Chapter 11.25 ANIMAL CONTROL

The purpose of this chapter is to provide regulations within the jurisdiction of the Chehalis Tribe to control animal conduct so that such conduct will not constitute a public nuisance or threaten the health and safety on Tribal lands; provide a means of identification of dogs, cats and other pet animals within Tribal lands in case of injury or unlawful conduct; establish guidelines for those who are responsible for animals; and provide a program of enforcement through the Tribal Law Enforcement Department, or other persons designated such authority. The fees, charges and penalties collected hereunder shall be budgeted to defray, in whole or in part, the expense of such regulation. Donations and voluntary fees shall be retained in a special fund at the Tribal Accounting Department for animal control and be known as the “Animal Control Fund.” These funds may be used for training, education, capital expenditures and animal care. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.1.010.]

11.25.020 Jurisdiction.

The Tribal Court is vested with the exclusive jurisdiction to hear all matters that arise under this chapter. This chapter applies to all persons residing within the jurisdiction of the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.1.020.]

11.25.030 Responsibility for animals.

Any person who owns, keeps, harbors, or has under his control any animal or livestock shall be responsible for:

A. Damage to persons or property caused by the animal or livestock; and

B. Providing proper medical care, vaccinations, food, water, shelter, and reasonable supervision for the animal or livestock. [Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.2.010.]

11.25.040 Definitions.

For purposes of this chapter, unless otherwise expressly provided, the following definitions apply:

“Adult” means a dog or cat over the age of seven months.

“Altered” or “alteration” means surgically sterilizing an animal by neutering or spaying the animal.

“Animal” includes, but is not limited to, dogs or cats.

“Animal control officer” means the Chehalis Tribal Police Chief or his designee.

“Animal shelter” means a place provided and operated under the Law Enforcement Department for the impoundment, care and euthanasia of dogs, cats and other pet animals.

“Barking, howling or yowling pet animals” means any pet animal, which by frequent or habitual howling, yowling, yelping or barking constitutes a nuisance.

“Bite” or “bitten” means the slightest penetration of the skin, marks, scratches, swelling, redness, or imprints caused by the teeth of a dog or cat.

“Cat” means any animal of the feline family, male or female, natural or altered.

“Dangerous dog” means any dog that according to the records of the Law Enforcement Department has been so deemed.

“Destruction” means humane euthanasia or other methods.

“Dog” means any animal of the canine family, male or female, natural or altered, but does not include a dog used to assist law enforcement.

“Harbor” means a person keeping an animal within the meaning of this chapter when such person is the occupant of any premises on which an animal remains or to which it customarily returns for food and care.

“Leash” includes a cord, thong, rope or chain by which an animal is controlled.

“Owner” means one who is the owner of or responsible for any animal.

Nuisance. Any domesticated animal that destroys or causes damage to public or private property not of its owner may be declared a “nuisance” by the Tribal Police Chief. Such a declaration will be based upon a valid complaint in writing that has been investigated by the animal control officer.

“Run at large” means the presence of any dog or cat at any place except upon the premises of the owner unless such dog is controlled by a leash, voice, or otherwise, but an animal within a vehicle of its owner or keeper shall be deemed to be upon the owner’s or keeper’s premises.

“Vicious or dangerous” means a dog or cat that: (1) has previously bitten any person or domestic animal; or (2) has a known propensity, tendency, or disposition to attack unprovoked; or (3) is, or has been, trained to inflict injury.

Where a term is not defined in this chapter, it shall be given its ordinary meaning in harmony with this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.3.010.]

11.25.050 Administration and enforcement.

Administration and enforcement of this chapter shall be the responsibility of the Tribal Police Chief. The Police Chief shall be authorized to:

A. Operate or cause to be operated animal shelters and/or pounds as may be required;

B. If necessary, select, train, hire, assign added duties to current staff or retain animal control officers who will enforce the provisions of this chapter;

C. Make investigations of complaints regarding animal misconduct occurring within the Tribe’s jurisdiction;

D. Provide for administration, issuance and re-issuance of registration, license fees, and other charges as provided herein. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.4.010.]

11.25.060 Delegation of authority.

In carrying out the responsibilities of this chapter, the Police Chief may, in his discretion:

A. Delegate all or part of his responsibilities to a competent agency or agencies;

B. Appoint an animal control officer or assign added duties to a current officer who is to be responsible to the Police Chief to enforce this chapter;

C. Negotiate contracts or agreements with agencies or facilities to aid in the execution of the responsibilities of the Police Chief;

D. Specially deputize individuals over the age of 21 with a clean record, but only for the specific purpose of enforcement of animal control regulations. The employment status will be only under contract services that can be terminated at the discretion of the Business Committee once the job has been deemed complete.

