09/15/99 WED 09:14 FAX 519 751 2666 DIAND DELAWARE NATION COUNCIL Moravian of the Tham es Band Phone (519) 692-3936 Fax (519) 692*5522 THE DELAWARE NATION OF MORAVIANTOWN Being a By-Law Respecting the Control of Dogs on the Reserve wMEFlfeÀS section 81, paragraph (a), (d), (e), (q) and (r), of the Indian Act empower the Council of Delaware Nation to pass by-laws to provide for the health of residents on the reserve, the prevention of nuisances, the protection against and prevention of-trespass by d£rçestioaNn§afe(, ràétte?s.jséisi|ig oÿt of or ancillary to the exercise of powèrs* under this section, and the’imposition of à'penalty for me * violation of any such by-law; , : - ' ■ ■ !i iv'i* Jivijiv'l'di, > ;| i j j v AND W HER EÀS the Council of the Delaware Nation, is of the opinion that the uncontrollëd ownership; breeding; and running at large of dogs may be detrimental to the health of the residentsoh; reserve, and a nuisance to such residents; TH ER EFO R E, the Council of the Delaware Nation enacts a by-law as follows; * ï |i i 'i : S H O R T T IT L E i S 1. This by-law may be cited as the “Delaware Nation Dog Control By-Law". IN T E R P R E TA T IO N - In this by-law: M|: < f. “council” means the Council Of thé Delaware* Natibn; “dog* means any dog, male or férnate, nidrè thartfouf month anirhal that is a cross between a dog and a wolf; “muzzle*1 means to secure à dog's mouthihsuch à fashion that ft cannot bité'ahything; : : llj y l.K; if ly Hi •** “officer” means any mèrtiber of the Delaware Nation Police Force, as appointed by the Council, or any duly appointed dog-catcher; “owner” of dog includes a person who possesses or harbors a dog, and “owns” and “owned” have a corresponding meaning; “at large" or “running at large” means off the premises of the owner and not muzzled or under control of any person; “reserve" means the Delaware Nation Reserve No. 47 -■ ■ ■ 1 i. : ■ ■ '.•■■ ,/ hi1 ■•■■■■,i >y . : r. i ‘‘-v • ‘T'V'J « ; 'Ji /u.-: ■ \ . ■:> • hl:yïrU:.à fiün )ïr\-.nv: @003 R.R.3, THAMESVILLE, ONT. NOP2KO ? ; i .I h o n si/i"; H u fs il. If ' ' ■ ■ v : in (■):'** 5 U , t , . ■ U Us • ■ * ? ' i î : i.'1 • ; ,:V y H:'.; » : j |;v. 'J\- - y jiy'? i^voj)|!on «I -# '1^1 a.ifiisilfe . s .. . o ... l . d .. .. d .. h .. d ... . I . n .. c ... l . u .. d .. e ik s1 i !a f h m .. .. * . ......... , i . , f h n <! | T . if ' •>1 ' . . ; ; : y ^ ;-i 1 . ■ ;rii‘
09/15/99 WED 09:14 FAX 519 751 2666 DIAND @004 , h < ; . (1 ) Subject to subsection (2), every owner of a dog shall keep the dog safely tethered or penned up at'all timesj 1 (2) No household shall have more than three (3) dogs in their possession at one time. (3) A dog need not be tethered or penned up as provided in subsection (1) if the dog: (a) is held on a leash by a person capable of restraining the dog’s movements; (b) i is being used by a person fpr the purpose of hunting; (c) is being used by a visually impaired person as a guide dog; (d) the dog is not off the premises of the owner. (4) No owner shall allow their dog to remain unfed or unwatered as sufficiently long either s ! a to. amount to cruelty pr to cause the dog to become a nuisance. • ! 