Livestock control in populated areas

WARM SPRINGS TRIBAL CODE

CHAPTER 345

LIVESTOCK CONTROL IN POPULATED AREAS

Table of Contents

345.010 Definitions
345.020 Areas Closed To Livestock
345.030 Responsibility and Liability of Owners
345.040 Seizure and Disposition of Livestock at Large; Procedures
345.050 Procedure When Livestock Not Seized.
345.060 Municipal Branch Manager and Chief Tribal Judge to Promulgate Regulations

WARM SPRINGS TRIBAL CODE

CHAPTER 345

LIVESTOCK CONTROL IN POPULATED AREAS

345.10 Definitions.

1. The word “owner” shall include any person owning, keeping, harboring, or having custody, possession or control of any livestock on the Warm Springs Reservation.
2. The word “livestock” shall include animals of the bovine species, cattle, horses, mules, asses, sheep, goats and swine.
3. The “Warm Springs Community” includes all of the area within the boundary line shown on the map contained in Appendix 345–A or as such area may hereafter be amended by Tribal Council action and attachment of a revised Appendix 345–A.
4. The “Kah–nee–ta Complex” includes all of the area within the boundary line shown on the map contained in Appendix 345–B. Or as such area may hereafter be amended by Tribal Council action and attachment of a revised Appendix 345– B.

345.20 Areas Closed To Livestock. The Warm Springs Community and the Kah–nee–ta Complex are hereby closed to the entry of livestock except as expressly permitted herein. Any livestock found within the Warm Springs Community or Kah–nee–ta Complex shall be deemed at large and subject to seizure and disposition as provided in this Ordinance, except:

1. Livestock being herded or driven on public roads and which do not drift, graze or trespass on the property of another;
2. Livestock located at the rodeo grounds during and for the purpose of any rodeo, show, auction or similar tribally sanctioned activity;
3. Horses maintained at Kah–nee–ta Resort by permission of the Tribal Council or Kah–nee–ta Management for the use of the Kah–nee–ta guests.
4. Livestock being ridden and under the control of a person.
5. Livestock within penned enclosures or tethered that are not allowed to roam at large and are under the control of persons.

345.030 Responsibility and Liability of Owners. It shall be the responsibility of each owner of livestock to see that his livestock do not enter or remain within the closed areas defined by this Ordinance. The owner of any livestock found at large within the closed areas shall be guilty of a violation. The knowledge or intent of the owner may be taken into consideration in sentencing, but shall not constitute a defense to a violation of this Ordinance.

345.40 Seizure and Disposition of Livestock at Large; Procedures.

1. The Natural Resources Department and The Warm Springs Police Department shall seize any livestock found at large within the Warm Springs Community or Kah–nee–ta Complex in violation of this Ordinance, and shall retain custody of such livestock at the rodeo grounds or such other place as the Natural Resources Department and the Warm Springs Police Department may deem appropriate.
2. Upon the seizure of any livestock, the Prosecuter shall file a complaint in Tribal Court which shall state the time and place of the seizure, the description of each head of livestock seized, and the owner’s name, if known.
3. Upon the filing of such a complaint, the Tribal Court shall issue a summons which shall specify a date and time for a hearing in Tribal Court and shall direct the owner(s) of the seized livestock to appear at such hearing to show cause why the seized livestock should not be sold as provided for in this Ordinance. The summons shall be served upon the owner(s) as soon as practicable. The date and time set for the hearing shall be not less than three nor more than seven work days after the filing of the Complaint. If the owner’s identity is known, a true copy of the summons and complaint shall be personally served on the owner or posted at his last known residence on the reservation not less than thirty–six (36) hours prior to the time set for the hearing. If the owner’s identity is unknown, service of the summons and complaint on the owner shall be accomplished by posting true copies thereof in conspicuous places at the Tribal Court, Post Office and Tribal Administration Building for not less than seventy–two (72) hours prior to the time set for the hearing.
4. Seized livestock may be redeemed by their owner prior to the scheduled hearing by depositing into court the sum of $25 plus the actual costs of feeding the livestock from the date of the seizure through the date of the hearing. In the event livestock are redeemed in such manner prior to the hearing, the hearing shall proceed on the question of whether or not such sums deposited or any part thereof shall be forfeited to the Tribes as damages for violation of this Ordinance.
5. If the Court finds that such livestock were found at large within closed areas in violation of this Ordinance, the Court shall assess a fine against the owner not exceeding $25, plus the actual costs of feeding while the animals are held in custody, and may in addition require the owner to pay restitution to any person whose property has been damaged as a result of the livestock roaming at large.
6. In addition, the Court shall set a date and time, which shall not be less than seven working days following the date of the hearing, after which the seized livestock shall be consigned in the name of the Confederated Tribes of the Warm Springs Reservation to a recognized livestock auction for sale at public auction. The owner of any seized livestock may redeem such livestock prior to the date and time specified by the Court for consignment of the livestock to the auction yard, by paying into Court the amount of the fine and costs and pay restitution ordered by the Court.
7. Livestock not redeemed prior to the time set by the Court for consignment shall be sold at public auction at the next regularly scheduled livestock auction conducted by the consignee. The proceeds shall be applied first in payment of the fine and costs assessed by the Court; second, in payment of any restitution ordered by the Court; and the balance, if any, shall be paid to the owner or deposited in the owner’s IIM account. This Ordinance 33 shall be subject to an appropriate revision so deemed by Tribal Council.

345.50 Procedure When Livestock Not Seized.

1. If the livestock at large is not seized, but the owner of the livestock can be identified, the prosecutor shall file a complaint in Tribal Court which shall state the time and place of the violation, the description of each head of livestock observed, and the owner’s name.
2. Upon the filing of such a complaint, the tribal court shall issue a summons which shall specify a date and time for a hearing in tribal court and shall direct the owners of the livestock to appear at such hearing to show cause why they should not be found in violation of this ordinance. This summons shall be served upon the owners as soon as practicable.
3. If the court finds that such livestock were found at large within closed areas in violation of this ordinance, the Court shall assess a fine against the owner not exceeding $25.00 and may in addition require the owner to pay restitution to any person whose property has been damaged as a result of the livestock roaming at large.

345.060 Municipal Branch Manager and Chief Tribal Judge to Promulgate Regulations. The Municipal Branch Manager and the Chief Tribal Court Judge are directed and authorized to forthwith establish regulations and procedures to implement this ordinance. Such regulations and procedures shall be effective immediately upon approval by the general manager.