11 MLBSA CHAPTER 4
DOMESTIC ANIMALS
Subchapter 1

DOG ORDINANCE

The prior 11 MLBSA Chapter 4, Sections 3001 through 3009 is hereby repealed in its entirety and replaced by this Ordinance.

PREAMBLE: The Mille Lacs Band of Ojibwe recognizes that the Reservation has a large population of dogs on the reservation. To contain the dog population, the Band Assembly hereby enacts a Dog Ordinance for the purpose of providing public safety to individuals and their property within the jurisdiction of the Non-Removable Mille Lacs Band of Ojibwe. In furtherance of this law, the Mille Lacs Band encourages Band Members to have their dogs either spayed or neutered at the earliest appropriate age of the animal.

§ 3001. Definitions.

For the purpose of this subchapter, the terms in this section have the following meanings:

(a) Abandoned means an instance when any person dumps, drops off, or completely gives up the control and care of any dog with the intent to abandon the dog.

(b) Band Lands means (a) lands owned by the Mille Lacs Band of Ojibwe Indians; and (b) lands owned by the United States of America in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians or one or more members of the Mille Lacs Band of Ojibwe Indians, and subject to the jurisdiction of the Mille Lacs Band.

(c) Bodily injury means injury that involves physical pain and suffering to any person, scarring or disfigurement of a person, or a bone fracture.

(d) Dog means any animal within the canine family, wild or domesticated.

(e)(1) Dangerous Dog means any animal as identified in (d) above that:

(A) has without provocation, inflicted bodily injury on any person; or
(B) has without provocation, killed or seriously injured a domestic animal while outside the dog owner’s property line; or
(C) has been determined to be “potentially dangerous” dog as defined in this subchapter, and after the dog owner is given notice that the dog is “potentially dangerous,” the dog bites, attacks or threatens the safety of humans or other domestic animals; or
(D) has a contagious or infectious disease that humans or other domestic animals may contract is exposed to that animal.

(2) A dog may not be declared dangerous if the threat, injury or damage was sustained by a person who:

(A) at the time was committing a willful trespass or other unlawful conduct upon the premises occupied by the owner of the dog; or
(B) was intentionally provoking, tormenting, abusing, or assaulting the dog; or
(C) was committing or attempting to commit a crime.

(f) Dog Enclosure means any securely confined house or residence, or a securely enclosed and locked pen or structure suitable to prevent the animal from escaping so as to provide humans or other animals with protection from the dog.

(g) Owner means any person(s) possessing, harboring, keeping, having an ownership interest in, or having custody or control of the dog.

(h) Potentially Dangerous Dog means any animal identified in (d) above that:

(1) is not registered with the Mille Lacs Band of Ojibwe Indians, Dept. of Public Safety; or
(2) is not tagged with a current Rabies tag showing vaccination against rabies; or
(3)when unprovoked, chases or approaches a person on any property in an aggressive manner; or
(4) has a known propensity or disposition, as indicated by sworn statements from at least two adults, to attack or threaten the safety of humans or domestic animals; or
(5) is running loose anywhere on Band Lands.

(i) Provocation means that which arouses, moves, causes or irritates. Such conduct or actions tend to arouse rage, resentment or fury in another person or animal.

(j) Tribal Enforcement Officer means any Department of Natural Resources warden, Tribal Police Officer or any person designated as the MLBO dog catcher.

§ 3002. Registration, Rabies Vaccination Requirement.

(a) Requirement. All dogs present on the Mille Lacs Band of Ojibwe Reservation or Band owned fee land, must be registered with the Mille Lacs Band, Dept. of Public Safety, within 14 days such dog is present on Band Lands.
(b) Issuance of Certificate. The Mille Lacs Band, Dept. of Public Safety, shall issue a Certificate of Registration to the Owner and maintain a copy of such Certificate of Registration.
(c) Rabies Vaccination. All dogs present on the Mille Lacs Band of Ojibwe Reservation or Band owned fee lands, over six (6) months of age, must be vaccinated against Rabies each and every year. The Owner must show proof of vaccination to the Dept. of Public Safety at the time they register their dog(s) or bring such proof into the DPS office within 14 days of registration. All dogs on the reservation must be collared and tagged with a current Rabies Tag. Owners must show proof of rabies vaccination to DPS on an annual basis or be subject to fines and other penalty of law.

