The Cherokee Code: Published by Order of the Tribal Council of the Eastern Band of Cherokee Indians

Chapter 19 - Animals*

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*Editor's note: Ord. No. 917, adopted September 13, 2001, amended the Code by repealing former Ch. 19, §§ 19-1—19-22 and 19-25—19-42, and adding a new Ch. 19, §§ 19-1—19-38. Former Ch. 19 pertained to similar subject matter, and derived from Resolution 7, of November 6, 1912; Resolutions of November 8, 1922 and October 10, 1935; Ord. No. 169 of June 15, 1972; Res. 293 of October 27, 1976; Res. 368 of April 2, 1981; Ord. No. 32, adopted October 15, 1991; and Ord. No. 157, adopted April 16, 1992.

Cross references: Hunting and fishing, ch. 113; health and sanitation, ch. 130.
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Article I - Animal Control
Article II - Animal Drawn Vehicles

ARTICLE I. ANIMAL CONTROL

Sec. 19-1. Animal Control Department.

The Tribal Animal Control Department shall regulate the ownership, possession, treatment and disposal of animals within the territorial jurisdiction of the Eastern Band of Cherokee Indians, which shall include all lands held in trust for the Eastern Band of Cherokee Indians or its members and all other lands owned by the Eastern Band of Cherokee Indians. These regulations are intended to protect the public from unvaccinated, diseased, stray, roaming, or dangerous animals; to enforce the provisions of this Chapter which make unlawful those acts of animals that interfere with the enjoyment of property or the peace and safety of the community; to protect animals from abuse or conditions harmful to their well-being; and to perform any other duties authorized by applicable law.

(Ord. No. 917, 9-13-2001)

Sec. 19-2. Duties.

The Tribal Animal Control Department shall be charged with enforcing all applicable laws relating to the control of animals within the territorial jurisdiction of the Eastern Band of Cherokee Indians, and shall have the following responsibilities:

(1) Issue appropriate permits, civil penalties and notices required for the enforcement of this Chapter;

(2) Operate an animal shelter;

(3) Investigate complaints regarding the possession, care, custody, and control of animals and issue written orders and/or seize the animal;

(4) Investigate all reported animal bites or other human physical contact with suspected rabid animals;

(5) Engage in appropriate emergency response activities, including seizing and impounding animals, enforcing animal quarantine directives, ordering owners to take certain preventive measures, and any other activities related to the enforcement of animal care and control regulations;

(6) Maintain all records as required by this chapter.

(Ord. No. 917, 9-13-2001)

Sec. 19-3. Definitions.

Acts deemed public nuisance. The keeping of any animal in such manner or in such numbers as to constitute a public nuisance. A public nuisance shall include, but is not limited to: maintaining an animal that is diseased and dangerous to the public; allowing or permitting an animal to damage the property of anyone other than the owner; allowing or permitting an animal to interfere with the enjoyment of another's property, such as by creating offensive odors, defecating on another's property, allowing an animal to enter another's property (enclosed or otherwise) and creating a disturbance; maintaining an animal that habitually or repeatedly chases or snaps at pedestrians, other animals, or vehicles; or failing to securely confine a female dog in heat.

Animal control officer. Any person designated by the Tribe to enforce these regulations.

Animal shelter. Any premises designated by the Tribe or Department for impounding and caring for animals found running at large or otherwise subject to seizure and/or impoundment in accordance with the provisions of this chapter.

At large. Any animal shall be deemed to be at large when it is off the property of his owner and is not under the control of a competent person.

Boarding kennel. Any place other than a veterinary hospital where the owner, tenant, or occupant keeps or allows others to keep or board any dogs, cats, or other animals for longer than 12 hours for a fee or donation.

Department. The Tribal Animal Control Department.

Domesticated animal. Any animal kept, cared for, sheltered, fed or harbored for use as a pet, labor or as a source of food or income.

Exposed to rabies. An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by or has been exposed to any animal known or suspected by an animal control officer to have been infected with rabies.

Neutered male. Any male domestic animal which has been operated on to prevent reproduction.

Owner. Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner is responsible for the care, action, and behavior of his animal.

Pet shop. A business establishment where animals, including but not limited to, dogs, cats, fish, birds, reptiles or rodents are kept for sale or commercial barter.

Restrain. An animal is under restraint within the meaning of this chapter if it is controlled by means of a chain, leash, fence, or other like device, is sufficiently near the owner or handler to be under his direct control and is obedient to that person's commands; is on or within a vehicle being driven or parked; or is within a secure enclosure.

Spayed female. Any female domestic animal which has been operated on to prevent conception.

Stray. Any dog, cat or domestic animal wandering at large or lost within the territorial jurisdiction of the Eastern Band of Cherokee Indians.

Vicious and/or dangerous animal. Certain breeds of animals, as well as any animal determined by the Animal Control Officer to be vicious or dangerous to the safety of the public. A vicious animal is one that bites or attempts to bite any person; bites another animal; or in a vicious or terrorizing manner is allowed to approach any person in an apparent attitude of attack, whether or not the attack is consummated. The following breeds or species are considered dangerous: Pit bulls (including bull terriers and American pit bull terriers) and Rottweillers.

Wild animal. Any animal which can normally be found in the wild state, particularly those feral, exotic, dangerous or nondomestic animals which generally do not live in or about the habitation of humans, including, but not limited to deer, bear, fox, wolves, lions, monkeys, raccoons, skunks, squirrels, rabbits, tigers, and snakes.

(Ord. No. 917, 9-13-2001)

Sec. 19-4. Rabies vaccination and control.

(a) Every person who owns, keeps, or controls a dog, cat, kitten or puppy that is kept any time during the year within the territorial jurisdiction of the Eastern Band of Cherokee Indians, or permits a dog, cat, kitten or puppy to remain in or about his home, place of business or other premises within the territorial jurisdiction of the Eastern Band of Cherokee Indians, shall have such dog, cat, kitten or puppy regularly vaccinated against rabies. Such regular vaccinations shall begin on or before the animal reaches four months of age, but not earlier than three months of age, by a licensed veterinarian with an approved anti-rabies vaccine and shall be kept up to date as directed by the veterinarian. The veterinarian shall issue a rabies tag which shall be stamped with the number and year issued. The owner of the animal shall take such steps as necessary to ensure that the current, unexpired rabies tag is worn by the vaccinated animal by providing a collar or harness to which the tags may be securely attached. The collar or harness with attached tags must be worn at all times except when the animal is confined to an enclosure on the owner's premises or in an animal control facility.

