Application Process & Tenant Policies
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Point System
Criteria for Points
- Date of application. 25 points.
- Head of household/spouse or children of the HH is an enrolled member of Leech Lake Band of Ojibwe. Proof of custody/guardianship must be provided. 20 points.
- Head of household or children are enrolled members of a federally recognized tribe 5 points.
- Applicant is local resident (within LL reservation service area; One (1) year to Three (3) 5 points, Three (3) to Ten (10) years 10 points, Over Ten (10) years 25 points
- Applicant is 62 years old or over 5 points, Disabled (must provide proof) 5 points, Veteran (must provide proof) 20 points, Transfer to different area -25 points, Update every Six (6) months 10 points.
- Interested applicants are required to update every 6 months to receive 10 additional points to their application.
Notice To Applicants
The Housing Board of Commisioners can NOT "give houses out", change an applicants place on the waiting list or select houses for applicants. Please do not ask a Board Member to do this for you. Thank you.
The average waiting time for an available unit is 6 months to 18 months, occasionally 24-36 months depending on the area of choice. Applicants with the highest points at the time a unit is available in their area of choice will be offered the unit.
Lease Agreement
It is extremely important that these homes be kept in the best possible condition. Cooperation between you and the Housing Authority is the only way this can be achieved. The LLHA shall maintain that person(s) renting shall be required to sign a LLHA Lease Agreement.
You have signed a lease with the Housing Authority. This lease clearly defines both the tenants and the management rights and responsibilities. We suggest that you keep your copy of the lease for future references. If any part of the lease is not clear to you, please seek out the tenant services advocates to help you.
- The Lease Agreement shall be signed by each party (lessee and LLHA) and shall constitute a legal and binding agreement between the two parties.
- Tenants shall be provided a copy of the signed Lease Agreement.
- The Lease Agreement shall represent a written understanding of the parties and the obligations and responsibilities of each party.
- The Lease shall be kept current at all times and shall reflect any changes in rent, security deposit, or the conditions governing occupancy.
- The Lease shall be explained completely before being signed by the new occupant(s) in a pre-occupancy interview.
- All executed Lease Agreements shall be subject to a 180-day probationary period.
- Failure to abide by all terms and conditions of LLHA Lease Agreement and/or policies shall be cause for immediate termination of the Lease Agreement.
Assignment of Applicants to Housing Units:
The following steps shall be required in assigning eligible applicants to the low-income program.
- The Housing Services Coordinator shall maintain current records of expected vacancies, transfer requests from current occupants who wish to locate to another unit more suitable to their housing needs, or home ownership. This information is necessary to provide and approximate date when dwelling units become available.
- As dwelling units become available, an eligible applicant whose needs can be matched to the available unit and is number one on the waiting list shall be selected.
- Handicap or Elder Applicants meeting all other eligibility requirements and have the required documentation for Handicap Accessible needs or Elder Units will be considered priority for those units specified as Handicap or Elder Units. Units occupied by non-handicapped or non-elder person shall be displaced per LLHA displacement policy and the eligible Handicapped or Elder application will be processed as soon as possible.
- It will be the responsibility of the Housing Services Coordinator to match the needs and established applicant to the appropriate unit.
- The selected applicant shall be promptly notified in writing of the availability of the unit for which they have been determined to match. Within the notification, the selected applicant shall be instructed to contact the housing office for the purpose of arranging a pre-occupancy interview with the Housing Services Coordinator. The selected applicant will have seven (7) days to respond to the notification. If there is no response from the selected applicant they will be removed from the waiting list and the next eligible applicant will be notified for unit availability.
- The applicant shall then be given an opportunity to accept or refuse the unit. If the applicant accepts the unit, the applicant and the Housing Services Coordinator shall then proceed with the move-in procedures and the signing of the Lease Agreement when all other move-in requirements are met. If the applicant refuses the unit, the applicant will be removed from the waiting list; however, he/she may re-apply after thirty (30) days. (This excludes a Moccasin Flat unit or the Head of Household is an Elder, or has a Physical Handicap or Special Needs.
Move-in Process
Pre-Occupancy Interview: An interview time and date shall be established between the Head of Household and the designed LLHA staff person for the day the unit is ready for occupancy, or the day before (if possible). The pre-occupancy interview shall include:
- Review the Lease Agreement with all adult household member.