E. Housing Authority Dog Round-Up Authorized. The Police Chief in coordination with the Chehalis Tribal Housing Authority Director can authorize a periodic round-up of all dogs who are roaming or running at large. This authority is granted in addition to the power to have individual animals impounded under this chapter. Notice to the Tribal community shall be prominently posted prior to any round-up and instructions for claiming the animals shall be prominently posted immediately after such impoundment. Animals impounded in the round-up shall be handled in the same manner as those impounded under this chapter. [Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.4.020.]

11.25.070 License required.

It shall be unlawful for any person to own, keep, maintain, harbor or have control of a dog or cat, whether confined or not, within the Tribe’s jurisdiction without having a current license tag. The owner of a dog or cat shall attach the license tag to a substantial collar or harness which shall be worn by the dog or cat at all times. It shall be unlawful for any person other than the owner, his agent, or a Tribal official to remove a collar or license tag from the animal. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.010.]

11.25.080 Registration required.

All such dogs and cats must be registered before a license may be issued. Each registration shall consist of a serial number, the owner’s name, address and telephone number, and the dog or cat’s name, color, breed, sex and rabies vaccination certificate number. The Law Enforcement Department shall maintain a current record of all licenses issued, which will correspond to a registration number. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.020.]

11.25.090 Rabies vaccination certificate required.

Before any dog or cat may be licensed or registered, the owner shall have the animal vaccinated against rabies. Evidence of such rabies vaccination shall consist of a certificate signed by a licensed veterinarian issued within one year. Permanent licenses issued to elders pursuant to CTC 11.25.170 must comply with this requirement. [Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.030.]

11.25.100 Reserved.

[Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.040.]

11.25.110 Failure to register and license.

All dogs and cats not so registered and licensed shall be considered unlicensed animals and subject to a civil fine and/or impoundment as prescribed in CTC 11.25.240. A new tag upon payment of a nominal replacement fee must immediately replace any lost, stolen or damaged license tag. [Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.050.]

11.25.120 License not transferable.

Dog or cat licenses are not transferable from one animal to another but may be transferred from an original owner to a new owner; provided, that the new owner registers the dog or cat pursuant to CTC 11.25.080. In no event are permanent licenses issued to elders transferable to another animal or person. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.060.]

11.25.130 Issuance of registration and license.

The Law Enforcement Department and/or any agents authorized by the Business Committee will register and issue licenses pursuant to CTC 11.25.070 and 11.25.080. In the event another agent is authorized to register and issue licenses, they shall forward the monetary fee together with all pertinent data to the Tribal law enforcement. Tribal law enforcement shall keep a master record of all dogs and cats registered and licensed in the Tribe’s jurisdiction. All proceeds associated with implementing this chapter, including licensing fees, enforcement, and civil fines, shall be deposited into a separate account with the Tribal general fund. Any proceeds may be used to defray the costs of impounding stray animals, encouraging alterations and vaccinations, or otherwise implementing this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.070.]

11.25.140 Purchase of license.

All dog or cat licenses shall be obtained by paying the required license fee in the amounts and within the time limits as provided in this chapter to the Chehalis Tribal Law Enforcement Department or its designated agent. The license is valid for up to one year from the date of issuance and must be renewed on or before July 1st of each year. (For example, a new license issued on December 31, 1995, would expire on July 1, 1996; a new license issued on July 2, 1995, would expire on July 1, 1996.) Annual license fees, which have not been paid by July 31st, are subject to a late fee of $10.00 per animal. No late fee shall be charged on a new license if:

A. The person submits proof that he has owned the animal for less than 30 days;

B. The owner has moved to the Tribe’s jurisdiction within the preceding 30 days;

C. The animal is currently, or has been within the preceding 30 days, less than seven months of age;

D. The owner purchases the license voluntarily, prior to being found in violation of this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.080.]

11.25.150 Ownership limits.

No person or persons residing in the same household may obtain more than:

A. One dog or cat license if residing in Tribal housing; or

B. Three dog and two cat licenses, if residing outside of Tribal housing.

C. No dogs related to the breed of animal known as a pit bull, or any other vicious or dangerous animals, are allowed on Tribal housing property. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2001-06B; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.090.]