(b) If the animal has received the proper vaccinations but the owner has not obtained a tag issued by the veterinarian, the owner of the animal shall be in violation of this section.

(c) Should it be deemed necessary by the Director of Fish and Game or his designee that a person's other pet(s) (i.e., pets other than dog, cat, kitten or puppy) should be vaccinated in order to prevent a threatened epidemic or to control an existing epidemic, then such person shall provide for a current inoculation against rabies for that animal as well. Failure to comply with this paragraph shall subject the animal to impoundment by the animal control department. The owner will be allowed to redeem the animal only upon payment of all applicable fines and fees and agreement that the vaccination will be obtained immediately. (See Section 19-12, Cherokee Code, describing "Impoundment and redemption.")

(d) It shall be unlawful to transfer a rabies tag from one animal to another and no person shall affix a rabies tag to any animal other than the animal for which the tag was issued at the time of its rabies vaccination. Nor shall any person affix a registration tag to an animal that has not been vaccinated against rabies, nor shall any person counterfeit, alter, obliterate or attempt to counterfeit, alter or obliterate any rabies tag.

(e) Any wild animal which has bitten anyone or which shows symptoms of rabies shall be destroyed. Any domestic animal which has bitten anyone or which shows symptoms of rabies shall be confined immediately and promptly reported to the Tribal Animal Control Department by the owner of the animal or any person having charge of the animal. Such animal shall be securely quarantined, unless exception is granted by written permission from the Director of Fish and Game or his designee. The animal, along with its records of vaccination and registration shall be inspected by the Animal Control Officer, who will then observe the following policy:

(1) A dog, cat or other domestic animal, with adequate proof of vaccination, belonging to an owner, shall immediately be confined for ten days in a veterinary hospital or the Tribal Animal Shelter, and such expense of confinement shall be borne by the owner.

(2) All biting animals without adequate proof of vaccination shall be picked up by the Animal Control Officer and delivered to the Animal Shelter for testing and euthanasia.

(3) The attending medical provider shall determine the definition of "animal bite." Exceptions to the aforementioned procedures may be granted in cases involving animals biting their owners.

(f) Except as provided in subsection (e) of this section, it shall be unlawful for the owner of an animal which has bitten a human to refuse to surrender said animal to the department for the purposes outlined above upon demand. Refusal to surrender such an animal shall result in immediate seizure of the animal. The expense of any supervised quarantine shall be borne by the owner of the animal. If rabies does not develop within ten days, the animal may be reclaimed upon payment of the confinement fee, payment of any assessed fines, and compliance with other provisions of this chapter.

(g) When reports indicate a positive diagnosis of rabies, the Director of Fish and Game or his designee may order an area-wide quarantine for such period as is deemed necessary. Upon invoking such emergency quarantine by the Director or his designee, no animal shall be taken onto the street or permitted to be in the street, nor taken or shipped from the territorial jurisdiction of the Eastern Band of Cherokee Indians, without the written permission of the Director of Fish and Game or his designee.

Members of the Animal Control Department and the Cherokee Police Department are authorized during such emergency to impound any animal found running at large on the territorial jurisdiction of the Eastern Band of Cherokee Indians. During the quarantine the Department shall be empowered to provide for further mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the territorial jurisdiction of the Eastern Band of Cherokee Indians. No animal which has been impounded by reason of being a stray or unclaimed by its owner shall be allowed to be adopted from the Animal Shelter during the period of emergency rabies quarantine.

(h) An animal without current rabies inoculation bitten by a known rabid animal shall be immediately destroyed by the Animal Control Officer. If the animal has a current rabies inoculation, the owner may agree to a re-vaccination and confinement for a period of two weeks at the Animal Shelter or at a veterinarian hospital, at the owner's expense.

(i) In the event additional positive cases of rabies occur during the period of quarantine, such quarantine period may be extended at the discretion of the Director of Fish and Game, or his designee. During the quarantine period, the Director of Fish and Game may require additional vaccinations of dogs against rabies.

(j) It shall be unlawful for any person to remove from the territorial jurisdiction of the Eastern Band of Cherokee Indian, to kill, or to release, any animal under observation for rabies, any animal suspected of having been exposed to rabies, or any animal which has bitten a human, without permission of the Director of Fish and Game or his designee.

(k) The carcass of any dead animal exposed to rabies or any animal which dies while under observation for rabies shall be surrendered to the Animal Control Department. The head of such animal shall be submitted to the North Carolina Laboratory of Hygiene for diagnosis.

(l) It shall be unlawful for any person to fail or refuse to surrender any animal or the carcass of any dead animal exposed to rabies or which dies while under observation for rabies for disposition as required herein when demand is made by the Animal Control Department.

(m) Violation of any of the provisions of this section will result in a fine ranging from $25.00 to $100.00.

(Ord. No. 917, 9-13-2001)

Sec. 19-5. Restrictions on the possession, sale, release, etc. of certain animals.

(a) No person shall possess, sell, offer for sale, trade, give away, acquire, import, export, release, or cause to be released a wolf, coyote, fox, or hybrid (i.e., any dog crossed with any of the above animals), a poisonous reptile, a crocodile, or a related species within the territorial jurisdiction of the Eastern Band of Cherokee Indians. Any such animal illegally possessed may be ordered seized and may be disposed of by the Department, provided there is no pending court action, as specified in Section 19-37, Cherokee Code.

(b) Nonpoisonous snakes. Any owner, caretaker, or other person who keeps any non-poisonous snake over three feet and/or 15 pounds, must keep the snake at all times in an enclosure which will prevent the possibility of escape; maintain the enclosure in a clean and sanitary condition; keep the snake in a manner so as not to threaten or annoy any person of normal sensitivity; prevent unauthorized access to the snake; and use only escape proof enclosures when transporting the snake.

(c) No person shall keep any vicious or dangerous animal within the territorial jurisdiction of the Eastern Band of Cherokee Indians unless it is securely confined within a building or enclosure, or unless it is securely muzzled and under restraint by a competent person over 18 years old who is physically able to restrain the animal and, by means of a leash, chain, rope, etc., has such animal firmly under absolute control at all times.

