10-27-76

Section 19-2.   CAGING OF ANIMALS.

       (a)  It shall be unlawful for any person or business enterprise
            to 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.  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.

       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 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.


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