San Carlos Apache Criminal Ordinance
SECTION FOURTEEN
OFFENSES INVOLVING ANIMALS OR NATURAL RESOURCES
Section 14.1 Assault by Vicious Animals
A. Should a vicious animal cause injury to a person or livestock, the owner will be held responsible for damages may be criminally prosecuted for assault.
B. “Vicious animal” means any animal that has a propensity to bite human beings or livestock without provocation.
C. While acting under color of law, a Tribal Law Enforcement officer may use deadly force against a vicious animal whenever he or she is threatened by a freely
roaming vicious animal in the public or private domain.
D. The provisions of this section shall not apply to animals owned or used by a law enforcement agency and used in the performance of police work.
E. A person found guilty of Assault by Vicious Animals may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00,
or both, with costs imposed at the discretion of the Court.
Section 14.2 Cruelty to Animals
A. A person commits Cruelty to Animals by intentionally, knowingly or recklessly:
1. subjecting any animal under his or her custody or control to cruel neglect or abandonment,
2. inflicting unnecessary physical injury to any animal;
3. killing any animal under the custody or control of another person without legal privilege or the consent of the owner, or
4. subjecting any animal to cruel mistreatment, including withholding of medical care necessary to prevent the prolonged suffering of an animal under the person’
s custody and control.
B. This offense shall not apply to any officer or agent of the San Carlos Apache Tribe, the United States, or the
State of Arizona acting in his or her official capacity.
C.A person found guilty of Cruelty to Animals may be sentenced to a period of imprisonment not to exceed 90 days, a fine not to exceed $500.00, or both, with
costs imposed at the discretion of the Court.
Section 14.3 Unauthorized Leasing
A. Any person who leases his or her land in violation of the tribal leasing regulations shall be deemed guilty of Unauthorized Leasing.
B. A person found guilty of Unauthorized Leasing may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 14.4 Cutting Green Timber without a Permit
A. Any person who, without first securing a proper permit, intentionally cuts any standing green timber off tribal land shall be deemed guilty of Cutting Green
Timber without a Permit.
B. A person found guilty of Cutting Green Timber without a Permit may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 14.5 Unlawful Violation of Fire Ban
A. It is unlawful for a person to enter or remain in any public building or on any public property in violation of any tribal order or rule that that relates to the
control and limitation of fires.
B. A person found guilty of Unlawful Violation of a Fire Ban may be sentenced to a period of imprisonment not to exceed 365 days, a fine not to exceed
$5,000.00, or both, with costs imposed at the discretion of the
Court.
Section 14.6 Malicious Mischief
A. A person commits Malicious Mischief by intentionally disturbing, injuring or destroying any livestock or other domestic animal or property.
B. A person found guilty of Malicious Mischief may be sentenced to a period of imprisonment not to exceed 30 days, a fine not to exceed $100.00, or both,
with costs imposed at the discretion of the Court.
Section 14.7 Misbranding
A. A person commits Misbranding by knowingly and willfully misbranding or altering any brand or mark upon any livestock or other domestic animal belonging
to another.
B. A person found guilty of Misbranding may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both, with
costs imposed at the discretion of the Court.
OFFENSES INVOLVING ANIMALS OR NATURAL RESOURCES
Section 14.1 Assault by Vicious Animals
A. Should a vicious animal cause injury to a person or livestock, the owner will be held responsible for damages may be criminally prosecuted for assault.
B. “Vicious animal” means any animal that has a propensity to bite human beings or livestock without provocation.
C. While acting under color of law, a Tribal Law Enforcement officer may use deadly force against a vicious animal whenever he or she is threatened by a freely
roaming vicious animal in the public or private domain.
D. The provisions of this section shall not apply to animals owned or used by a law enforcement agency and used in the performance of police work.
E. A person found guilty of Assault by Vicious Animals may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00,
or both, with costs imposed at the discretion of the Court.
Section 14.2 Cruelty to Animals
A. A person commits Cruelty to Animals by intentionally, knowingly or recklessly:
1. subjecting any animal under his or her custody or control to cruel neglect or abandonment,
2. inflicting unnecessary physical injury to any animal;
3. killing any animal under the custody or control of another person without legal privilege or the consent of the owner, or
4. subjecting any animal to cruel mistreatment, including withholding of medical care necessary to prevent the prolonged suffering of an animal under the person’
s custody and control.
B. This offense shall not apply to any officer or agent of the San Carlos Apache Tribe, the United States, or the
State of Arizona acting in his or her official capacity.
C.A person found guilty of Cruelty to Animals may be sentenced to a period of imprisonment not to exceed 90 days, a fine not to exceed $500.00, or both, with
costs imposed at the discretion of the Court.
Section 14.3 Unauthorized Leasing
A. Any person who leases his or her land in violation of the tribal leasing regulations shall be deemed guilty of Unauthorized Leasing.
B. A person found guilty of Unauthorized Leasing may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 14.4 Cutting Green Timber without a Permit
A. Any person who, without first securing a proper permit, intentionally cuts any standing green timber off tribal land shall be deemed guilty of Cutting Green
Timber without a Permit.
B. A person found guilty of Cutting Green Timber without a Permit may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 14.5 Unlawful Violation of Fire Ban
A. It is unlawful for a person to enter or remain in any public building or on any public property in violation of any tribal order or rule that that relates to the
control and limitation of fires.
B. A person found guilty of Unlawful Violation of a Fire Ban may be sentenced to a period of imprisonment not to exceed 365 days, a fine not to exceed
$5,000.00, or both, with costs imposed at the discretion of the
Court.
Section 14.6 Malicious Mischief
A. A person commits Malicious Mischief by intentionally disturbing, injuring or destroying any livestock or other domestic animal or property.
B. A person found guilty of Malicious Mischief may be sentenced to a period of imprisonment not to exceed 30 days, a fine not to exceed $100.00, or both,
with costs imposed at the discretion of the Court.
Section 14.7 Misbranding
A. A person commits Misbranding by knowingly and willfully misbranding or altering any brand or mark upon any livestock or other domestic animal belonging
to another.
B. A person found guilty of Misbranding may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both, with
costs imposed at the discretion of the Court.
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"Protecting and
serving members and
visitors of the San
Carlos Apache Tribe"
serving members and
visitors of the San
Carlos Apache Tribe"