(d) Upon receiving a report that an animal is being kept in violation of this section, the Animal Control Officer may seize the animal. Upon seizing the animal, the Animal Control Officer shall provide the owner/caretaker with a written order of seizure (provided the identity of such person can be determined) and shall assess a fine.

(e) Obligation to comply with written seizure order. When the Animal Control Officer serves the owner/caretaker with a written order of seizure, it shall be unlawful for the owner/caretaker to fail to comply with the order or interfere with the Animal Control Officer. A game warden shall accompany the Animal Control Officer to seize the animal. Failure to cooperate and comply with the seizure order shall result in an additional fine of five hundred dollars ($500.00).

(f) Owner/caretaker's redemption of animal. The owner or caretaker is entitled to redeem the animal, unless the department retains the animal upon some basis of legal authority (such as a determination that the possession of the animal is prohibited by tribal or federal law or should be destroyed for public safety purposes), by paying all applicable fines, costs and boarding fees and complying with any outstanding corrective orders of the Animal Control Officer. These orders shall be in writing and shall clearly identify specific preventive measures. Implementation of these preventive measures must be completed by the owner prior to redemption.

(g) Termination of owner/caretaker's rights. If possession of the animal is prohibited by federal or tribal law or if the owner or caretaker fails to comply with any outstanding corrective order issued by the department or fails to reclaim the animal within ten days, then the Animal Control Shelter shall have the authority to humanely destroy the animal or, in certain circumstances, place the animal for sale, as long as a small claims action, filed pursuant to Section 19-37, Cherokee Code, is not pending. If, after the animal is redeemed, the owner/caretaker fails to comply with the corrective order issued in the earlier seizure, then the animal control officer may issue a second seizure order, seize the animal, and humanely destroy the animal, provided a challenge to the seizure order filed pursuant to the provisions of Section 19-37, Cherokee Code, is not pending.

(h) Violations of the provisions of this section shall result in a fine of not more than one hundred dollars ($100.00). (Exception: the provision regarding failure to cooperate and/or comply with a seizure order shall result in a $500.00 fine.)

(Ord. No. 917, 9-13-2001)

Sec. 19-6. Keeping stray dogs; requirements; failure to surrender.

It shall be unlawful for any person within the territorial jurisdiction of the Eastern Band of Cherokee Indians to knowingly and intentionally:

(1) Harbor, feed, keep in possession by confinement, any animal which does not belong to him or her if the person has reasonable grounds to believe that the animal belongs to some other person who can be located;

(2) Remove an identifying collar or electronic device from such animal unless he or she has, within 24 hours from the time such animal(s) came into his/her possession, notified the Animal Control Department. Upon receiving such notice, an Animal Control Officer shall take the animal(s) and place it in the animal shelter, and shall deal with it as provided in Section 19-12, Cherokee Code. It shall be unlawful for any person to refuse to surrender any such animal(s) to an authorized representative of the Animal Control Department upon demand.

(3) Violation of paragraphs 19-5(a) or 19-5(b), Cherokee Code, shall result in a fine ranging from fifty dollars ($50.00) to five hundred ($500.00).

(Ord. No. 917, 9-13-2001)

Sec. 19-7. Public nuisance prohibited.

(a) It shall be unlawful for any owner to permit his animal to create a public nuisance.

(b) Written order. Upon receiving a report that an animal has created a public nuisance, and after investigating the report and determining that the report is supported by the evidence, the Animal Control Officer shall make reasonable efforts to notify the owner or caretaker to take special preventive measures. The written order should identify the specific preventive measures that must be taken and should designate the time period for carrying out compliance with this order. Any extension of time granted for carrying out this order shall be in writing. In the event the owner or caretaker cannot be immediately located, the Animal Control Officer shall impound the animal.

(c) Failure to comply with written order. It shall be unlawful for an owner or caretaker to fail to comply with a written order or any extension thereof. Violation of this paragraph will subject the animal to impoundment. In addition, the owner will be assessed the following penalties:

First offense: $50.00 fine.

Second and all subsequent offenses within a one-year period shall be at least $100.00 and not more than $500.00.

(Ord. No. 917, 9-13-2001)

Sec. 19-8. Improper care or treatment of animals prohibited.

(a) It shall be unlawful for any person who has control over or custody of any animal to molest, torture, seriously overwork, torment such animal, or cause one animal to fight with another; to deprive the animal of necessary sustenance, exercise, shelter, or care; to cruelly beat, needlessly mutilate or kill, wound, injure, or poison the animal without legal privilege to do so; to abandon; transport or confine an animal in a cruel manner; or subject the animal to conditions detrimental to its health or general welfare. It is further unlawful for any person to cause in any way or to procure any of the above actions. The words "torture," "torment," or "cruelty" shall be held to include every act or omission whereby unjustifiable pain, suffering, or death is caused or permitted.

(b) Upon receiving a report that an animal has been improperly cared for or treated, the Animal Control Officer may seize the animal from the premises when the Animal Control Officer determines that the animal's safety or health is being jeopardized. Upon seizing the animal, the Animal Control Officer shall provide the owner or caretaker with a written order of seizure. In addition, the Animal Control Officer may assess a fine up to the amount of five hundred dollars ($500.00).

(c) Obligation to comply with written order of seizure. When the Animal Control Officer serves the owner or caretaker with a written order of seizure, it shall be unlawful for the owner or caretaker to fail to comply with the order or interfere with the Animal Control Officer. A game warden shall accompany the Animal Control Officer to seize the animal. The Animal Control Officer may assess a fine of five hundred dollars ($500.00) for violation of this paragraph.

(d) Termination of owner's rights. If there is not a pending challenge filed in Tribal Court pursuant to the provisions outlined in Section 19-37, Cherokee Code, by the owner or caretaker, then the department shall have the authority to humanely destroy the animal or place the animal for sale to the public.

(Ord. No. 917, 9-13-2001)

Sec. 19-9. Disposal of dead animals.

(a) No person shall bury a dead animal within the territorial jurisdiction of the Eastern Band of Cherokee Indians unless it is buried at a depth of at least three feet beneath the surface of the ground within 24 hours after knowledge of the death of said animal, or to otherwise dispose of the same in a manner approved by the Animal Control Officer. It shall be unlawful to dispose of any animal in a body of water or to dispose of any animal within 300 feet of any flowing stream or public body of water.