1 (5) No person shall punish or abuse a dog in a manner or an extent that is cruel or unnecessary. ; ' ' . ' ' , vs; ! ;?:>*? ;-H M' M ■ ' ■ ' l '';|V M ’ ' ̂ j[ H , f| l,; , j ̂ < y' f ; ; %J (6) Nib owner shall pértnit a female dog in heat to be off the owner’s premises. (7) No Pit-Bulls allowed on the Reserve. ' -^ i i , ; i ; ^ (6) jibe Council m aÿat ahÿtimè prohibit thé këepirid of dogs Within thé àféa’of Ibe rèsetve that is Delaware Nation owned i>clÉ':1h6t]6ricllviGteiâl,CLF*;-lafndJ ' V' J" 1 ■ ■ H SEIZURE ‘ *■; ;■ "■) ^ ' , , 1 : • ^ ; j. 4. ( i ) An officer may séize a dog from any pérôonWhom ttie officter hàs reasonable cause to believe is violating or has violated or is about to violate any of the provisions of this by-law. ! ",:i v .:: ' (2) ^übjèct to subsection (4), an offifcèrwho has steized à dog pursuant tO S ubsection(l) shall restore possession of the dc/g‘ toits Owner' Where:',' 1 (a) the owner claims possession of the dog within five (5) days after the date of seizure, and; ; ,!i. : h"! ' •• ! ' ■/ ’if j V i j . ’ ? . ' 'i, ■- j -1 ; ,.... (■ . . . the oWnpr pays to the officer all expenses incurred in securing, caring for and * ' \ fèediriÿthéfdûg: "MS.j i;‘ i^ -ii ; ;\sv:.0?ï (0) the owner has been notified by the officer through identification of the dog. (3) Where a dog hds potbeen reclaimed Within five (5J daÿk after1 sëÉ^fë ârid àltef evèry reasonable means to notify the owner has been ëxhaüëtéà,’ pütëüàht^ô subsection (2), the officer may destroy or dispose of the dog as he sees fit and no damages or compensation may be recovered as a result of the destruction or disposal of a dog by the officer. /; Y . (4 ) W here, in the jopibidn of the officer, a dog seized under this section iS injured, diseased, or should be destroyed without dèlay for humane reasons or for reasons of pealth or safety, the officer shall destroy the dog as soon after the seizure as he thinks fit1 and no damages or compensation may be recovered a s ,a feSult‘Of the^bsthictibn o f i'd o jj by th«?bfTi6»n s 5 i i V : ' V tf • j > Si-, - i:;. . V -ii'.î.'j. W! Ul.i f '■:>) .,1à\ ïiH U i' i ; ; / i : ' l i t ' : : :
^ ^ ^
^
^
09/15/99 WED 09:15 FAX 519 751 2666 DIAND ® 006 - - i l l ! , , ' " D ESTR U C TIO N W HER E UN ABLE T O SEIZE 5. (1) W here an officer, after reasonable effort, is unable to Seize a dog that is running at large contrary to the provisions of this by-law, he may destroy the dog. (2) No damages or compensation may be recovered as a result of the destruction of a dog by an officer pursuant to subsection (1). P R O TE C TIO N FROM D O G S 6. (1) A ny person m ay destroy a dog that is running at large and is in the act of pursuing, attacking, injuring, damaging, killing or destroying; ! i f J1 | ' ' * f [ # # f i M h W w w m i fowl that is tethered or pennëd. ' (2) No damages or compensation may be recovered as a result of the destroying of a dog by any person pursuant to subsection (1). P É N A U Y U (1) Every person who contravenes ànÿ of the provisions of this by-laW is guilty'6f an offence and is liable on summary conviction to a fine of not mbre then five hundred dollars ($500.00) or to imprisonment for a term not exceeding thirty (30) days, or both. TH IS B Y-LA W IS H E R E B Y enacted by the Council of the Delaware Nation at a duly convened meeting of the Council dated on the/ .» t/ / Day of 999 being the majority of those members of the pouncil of the Delaware Nation present at he aforesaid meeting of the Council. The quorum of the Council is 3 members. Number of members of the Council present at the meeting I, Chief Leighton Hopkins of the Delaware Nation, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/Huil Offices (as the case may be) pursuant to subsection 82(1) of the Indian Act, this I 3 r u Day of .1999: I ■ i - j ' l • Û r"î. -V : ; : ? ; * i I t
^
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.