1otaj£Hïeuweïif»tNNATioN ^ o ô i a - 1̂ By-Law No. A BY-LAW RESPECTING TH E PRO H IBITIO N ON TH E RESERVE O F AM ERICAN PITBULL TERRIERS AND AM ERICAN STAFFORDSHIRE TERRIERS ENACTED THIS 27 DAY OF FEBRUARY , 199 5. W HEREAS: 1. Subsection 81(l)(a), (d), (e) (q) and (r) o f the Indian Act, R.S., 1985, c. 1-5, empower the Council o f a First Nation to make by-laws for the health o f reserve residents, the prevention o f nuisances, the prevention of trespass by domestic animals, matters ancillary to the exercise o f these powers, and penalties for violation o f these by-laws; 2. The Council of Couchiching First Nation is of the opinion that the ownership, possession, and running at large of certain animals may be detrimental to the health and safety o f reserve residents, and a nuisance to such residents; NOW TH EREFO RE the Council of Couchiching First Nation enacts the following By- Law: 1. Short Title This by-law may be cited as the “Couchiching F irst Nation Pitbull C ontrol ByLaw ”. 2. In terpreta tion In this by-law: a) “animal control officer” means any peace officer as defined in Section 2 o f the Criminal Code, R.S.C., 1985, c. C-46; b) “at large ” means not under the apparent control o f any person; c) “Council” means the Council of Couchiching First Nation; d) “owner” means a person who owns, possesses or has control o f a pitbull; e) “pitbull” means an “american pitbull terrier” or an “american Staffordshire terrier”, a breed of dog derived from the cross-breeding a bulldog and any o f the various breeds o f short-haired terriers; f) “reserve” means the Couchiching Indian Reserve #16A, Fort Frances, Ontario; g) “visitor” means anyone other than a resident o f the reserve who is at anytime within the territorial jurisdiction of the reserve. 3. Prohibition a) No person who is resident on the reserve shall own, possess or have control o f a pitbull on the reserve. CERTIFIED TRUE COPY GÈNE A. BANNON JUSTICE OF THE PEACE M & FOR THE PROVINCE OF ONTARIO
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2 b) No person who is a visitor to the reserve shall possess or have control o f a pitbull on the reserve. 4. Animal Control Officer a) The Council may by resolution designate an individual as an animal control officer in order to administer and enforce this By-Law. b) The Council may by resolution provide that reasonable remuneration be paid to an animal control officer for the performance o f his or her duties. 5. Seizure of Pitbulls a) An animal control officer may seize any pitbull that is found at large on the reserve. b) An animal control officer may seize any pitbull from any person who appears to own, possess, or be in control o f a pitbull on the reserve. c) Subject to section 6, an animal control officer who has seized a pitbull shall restore possession of the pitbull to the owner where: i) the owner claims possession within five (5) days after the date o f seizure; ii) the owner pays to the animal control officer all expenses incurred in securing, caring for and feeding the pitbull; and, iii) the owner has received a notice o f offence for violation o f this By- Law; iv) the owner undertakes to immediately remove the pitbull from the reserve. 6. Destruction if Seizure Difficult or Public Safety at Issue If, after reasonable effort or should public safety be at issue in the sole discretion o f the animal control officer, the animal control officer is unable to seize any pitbull found on the reserve, the pitbull may be destroyed in a manner the animal control officer deems appropriate in the circumstances, and no person may recover damages or compensation as a result o f such action. 7. Impounding Pitbulls a) Upon seizure o f any pitbull pursuant to section 4, the animal control officer shall impound the pitbull for a period o f not less than five (5) days, after the date o f seizure and shall immediately make reasonable efforts to notify the owner. b) If ownership o f the pitbull is not claimed within the time prescribed by subsection 7(a), the animal control officer may destroy and dispose o f the pitbull in a humane manner, and no person may claim damages or compensation as a result o f such action. 8. Impounding After Attack a) I f any pitbull seized has inflicted an unprovoked bite upon any person or upon another animal, the animal control officer shall impound the pitbull for such period of time to be specified by a veterinarian.
3 b) Where any pitbull has been impounded pursuant to subsection 8(a), the animal control officer may, upon direction from a veterinarian, destroy and dispose o f the pitbull in a humane manner, and no person may recover damages or compensation as a result o f such action. 9. In ju ry to Pitbull a) If any pitbull is found to be injured or diseased, the animal control officer shall seek veterinary attention for the pitbull in the case where the owner has declined or neglected to do so, and the owner shall pay to Couchiching First Nation all costs arising from the provision o f such veterinary care. b) Where any pitbull has been injured and, in the opinion o f the animal control officer, should be immediately destroyed, either for humane reasons or to protect the health and safety o f reserve residents, the pitbull may be destroyed in a manner the animal control officer deems humane and appropriate in the circumstances, and no person may recover damages or compensation as a result o f such action. 10. Protection from Pitbulls Any person on the reserve may immediately destroy any pitbull that is in the act o f pursuing, attacking, or injuring a person or another animal, and no person may recover damages or compensation as a result o f such action taken by that person. 11. R eport to Council The animal control officer shall submit a written report to the Council after any violation o f the provisions o f this By-Law. 12. Penalty Any person who contravenes the provisions o f this By-Law is guilty o f an offence and is liable upon summary conviction to a fine o f not less than one hundred ($100.00) dollars and not greater than one thousand ($1,000.00) dollars, or imprisonment for a period not exceeding thirty (30) days, or both. THIS BY-LAW IS HEREBY ADOPTED AND APPROVED by Resolution of the Council o f Couchiching First Nation this 27 day o f F e b r u a r y , 1995 .. being the majority of those members o f the Council of the Couchiching First Nation present at the aforesaid meeting o f the Council. The quorum o f the Council is 4 members. Number o f members o f the Council present at the meeting:__7
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