CHAPTER 31

LIVESTOCK CODE

SECTION 1. DUTIES OF PUBLIC SAFETY COMMISSIONERS

The Public Safety Commissioner is vested with the powers and duties to administer and enforce all ordinary rules and regulations pertaining to the inspection, sale, branding, misbranding, ownership, transportation or theft of livestock. This Ordinance shall in no way restrict the authority of other law enforcement agencies to enforce the same ordinance, rules and regulations.

SECTION 2. TRIBAL POLICE TO SERVE AS INSPECTORS

It shall be the duty of the Police Lieutenant or the Police Sergeant in each of the Districts of the Pine Ridge Indian Reservation to act as inspectors for all livestock within their Districts. Each officer so designated as an inspector shall be charged with the enforcement of all laws pertaining to the inspection, sale, branding, misbranding, ownership, transportation or theft of livestock.

SECTION 3. LIVESTOCK OWNERSHIP AREA

All lands within the boundaries of the Pine Ridge Indian Reservation is hereby designated the Pine Ridge Livestock Ownership Inspection Area.

SECTION 4. INSPECTION REQUIRED; EXEMPTION

It shall be unlawful for any person or carrier, their agent or employee, to transport in any manner, any livestock upon which a brand is used. Such livestock shall have first had an ownership inspection. For inspection purposes, livestock shall include cattle, horses, mules, and sheep. Livestock transported from one point to another within the livestock ownership inspection area by the owner thereof or his employee who possesses written permission from the owner of the livestock shall be exempt from the provisions of this Section, provided however, that the owner has received from the brand inspector, a permit to transport such livestock and the permit is in possession of the driver of the transport vehicle.

SECTION 5. WORK, SHOW OR RODEO HORSES EXEMPT

Notwithstanding the provisions of Section 2, an owner of horses who wishes to move such animals out of or within the brand inspection area for the purposes of work, show, or attendance at a rodeo may obtain a written permit from the Tribal Brand Board for the movement of such horses. The written permit shall remain in effect for the life of the horses described thereon, but such permit shall not be used to transfer ownership of such horse, and it will become void when such horse changes ownership.

SECTION 6. SHIPPERS OR CARRIERS AGREEMENT

In lieu of an inspection for brands and ownership, a shipper or carrier proposing to move ,livestock from any .part within the livestock inspection area, which point requires an inspection before allowing the livestock to come to rest or to be sold, shall secure a shippers or carriers agreement for such transportation, in writing, upon a form signed by an authorized representation of the Public Safety Commission. The form shall include the following information:

1. The name of the owner or owners of the livestock.

2. The numbers, kinds, breed, color, sex and brand marks of the livestock.

3. The date(s) of transportation.

4. The name or names of the owner or owners of the motor vehicle transporting the livestock, and license of the vehicle.

5. The place of origin of the shipment and location of loading point.

6. The destination of the shipment and the person, firm, or corporation to whom consigned.

SECTION 7. FAILURE TO INSPECT SHIPMENT WITHOUT AGREEMENT OR DIVERSION AS MISDEMEANOR

Failure to have livestock inspected, transportation of livestock without a shippers or carriers agreement, or diversion of the livestock shipment from the place designated in the agreement without inspection, shall be a misdemeanor and a violator, upon conviction, shall be sentenced to labor for a period not to exceed six (6) months, or to a fine not to exceed three hundred and sixty dollars ($360.00), or to both such fine and imprisonment, with costs.

SECTION 8. TRIBAL POLICE OFFICERS STOPPING VEHICLE FOR INSPECTION, LIABILITY FOR DAMAGES

It shall be lawful for any Tribal Police Officer, to require any person transporting livestock to stop any vehicle transporting such livestock, for the purpose of examination and inspection of permits to transport livestock, shippers agreement, local ownership inspection certificates, bill of sale, brands, marks, or other means of identification, which said inspection and examination shall be made within a reasonable length of time. Such Tribal Police Officer may demand any such person to unload such livestock at the nearest suitable locations for further inspection and examination, if such Tribal Police Officer deems it advisable, and such inspection to be made within a reasonable length of time. Neither the Tribal Officer nor the surety of his official bond shall be liable for any damages incurred by reason of any injury to such livestock, loss of time, shrinkage, or any other like cause.

SECTION 9. LIVESTOCK IDENTIFICATION REQUIRED

It is unlawful to possess or own livestock which are located within the boundaries of the Pine Ridge Reservation for thirty (30) days or more, unless the livestock shall have been branded, tattooed, marked, or photographed for identification purposes . If the livestock are branded, such brand must be registered with the Office of the Brand Board of the State of South Dakota and the Public Safety Commission.