(b) It shall be unlawful for any person to move the carcass of a dead animal from his/her premises to the premises of any other person without the written permission of the person having charge of such premises and without burying said carcass as above provided.

(c) The Director of Fish and Game shall provide for the removal and disposal of any dead animals within the territorial jurisdiction of the Eastern Band of Cherokee Indians when the owner of the animal refuses to comply with the provisions of this section or when the owner of the animal cannot be located after reasonable efforts have been made to locate the owner. If the identity of the owner can be determined, all costs incurred in the removal of such animal shall be recoverable from the owner of such animal.

(d) The term "animal" as used in this section, shall include, but is not limited to dogs, cats, poultry, swine, horses, goats, sheep, and cattle.

(e) The animal control officer may assess a fine in the amount of $100.00 for violation of this section.

(Ord. No. 917, 9-13-2001)

Sec. 19-10. Disposal of diseased animals.

(a) The Animal Control Officer, with the approval of the Director of Fish and Game, is authorized to kill diseased, sick, old, or crippled animals on the premises of the owner upon the owner's request, and to dispose of such animals. The owner shall be responsible for the cost of this and this amount shall be paid in advance.

(b) No animal known to have tuberculosis, Bang's disease, mad cow, foot-and-mouth, anthrax, rabies, or any other disease for which quarantine may be imposed, shall be removed from any premises placed under quarantine without the permission of the Director of Fish and Game or his designee. Violation of this subsection shall result in a fine of $50.00.

(c) The Director of Fish and Game shall maintain records regarding the collection and disposal of dead animals.

(Ord. No. 917, 9-13-2001)

Sec. 19-11. Transportation, sale, etc. Of diseased livestock.

(a) It shall be unlawful for any person to transport (unless for the purpose of obtaining treatment) or sell within the territorial jurisdiction of the Eastern Band of Cherokee Indians any animal with visible symptoms of a contagious or infectious disease unless written permission is first obtained from the Director of Fish and Game or his designee. The animal control officer will assess a fine in the amount of $100.00 for violation of this paragraph.

(b) The burden of proof to establish the health of any animal transported on a public highway or sold, traded, or otherwise disposed of shall be upon the owner of the animal.

(c) Any person who shall sell, trade, or otherwise dispose of any animal affected with, or exposed to a contagious or infectious disease, shall be liable for all damages resulting from such sale or trade, provided that nothing in this section shall prevent an individual who owns or who has custody of a sick animal from transporting such animal to a disease diagnostic laboratory operated or approved by the North Carolina Department of Agriculture and Consumer Services if reasonable and proper precautions to prevent the exposure of other animals or humans is taken by the owner or transporter thereof.

(d) It shall be unlawful for any person to remove before slaughter any ear tag, back tag, or other mark of identification for identifying animals for disease control purposes unless prior written authorization has been obtained from the Director of Fish and Game or his authorized representative. The animal control officer will assess a fine in the amount of $100.00 for violation of this paragraph.

(Ord. No. 917, 9-13-2001)

Sec. 19-12. Impoundment and redemption.

(a) Authorization for capture and impoundment. Animal Control Officers are hereby authorized to take or capture animals deemed by them to be included in the categories listed below, and to impound them at an Animal shelter or other appropriate location where the animal will be confined in a humane manner. Such officers may utilize a tranquilizer dart if necessary in order to capture an animal which appears to be dangerous or vicious or is not able to be captured in any other humane manner. The officer may destroy such animal if necessary to avoid a physical threat to human beings.

(1) Any animal, the possession of which is prohibited by tribal or federal law;

(2) Any animal which appears to be lost, astray or unwanted or which is found not wearing a valid tag;

(3) Animals which have been determined to have violated a public nuisance order issued by the animal control department;

(4) Vicious or dangerous animals or any other animals which have not been properly restrained in accordance with the provisions of this Chapter;

(5) Animals which constitute a safety or health hazard;

(6) Animals which were being transported by a person involved in a vehicular accident when such person becomes unable to care for or maintain control over the animal as a result of the accident and there is no responsible person present to take possession of the animal;

(7) Animals which will apparently be and have been left uncared for under various circumstances, including but not limited to the death, injury, arrest, detention or other incapacitation of the owner or keeper.

(b) Notice of impoundment. If, by tags or other identification attached to the animal or any other information given to the Animal Control Officer, the owner of an impounded animal can be identified, an Animal Control Officer or other Animal Control Facility representative shall immediately upon impoundment, notify the owner of such impoundment, either verbally or in writing.

(c) Minimum time for impoundment of animals.

(1) Unclaimed animals shall be kept at the Animal Control Facility or other appropriate location for not less than ten days after impoundment unless euthanasia prior to that time is deemed necessary or appropriate by the veterinarian advising the Animal Control Facility. (Immediate euthanasia may be deemed necessary when, for instance, an impounded animal is badly wounded or diseased and the Department has no way of identifying and/ or reaching the owner of such animal) Animals not redeemed by their owners within ten days after being taken into custody may be sold or destroyed in a humane manner by the Department, so long as there is not a pending claim filed in Tribal Court pursuant to the provisions outlined in Section 19-37, Cherokee Code.

(2) Animals which have been surrendered by the owner to the Animal Control Department to be placed in a home or destroyed in a humane manner may be disposed of without waiting ten days at the discretion of the Department.

(3) Animals which have been surrendered to the Animal Control Department by a victim of domestic violence (as defined in Section 14-40.1, Cherokee Code) or by a law enforcement officer who has responded to a domestic violence call, will be held by the Department for a maximum period of 90 days, with no charge. (At the time the animal is placed with the Department, the Department must have a signed affidavit from either the owner/keeper of the animal or a law enforcement officer stating the circumstances surrounding the placement of the animal. Such affidavit must clearly describe why placement of the animal should be covered by this paragraph.) If at the conclusion of this 90 day period the owner has not retrieved the animal, the Department may dispose of the animal.

