Part II - Enacted First Nations Legislation

Decision Information

Decision Content

MARTEN FALLS INDIAN RESERVE #65 #6 BEING A BY-LAW TO CONTROL DOGS ON THE RESERVE. WHEREAS UNDER SECTION 81(A) AND (E) OF THE INDIAN ACT, R.S., C. 149, S. 1, THE COUNCIL OF THE BAND IS EMPROWERED TO MAKE BY-LAWS TO PROVIDE FOR THE O H N E AL T T HE H O R F E SE R R E V S E I . DENTS AND TO PROVIDE FOR THE PROTECTION OF DOMESTIC ANIMALS AND WHEREAS IT IS CONSIDERED THAT CONTROL ON THE OWNERSHIP OF DOGS AND PRE­ VENTION OF DOGS RUNNING LOOSE LEAVING OBNOXIOUS DEBRIS ALL OVER THE COMMU­ NITY IN BOTH LIQUID AND SOLID FORM, UPSETTING GARBAGE CANS AND CAUSING GENERAL MISCHIEF, ALL OF WHICH IS DETRIMENTAL TO THE HEALTH OF LOCAL RESI­ DENTS AND THEIR ENVIRONMENT. NOW THEREFORE THE COUNCIL OF THE MARTEN FALLS BAND OF INDIANS ENACTS AS A BY­ LAW THEREOF THE FOLLOWING. 1. IN THIS BY-LAW: (A) "RESERVE" MEANS THE MARTEN FALLS INDIAN RESERVE #65 SET APART FOR THE USE OF THE BAND. (B) "COUNCIL" MEANS THE COUNCIL OF THE MARTEN FALLS BAND OF INDIANS AS DEFINED IN THE INDIAN ACT. (C) "POLICE" MEANS THE BAND CONSTABLE, THE BAND SPECIAL CONSTABLE, THE O.P.P., AND THE R.C.M.P. (D) "POUND" MEANS AN ENCLOSURE WHERE DOGS THAT ARE RUNNING LOOSE MAY BE IMPOUNDED. (E) "CONTROL" MEANS TO TIE AN ANIMAL IF THE ANIMAL HAS A HABIT OF WAN­ DERING AROUND THE COMMUNITY AWAY FROM THE HOME OF THE OWNER. 2. THE PEOPLE OF THE RESERVE AT OGOKI POST, ONTARIO, STATUS OR NON-STATUS MUST CONTROL THEIR DOGS BY WHATEVER HUMANE MEANS AT THEIR DISPOSAL. 3. THE POLICE IS AUTHORIZED TO IMPOUND ALL LOOSE DOGS AT THE POUND AND MUST THEREAFTER IMMEDIATELY NOTIFY THE OWNER OR POST A NOTICE THAT THE DOG OR DOGS IMPOUNDED MUST BE CLAIMED BY THE OWNER WITHIN THREE(3) DAYS OF THE SAID NOTICE. 4. FOR EACH DAY THAT THE DOG IS IMPOUNDED THERE SHALL BE A FEE OF $5.00 PER DAY LEVIED AGAINST THE OWNER TO COVER THE COST OF MAINTENANCE OF THE DOG. 5. ALL DOGS IMPOUNDED AT THE POUND THAT ARE NOT CLAIMED AFTER THE SAID NOT­ ICE ARE TO BE DESTROYED APPROXIMATELY ONE(l) MILE AWAY FROM THE MAIN COMMUNITY, BY THE POLICE, AND MUST BE BURNED AT THE GARBAGE DUMP. 6. ONLY THE POLICE IS AUTHORIZED TO DESTROY DOGS ON THE RESERVE IN ACCORD­ ANCE TO THE PROVISIONS OF THIS BY-LAW. 7. ANY OTHER PERSON, OTHER THAT THE POLICE, WHO DESTROY DOGS ON THIS RESERVE IS LIABLE TO PROSECUTION PURSUANT TO SECTION 7 OC THIS BY-LAW. 8. A G N U Y I LT P Y E RS O O F N AN W HO O FF V E I N O C L E A TE A S N D AN S Y H AL O L F B T E H E LI P A R B O L V E I SI O O N NS S U O M F M AR T Y H IS C O B N Y V I L C A TI W O N S HA TO L L A BE F INE NOT EXCEEDING ONE HUNDRED DOLLARS OR TO IMPRISONMENT OF THIRTY DAYS OR TO BOTH FINE AND IMPRISONMENT.
APPROVED AND PASSED AT A DULY CONVENED MEETING OF THE COUNCIL THIS L1TH DAY OF OCTOBER 1979. ELI MOON I AS_______________________________________________ (CHIEF) (BAND MANAGER) ________ MOSES COASTER ________ __________ TOM MOONIAS________ (COUNCILLOR) (COUNCILLOR) [, ELIJAH MOONIAS, CHIEF OF THE MARTEN FALLS BAND OF INDIANS DO HEREBY CERTIFY THAT A TRUE AND EXACT COPY OF THE FOREGOING BY-LAW #6 WAS FORWARDED ?0 THE MINISTER PURSUANT TO SECTION 82 S.S. 1, OF THE INDIAN ACT THIS L1TH DAY OF OCTOBER 1979. ELI MOONIAS (CHIEF)
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