11.25.160 Fees.

The fees for licensing dogs and/or cats shall be as follows:


A. Unneutered or unspayed animals	$75.00 per animal $25.00 annual renewal
B. Neutered or spayed animals	$20.00 per animal $10.00 annual renewal

In order to receive the fee advantage for altered dogs and cats, a person must provide either proof of alteration from a licensed veterinarian or a written statement from a licensed veterinarian that the spay/neuter procedure would be harmful to the animal. A dog or cat that is proven to be newly acquired or became an adult after July 1st of the calendar year shall be subject to one-half the normal fee. In addition to the normal fees, any persons owning more than the maximum number of dogs or cats must purchase an annual “kennel” permit for a fee to be determined. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 2001-06B; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.100.]

11.25.170 Elders.

Elders 50 years or older may pay the normal fee to obtain a permanent dog or cat license, which will be valid for the lifetime of the animal. Permanent dog or cat licenses are subject to all other provisions in this chapter including CTC 11.25.080 (annual registration), CTC 11.25.090 (proof of rabies vaccinations) and CTC 11.25.120 (license not transferable). [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.5.110.]

11.25.180 Violations.

It is unlawful for the owner or keeper of any dog or cat to cause, permit, or allow any dog or cat he or she owns or which is under his or her control to:

A. Run at large within the Tribe’s jurisdiction;

B. Trespass on private or Tribal property so as to damage or destroy any property or thing of value;

C. Chase, run after, or jump at vehicles or bicycles lawfully using public streets or ways;

D. Habitually bark, howl, yelp or make other loud noises that unreasonably disturb the peace and quiet of another person;

E. Scatter garbage on any property;

F. Defecate on any property that does not belong to the animal’s owner;

G. Obstruct or hamper traffic on a public street or way;

H. Bite, snap, snarl, growl, jump upon or otherwise threaten persons lawfully on the public streets, sidewalks or property not of the owner;

I. Harass or chase livestock;

J. Injure another person, domestic animal, or livestock, that is acting in a lawful manner. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.6.010.]

11.25.190 Leash required.

All dogs or cats not on the property of the animal’s owner shall be physically restrained by a leash of not more than eight feet in length, or otherwise, by a person physically able to control the animal. A leash may not be required if the owner or keeper is present and the animal is under voice control, which can be demonstrated to a law enforcement officer or his agent; provided, however, an animal must be restrained by a leash at all times when the animal is on any Tribal enterprise or Tribal Center property. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.6.020.]

11.25.200 Dogs or cats in heat.

Any owner or keeper of a female dog or cat in heat shall confine the animal in a building or secure enclosure in such a manner that such female dog or cat cannot come in contact with a male of the species, except for planned breeding. [Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.6.030.]

11.25.210 Quarantine of biting dogs or cats.

Any dog or cat known to have bitten a person so as to cause abrasion of the skin or that appears to be infected with rabies shall be closely confined in a suitable enclosure or restrained by a substantial metal chain by its owner for a period of 10 days or as may be required by the Tribal Law Enforcement Department or its delegated agent. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.6.040.]

11.25.220 Destruction of dogs or cats that have bitten twice.

Any dog or cat that has bitten a human twice must be removed from the Tribe’s jurisdiction immediately or it shall be humanely destroyed by the Tribal Law Enforcement Department or its delegated agent. The Tribal Court may order any animal to be immediately destroyed or removed from the Tribe’s jurisdiction if the animal has inflicted serious injury upon a person. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.6.050.]

11.25.230 Vicious animals running at large.

A. Any person owning or keeping a dog related to the breed of animal known as the pit bull, or any other animal known to possess any vicious or dangerous tendencies, who allows the animal to escape or run at large in any place or manner which poses a direct threat to the safety of any person or domestic animal shall be liable for any damages and subject to a civil fine up to $250.00.

B. Any person owning or keeping a dog related to a pit bull or any other animal known to be vicious or dangerous shall securely confine such animal indoors or in a pen or structure upon the owner’s or keeper’s premises. In addition, such owner or keeper shall place signs around his property warning the public of such animal. An owner or keeper in violation of this provision shall be liable for any damages and subject to a civil fine up to $250.00.

C. Any person may lawfully kill such animal when immediately necessary to protect his own or the public safety. [Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.6.060.]

11.25.240 Penalties for violation.

A. Any dog or cat causing an owner or keeper to be in violation of any provisions of this chapter is declared to be a public nuisance and may be immediately seized and impounded as described herein at CTC 11.25.270 through 11.25.290;

B. The owner or keeper of said dog or cat in subsection A of this section shall be subject to a civil fine of $25.00 per act or violation;

C. In addition to the civil penalty for violation of this chapter, the owner or keeper of such animal shall be personally liable for the cost of impoundment or destruction, and related expenses, damages and fees, resulting from enforcement of this chapter;

D. Nothing in this section shall be construed to bar criminal prosecution or civil liability in damages for conduct for which a civil penalty or other liability is sought or imposed. [Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.7.010.]