(4) Except for situations described in Paragraph (3) above, any animal not reclaimed by its owner or keeper within ten days after impoundment shall become the property of the EBCI or its designated Animal Control Facility and shall be placed for adoption in a suitable home or humanely euthanized, as long as there is no pending claim filed in accordance with the provisions of Section 19-37, Cherokee Code. No unclaimed animal shall be released for adoption without payment of a fee which shall include the cost of a rabies vaccination as well as the cost of spaying or neutering the animal. Upon payment of this fee, the animal may be released to the adopter, provided the adopter signs a written statement guaranteeing that such animal will be taken to the designated veterinarian for such vaccination, spaying or neutering (as appropriate) within one week after the date of adoption. It shall be unlawful for the adopter to violate the terms of such agreement. Proof that the appropriate procedures have been conducted shall be submitted to the Animal Control Facility on or before the expiration of the one week period. If no such proof is received, an Animal Control Officer will be dispatched to seize the animal.

(d) Redemption of certain animals restricted or prohibited. Any animal which is prohibited pursuant to tribal or federal law, which constitutes a known safety or health hazard, which poses a known physical threat to human beings or other animals, or which, should it be released to the owner, would be kept in violation of this Chapter, shall not be released to the owner or other person and may be humanely euthanized, as long as there is not a pending claim in Tribal Court, filed pursuant to the provisions outlined in Section 19-37, Cherokee Code.

(e) Redemption procedure for impounded animals.

(1) When any animal (other than one which has been voluntarily given to the department by an owner who is no longer able to take care of it) has been impounded at the Animal Shelter, notice shall be given to the owner, if known. If the owner is not known, notice shall be posted for ten days or until the animal is disposed of (whichever is longer), on a bulletin board at the Animal Shelter, with a description of the animal and the time and place of taking said animal, together with the time and date of posting of the notice. The time for redemption of the animal shall not begin until such notice has been given or posted. The owner shall be entitled to regain possession of his animal, (unless such redemption is prohibited in other sections of this Chapter), upon compliance with the provisions of this chapter and the payment of any applicable fines or fees.
The shelter fees shall be as follows:

Adoption fee. No fee, but adopting individual must pay for cost of spaying or neutering, as well as rabies vaccination.

Boarding fee. In addition to the redemption fees listed below and any applicable fines, a boarding fee at the rate of $7.00 per day must be paid before an animal may be redeemed.

Redemption fees:
Ordinary redemption by owner

First impoundment . . .	$25.00
Second impoundment of any animal owned by same owner within a one-year period . . .	50.00
Third and subsequent impoundment of any animal owned by same owner within a one-year period . . .	75.00

Redemption by owner for animal impounded for violation of Section 19-6 or 19-7, Cherokee Code (if not prohibited by Section 12-12(d), Cherokee Code)

First impoundment . . .	$50.00
Second impoundment of any animal owned by same owner within a one-year period . . .	75.00
Third and subsequent impoundment of any animal owned by same owner within a one-year period . . .	150.00

(2) If the redeemed animal has not been vaccinated against rabies, the owner will be given a "proof of rabies vaccination card" at the time of redemption. This card will be stamped with a date stating the maximum time limit allowed to take the animal to the veterinarian of his choice for a rabies vaccination. The time limit for animals four months or older will be one week. For animals under four months, the time limit will vary according to their age. The card must be completed and returned to the Animal Shelter by the veterinarian within the stated time limit. If the card is not returned within the time limit, an Animal Control Officer will be dispatched to retrieve the animal.

(Ord. No. 917, 9-13-2001)

Sec. 19-13. Operation of pet shops, businesses for the public display of animals, boarding kennels, public auction of animals.

(a) It shall be unlawful for any person to operate a pet shop, a business for the public display of animals, a boarding kennel or to publicly auction animals without first obtaining approval from the Tribal Business Committee and a license to operate such an establishment or enterprise from the Director of Fish and Game, signed by the Executive Director of Community Services. (Persons operating existing businesses as those described above shall be granted 60 days within passage of this ordinance to obtain this license. Persons who breed animals and sell fewer than ten animals a year and operate out of their home are exempted from the requirements of this subsection.) The license, once issued, shall be valid for a period of one year and must be renewed for additional one-year periods. The Director of Fish and Game may assess a fine in the amount of $250.00 for violation of this paragraph.

(1) Licenses issued under this section are not transferable. When there has been a transfer of ownership, management, or operation of a business, the new owner, manager, or operator, whether it be an individual, firm, partnership, corporation, or other entity, shall have ten days from such sale or transfer to secure a new license to operate such business. A licensee shall notify the Director of Fish and Game within ten days of any change in the name, address, management, or substantial control of the business operation. The Director of Fish and Game may assess a penalty in the amount of $250.00 for violation of this paragraph.

(2) The Director of Fish and Game may refuse to issue or renew or may suspend or revoke such a license, if after an impartial investigation, it is revealed that:

a. The applicant has made a material misstatement in the application for the license or in the application for renewal; or

b. The applicant has willfully disregarded or violated any provisions of this chapter; or

c. The applicant has failed to provide adequate housing facilities, medical attention, exercise, or enclosures for the animal(s) or has failed to properly feed, water, or keep the animal(s) in a sanitary condition; or

d. The applicant has allowed his/her license to be used by someone other than the applicant.

(3) Prior to refusing to issue or renew a license or suspending or revoking a license, the Director of Fish and Game shall provide the applicant or license holder with written notice containing a statement which indicates why the applicant has failed to satisfy the requirements for holding a license and any corrective action that would need to be taken in order to satisfy these requirements.

(b) Restriction on display, sale, or gift.

(1) No licensee shall display, offer for sale, sell or give away any animal with obvious signs of any of the following conditions:

a. Infectious diseases such as distemper, hepatitis, leptospirosis, rabies, or other similar infectious diseases;

b. Nutritional diseases including but not limited to, rickets, emaciation, and hypo-vitaminosis;

c. Obvious signs of severe parasitism which is impacting the general health of the animal;

d. Fractures, lameness or congenital abnormalities affecting the general health of the animal;

e. Metabolic disease including, but not limited to kidney disease and diabetes.