- Make a unit inspection.
- Provide proof of utility transfer.
- Sign the Lease Agreement.
- Note: All the above must be completed before the selected applicant receives keys to the unit.
- Payment of First (1st) months rent and security deposit received.
Redetermination of rent, dwelling size, and eligibility for occupancy:
There will be a mandatory bi-annual recertification, which the tenant agrees to cooperate with. The tenant agrees to furnish accurate written income verification to management of “all” family income.
It is the responsibility of the tenant to report “all” family income. This should include income of all persons over eighteen (18) that are members of your household and have an income. Failure to do so will be grounds for lease termination, (Income reports will not result in your rent being raised). There are no set rents for all low-income rental units. Mutual Help units have a set rent of $350.00 ; Low-Income Rental units have set rent based on bedroom size. Low-income Rental units rent is based on 30% of income.
Occupancy
See Rules of Occupancy (coming soon)
Security Deposit
Before moving into a unit the tenant agrees to pay a security deposit of $500.00.
1 Bedroom Unit = $500.00 per month
2 Bedroom Unit = $500.00 per month
3 Bedroom Unit = $500.00 per month
4 Bedroom Unit = $500.00 per month
Security Deposit – Use
- The LLHA shall forward to the tenant, within fifteen (15) days of the date vacated a security deposit report, and a check for the amount of the security deposit refund (if any). After a tenant has vacated a housing unit, the tenant’s security deposit shall be used to assist in paying delinquent rent owed or charged for damage to the housing unit (if any).
- The security shall be set as follows:
- Elderly families in elderly units: $500.00
- Families other than elderly families in 1 bedroom units: $500.00
- Families other than elderly families in 2, 3, or 4 bedroom units: $500.00
Security Deposit Account
- The tenants’ security deposit shall be deposited in an interest bearing account established for this purpose by the LLHA.
- Deposits to the tenant security deposit account shall accumulate interest that shall be credited to the tenant security deposit on a periodic basis.
The Housing Authority will refund your security deposit:
- Within 30 days after a tenant has moved out of the unit.
- After an inspection of the premises proves satisfactory.
- When all charges to the tenant have been paid.
- The keys are returned to the Housing Authority.
- The Housing Authority has the right to keep 100% of the security deposit if a thirty (30) day notice has not been given and, if a tenant has not met all of the move-out requirements.
Collections
Rent Payments
Your rental payment is due on the “first” day of each month. Chronic payment delinquency is grounds for eviction. House payment and other charges can be paid by cash, personal check, certified check, and money order. Please do not mail cash.
Chronic payment delinquency is grounds for eviction.
- Rent payments are due on or before the 1st day of each month. Rent payments may be prorated for rental periods of less than one month.
- The Leech Lake Housing Authority will utilize the following fixed rent amounts for each unit: 1BR = $175.00 | 2BR = $205.00 | 3BR = $235.00 | 4BR = $265.00 (Note: for elders paying utilities, the rent is $50.00. If the Housing Authority pays the utilities, the rent for elders is $100.00)
- 30% Rule. In accordance with Native American Housing and Self Determination Act, fixed rent amounts that exceed 30% of an applicant’s adjusted income will be adjusted to 30% of the annual adjusted income.
- Submission of verifiable documentation to prove income status is required to be eligible for 30% rule.
- Verifiable documentation will be acceptable from service agencies, health agencies, employers, etc.
- To assure compliance under the Native American Housing Assistance and Self Determination Act (NAHASDA), re-examination of income will be completed ever three (3) months for tenants that are paying $0 rent under 30% rule.
Utilities
It is the tenant’s responsibility to pay all utilities unless otherwise stated. In the event that a power company turns off a tenant’s utility, or refuses to deliver LP/Fuel Oil because a tenant owes arrears on an account, the tenant will be subject to eviction if a utility is shut-off because of the tenants irresponsibility when it comes to paying their bills. Telephones must be installed at designated locations wired for that purpose. Telephones are to be installed at the tenant’s expense and bills are to be paid directly to the telephone company.
Redetermination of rent, dwelling size, and eligibility for occupancy
There will be a mandatory bi-annual recertification, which the tenant agrees to cooperate with. The tenant agrees to furnish accurate written income verification to management of “all” family income.
