04-02-81
Section 19-2 CAGING OF ANIMALS.
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(a) It shall be unlawful for any person or business enterprise to
cage wild animals within the Cherokee Indian Reservation
except in compliance with this section.
(b) All persons maintaining black bears must meet the minimum
standards set forth in section 19-3.
(c) All persons maintaining any wild animal in a cage must comply
with the Animal Welfare Act, Pub. L. 91-579, 7 U.S.C. Section
2131-2156, and all federal regulations promulgated thereunder.
(d) A violation of this section is punishable by a fine of five
hundred dollars ($500) or imprisonment of not more than six
months, or both.
(e) Persons who violate this section but are not subject to the
criminal jurisdiction of the Cherokee Court shall be deemed
in violation of a tribal law, which shall be deemed cause to
cancel a business lease or trader's license.
SOURCE: Res. 293, eff. Oct. 27, 1976; Res. 368, eff. Apr. 2, 1981.
Section 19-3 BLACK BEARS.
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The minimum standards for facilities used for captivity of legally
acquired bears shall include the following:
(a) Enclosure. The bear must be maintained in a stationary,
permanent metal cage, constructed of iron or steel bars at
least 1/4" in diameter, or of heavy gage chain link steel
fencing, of dimensions not less than 8' x 12' x 6'. The gate
of such cage shall be equipped with a lock or with a safety
catch. The cage shall have a concrete floor in which there
shall be a drainable pool at least 1-1/2' deep containing not
less than 18 square feet. There shall be running water
provided immediately adjacent to the cage to provide for
flushing the floor and for changing the pool during hot
weather. The cage shall be located within a shaded area
during the mid-day and afternoon hours of the summer months.
The cage shall also include a den not smaller than 5' x 5' x
4', which shall be constructed in such a manner that it may
be cleaned regularly.
(b) Sanitation. The floor of the cage shall be flushed daily with
clean water. The enclosed den shall be flushed weekly.
Disinfectant shall be used to flush the entire cage and den
each sixty (60) days. The cage shall have a removable food
trough which shall be cleaned daily. Adequate food shall be
available to the bear at all times.
(c) Prohibition. It shall be prohibited to use collars, chains or
stakes to confine a bear except as a temporary safety device.
The use of lumber or timber in the outer cage shall be
strictly prohibited.
(d) Recommendations. It is recommended,but not required, that the
cage be constructed with two compartments, being separated by
a sliding door. There should be guard rails constructed
outside the cage, a minimum of three feet from the cage.
There should be a "scratch log" of sizeable limb with
branched stubs contained inside the cage.
(e) Enforcement. These minimum standards shall be enforced by the
Cherokee Police Department, the Cherokee Fish and Game
Management Program and the Department of Agriculture.
Violations shall be subject to the penalties set forth in
Section 19-2.
SOURCE: Res. 293, eff. Oct 27, 1976.
Section 19-4 FENCING CATTLE.
(a) Tribal members with improvements on the Reservation that
border the range in either Jackson or Swain Counties shall
erect and maintain fences on their holdings.
(b) Stray cattle which cause damage to the property or holding of
a tribal member may be confiscated and held for damages. All
members who shut up such livestock shall report their action
to the Agency Superintendent, who shall assist such member in
obtaining legal relief.
SOURCE: Res. 7, eff. Nov. 6, 1912; Res., eff. Nov. 8, 1922; Res.,
eff. Oct. 10, 1935.
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