(2) No licensee shall display any reptile, amphibian or invertebrate for sale without posting its taxonomic derivation, or display any dog under six months of age for sale without posting, in a place readily visible to the consumer where dogs are available for sale, a sign which states the following in black lettering not less than 38 point size upon a white background: "THE FOLLOWING INFORMATION IS ALWAYS AVAILABLE ON ALL OF OUR PUPPIES: THE PUPPY'S DATE OF BIRTH, CITY/TOWN AND STATE OR TRIBE OF BIRTH, THE DATE THIS PET SHOP RECEIVED THE PUPPY, THE PUPPY'S COMPLETE VACCINATION, WORMING, MEDICATION, AND TREATMENT RECORDS, AND THE PUPPY'S 14-DAY WARRANTY"

(3) No licensee shall offer for sale any animal which has not been weaned and is fully self sufficient. Unweaned animals must not be on the shop premises. The minimum age of animals for sale must be:

a. Eight weeks for dogs and cats;

b. Five weeks for rabbits;

c. Four weeks for guinea pigs; and

d. Three weeks for mice.

e. Juvenile birds must be self-sufficient and should be fully feathered (molt permitted).

(4) No licensee shall offer a dog or cat for sale unless the animal has been vaccinated at least fourteen days prior to sale to cover the following: rabies, canine distemper, infectious canine hepatitis, canine parvovirus for dogs, and infectious feline enteritis and feline respiratory disease for cats.

(5) All dogs and cats sold must have a vaccination certificate signed by a veterinarian stating that the animal has been vaccinated in accordance with the instructions of the manufacturer of the vaccine. The certificate must indicate the next date for further vaccination.

(6) A copy of an animal's complete vaccination, prophylactic and treatment records shall be given to the purchaser or adopter at the time of sale or give away, along with a notice of the 14-day warranty, and the purchaser or adopter shall sign a statement acknowledging receipt of these materials, to be kept as part of the licensee's record of sale or give away.

(c) Pet information. Purchasers of pet animals must be given literature about feeding, desexing, parasite control, health, including procedures for emergency treatment during the guarantee period, housing, and responsible pet ownership.

(d) Fourteen-day warranty. All licensees shall provide a substitution or a full refund of the purchase price of any dog or cat to any purchaser who:

(1) Within 14 calendar days of sale has the dog or cat examined by a licensed veterinarian of his or her choice, and the examination indicates the dog or cat is diseased or has a congenital disorder; and

(2) Presents the dog or cat, a veterinarian's written statement that the dog or cat is diseased or has a congenital disorder, and proof of sale within five business days of the date of the examination.

(e) Licensees who sell or give animals away shall display the warranty outlined above in a prominent position on a wall of the shop.

(f) Licensees shall maintain records on all animals (for a period of one calendar year following the sale or disposal of such animal) showing the following:

(1) Origin of animals (including names and addresses of consignors) and date animals were received;

(2) Description of animals, including species, age, sex, breed and color markings;

(3) Disposition of animals including name and address of person to whom animal is sold, traded, or adopted; if euthanized, record will show date and type of euthanasia;

(4) Record of veterinary care including treatments and immunizations;

(Ord. No. 917, 9-13-2001)

Sec. 19-14. Records.

It shall be the duty of the Department to maintain accurate and detailed records of:

(1) Impounded animal;

(2) Animals redeemed by owners or disposed of by the Animal Shelter by euthanasia or adoption;

(3) Bite cases, violations and complaint investigations;

(4) Reports of positive diagnosis of rabies;

(5) Records of quarantine measures taken;

(6) Records of all violations committed under this chapter, including date of violation, name and address of owner or keeper of animal, written orders issued, and actions taken;

(7) Records of all licenses issued to persons operating pet shops, businesses for the public display of animals, boarding kennel, or auction business, as specified in Section 19-13, as well as all records of complaints, investigations, or administrative action taken to deny, revoke, or suspend such licenses;

(8) All other records deemed necessary by the Executive Director of Community Services or by the Community Services Committee.

(Ord. No. 917, 9-13-2001)

Sec. 19-15. Caging of animals.

(a) It shall be unlawful for any person or business enterprise to cage wild animals within the territorial jurisdiction of the Eastern Band of Cherokee Indians except in compliance with this Chapter as well as with the Animal Welfare Act, Pub. L. 91-579, 7 U.S.C. 2131-2156, and all federal regulations promulgated thereunder.

(b) Violation of this section shall result in a fine not to exceed $5,000.00.

(Ord. No. 917, 9-13-2001)

Sec. 19-16. Black bears.

The minimum standards for facilities used for captivity of legally acquired bears shall include the following:

(1) Enclosure. The bear must be maintained in a stationary, permanent metal cage constructed of iron or steel bars at least one-fourth inch in diameter, or of heavy gauge chainlink steel fencing, of dimensions not less than eight feet by 12 feet by six feet. The gate of such cage shall be equipped with a lock or with a safety catch. The cage shall have a concrete floor in which there shall be a drainable pool at least 11/2 feet deep containing not less than 18 square feet. There shall be running water provided immediately adjacent to the cage to provide for flushing the floor and for changing the pool during hot weather. The cage shall be located within a shaded area during the mid-day and afternoon hours of the summer months. The cage shall also include a den not smaller than five feet by five feet by four feet, which shall be constructed in such a manner that it may be cleaned regularly.

(2) Sanitation. The floor of the cage shall be flushed daily with clean water. The enclosed den shall be flushed weekly. Disinfectant shall be used to flush the entire cage and den every 60 days. The cage shall have a removable food trough which shall be cleaned daily. Adequate food shall be available to the bear at all times.

(3) Prohibited acts. It shall be unlawful to use collars, chains or stakes to confine a bear except as a temporary safety device. The use of lumber or timber in the outer cage shall be strictly prohibited.

(4) Recommendations. It is recommended, but not required, that the cage be constructed with two compartments, being separated by a sliding door. There should be guardrails constructed outside the cage, a minimum of three feet from the cage. There should be a "scratch log" of sizable limb with branched stubs contained inside the cage.

(5) Enforcement. These minimum standards shall be enforced by the Cherokee Police Department, the Cherokee Fish and Game Management Program or the Department of Agriculture.

(6) Violation of this section shall result in a fine not to exceed $5,000.00.

(Ord. No. 917, 9-13-2001)

Sec. 19-17. Fencing cattle.

(a) Individuals who have cattle shall erect and maintain fences on their holdings to enclose the cattle.

(b) Violation of this section shall result in a fine of $50.00.