It is the responsibility of the tenant to report “all” family income. This should include income of all persons over eighteen (18) that are members of your household and have an income. Failure to do so will be grounds for lease termination, (Income reports will not result in your rent being raised). There are set rents for all low-income rental units as well as Mutual Help Ownership payments: Mutual Help units have a set rent of $200.00; Low-Income Rental units have set rent based on bedroom size (see above for prices per bedroom).
Note: If your income is as such that your flat rent is more than 30% of your annual income, you would need to recertify and document your annual income. At which time your monthly rental could be lower that the flat rent for your unit.
Tenant Policy
A. Assignment of Applicants to Housing Units
The following steps shall be required in assigning eligible applicants to the low-income program.
- The Housing Services Coordinator shall maintain current records of expected vacancies, transfer requests from current occupants who wish to locate to another unit more suitable to their housing needs, or home ownership. This information is necessary to provide and approximate date when dwelling units become available.
- As dwelling units become available, an eligible applicant whose needs can be matched to the available unit and is number one on the waiting list shall be selected.
- Handicap or Elder Applicants meeting all other eligibility requirements and have the required documentation for Handicap Accessible needs or Elder Units will be considered priority for those units specified as Handicap or Elder Units. Units occupied by non-handicapped or non-elder person shall be displaced per LLHA displacement policy and the eligible Handicapped or Elder application will be processed as soon as possible.
- It will be the responsibility of the Housing Services Coordinator to match the needs and established applicant to the appropriate unit.
- The selected applicant shall be promptly notified in writing of the availability of the unit for which they have been determined to match. Within the notification, the selected applicant shall be instructed to contact the housing office for the purpose of arranging a pre-occupancy interview with the Housing Services Coordinator.
The selected applicant will have seven (7) days to respond to the notification. - If there is no response from the selected applicant they will be removed from the waiting list and the next eligible applicant will be notified for unit availability.
- The applicant shall then be given an opportunity to accept or refuse the unit. If the applicant accepts the unit, the applicant and Housing Services Coordinator shall then proceed with the move-in procedures and the signing of the Lease Agreement when all other move-in requirements are met. If the applicant refuses the unit, the applicant will be removed from the waiting list; however, he/she may re-apply after thirty (30) days. (This excludes a Moccasin Flat unit or the Head of Household is an Elder, or has a Physical Handicap or Special Needs.
B. Move-in Process
Pre-Occupancy Interview: An interview time and date shall be established between the Head of Household and the designed LLHA staff person for the day the unit is ready for occupancy, or the day before (if possible). The pre-occupancy interview shall include:
- Review the Lease Agreement with all adult household members
- Make a unit inspection.
- Provide proof of utility transfer.
- Sign the Lease Agreement.
- Note: All the above must be completed before the selected applicant receives keys to the unit.
- Payment of First (1st) months rent and security deposit received.
C. Lease Agreement
The LLHA shall maintain that person(s) renting shall be required to sign a LLHA Lease Agreement
- The Lease Agreement shall be signed by each party (lessee and LLHA) and shall constitute a legal and binding agreement between the two parties.
- Tenants shall be provided a copy of the signed Lease Agreement.
- The Lease Agreement shall represent a written understanding of the parties and the obligations and responsibilities of each party.
- The Lease shall be kept current at all times and shall reflect any changes in rent, security deposit, or the conditions governing occupancy.
- The Lease shall be explained completely before being signed by the new occupant(s) in a pre-occupancy interview.
- All executed Lease Agreements shall be subject to a 180-day probationary period.
- Failure to abide by all terms and conditions of LLHA Lease Agreement and/or policies shall be cause for immediate termination of the Lease Agreement.
D. Security Deposit – Use
- The LLHA shall forward to the tenant, within fifteen (15) days of the date vacated a security deposit report, and a check for the amount of the security deposit refund (if any). After a tenant has vacated a housing unit, the tenant’s security deposit shall be used to assist in paying delinquent rent owed or charged for damage to the housing unit (if any).
- The security shall be set as follows:
- Elderly families in elderly units: $250.00
- Families other than elderly families in 1 bedroom units: $250.00
- Families other than elderly families in 2, 3, or 4 bedroom units: $500.00
E. Security Deposit Account
- The tenants’ security deposit shall be deposited in an interest bearing account established for this purpose by the LLHA.
