemption period if, in the informed opinion of the Director,
such action is necessary for the protection of the public health or to prevent
unnecessary suffering. The Director
shall consult with qualified medical, public health, or veterinary personnel
prior to giving his opinion that such action is necessary. When reasonably possible, the owner or Keeper
of the Animal shall be notified and provided with an expedited opportunity to
appeal the Director’s decision prior to any such disposition.
6.09.016 Abandonment of Animals
Any owner or Keeper entitled
to regain custody of an Animal pursuant to the provisions of this Ordinance who
fails to do so in the time provided, shall have abandoned all legal rights and
interests in the Animal.
6.09.017 Public Emergency
The Department may require that Animal
owners or Keepers confine their Animals within the Premises of their owners or Keepers
during a Public Emergency requiring such Confinement. The Department shall make reasonable efforts
to notify Animal owners and Keepers that a Public Emergency has been declared.
Animal Control
6.09.030 Responsibility for Animals
Any person who
is an owner or Keeper of any Animal shall be responsible for:
(a)
Damage to persons or property caused by the Animal;
(b)
Providing proper medical care (including vaccinations), food, water,
supervision and care;
(c) Preventing the Animal from unreasonably annoying or
disturbing others through frequent or habitual barking, howling, yelping or
crying;
(d) Preventing the Animal from interfering with pedestrians or
chasing vehicles;
(e) Preventing the Animal from getting into
other people’s garbage or scattering garbage; and
(f) Maintaining control of the Animal when off the Premises of
its owner or Keeper.
6.09.031 Quarantine
(a) Animals will be quarantined under the
following conditions:
(1)
for a period of not less than ten (10) days when the Animal has bitten
someone severely enough to break the skin.
If the Animal dies or exhibits symptoms of rabies, other illness, or
other unusual behavior while quarantined, the owner or Keeper shall notify the Department
and the Skokomish Health Department; and
(2)
until such time as a veterinarian certifies that the Animal is no longer
capable of transmitting the disease when the Animal has been diagnosed with a
contagious disease.
(c)
The owner or Keeper
of an Animal subject to quarantine shall keep the Animal in an Enclosure for
the quarantine period. The Animal shall
be securely confined in an Enclosure on the Premises of its owner or Keeper,
and kept separate from other Animals.
The Animal shall be Enclosed so as to prevent contact with persons
lawfully on the Premises of its owner or Keeper, including all children.
(d)
The owner or Keeper of a quarantined Animal shall not sell, give away or
permit the Animal to be removed from the Premises of the owner or Keeper
without written permission of the Director during the quarantine period. The owner or Keeper of an Animal who has
bitten someone shall not kill the Animal during the quarantine period. If the owner or Keeper of a quarantined Animal
is unable to control the Animal or maintain the Animal in Confinement, s/he
shall notify the Department, which shall pick up the Animal.
6.09.032 Dogs Running At Large
It
shall be unlawful for the owner or Keeper of a dog to allow it to run At Large
within the boundaries of the Reservation.
6.09.033 Mandatory Leashing
All
dogs shall be physically restrained by means of a leash not more than ten (10)
feet in length when not on the property of the owner or Keeper. A dog may be unleashed on the property of its
owner or Keeper only if the property is enclosed by a secure fence of
sufficient strength and dimensions to prevent the dog’s escape, or supervised
by a person ten (10) years of age or older who is able to maintain control of
the dog and who is in fact in control of the dog.
6.09.034 Dogs in Heat
The
Keeper or owner of a female dog shall keep it in Confinement when it is in
heat.
6.09.035 Dangerous Animals
It
shall be unlawful to own or keep a Dangerous Animal unless the Animal is
securely confined on the Premises of its owner or Keeper or muzzled, leashed,
and in the custody and control of a person sixteen years of age or older who is
physically able to restrain and control the Animal.
6.09.036 Diseased Animals
It shall be unlawful to sell an Animal that the seller
knows, or reasonably should know, is diseased.
6.09.037 Animal Identification Required
The Keeper or owner of any dog or cat shall be
required to have identified such Animal as belonging to them by placing a
collar with an identifying tag stating the owner or Keeper’s name, and current
contact information. Any dog or cat
found not to be wearing such identification will be considered At Large.
Civil
Infractions
6.09.050 Infraction
Penalties
The
penalty for any infraction specified in this chapter shall be fifty dollars
($50.00) for the first cited violation, seventy-five dollars ($75.00) for the
second cited violation committed within one year of the first, and one hundred
dollars ($100.00) for the third and all subsequent cited violations committed
within one year of the first. Every day
in which a person is in violation of this Ordinance shall constitute a separate
and distinct infraction.
6.09.051 Failure
to Provide Care
Any
owner or Keeper of an Animal who fails to provide the Animal with proper
medical care (including necessary vaccinations), food, water, supervision and
care has committed a civil infraction.
6.09.052 Failure
to Prevent Damage
Any
owner or Keeper of an Animal who fails to prevent damage to persons or property
caused by the Animal has committed a civil infraction. It is a defense to liability under this
section if the injured party provoked the Animal or was unlawfully in or on
another’s property, including but not limited to the property of the owner or Keeper,
or was committing an unlawful act which contributed to the injury; provided,
however, that this defense is not available if the injured person is a child
ten (10) years of age or younger.
6.09.053 Failure
to Prevent Nuisance
Any
owner or Keeper of an Animal has committed a civil infraction when he or she
fails to prevent the Animal from:
(a)
unreasonably annoying or disturbing others through frequent or habitual
barking, howling, yelping or crying;
(b)
interfering with pedestrians or chasing vehicles; or
(c)
getting into other people’s garbage or scattering garbage.
