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A. The owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be.

B. It is unlawful for the owner of any dog that previously has, when unprovoked, inflicted bites on any person or severely injured any person either on public or private property; or when unprovoked, created an imminent threat of injury or death to any person, to permit such dog to run at large or aggressively bite or attack any person while such person is lawfully upon public or private property. Upon conviction, the violator shall be guilty of a crime punishable by imprisonment in the Tribal jail for not more than thirty (30) days, or by imposition of a fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.

C. The owner of a dangerous dog that causes personal injury to another shall be guilty of a crime punishable by imprisonment for not more than one year, or by the imposition of a fine not to exceed Three Thousand Dollars ($3,000.00), or by both such fine and imprisonment. The Court may also impose up to forty (40) hours of community service upon violation. It shall be an affirmative defense to a prosecution pursuant to this subsection that the injury was sustained by a person who, at the time, was committing a willful criminal act upon the premises occupied by the owner of the animal or was assaulting the owner of the animal.

D. Any dangerous dog shall be immediately confiscated by an animal control authority, or a police officer of the Osage Nation, without a warrant, if:

1. The dog is not maintained in the proper enclosure;

2. The dog is outside of the dwelling of the owner, outside the proper enclosure and not under physical restraint of the responsible person; or

3. The dog has caused physical injury to a person or an officer has probable cause to believe the dog to be a dangerous dog and the threat to the health, safety and welfare of the public is of a continuing nature under the circumstances.

E. The dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notification. Thereafter, as ordered by the Osage Nation Tribal Court, the animal shall be returned to the owner, placed for adoption, or euthanized in an expeditious and humane manner. This ten (10) day time period shall allow the owner to request a hearing in the Osage Nation Tribal Court. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure, and for all costs and other fees for humanely euthanizing the animal. If the owner files a written appeal in the Osage Nation Tribal Court, the dog must be held and may not be adopted or destroyed while the appeal is pending.

F. It is unlawful for any person to release any dog upon a law enforcement officer or government official while the officer or official is in the performance of official duties. Upon conviction, the violator shall be guilty of a crime punishable by imprisonment in the Tribal Jail for not more than three years, or by a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment. ONCA 21-115, eff. Oct. 1, 2021.