- Deposits to the tenant security deposit account shall accumulate interest that shall be credited to the tenant security deposit on a periodic basis.
F. Rent Payments
- Rent payments are due on or before the 1st day of each month. Rent payments may be prorated for rental periods of less than one month.
- The Leech Lake Housing Authority will utilize the following fixed rent amounts for each unit: 1BR = $175.00 | 2BR = $205.00 | 3BR = $235.00 | 4BR = $265.00 (Note: For elders paying utilities, the rent is $50.00. If the Housing Authority pays the utilities, the rent for elders is $100.00)
- 30% Rule. In accordance with Native American Housing and Self Determination Act, fixed rent amounts that exceed 30% of an applicant’s adjusted income will be adjusted to 30% of the annual adjusted income.
- Submission of verifiable documentation to prove income status is required to be eligible for 30% rule.
- Verifiable documentation will be acceptable from service agencies, health agencies, employers, etc.
- To assure compliance under the Native American Housing Assistance and Self Determination Act (NAHASDA), re-examination of income will be completed every three (3) months for tenants that are paying $0 rent under 30% rule.
G. Income
Annual income is the total income from all sources received by all family members that are eighteen (18) years of age and older, including net income derived from assets estimated over the next 12 months.
Income Includes:
- The full amount before any deductions from wages and salaries, overtime pay, commissions, fees, tips, bonuses and other compensation for pension services.
- The net income from the operation of a business or profession, interest, dividends, and other net income of any kind realty or personal property.
- The full amount from Social Security Administration; Veterans Administration; annuities; any other pension; disability or death benefits; payments in lieu of earnings; such as unemployment and workers compensation benefits.
- Public assistance payments in the amount deemed eligible for any recoupment is rendered.
- Periodic and determinable allowances such as alimony, child support, and regular contributions or gifts received from a person not residing in the household.
- All regular pay, special pay, and allowances of a member in the armed forces who is Head of Household or the spouse.
- Federally recognized Tribal Band Member Per-capita payments received on a regular basis.
H. Income Exclusions Include:
- Casual, sporadic, or irregular gifts.
- Amounts specifically for or in reimbursement of the cost of medical expenses.
- Lump sum additions such as inheritances, insurance payments made for health, accidents or workers compensation, and settlement for personal property loss.
- Amounts received for education grants or scholarships paid directly to the student for education institution and amounts paid by the government to a veteran for the purpose stated above, not used for subsistence.
- Hazardous duty pay to a family member in the armed forces away from home and exposed to hostile fire.
- Payments received for foster care.
- Amounts specifically excluded by any other federal statute from consideration as income.
- Relocation payments made under Title II or Uniform Relocation Assistance and Real Property Acquisition Policies.
- The value of allotment provide to an eligible household for coupons under the Food Stamp Act of 1977.
- Payments to Volunteers under the Domestic Volunteer Service Act of 1973.
- Income derived from certain sub-margin land of the United States that is held in trust for certain Native American Tribes.
- Payments and allowances made under the Department of Health and Human Services and Low Income Energy Assistance Program.
- Income derived from the disposition of funds of the Grand River Band of Ottawa Indians.
- The first $2,000.00 of per capita of shares received from judgment of funds awarded by the Indian Claims Commission or the Court of Claims of funds held in trust for an Indian tribe .
- Sporadic Tribal Band Member per-capita payments.
I. Adjustments to Annual Income
- Dependant allowances will be set at $480.00 per dependent under eighteen (18) years of age or a full-time student (does not include spouse).
- Elderly family allowance will be $400.00 per family.
- Child/Dependant allowance will be given for any out of pocket expense paid for by Head of Household to attend school or work (not to exceed adjusted income).
- Work Expense allowance for Head of Household to travel to and from work (not to exceed $1,300.00 per year).
Dog Ordinance & Control of Dangerous Dogs
Section I. Title
This ordinance shall be known as the Dog Registration and Control of Dangerous Dogs.
Section 2. Findings
The Leech Lake Reservation Tribal Council finds and declares that:
- Dogs have become a public health and safety risk in various communities of the Leech Lake Reservation; and
- In order to protect the health, safety and welfare of the Reservation it is necessary to provide for the registration of dogs and the control of stray, abandoned. and dangerous and nuisance dogs.