Any person who violates this Section, upon conviction, shall be sentenced to a period of labor of up to six (6) months in the Tribal Jail, or a fine not to exceed three hundred and sixty ($360.00), or to both such fine and imprisonment.

SECTION 10. REGISTRATION PRIMA FACIE EVIDENCE OF OWNERSHIP

In any action or proceeding at law or in equity, when the title to any livestock is involved, the brand, mark, tattoo, or photograph of any animal shall be prima facie evidence of the ownership of the person whose mark, tattoo or photograph it may be, if such has been registered as provided by law.

SECTION 11. TRANSPORTATION OF LIVESTOCK OFF RESERVATION

It shall be unlawful for any person to ship any livestock outside of the Pine Ridge Reservation or to load any such livestock on board any car, truck or trailer for the purpose of shipping such livestock out of the Reservation, or to drive any such livestock out of this Reservation to the place of business of any transportation company for the purpose of shipment, unless such person is the owner of such livestock or has written authority from the owner thereof to ship the same.

SECTION 12. TRANSPORTATION WITHIN THE RESERVATION

It shall be unlawful for any person to ship any livestock from one place to another on the Reservation with intent to deprive the owner thereof of the livestock, or to load any livestock on board any car, truck, or trailer, for the purpose of such shipment.

Any person who shall violate this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than seventy-five dollars ($75.00) and not more than one hundred dollars ($100.00) for each offense, and each head of cattle so shipped or loaded shall be deemed a separate offense; or by imprisonment in the Tribal jail not to exceed six (6) months, or by both such fine and imprisonment.

SECTION 13. REMOVAL OF HIDE FROM CARCASS

It shall be unlawful for any person to remove the hide from a carcass of any livestock found dead without the consent or authority of the owner thereof . Any person who shall violate this Section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than three hundred dollars ($300.00) or by imprisonment in the Tribal jail not to exceed six (6) months, or both such fine and imprisonment.

SECTION 14. POSSESSION OF HIDE WLTH BRAND REMOVED

It shall be unlawful to possess the hide of any livestock from which the brand has been removed. Any person who shall violate this Section shall be guilty of a misdemeanor and upon conviction, shall be punished by imprisonment in the Tribal jail of up to thirty (30) days, or by a fine of up to sixty dollars ($60.00), or both such fine and imprisonment.

SECTION 15. INSPECTION FEE FOR LIVESTOCK

It shall be the duty of the Public Safety Commission to charge and collect a fee of twenty-five cents ($.25) per head on livestock inspected in accordance with the provisions of this Chapter. The owner or seller of the livestock so inspected, shall be held responsible for the inspection fee.

SECTION 16. PROOF OF OWNERSHIP REQUIRED FOR ANIMALS NOT BEARING SHIPPERS OR SELLERS BRAND OR BEARING TWO OR MORE BRANDS

If any animal inspected under the provisions of this Chapter has an unrecorded brand or a recorded brand other than the brand of the shipper or seller and does not bear the recorded brand of such shipper or seller, or bears two or more brands, one of which being other than the brand or brands of the shipper or seller, than the shipper or seller shall be required to establish his ownership by furnishing to the inspector a witnessed bill of sale for such animal or animals, or by other satisfactory evidence of ownership . If the shipper or seller fails to establish ownership of any animal, such animal shall be held or sold under the direction of the Public Safety Commission. In the event the animal is sold, the proceeds from the sale of such animal shall be held until such time as the Public Safety Commission orders such money, with account of sale, released to the rightful owner. In the event of the sale of the animal, the shipper or seller of such animal shall be required to establish ownership of the animal within sixty (60) days after the sale thereof by producing satisfactory proof thereof to the Public Safety Commission or its duly authorized agent. in the event the shipper or seller of the animal sold, fails to establish ownership within the prescribed time period, the proceeds of such sale shall be paid into the operating fund of the Tribal Brand Board.

SECTION 17. FORGERY OF INSPECTION CERTIFICATE OR PERMIT

It shall be unlawful for any person to falsely make or forge any livestock ownership inspection certificate or any permit or agreement provided for in this Chapter. Any person who shall violate this Section, shall be guilty of a misdemeanor and upon conviction thereof , shall be punished by a fine not to exceed three hundred and sixty dollars ($360.00), or by imprisonment in the Tribal jail not to exceed six (6) months, or both such fine and imprisonment.

BE IT FURTHER ORDAINED, that this Ordinance supersedes Resolution no. 80-35.