DOG BY-LAW #96-02 DATED -1997-03-17 of the Curve Lake First Nation, Band No. 35 & 35A BEING A BY-LAW TO RESPECTING THE CARE AND CONTROL OF DOGS ON THE Curve Lake First Nation, BAND No. 35 & 35A - PROVINCE ONTARIO, IN THE DISTRICT OF PETERBOROUGH. WHEREAS Section 81, (1) paragraphs (a), (d), (e), (q), and (r) of the Indian Act empower the Council of a Band of Indians to pass by-laws to provide for the health and safety of residents on the First Nation, the preventions of nuisances, the protection against and prevention of trespass by domestic animals, matters arising out of or ancillary to the exercise of powers under this section, and the imposition of a penalty for the violation of any such by-laws; AND WHEREAS the Council of the Curve Lake First Nation, Band No. 35 & 35A, is of the opinion that the uncontrolled ownership, breeding, and running at large of dogs may be detrimental to the health and safety of the residents on the First Nation, and a nuisance to such residents; NOW THEREFORE the Council of the Curve Lake First Nation No. 35 & 35A, in the Province of Ontario enacts a by-law thereof as follows: The Curve Lake First Nation, Band No. 35 & 35A enacts a by-law as follows: 1. In this by-law: ( a ) “Council” means the elected Band Council of the Curve Lake First Nation, Band No. 35 & 35A, in the Province of Ontario, District of Peterborough. ( b ) “dog” means any dog, male or female and includes a cross between a dog and wolf; ( c ) “dog control officer” includes the person of License Agent who has entered into a contract with the Curve Lake First Nation Administration to provide for the administration and enforcement of the provisions of this by law and more specifically to receive registrations and to issue identification tags under this by-law. ( d ) “animal register” means the register kept by the dog control officer for the purpose of the registration of all dogs on the First Nation. ( e ) “dwelling” means each single unit being a fully detached home, a semi detached home, a multiple attached home, an apartment home and any building used or intended to be used for human habitation and in which normal domestic functions may be carried on. ( f ) “environmental health officer” means the Environmental Health Officer of health so appointed by First Nation Council Resolution; ( g ) “muzzle” means to secure a dog’s mouth in such a fashion that it cannot bite anything; ( h ) “owner” of a dog includes a person who possesses or harbours a dog, and ‘owns’ and ‘owned’ have a corresponding meaning; CERTIFIED TFTTF. C O P Y “First Nation” means that tract of land set apart by Her Majesty for the use and benefit of the Curve Lake First Nation, Band No. 35 & 35A; Cheryle Anne Sayer "Commissioner for taking of Oaths Pursuant of the Indian Act
( j ) “at large or running at large” means that a dog is not restrained by a leash of two (2) metres or less and is off the premises of the owner and not muzzled or under the control of any person; ( k ) “villainous dog” includes: ( I ) any dog that demonstrates any ferocious, vicious, or aggressive behavior; ( II ) any dog that a dog control officer, upon reasonable and probable grounds, believes to be a villainous dog; ( III ) any dog which has been the cause of a prosecution under this by-law within the previous six months where a conviction against anybody ' had been entered concerning that specific dog; ( IV ) any dog which has bitten another animal or human without provocation. (1) “Euthanasia” means the humane destruction of an animal by lethal injection. 2. ( a ) The Council may appoint by First Nation Council Resolution a Licence Agent, or Dog Control Officer, to provide for the administration and enforcement of this by-law, and more specifically to receive registrations and to issue identification tags under this by-law. ( b ) The Council may, in the First Nation Council Resolution provide for reasonable renumeration to be paid to the Licence Agent or Dog Control Officer. Registration and Identification of dogs: 3. Every person keeping one or more dogs in the First Nation shall register and have an identification tag placed around the neck of each dog. 4. The application for registration and identification tag shall be filed with the Dog Licence Agent and include: ( a ) the applicant’s name; ( b ) the applicant’s address or lot number; ( c ) a description of the dog to be registered, including age, sex, name and breed if known; ( d ) the number of dogs in the household; ( e ) a record that the dog is immunized against rabies, noting the date of such immunization, the name of the person immunizing the dog including the maker’s name of the vaccine and its batch number; ( f ) any other information deemed by the Dog Control Officer to be necessary for the proper administration of the by-law. 5. The Dog Control Officer shall issue the licence tag upon registration and payment of CERTIFIED the annual fee and where, in the case of a dog, proof of immunization against rabies TRUE COPY is provided and where the dog owner is not otherwise in breach of this by-law. licence tag shall be securely attached to the collar or harness of the dog at all Cheryle A nn«Sw r ^ "Commissioner for taK g Pursuant o! P i-sgrnph 108(a) of the Indian Act