(Ord. No. 917, 9-13-2001)

ARTICLE II. ANIMAL DRAWN VEHICLES

Sec. 19-18. Permit to operate.

No person shall operate an animal-drawn vehicle for tours by the general public without a permit from the Business Committee. Such permits shall be limited to enrolled members of the Eastern Band of Cherokee Indians. Any violation of the standards set forth in this article shall be grounds for suspension or termination of the permit. In addition, the animal control officer may assess a fine for violation of any of the provisions of this article.

(Ord. No. 917, 9-13-2001)

Sec. 19-19. Operating specifications.

Animal-drawn vehicles shall adhere to the following operating specifications during the hours of operation:

(1) Vehicles shall travel in the curb lane except when passing parked vehicles or other obstructions which prevent use of the curb lane.

(2) Vehicles shall not travel on streets or roads with grades equal to or greater than ten percent.

(3) Vehicles shall not stop within the roadway other than at designated loading and unloading areas except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

(4) Vehicles shall observe all applicable rules of the road as required for motor vehicles.

(Ord. No. 917, 9-13-2001)

Sec. 19-20. Route system.

A proposed detailed route system of an animal-drawn vehicle for hire shall be submitted to the Tribal Police Department for review, recommendation and approval. The Police Department shall designate streets and hours of the day that animal-drawn vehicles will be prohibited. A route system shall be submitted for each vehicle to be placed into operation. This detailed route system shall include the following information:

(1) The hours of operation for the vehicle.

(2) The days of the week the vehicle will be in operation.

(3) The duration of the operation, i.e., summer only or year-round

(4) All locations for loading and unloading passengers.

(Ord. No. 917, 9-13-2001)

Sec. 19-21. Health of the animal.

No animal shall be permitted to pull any vehicle for hire unless the animal is in good health and meets at least the following requirements:

(1) The animal must be at least 30 months old.

(2) The animal must weigh no less than 900 pounds.

(3) The animal shall have no open sores or wounds, shall not be lame or have any other ailment. Any animal found to have an ailment shall not be used without the approval of an approved veterinarian.

(4) The animal must be groomed daily and not have fungus, a dirty coat or show symptoms of illness or irritation.

(5) The animal must have adequate flesh and muscle tone. The ribs showing on the animal must be no deeper than one-fourth inch.

(6) The animal must be no more than six months pregnant.

(Ord. No. 917, 9-13-2001)

Sec. 19-22. Animal working conditions.

(a) No animal used as provided in this article shall be worked under any of the following conditions, and any owner allowed to let the conditions exist will be found in violation of this article if any of the following occur:

(1) The animal or combination of animals shall not pull any combined weight, including passengers and driver, in excess of two times the animal's body weight. No animal or combination of animals shall pull any vehicle which is occupied by a number of persons which exceed such vehicle's normal safe seating capacity;

(2) The animal works more than ten hours in any 24-hour period without at least one 20-minute rest break or two ten-minute rest breaks per hour;

(3) The animal pulling a vehicle for hire is moving at a speed faster than a slow trot. A slow trot means a speed of five to 15 miles per hour.

(4) The animal works more than 50 hours in any seven-day period or the animal works more than five consecutive days;

(5) The animal is worked with equipment, other than normal blinders, which causes an impairment of vision; or

(6) The animal is subjected to any condition or treatment which will impair the good health and physical condition of the animal.

(b) For purposes of this section, working hours of animals shall include time spent on rest breaks and all the time animals are available for hire.

(Ord. No. 917, 9-13-2001)

Sec. 19-23. Use of harness.

(a) Under this article, no animal will be worked without a padded saddle or bit.

(b) The harness must be oiled and cleaned so as to be soft at all times.

(c) The harness will be properly fitted and maintained and kept free of makeshift material such as wire, sisal rope and hazardous rusty chain.

(Ord. No. 917, 9-13-2001)

Sec. 19-24. Use of whips.

No driver of an animal-drawn vehicle for hire may whip an animal with more than a light touch by a light whip.

(Ord. No. 917, 9-13-2001)

Sec. 19-25. Apron bags.

No animal shall pull a vehicle for hire unless such animal is wearing an apron bag (manure catcher). Apron bags must be properly fitted and constructed of a sturdy material to ensure comfort to the animal and complete waste disposal.

(Ord. No. 917, 9-13-2001)

Sec. 19-26. Shoes.

No animal shall be used to pull a vehicle for hire without properly fitting shoes on each properly trimmed hoof. Should an animal throw a shoe during its shift, the hoof must be examined by the driver and any nails removed. If the animal's hoof is grown more than one-fourth inch from the quick, the horse may complete the shift, but must be shod prior to the next day's shift.

(Ord. No. 917, 9-13-2001)

Sec. 19-27. Water.

Adequate water for animals pulling vehicles for hire will be provided in the stables at all times and in working areas as often as needed and as climate and working conditions require.

(Ord. No. 917, 9-13-2001)

Sec. 19-28. Stalls and stables.

(a) Ventilation and fresh air shall be provided in stalls housing animals used to pull vehicles for hire so as to minimize drafts, odors, and moisture condensation.

(b) Ceilings in stalls and stables must be at least ten feet high from bedding flooring.

(c) Bedding stalls and stables shall be highly absorbent and comfortable, if in direct contact with the animal and shall be provided as follows:

(1) Bedding shall be deep enough so as not to show wetness under the pressure of the animal.

(2) Bedding so used shall not be a type that will harm or in any way be a discomfort to the animal.

(3) Bedding shall be deep enough to provide warmth to the animal.

(4) Surfaces, including floors, with bedding shall be free of odor and waste and shall be cleaned and disinfected regularly.

(d) Stalls and stables shall be structurally sound and maintained in good repair to protect the animals from injury, and to contain them.

(e) Stalls and stable floors or surfaces shall be constructed and maintained to protect the animal's feet and legs from injury.

(f) Stalls and stable floors or surfaces shall be constructed and maintained so as to enable the animals to remain dry and clean.

(g) Stalls shall be constructed and maintained to provide sufficient space to allow each animal to turn about freely and to easily stand, sit or lie in a comfortable, normal position.

(h) Stalls and stables shall be constructed and maintained so that the animals contained therein have easy access to food and water, and such food and water shall be kept free of contamination.