6.09.054 Failure
to Leash
Any
owner or Keeper of a dog who fails to maintain the dog on a leash when off the Premises
of its owner or Keeper as required by S.T.C. 6.09.033 has committed a civil
infraction.
6.09.055 Failure
to Confine a Dog in Heat
Any owner or Keeper of a female dog who fails to
confine the dog when in heat has committed a civil infraction.
6.09.056 Failure
to Quarantine an Animal
Any owner or Keeper of an Animal who fails to
quarantine the Animal as required by S.T.C. 6.09.031 has committed a civil
infraction.
6.09.057 Failure
to Confine an Animal During a Public Emergency
Any owner or Keeper of an Animal who fails to
confine the Animal when he or she knows, or reasonably should know, that a Public
Emergency requiring the Animal’s Confinement has been declared has committed a civil
infraction.
6.09.058 Harboring
a Dangerous Animal
Any
person who owns or keeps a Dangerous Animal except as provided in S.T.C.
6.09.035 has committed a civil infraction.
6.09.059 Selling
a Diseased Animal
Any
person who sells an Animal that s/he knows, or reasonably should know, is
diseased has committed a civil infraction.
6.09.060 Failure
to Identify Animal
Any
person who owns or keeps a dog or cat, and fails to identify ownership of the Animal
as provided in S.T.C. 6.09.037 has committed a civil infraction.
6.09.070 Power
of Enforcement
Any
person authorized to enforce this Ordinance shall issue a notice of violation:
(a)
when a violation of this Ordinance occurs in the enforcement authority’s
presence; or,
(b)
when the enforcement authority investigating a report of a violation of
this Ordinance finds probable cause to believe that a violation has been
occurred.
6.09.071 Notice
of Violation
The
Tribe, through its enforcement authorities, shall give a written notice to
anyone who violates this Ordinance. The
notice of violation shall:
(a)
specify the
nature of the violation, the location of the violation, the date and time of
the violation (or the date and time when the violation was discovered), and the
section(s) of this Ordinance that were violated;
(b)
set a date for hearing before the
(c)
specify the amount of the fine which may be paid by the violator to the
Court in order to avoid a Court hearing;
(d)
notify the violator that if the violator does not pay the amount of the fine
and does not appear before the
6.09.072 Service
of Notice
The notice of violation shall be served upon the
defendant in the following manner:
(a)
by delivering a copy personally to the defendant or the defendant’s
authorized representative, or to any member of the defendant’s family residing
with the defendant who is eighteen (18) years of age or older; or
(b)
by delivering a copy to the defendant’s place of business and leaving it
with a secretary or other person authorized to accept service.
(c)
if, after reasonable effort is made, the defendant cannot be personally
served, service may be made by sending a copy of the notice to the defendant’s
last known address by certified mail, return receipt requested, and sending an
additional copy by regular mail.
A
certificate of service filed with the
6.09.073 Procedure
(a)
Rules of
(b)
No Right to Jury Trial. There is no
right to a jury trial in proceedings held pursuant to this Ordinance. The Court, sitting without a jury, shall hear
and decide such proceedings.
(c)
Appeals. Any party may appeal any final
order under this Ordinance. All appeals
shall be governed by the applicable Rules of the
(d)
Power of the Court.
(1) If the Court finds by a preponderance of
the evidence that a violation of this Ordinance has been committed, it may require
the violator to pay a civil penalty in an amount not to exceed the maximum
penalty allowed for the infraction. The
Court may suspend any fine or a portion thereof on the condition that the owner
or Keeper comply with the Court’s order.
The Court may also reduce any fine imposed if the Animal’s owner or Keeper
proves to the Court that the violation has been corrected (for example, the
dog’s vaccinations have been brought up to date).
(2) If the Court finds by a preponderance of the evidence that a
violation of this Ordinance has been committed and that it is likely that the
owner or Keeper of the Animal will not provide proper care and supervision for
the Animal so as to prevent further violations of this Ordinance, the Court may
order the Department to remove the Animal from the owner or Keeper and dispose
of it in accordance with this Ordinance.
(3) Upon a showing of financial hardship, the Court may sentence
a violator to perform community service hours in lieu of payment of a
fine. Each hour of community service
shall reduce the fine by the amount of federal minimum wage at the time of
sentencing. Adequate supervision must be
available before community service hours are imposed.
(4)
In addition to the civil penalties imposed under this Ordinance, the
Court may order the owner or Keeper of an Animal to pay any actual damages for
injury to the person, property or resources of any person. It shall be a defense to liability under this
section if the injured party provoked the Animal, or was unlawfully in or on another’s property, including
but not limited to the property of the owner or Keeper, or was committing an
unlawful act which contributed to the injury; provided, however, that this
defense is not available if the injured person is a child ten (10) years of age
or younger. If a child 10 years of age
or younger is the injured party, liability may be apportioned between the Animal’s
owner or Keeper and the child’s parent or guardian if the parent or guardian
knew, or should have known, of the risk that the child might be injured by the Animal
but failed to take reasonable steps to protect the child.
6.09.074 Failure
to Pay Fine
Any
person who fails to pay any fine assessed by the Court within thirty (30) days
after the fine has been assessed and who fails to make other arrangements with
the Court regarding payment of the fine, shall owe, in addition to the fine
imposed, ten dollars ($10.00) for each thirty (30) day period that the fine is
overdue.
6.09.075 Disposition
of Funds
Civil penalties collected by the Court, which are in
excess of court costs, shall be placed into an account to be used for the
administration and enforcement of this Ordinance. Use of the funds for such purposes may be
made by the Skokomish Tribal Council upon recommendation from Law Enforcement.
6.09.076 Private
Causes of Action
Nothing in this Ordinance shall prevent a person
from bringing a private cause of action for damages to his or her person or
property caused by an Animal.