7. The registration and identification tag issued by the Dog Control Officer will be valid for only a fiscal year from the date of the issuance of the identification tag. If a dog is obtained after September 1 of that year, then the licence fee shall be Vi the regular cost. All moneys received from the sale of dog tags and also the renumeration of fines shall be kept for the benefit of the First Nation. 9. The Dog Control Officer shall supply a report quarterly and at such other times as the Band Council may direct, to outline the number of dogs picked up, redeemed, adopted, or euthanised. 10. The Dog Control Officer would satisfy all government regulations regarding kennels, insurance and humane euthanasia as well as required documentation and central computer input for registrations. 11. ( a ) The owner of new born dogs (pups) must register them as soon as possible after birth and not later than 60 days after birth. If dogs (pups) are given away or sold to new owners, this section shall apply, on or before the date. ( b ) The burden of proof is on the owner that a dog is less than 60 days old and that the dog is subject to registration and licensing immediately. ( c ) The owner of a dog, once the dog has attained the age of 6 Vi months, shall produce to the Dog Control Officer, a certificate of a veterinary surgeon to the effect that the dog has been spayed/neutered, or shall cause the same to be re-registered with the Dog Control Officer and shall pay the applicable fee to the Dog Control Officer. Immunization of dogs 12. All dogs in the First Nation must be immunized in accordance with generally accepted veterinary standards. The owner of a dog, is responsible for the dog and shall cause the same to be inoculated by a veterinarian against Rabies and each year thereafter, shall cause the same to obtain the necessary booster. 13. The owner of any dog exposed to rabies shall, on demand by the Band Council, surrender such dog to the Dog Control Officer to be held by the Dog Control Officer in quarantine for a period of 14 days and such animal shall not be released from such quarantine without the written permission of the Community Health Representative. 14. Following the quarantine period, any dog suspected to be infected with rabies shall be destroyed by its owner or by the Dog Control Officer at the expense of the owner. 15. Any new owner of a dog shall immediately comply with all of the requirements of this by-law. 16. ( a ) Upon application of the owner the Dog Control Officer shall enter the required information in the record and upon payment of the appropriate fee shall issue a dog tag. (b ) The owner shall ensure that the dog is wearing a collar at all times with the tag or licence attached to it. (c) ( I ) A change of ownership of a dog shall be reported to the Dog Control CERTIFIED Officer by the owner and the particulars of the change shall be TRUE COPY entered in the record. ( II ) A change in the ownership of a dog may be allowed and at the expense Cheryle Anne Sayer iOfittawiew owners and in compliance of the Dog Control Officer. "Commi i s s s s ioner for takmg ofOWW Pursuant of Para^u.^ (a) of the Indian Act"
( d ) A dog tag may not be transferred from one dog to another and applies only to the dog for which it was issued. ( e ) Every dog tag issued shall expire at the end of the fiscal year regardless of the date of registration. ( f ) In the event that a dog tag is lost, the Dog Control Officer, upon application of the owner, shall issue a replacement tag upon payment of a reasonable renumeration. 17. ( 1 ) A reasonable renumeration would be applicable for the registration of the dog and the issuance of tag pursuant to sections 3 and 4 and the following: ( a ) neutered male or spayed female dog a reasonable renumeration would be applicable. ( b ) Intact male and female over 7 months of age a reasonable renumeration would be applicable. ( c ) Senior citizens ( 60 and over) - lA above fees interim fee for puppies 60 days to 7 months - a reasonable renumeration would be applicable. ( d ) at which time of 7 months of age a further a reasonable renumeration would be applicable will be due and payable if still intact. ( e ) Registration due April each year. A reasonable renumeration would be applicable for a late fee after June. ( 2 ) In order to qualify for the fee for a spayed/neutered dog the owner shall produce, at the time of registration, a certificate of a veterinary surgeon to the effect that the dog has been spayed/neutered. ( 3 ) No fee, or part of a fee, is refundable in the event of the loss, death or transfer of ownership of a dog. 18. No person under the age of eighteen years shall own, harbor, or possess a dog, without the parents or guardians providing prior written consent to the Dog Control Officer. 