Section 3. Purpose
To regulate and control the dog population on the Leech Lake Reservation and to protect people, livestock, wild game, and other domestic animals.
Section 4. Definitions
The terms used in this ordinance have the meanings given them.
Subdivision 1. "Dog" applies to any canine animal, male or female, sexed or neutered.
Subdivision 2. "At large" means any dog off the owner's premises and/or not accompanied by or under control of a person by leash, cord, chain, or otherwise in tribal housing areas and private property.
Subdivision 3. The term "dangerous dog" shall not apply to dogs used by law enforcement officials for police work. "Dangerous dog" means any dog that has:
- Without provocation, inflicted substantial bodily harm on a human being on public or private property
- Injured/killed a domestic animal without provocation while on the owner's property
- Been found to be dangerous by an Enforcement Officer and the dog aggressively bites, attacks or endangers the safety of humans or domestic animals;
- Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting
- Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by an Enforcement Officer. A dog shall not be classified as dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property, or, while lawfully on the property, was tormenting, abusing or assaulting the dog or its owner or a family member. No dog may be classified as dangerous if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.
- Rottweiler, Pit bull, Doberman, Shepherd, and/or mixed breeds to any degree of the previously listed breeds are prohibited as legal animals to be owned, fed, and/or cared for by any persons in tribal housing areas on the Reservation. Rottweiler, Pit bull, Doberman, Shepherd, and/or mixed breeds to any degree of the previously listed breeds are automatically defined as "dangerous".
Subdivision 4. "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog, or permitting any dog to habitually remain on or be lodged or fed within such person's house, yard or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining, on the premises, dogs owned by others for a period of less than thirty (30) days.
Subdivision 5. "Reservation" means the Leech Lake Indian Reservation as established by treaty and executive order within the boundaries described in an unpublished consent judgment in Leech Lake Band of Chippewa Lndians v. Herbst. No.3·69 Civ.64 and 3-70 Civ. 228 (U.S. Dis. C., Dis. of Minn., June 18, 1973), including all lands and waters inside the described boundaries regardless of the issuance of any patent.
Subdivision 6. HHtuunt Officer" means a Leech Lake Public Safety Officer, a Leech Lake Animal Control Officer, a Leech Lake Environmental Health Specialist, a Leech Lake Conservation Officer, animal control officer, or any other law enforcement officer.
Section 5. Registration of Dog
Subdivision I. Registration; Fee Required.
No dog shall be kept, harbored or maintained within the boundaries of the Reservation unless it has been registered by the owner with the Leech Lake Public Safety Division, and the registration tag has been affixed to the dog's collar. The annual registration fee shall be $10.
Any person who keeps a dog on the Reservation that is determined "dangerous" must provide proof of insurance with a $50,000 liability limit per occurrence at time of registration to cover any damages that may be caused by the dog. Rottweiler, Pit bull, Doberman, Shepherd, and/or mixed breeds to any degree of those previously listed breeds owned, fed, and/or cared for on private property or non-tribal housing areas must have a $50,000 liability insurance
certificate.
Subdivision 2. No Improper Use of Registration Tags
All dogs residing on the Reservation shall be registered with the Leech Lake Public Safety Department regardless of whether the dog is vaccinated or not. No person shall attach a registration tag to a dog unless the dog has been properly vaccinated and registered with the Leech Lake Public Safety Division.
Subdivision 3. Abandonment Disposition of Unclaimed Dogs
It shall be the duty of the appropriate Leech Lake Public Safety personnel or enforcement officer to keep all dogs impounded under the provisions of this ordinance for a period of not less than ten (10) days from the date of posting of notice, unless sooner redeemed or disposed of, pursuant to this Ordinance. If, at the expiration often (10) days from the date of posting notice, said dog is unclaimed, said dog so impounded under this ordinance may be given any to any party so requesting said dog. provided such party has the dog inoculated and pays the necessary license fee. If no party requests said dog, dog may be destroyed in the most humane manner possible. Any dog which appears to be suffering from rabies, mange or other infectious or dangerous disease shall not be released, but may be forthwith destroyed by humane means.
