Animal law in indian country companion animals_02-12-10
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How animals are tr
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Animal law in indian country companion animals_02-12-10
- 1. Animal Law in Indian Country: Companion Animals By Joan M. Bundy , former prosecutor for the Tohono O’odham Nation and Gila River Indian Community
- 20. For comparison’s sake: United States Arizona Counties/ Cities Feds do not really have much animal law that applies to “pets” (just the “Endangered Species Act” and other things that mostly affect wildlife) Primarily §13-2910; in 1999 Arizona upped the penalty for committing an act of intentional animal cruelty from a Class 1 Misdemeanor to a Class 6 Felony. Varies widely
Editor's Notes
- One of the most intractable problems I’ve run across regarding to animals in Indian country is who the animal or animals belong to. Is it a “white person’s” dog? Is it a tribal member’s cat? It is so frustrating because countless people dump countless unwanted pets on the reservation because it’s remote, it’s less likely someone will see them do it, and/or they have a stereotypical belief or just assume that tribal members will be more likely than white people to take the animals in and care for them. Another thought: So are the tribal members supposed to just let the animals starve? Turn them in to animal control if they have such a thing and risk them being euthanized for lack of a good home? Another issue that bears mentioning and may come up later in the livestock discussion: Also, livestock and open range or lack of fencing creates frequent trespass incidents.
- The Constitution is where the broad brushstrokes regarding animals should reside, not specific prescriptions or prohibitions. But it creates the general mindset of how animals fit into the picture for this tribe. Here’s your word of the day: “Fauna”!
- I think tie-outs are a bad idea, but sometimes people can’t afford a fence and can’t have the animal inside and there is no other way to restrain the animal.
- One thing you could do is have a “density” measurement – like if there are 10 or more houses per square mile or you are within a village, town or city limits, the dogs have to be leashed or confined. If you are in a rural area – open desert, houses sparsely placed, not near a major road or highway – dogs can roam free. Also, it is very difficult to enforce when police officers and animal control officers already are overwhelmed with much more serious concerns. They do NOT have time to count the number of dogs per household, trust me!
- Tribal members always saying, “Oh my God! They’re going to take away my beloved Fido or Fifi! And he or she is all I have!” No. This is not going to happen. Unless you give the authorities a reason for it to happen.
- Some tribes, just like some non-Indian communities, have been buying into the idea that all their animal-related problems will be solved if they only ban specific breeds. Unfortunately breed-specific legislation seldom works, because it is very difficult to predict which dog is going to attack or bite at any particular time, and no particular breed has been proven to have a great propensity for “aggressiveness” or “viciousness” than another. A much more accurate indicator is past behavior. And what exactly is a “pit bull”? You look at a dog that has a large head, stout, sturdy body, smiling eyes and a wide grin, and it could be many things: an American Staffordshire terrier. An American Pit Bull Terrier. A Staffordshire Bull Terrier. Even a Bull-mastiff! Most tribal members are not going to have pedigree papers on their dogs, and it wouldn’t behoove them to do so under this standard. If the burden of proof rests with the pet owner, as it does for TON, I guess they would have to get a DNA test done to show what the dog is actually “made of.”
- Senate Indian Affairs Committee Chairman Byron Dorgan (D-ND) proposed this legislation in 2008. President Obama also has talked about upping the maximum criminal penalties in Indian Country, so the issue isn’t dead yet. Still it’s not at the top of the list what with the economic recession, etc. Still, crime in Indian country certainly isn’t going down—if anything, it’s increasing—and it’s starting to get more and more attention because of that. I am hopeful that the issue of sentencing disparities between Indians and non-Indians will rise to the top eventually and get the critical mass needed for passage.
- (today’s term is ADR, or Alternative Dispute Resolution) ; Most important: Be willing to be patient! Buy-in from the Community is required for ultimate success, especially in enforcement; could take years of back and forth between council, governor, law office, community, etc., before a proposed body of law is adopted, if at all. You may have to go to every district meeting and talk to individual members to really drill down far enough to get enough buy-in!