A. Any owner of any dangerous dog or aggressive dog that permits such dog to run at large or aggressively bite or attack any person while such person is lawfully upon public or private property commits the crime of failure to restrain or contain canine.

B. Any person convicted of committing the criminal offense of failure to restrain or contain canine 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 both. In addition to said fine, imprisonment, or fine and imprisonment, the Court may also impose up to forty (40) hours of community service upon conviction.

C. 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. If a dangerous dog is found unrestrained, the dangerous dog shall be immediately confiscated by an animal control authority; placed in quarantine for the proper length of time (if necessary); and following the quarantine or in lieu of quarantine, the dangerous dog shall be impounded and held for ten (10) business days after the owner is given written notification. Thereafter, the Court shall hold a hearing to determine the proper conditions for return of the dog or appropriate course of action. 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. If the owner or owners’ identity is known, the owner shall be provided notice of the date and time of the Court hearing. If the dog is returned to the owner or owners, the Court may impose conditions deemed necessary to ensure proper control of the dangerous dog.

E. 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 prior to the Court hearing and 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. ONCA 22-33, eff. Apr. 25, 2022.