The refusal or failure of the owner of any dog to register the dog or to pay the registration fee or to pay necessary expenses incurred to control the dog within ten (10) days after written notice thereof by the Leech Lake Public Safety Division shall be deemed abandonment of such dog by the owner. Abandoned dogs are subject to destruction as provided in Section 6 of this Ordinance.
Section 6. Seizure and Destruction of Dangerous and/or Abandoned Dogs
No dangerous and/or abandoned dog shall be permitted to run at large on the Reservation. Any person finding any dog trespassing upon his/her property or public access to his/her injury or annoyance may apprehend or cause an officer of the law to apprehend, capture, or take up to same by any reasonable and humane means and may immediately turn it over to the appropriate enforcement officer, who shall take such dog and return it to its rightful owner, if known. If its rightful owner be not known, the enforcement officer may dispose of such animal by such humane procedure as is practicable under the circumstances. The police department has the final say and authority over the destruction of dangerous/abandoned dogs pursuant to this ordinance.
Where a dog is found to be running at large, captured, and turned over to the appropriate enforcement officer for the colony involved and thereupon returned to its owner, the appropriate enforcement officer involved shall issue a citation to the owner for violation of this ordinance, and such citation shall indicate that said owner shall appear before the Tribal Judge, for disposition of said citation at the date indicated on the citation or the Tribal Prosecutor shall issue a civil complaint.
Any dog that shows signs of being rabid or presenting immediate danger to the life of a person shall be immediately destroyed by any person if there exists immediate danger to the life of another person, however, if there is sufficient time to notify the owner(s), there will be an effort made before action is taken.
This section shall not apply to guide/service dogs for people with disabilities such as visual or hearing impairment. Whenever a guide/service is found to be running at large and is captured, the appropriate enforcement officer shall take such dog and return it to its owner. In such instance, no citation shall be issued and no fine nor criminal complaint shall be issued.
Section 7. Redemption of Impounded Dogs
The owner or custodian, of the dog so impounded, may reclaim said dog upon the payment of the penalties, if any, for said dog, and all costs and charges incurred by the Band for impounding and maintenance of such dog.
Section 8. Penalty of Violation of Dog Registration and/or Control of Dangerous Dog
The owner of any dog who fails to abide by any of the provisions of this ordinance shall be subject to a sliding scale civil fine depending on the severity of the attack and/or inflicted injury not exceeding more than $10,000. The owner of any dog shall pay higher fines for any additional, following offenses. Additionally, any person who violated any provisions of this Ordinance shall pay all expenses incurred in enforcing the Ordinance.
Any dog that is seized while at large, unleashed, and/or found unregistered will pay $25 per dog for the first offense with an increasing fine by $25 for each subsequent offense. The fine for a first offense for an unregistered dog will be waived if owner registers the dog within one week. Subsequent offenses will result in payment of penalties.
Any dog owner or person responsible for a dog found by an enforcement officer with reasonable belief or that has been reported for unprovoked chasing/menacing approach shall be fined $25 per dog for the first offense with an increasing fine by $10 for each subsequent offense.
Section 9. Control of Rabies Infected Animals
Subdivision 1. Confinement and Quarantine of Animal
Any dog known to have bitten a person so as to cause an abrasion of the skin shall be closely confined by the Leech Lake Department of Public Safety for a period often (10) days or as may be recommended by a veterinarian in order to determine whether the dog is infected with rabies. Daily confinement rates are $15 .00 when domestic animals are confined. Daily confinement rates are subject to change without notice. Daily confinement rates are to be determined at the discretion of the tribal police department.
- Should the dog exhibit behaviors indicative of rabies infection, an enforcement officer shall deliver the animal or shall order the animal delivered to an isolation facility as soon as possible, but no later than 24 hours after the original order is issued; or the officer may order the animal to be quarantined on the premises of the owner if the animal is immunized currently against rabies as evidenced by a valid certificate of rabies vaccination or other evidence. If the owner fails to confine such dog known to have bitten a person so as to cause abrasion of the skin, or if the owner of such dog is not known. an enforcement officer shall remove the dog to a veterinary hospital or other location and placed under observation.
- The custodian of an isolation facility or the owner shall keep an animal which is ordered to be quarantined in strict isolation under the supervision of a veterinarian for at least ten (10) days. Supervision of a veterinarian includes, at a minimum, examination of the animal on the first day, on the 10th day and on one intervening day. I f the observation period is not extended and if the veterinarian certifies that the animal has not exhibited any symptoms of rabies, the animal may be released from quarantine at the end of the lO-day observation period.
