Peskotom = Pollock
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The tribe cannot provide legal advice or interpretation of tribal law to the public. If you need legal advice, please consult a qualified attorney.Passamaquoddy tribe
SECTION 01 - DOGS
Registration and licensing of dogs is the owners responsibility, "Vicious Dogs" are a threat to the community and will not be tolerated regardless of breed or size. The Passamaquoddy Tribal Government has a responsibility to provide our people with a safe haven.
The Tribal Clerk shall furnish a list of registered dogs to the Police Department. It shall be the responsibility of the Fish and Game Dept or other designated agent by the Passamaquoddy Tribal Gov. to keep this list updated yearly and to enforce said ordinance set by the committee.
Dogs to be licensed - Each member of the Passamaquoddy Tribe and all other persons residing on the said reservation who own, keep or have in their possession a dog more than 4 months old, shall annually, before the first day of April, cause such dog or dogs to be registered, numbered , and licensed. The owner of such licensed dog shall keep around its neck a collar distinctively marked with the dog’s registration number No dog shall be licensed until the owner of said dog shows proof of rabies inoculation within the last 2 years. A license fee of $10.00 shall be charges for each dog. A license fee of $20.00 shall be charged for each female dog capable of bearing young, unless a certificate issued by licensed veterinarian is presented which states that such female dog was made incapable of bearing young by spaying. A previous license or record indicating that such dogs have been spayed shall be accepted in lieu of such certificate.
License Fee; how expended.
The Tribal Clerk shall issue said license and receive the money thereof. The money shall be turned into the Tribal Finances Department to be used to administer this ordinance established by the governor & council.
No person shall own, keep or harbor any dog which by loud, frequent or habitual barking, howling or yelping shall disturb any person. There should not be a time criteria for the barking howling, or yelping to be considered a problem. Consequences for "Disturbing the Peace" as stated in the Tribal Ordinances should be imposed.
It shall be unlawful for any dog, licensed or unlicenced to run at large. "At large" means off of the premises of the owner and/or not under control of any person by means of personal presence and attention as with reasonable control the conduct of the dog. "Owner" means any person or persons, firm, association, or corporation owning, keeping or harboring a dog.
Whoever steals or confines and secrets any dog, or willfully or negligently injures or willfully or negligently kills any such dog, except as provided in Subsection 7 and unless such killing is justifiable in the protection of persons, property or game shall be subject to the general penalties and shall be liable to the owner in a civil action for the full value of the dog.
Any person may lawfully kill a dog if necessary for protection during the course of a sudden unprovoked attack upon him or herself or another. If the victim of the attack can not defend him or herself it shall be lawful for another to kill said dog that is attacking the victim.
It shall be unlawful for any dog to hunt, chase, kill, wound or pursue any moose, or deer at any time or any other wild animal in closed or open season
Any officer may kill any dog which he finds hunting, chasing, killing, wounding or pursuing a moose, deer, at any time or any other wild animal in closed season, or any dog which he finds worrying, wounding, or killing any domestic animal when said dog is outside of the enclosure or immediate care of its owner or keeper.
Any owner of livestock or poultry or any member of his family or any person to whom is entrusted the custody of any livestock or poultry shall have the right to kill any dog attacking any of said livestock or poultry. Any person having evidence of any dog hunting or chasing moose, deer, or any dog kept and used for that purpose, or of any dog worrying, wounding or killing any livestock or poultry, when said dog is outside of the enclosure, or immediate care of its owner or keeper, may present said evidence to the Police Dept. Upon hearing the evidence in said case, said court may order said dog killed.
Any animal control officer Police Officer, or game warden working for the Passamaquoddy Tribe shall seize, impound or restrain any dog found in violation of Subsection 5 and deliver the dog to the Pleasant Point Dog Pound. If owner cannot be established by the 6th day of captivity, such animals may be handled as strays or abandoned dogs. Stray and/or abandoned dogs will be put up for adoption or disposed of humanely. Humanely is defined as being put to sleep by a veterinarian. If ownership is established before the dog is deemed a stray or abandoned and the owner wishes to retrieve his/her dog, the owner/keeper will be charged an impoundment fee of $5.00 per day. If the owner claims ownership and chooses not to retrieve the dog, he/she will be charged for the fee to put the dog to sleep and summons for abandonment, see general penalties minimum fine of $25.00 will be applied. Also if applicable, a summons for dogs at large and/or unregistered or unlicenced dog will be issued to the owner or keeper whether he/she retrieves the seized dog. If captured dog is injured or sick at the time of seizure and the dog requires veterinarian care, the owner or keeper will be responsible for those fees.
In addition to seizing and impounding the dog, the officer having jurisdiction may bring suit against the owner, any violation of this ordinance shall carry a civil forfeiture of not less than $25.00 and not more than $500.00.
In order for an owner or keeper to walk a dog in a residential area, he or she will be required to maintain his/her dog on a leash. Whoever is attacked by a dog when peaceably walking or riding may within 14 days thereafter, make written complaint before the Police Dept. that he/she believes or has reason to believe that said dog is dangerous and vicious. Whereupon said court shall order said owner or keeper to appear in the Passamaquoddy Tribal Court and answer to said complaint by serving the owner or keeper of the dog with a summons. If, two or more unprovoked attacks exists on record, the court is satisfied that the complaint is true, it shall order the dog killed or order the owner or keeper of said dog to be muzzled, restrain said dog, or confine the dog to premises of the owner or keeper and the owner or keeper shall pay the costs. If the order is not complied with by the next available court date either party shall file a motion with the court saying wither said order has been executed or not. Any dog that is to be put down it shall be at the expense of the owner and any additional expenses. If a dog whose owner refuses or neglects to comply with said order, wounds any person by sudden assault, wounds or kills any domestic animals, and or destroys another person’s property, the owner or keeper shall pay the person injured triple damages and costs, to be recovered by a civil action.
Definition of confined: Constructing a dog pen consisting of a minium of 5' (ft) fencing around the parameter angled on the top at a 45 degree. Eliminating the dog from jumping out of the pen and or keeping the animal in-house when not in the pen or when taking out for walks the dog will be leashed at all times and owner or keeper present at all times.
SUBSECTION 12 Property Damage
When a dog does damage to a person or his/her property, the owner or keeper of the dog is liable in a civil action to the person injured for the amount of damage done, provided that the damage is not occasioned through the fault of the person injured. Any damage done to the Pleasant Point Dog Pound it shall be the owners or keeper responsibility for the cost of the repairs.
SUBSECTION 13 Welfare of the Animal, (Well-Being)
Dog or animal should not be tied outside without proper weather protection which consist of a dog house. Also, on a daily basis sufficient food and fresh water will be provided to the animal. If these conditions are not followed a summons will be issued by the Police Dept. or other assigned officer. The charges will be administered under the Cruelty to Animals Act.
May 2001 published in tribal newsletter at least twice
Public Hearing on July 10, 2001
Notices posted as specified in the Pleasant Point Constitution
Adopted bt Pleasant Point Council on July 10, 2001