11.25.250 Notice of infraction – Procedure.

A Tribal law enforcement officer, or a designated agent, is authorized to issue a notice of infraction for violation of this chapter. The notice of infraction citation shall state the section of this chapter violated and the amount of the penalty. All other civil procedures as prescribed under Civil Traffic Infraction Procedure, Chapter 7.10 CTC, insofar as possible, shall apply. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.7.020.]

11.25.260 Complaints – Procedure.

Any person observing a violation of this chapter may report such violation to Tribal law enforcement and/or file a civil complaint with the Court Clerk. The complaint shall state the name of the owner, if known, a description of the animal, the section of this chapter allegedly violated, the specific facts on which the complaint is based, any damages sought, the name of at least one witness, and the signature of the complainant. The Tribal Court shall review all complaints as soon as possible and determine if there are reasonable grounds to believe a violation was committed. If the Court finds a reasonable ground that a violation was committed, the person named in the complaint shall be sent a copy of the complaint, along with a notice of infraction. [Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.7.030.]

11.25.270 Impoundment procedures.

Any dog or cat in violation of the provisions of this chapter or any additional provisions as may be prescribed by the Business Committee may be seized and impounded by the Tribal Law Enforcement Department or other persons specifically delegated such authority. All such dogs and cats shall be kept in a Tribally designated impoundment facility for the period established herein (County or other animal shelter):

A. Licensed dogs or cats: not to exceed five days after the owner has been notified of impoundment but in no case for more than 10 days.

B. Unlicensed dogs or cats: not to exceed five days after impoundment.

C. Except as otherwise provided in subsection D of this section, no dog or cat shall be released without payment of all impoundment fees, fines, written proof of registration, licensing and vaccination of said dog or cat in accordance with the provisions of this chapter.

D. All unclaimed dogs or cats will be either sold, placed for adoption, or destroyed in a humane and sanitary manner by a designated impoundment facility. Payment of impoundment fees and destruction for unclaimed dogs or cats will be made from the proceeds collected pursuant to this chapter. Any unclaimed or unlicensed dog or cat may be claimed by any individual paying a registration and licensing fee.

E. The refusal or failure of the owner of any dog or cat to pay the license fee or any impoundment charges within four days after notification by the Tribal Law Enforcement Department or its designee shall be held to be abandonment of the animal by the owner. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.8.010.]

11.25.280 Emergency situations.

If any dog or cat is so dangerous, vicious or diseased that it cannot be safely seized and impounded, a Tribal law enforcement officer or his agent may cause it to be immobilized by chemical injection, or if the dog or cat poses a direct threat to humans, it may shoot the animal by a firearm after notifying the owner if possible. Tribal law enforcement, or its delegated agent, are authorized to pursue a dog or cat in “hot pursuit” onto private or public property to enforce any provision of this chapter. It shall be unlawful to prevent an authorized officer from carrying out this function. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.8.020.]

11.25.290 Notice of seizure or impoundment.

A. If a licensed dog or cat is seized and impounded, Tribal law enforcement shall without delay notify the registered owner by delivering a written notice to the owner’s residence in the Tribe’s jurisdiction or posting the notice on the door of the owner’s residence and at the Tribal Center if the owner cannot be located.

B. If the seized and impounded dog or cat is not wearing a license, the officer shall immediately cause a notice to be posted at the Tribal Center.

C. The written notice required by this section shall contain a description of the animal, the location, time and circumstances of the seizure, the place and deadline for redeeming the animal, and the consequences for failure to redeem. If possible, a photograph shall accompany the notice required for animals not wearing a license tag. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.8.030.]

11.25.300 Nuisances.

A. It shall be a violation of this chapter to keep livestock, fowl or other animals on Tribal or private property in any manner which creates a public nuisance. Any development involved with the raising or keeping of livestock must be approved by the Tribal Planning Department. Livestock shall not be allowed to roam about in residential areas.

B. “Wild animals” shall not be kept as pets on Tribal lands unless they are suitably confined so as to protect the public against diseases, physical danger and nuisances.

C. Any dead animal in the Tribe’s jurisdiction shall be disposed of in a separate area provided at the sanitary landfill site within 48 hours. Expenses related to the disposal of dead animals shall be the owner’s responsibility. In cases where owners cannot be identified or contacted, the Tribal collection service will assume responsibility for disposal. [Res. 2016-17; Res. 2011-020; Res. 2006-63; Res. 1999-40A; Res. 1999-40; GC vote 11/13/1999. Prior code § 7.1.9.010.]