3.22.050 Unleashed Dogs and Dogs Causing Harm

(a) An "unleased dog" is a dog that is neither confined within a building, kennel, or fenced yard, nor secured by a leash, chain, or rope attached at one end to the dog's collar or harness and either attached at the other end to an immovable fixture, or held at the other end by a responsible person.

(b) A "dog causing harm" is a dog that is"

(1) At large, or

(2) Causing or threatening to cause personal injury, destroying or harming personal property, fighting with another dog, or running wildlife or domestic stock.

(d) A dog causing harm that is not ownerless, or an unleashed dog found within 100 feet of any dwelling may be impounded by the tribal natural resources or health department.

(e) A dog that is impounded shall be held for 48 hours. After 48 hours if the dog's owner has not claimed it, the dog may be destroyed.

(f) A dog that is impounded may be claimed by its owner upon payment of the impoundment fee of $12.00 for each 24 hour period or part thereof that the dog is impounded.

(g) The owner of any dog causing harm shall be subject to the following penalties:

(1) A forfeiture not to exceed $5,000 for each incident of harm.

(2) An order of restitution to any person harmed by the dog.

(3) A dog causing serious injury to a person or livestock, found by the court to have caused serious injury to a person or livestock once previously, which injury the owner had notice of prior to the second injury, may be ordered by the court to be destroyed.

(h) The owner of an unleased dog shall be subject to a forfeiture not to exceed $200.00 for a first offense, and a forfeiture not exceed $500.00 for any subsequent offense.

(i) Any person who has been harmed by a dog, whether or not the dog is a dog causing harm under Section 3.22.050(a), may proceed in tribal court against the owner of the dog for damages. Reasonable attorney fees shall be awarded to a successful plaintiff in any such action. Double damages shall be awarded to any successful plaintiff in any such action if the dog previously caused harm to a person, livestock, or property and if the owner had notice of such harm prior to the injury that is the subject of the action.

(j) Except as provided for Section 3.22.060, any animal that is impounded and that may be destroyed under this section may be made available for adoption upon payment of posted fees and under procedures adopted by the tribal natural resources and health departments.