- Extended observation may be ordered for an animal not currently immunized against rabies if the animal is suspected to have been in contact with a rabid animal An officer may order the owner to keep the animal in strict isolation for an additional 170 days, during which time the owner shall have the animal vaccinated against rabies between the 145th and 155th day after the beginning of the original observation period. If a veterinarian certifies that the animal has not exhibited any symptoms of rabies during the extended observation period, the animal may be released from quarantine at the end of that period.
- All expenses incurred by the isolation facility, including supervision and examination of the animal by a veterinarian, preparation of the carcass for laboratory examination and the laboratory examination fee shall be charged to the animal's owner.
Subdivision 2. Area Quarantine.
The Director of the Leech Lake Public Safety Division or enforcement officer may, by order, impose a quarantine on any portion of the Reservation if he finds such action is necessary to control the spread of rabies. No dog or any other domestic animals named in the order may be removed from the quarantine area without written permission of the Director of the Leech Lake Public Safety Division. Owners of animals covered by the order within a quarantine area shall confirm them to the owner's premises or maintain them under leash. Quarantine orders shall be published at least once in a local newspaper and posted on roads leading to the quarantine area. The Director of the Leech Lake Public Safety Division or enforcement officer may,on the recommendation of a veterinarian, require the vaccination of any or all domestic animals in the community during the period of quarantine.
Subdivision 3. Destruction of Rabid Dogs: Rabies Testing
If a veterinarian determines that an animal exhibits symptoms of rabies during the original or extended observation period, the veterinarian shall notify the owner and the enforcement officer who ordered the animal quarantined and the enforcement officer or veterinarian shall kill the animal in a humane manner and in a manner which avoids damage to the animal's head. Any dog that, in the opinion of an enforcement officer appears to have rabies shall immediately be destroyed in a safe, sanitary, and humane manner. If the animal is suspected to have bitten a person, the veterinarian or enforcement officer shall notify the person or the person's physician. Following such sacrifice of the animal, the carcass shall be prepared and delivered to the State Laboratory of Hygiene.
Section 10. Penalty for Rabies Infected Dog(s)
The owner of any dog who fails to abide by any of the provisions of this ordinance shall be subject to a civil fine of $50 for each infected dog for first offense with an increasing fine by $50 for each subsequent offense.
Section 11. Disclaimer: Responsibility Over Deceased/Unwanted Pets
The Leech Lake Police Department, Reservation, animal control officer, or any enforcement officer holds no responsibility towards providing medical attention or requests towards disposing of unwanted dogs, cats, or other domestic animals. Owners hold financial and physical responsibility for disposing, removing and/or treating deceased, ill, injured, and/or unwanted dogs or domestic pets. The Leech Lake Police Department holds discretion in disposing of dogs upon request of owners, fees may be required.
Section 12. Enforcement: Jurisdiction
The administration of this ordinance shall be the responsibility of the Leech Lake Public Safety Division. A Leech Lake Public Safety Officer, a Leech Lake Animal Control Officer, a Leech Lake Environmental Health Specialist, a Leech Lake Conservation Officer, or any other law enforcement officer shall have authority to enforce the terms of this Ordinance. The Leech Lake Tribal Court shall have jurisdiction over actions arising under this Ordinance. The enforcement of this ordinance shall apply to all enrolled, federally recognized Minnesota Chippewa Tribe band members comprising the Bois Forte, Fond du Lac, Grand Portage, Leech Lake, Mille Lacs, and White Earth reservations.
Section 13. Sovereign Immunity
Nothing contained in this Ordinance shall be construed as a waiver of the sovereign immunity from suit of the Leech Lake Band, its officials, employees or agents
Section 14. Effective Date
This Ordinance shall become effective upon adoption by the Leech Lake Reservation Tribal Council.
Certification
WE DO HEREBY CERTIFY THAT the foregoing Ordinance No. 2013-2 was duly presented and adopted by a vote of J for Q against and Q silent at a Special Meeting of the Leech Lake Tribal Council, a quorum being present, held on August 16, 2012 at Cass Lake, Minnesota