19. No dog shall be allowed to run at large within the First Nation. 20. Any dog found running at large, committing a nuisance, or endangering the health and safety of residents of the First Nation will be restrained by the Dog Control Officer and will be impounded. 21. Complaints of a villainous dog shall be directed to the Dog Control Officer, the Dog Control Officer may, by written notification inform the dog owner, that the dog will be destroyed, should the owner fail to discipline or restrain the dog. 22. Villainous dogs that bite are to be tied up for ten (10) days by the dog owner. If in the opinion of the Dog Control Officer that this dog is dangerous, at the dog owners expense the dog will be destroyed by the dog owner or by the Dog Control Officer, after release is given by the Peterborough Public Health Unit. 23. The Dog Control Officer shall obtain written authorization from the Band Council or written consent from the dog owner, to destroy a dog under section (21) and (22) ERTIFIED above. RUE COPY » / (L^Lktv^ 0 Person shall own’ harbor, or keep an unregistered dog, or a dog without a Chervle Anne S -a tt n y d er » * ny such do o g may be seized by the Dog Control Officer and impounded. "Commissioner for Pursuant of Paragraph 108(a) of the Indian Act”
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25. ( a ) The Dog Control Officer shall maintain an animal shelter in which an impounded dog shall be placed. ( b ) Every animal shelter shall be open to the public for the purposes of claiming an impounded dog after paying the prescribed fee as directed by First Nation Council Resolution. ( c ) The Dog Control Officer shall ensure that each impounded dog is housed under sanitary conditions and receives food, water, and shelter to the extent necessary to maintain good health. ( d ) The Dog Control Officer shall maintain a record of each dog impounded including a general description, sex, apparent age, date, place and the basis for impounding, and tag number if known. Impounding and Seizure 26. ( 1 ) Upon impounding a dog, the Dog Control Officer shall: ( a ) notify the owner, in writing; ( b ) the notification must be hand delivered to the owner or the Administration Office if the owner is not available. ( c ) the notification shall advise of the impounding of the dog, the hours during which the shelter is open, the fee necessary to reclaim the dog, the possible disposition of the dog in the event it is not claimed, and the date by which the dog must be claimed. ( 2 ) If an impounded dog is not claimed within one clear day, (24 hours) of the giving of the notifications in section 26(1), the Dog Control Officer shall give three days notice at the time of delivery of notice advising the owner that the dog will be either euthanised or turned over to a humane society. ( 3 ) ( a ) The owner may claim an impounded dog within 5 days of seizure by payment of pound fees, dog tag fees and registration. If the owner does not claim the dog within the time periods mentioned above, the Dog Control Officer may sell the dog upon payment of all outstanding fees and charges including pound fees, dog tag fees and registration. ( b ) If an impounded dog is sold, pursuant to paragraph (a), the new owner shall comply with all requirements of this by-law including the registration, the issuance of a dog tag, and the payment of the fee therefore. ( 4 ) An impounded dog which is not claimed, sold, or surrendered to a humane society pursuant to subsection 26(3) may be destroyed by the Dog Control Officer in a humane manner, as directed by a veterinary surgeon. No damages or compensation may be recovered as a result of the destruction or disposal of a dog by the Dog Control Officer. (5 ) The applicable impound fee shall be a reasonable renumeration fee - which cover the cost and time involved in capture and transport of dog. Daily fee CERTIFIED or part thereof shall be a reasonable renumeration fee daily. TRUE COPY -N r ATL* No owner shall permit a dog belonging to him/her to be at large in the First Nation; Commi^K^erfo(-^akinA>P^t,fi?ntro* Officer may seize a dog from any person whom he/she has ‘ureuant"of Paragraph 1 'onable cause to believe is violating any of the provisions of the By-law. f the Indian Act"