§ 3003. Confiscation of Dangerous Dogs.
(a) Any Tribal Enforcement Officer shall pick up or confiscate any dog on the Mille Lacs Band of Ojibwe Reservation if:

(1) the dog is running loose; or
(2) the dog is not maintained in a proper enclosure; or
(3) the dog is outside the proper enclosure and is not under the physical restraint of a responsible and able person as required in 11 MLBSA § 3001(f); or
(4) the dog is not maintained in a proper enclosure, is outside the owner’s property line and the officer has probable cause to believe that an aggressive act is imminent and dangerous to the public; or
(5) the dog is noticeably disease; or
(6) the dog is running loose and is chasing deer or livestock.

(b) Posted Signs. Any Band Member who keeps a potentially dangerous dog must post a “Beware of Dog” sign on the Dog Enclosure and/or property so as to be clearly visible to the public.

§ 3004. Fines.
(a) Any Band Member who fails to register a dog with the Mille Lacs Band, Dept. of Public Safety or provide proof of rabies vaccination shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, the Band Member is found guilty of such charge, a fine shall be issued, as follows:

(1) first offense, an Order to register and/or tag the dog(s) shall be issued;
(2) second offense, an Order to register and/or tag the dog(s) and a fine in the amount of $25.00 shall be issued;
(3) third offense, an Order to remove the dog(s) from Band Lands and a fine in the amount of $50.00 shall be issued.

(b) Any Band Member who fails to post a “Beware of Dog” sign in violation of § 3003(b) of this statute shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, the Band Member is found guilty of such charge, a fine shall be issued, as follows:

(1) first offense, an Order to post the sign and a fine in the amount of $25.00 shall be issued;
(2) second offense, an Order to post the sign and a fine in the amount of $50.00 shall be issued;
(3) third offense, an Order to remove the dog(s) from Band Lands and a fine in the amount of $75.00 shall be issued.

(c) Liability for Medical Expenses. Any Band Member whose dog(s) bites, without provocation, any person inflicting bodily injury, shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, the Band Member is found guilty of such charge, a fine in the maximum amount of $250.00 shall be issued and medical costs assessed against him/her. If the same dog, without provocation, bites another person or the same person for a second time, the dog shall be destroyed and a maximum fine of $500.00 shall be issued against the Owner.

§ 3005. Abandoned Dogs.
(a) It is unlawful for any person to abandon a dog or dogs on Band Lands.
(b) Any dog that is abandoned may be taken to the nearest Animal Shelter or otherwise disposed of by the Tribal Officer.
(c) If a Tribal Enforcement Officer views a dog wandering the roads, parking areas or other public areas without a current rabies tag, he/she may presume that the dog is abandoned.
(d) Any person found guilty of abandonment of a dog(s) on Band Lands shall be billed for all removal costs and/or all costs for destruction of the animal.
(e) Any person who violates this section, except as otherwise stated, shall be subject to a maximum fine of $500.00.

§ 3006. Civil Causes of Action.
(a) Nothing in this chapter shall prevent an individual from pursuing a civil cause of action for injuries sustained from a dog bite or attack.

§ 3007. Jurisdiction.
(a) The Mille Lacs Band of Ojibwe Court of Central Jurisdiction shall have jurisdiction over all actions pertaining to the Dog Ordinance.

§ 3008. Sovereign Immunity.
Nothing in this chapter shall be construed as a waiver of sovereign immunity of the Non-Removable Mille Lacs Band of Ojibwe.

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Mille Lacs Band of Ojibwe | 43408 Oodena Drive | Onamia, MN 56359 Government Center Phone: (320) 532-4181