(i) Stalls and stables shall be kept sanitary and receive periodic cleaning to remove feces and other waste materials, including trash and dirt, so as to minimize disease hazards and reduce odors.

(Ord. No. 917, 9-13-2001)

Sec. 19-29. Additional powers of animal control department.

(a) Whenever any animal-drawn vehicle is operated for commercial purposes to provide rides to the general public, the fitness of the animal for the work and its humane treatment shall be subject to the supervision of the Animal Control Department, who shall have the power to determine:

(1) Physical fitness of the animal and limitation on work and conditions of work;

(2) Condition and fitness of the harness;

(3) Care and treatment of such animals, and

(4) Emergency conditions of animals, if unfit to pull vehicles for hire.

(b) The Animal Control Department shall direct the inspection of such animals at least once every three months.

(Ord. No. 917, 9-13-2001)

Sec. 19-30. Removal of an animal from service for violation.

(a) Upon discovery of a violation of any section in this article relating to animal-drawn vehicles for hire, the Animal Control Department may issue an order to the person responsible for the violation requiring the removal of the subject animal from service.

(b) No animal which has been removed from service for violation of this section shall be returned to service until the animal has been inspected by the Animal Control Department and approved for return to service in writing.

(c) Any person who refuses to comply with the order of the Animal Control Department, or who complies with the order and returns the animal to service before being inspected and approved by the Animal Control Department, shall be subject to a fine, as well as revocation of its authority to operate a commercial animal-drawn vehicle.

(Ord. No. 917, 9-13-2001)

Sec. 19-31. Condition of vehicles.

(a) Vehicles for hire pulled by animals must be properly lubricated and wheels must spin freely. Such vehicles for hire must be inspected and approved in writing for service by the Cherokee Police Department every 12 months, and are subject to removal of service pending repair and reinspection.

(b) Animal-drawn vehicles operated commercially for hire by the general public shall conform to the following vehicle specifications:

(1) The wheel base shall be equal to or less than 14 feet.

(2) The total overall length of the vehicle shall be equal to or less than 28 feet.

(3) The maximum overall width of the vehicle shall be equal to or less than 78 inches.

(4) The tires shall be rubber or other resilient material. Metal tires shall be prohibited.

(5) Vehicles shall be equipped with hydraulic brakes.

(6) The vehicle shall be drawn by no more than two animals.

(7) Vehicles shall be equipped with one red light on each outer extremity of the rear of the vehicle body and mounted between two and five feet above the road surface. Similarly mounted yellow lights shall be mounted on the front of the vehicle body. Each light shall be no less than four inches in diameter. Vehicles shall also be equipped with a slow-moving vehicle emblem.

(8) Vehicles shall have canopy protection from sun and rain.

(9) Vehicles shall be reasonably accessible to disabled passengers.

(Ord. No. 917, 9-13-2001)

Sec. 19-32. Trailers.

Any trailer or vehicle involved in transporting animals governed in this article must be in good working order and must be near the working location to provide speedy removal of any animal in an emergency situation.

(Ord. No. 917, 9-13-2001)

Sec. 19-33. Drivers.

Drivers of animal-drawn vehicles shall comply with the following:

(1) Drivers must have a working knowledge and general experience involving livestock and driving carriages or animal-drawn vehicles.

(2) Drivers must be 18 years old or older.

(Ord. No. 917, 9-13-2001)

Sec. 19-34. Alcohol or controlled substances.

(a) No driver shall operate an animal-drawn vehicle while under the influence of alcohol, controlled substances, or prescription drugs that may impair the driver.

(b) Passengers who are visibly under the influence of alcohol or controlled substances shall not be permitted to ride.

(c) No person shall consume alcohol or controlled substances while operating or riding in an animal-drawn vehicle.

(Ord. No. 917, 9-13-2001)

Sec. 19-35. Insurance.

Businesses operating animal-drawn vehicles shall maintain insurance coverage for the protection of drivers, passengers and other users of the public roadways in an amount not less than $1,000,000.00. Proof of insurance shall be provided to the Business Committee annually.

(Ord. No. 917, 9-13-2001)

Sec. 19-36. Fines.

The Department may assess a fine for any violation or violations of this Article, i.e. animal drawn vehicles, and such fine will be a minimum of $50.00 and will not exceed $5,000.00.

(Ord. No. 917, 9-13-2001)

Sec. 19-37. Appeals.

(a) No animal held by the Department shall be placed for adoption, euthanized, or otherwise disposed of until a minimum of ten days has elapsed from the time the Department gained possession of the animal (unless immediate euthanasia has been deemed necessary or appropriate by the veterinarian advising the Department). During this ten-day period, the owner or caretaker will have an opportunity to file a small claims action in Tribal Court for recovery of the animal only. In no case will the Court be authorized to award monetary damages to the owner. The person filing the small claims action will be responsible for immediately notifying the Department in writing that such action has been filed. Such notification must be received by the Director of Fish and Game (or his designee) on or before the expiration of the ten-day period. If such an action is filed in tribal court within the ten-day period and the Department has been properly notified by the party filing the action, the Department will take no further action regarding the animal until the Court proceeding is concluded. Any action taken by the Department will be in compliance with the Court's Order.

(b) The party filing the small claims action will be responsible for payment of any costs associated with the impoundment of the animal for all time spent in impoundment, both before and after the action is filed, if he/she does not prevail in his/her appeal to the court.

(c) If the filing Party prevails in his/her appeal to the Court, he or she will not be responsible for the cost of any applicable impoundment.

(d) Nothing in this law shall be construed as a waiver of the Tribe's sovereign immunity.

(Ord. No. 917, 9-13-2001)

Sec. 19-38. Criminal penalties.

In addition to any administrative fines assessed by the Animal Control Department pursuant to this chapter, violation of any provisions in this Chapter may, depending upon the circumstances and the severity of the violation, also result in criminal penalties, including a fine of up to $5,000.00, a term of imprisonment not to exceed one year, or both. In addition, the court may order a defendant who is found guilty to pay restitution to the victim(s) of the crime. An order of restitution shall be subject to enforcement as a debt to the Tribe, along with any fine imposed by the court, and the restitution shall be distributed by the court to the victim(s) of the crime.

(Ord. No. 917, 9-13-2001)

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