( 2 ) If the dog is apprehended because it has inflicted an unprovoked bite upon an animal or human person, the Dog Control Officer shall impound the dog for such a period of time to be specified by a Environmental Health Officer. 29. Where, in the opinion of the Dog Control Officer, a dog seized under this section is injured or should be destroyed without delay for humane reasons or for reasons of health or safety to persons or dogs, the Dog Control Officer shall destroy the dog as soon after seizure as he/she thinks fit without permitting any person to reclaim the animals and no damages or compensation may be recovered on account of such action. 30. A written report of each such incident as described in this section shall be filed with the Band Council of Curve Lake First Nation. General Prohibitions 31. ( 1 ) Subject to subsection (2), every owner of a dog shall keep the dog safely tethered or penned up at all times. ( 2 ) A dog need not to be tethered or penned up as provided in subsection (1) if the dog: ( a ) is retained by a leash by a person capable of restraining the dog’s movements; ( b ) is being used by a person for the purpose of hunting; or racing, or; ( c ) is used as an aide by the physically challenged. 32. No owner shall allow a female dog in heat to remain in any public place unless such a female dog is attached to a leash and is accompanied by and is under the observation and control of the owner or his/her agent. 33. The owner of a dog shall take reasonable steps to ensure that such dog does not enter upon the property of others without being under the control or in the possession of the owner. 34. The owner of a dog which causes damage to any property including moveable property, garbage, lawns, flower gardens, flower beds, bushes or plants, or other parts of property, is guilty of an offence. 35. The owner of a dog shall immediately pick up and thereafter dispose of, any feces, vomit, or other waste left by the dog on any property, public or private. 36. No owner shall allow his/her dog to remain unfed or without water as sufficiently long either to amount to cruelty or to cause the dog to become a nuisance. 37. No person shall punish or abuse a dog in a manner to an extent that is cruel or unnecessary. 38. No owner shall permit a dog to bark, yelp, growl, otherwise annoy or disturb the peace of residents of the First Nation. CERTIFIED Prohibitions within specific areas of the First Nation TRUE COPY 39. ( a ) The Council may at any time prohibit the keeping of animals within any area ryle Anne Sayer mmissioner for taking of Oaths suant of Paragraph 108(a) he Indian Act"
( b ) Notice of any prohibition made by Band Council pursuant to paragraph (40) shall be posted in the Administration Office and after the date of the posting of such notice, no person shall keep or have a dog within the prohibited area. Villainous dogs 40. Anyone owning a villainous dog or aggressive dog must post a clearly visible sign notifying the public. 41. A villainous dog must, at all times, be muzzled and must be kept on a leash whenever it is in a public place. 42. On private property, a villainous dog shall be kept on a secure leash or in a restricted area that shall be constructed so as to prevent any escape by the dog and prevent the entry by children. Destruction where unable to seize 43. ( a ) Where the dog control officer, after reasonable effort, is unable to seize a dog that is running at large contrary to the provisions of this by-law, he/she may destroy the dog. ( b ) No damages or compensation may be recovered as a result of the destruction of a dog by the dog control officer pursuant to subsection (a). Protection from dogs 44. ( 1 ) Any person may kill a dog that is running at large and is in the act of pursuing, attacking, injuring, damaging, killing or destroying; ( a ) a person ( b ) another dog that is tethered; ( c ) a food cache, harness or other equipment, or ( d ) domestic livestock. ( 2 ) No damages or compensation may be recovered as a result of the destruction of the dog pursuant to subsection (1). Penalty Every person who contravenes any of the provisions of this by-law is guilty of an offence and is liable on summary conviction to a fine of not more than one hundred dollars ($100.00). For the second offence within a twelve month period the fine shall be five hundred ($500). CERTIFIED TRUE COPY Cheryle Anne Sayer "Commissio i n n e e r r f f o o r r t t aking of Oaths Pursuant of P P a a r r a ag g r r a a j ph 108(a) of the h-i.-u.,.■ ■' Actt"
THIS BYLAW IS HEREBY made at a duly convened meeting of the Council of the Curve Lake First Nation No. 35 & 35A, on March 17,1997. Voting in favour of the by-law are the following members of the Council. Chief Gary Williams Councillor Vanessa Boudreault Councillor Ted Coppaway Councillor David Johnson Councillor Keith Knott Councillor Robert Pierson Councillor Michael Whetung Councillor Phyllis Williams being the majority of those members of the Council of the Curve Lake First Nation No. 35 & 35A, present at the foresaid meeting of Council. The quorum of the Council is five (5) members. Number of members of the Council present at the meeting: I, M oilu L O l ib v w A -_________ , Chief of the Band, do hereby certify that a true copy^of thejoregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 82(1) of the Indian Act, this (~7 day of AAa£chtV______ , 1997. CERTIFIED TRUE COPY Cheryle Anne Sayer "Commissioner for taking of Oaths Pursuant of Paragraph 108(a) of ihc Indian Act
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.