Part II - Enacted First Nations Legislation

Decision Information

Decision Content

jij-foo-iaKio Kti iLt & STONY POINT 961 P09 SEP 18 01 10:34 CHIPPEWAS OF KETTLE & STONY POINT BY-LAW NO. 17-3 REGARDING DOG CONTROL TO REPEAL AND REPLACE BY-LAW NO. 17-2 ENACTED ON SEPTEMBER 13,1999 WHEREAS Sections 81(lXa), (d), (e), (q) and (r) o f the Indian Act empowers the Kettle and Stony Point Band Conned to pass by-laws to provide for the health o f residents on the Lands, the prevention of nuisances, the protection against and prevention o f trespass of domestic animals, any matters arising out of or ancillary to, and the imposition of a penalty for the violation of any such by-law; AND WHEREAS the Council o f the Chippewas of Kettle and Stony Point is of the opinion that the uncontrolled ownership, breeding and running at large o f dogs may be detrimental to the health of the residents on the Lands and a nuisance to such residents; NOW THEREFORE, the Council of the Chippewas of Kettle and Stony Point HEREBY ENACTS A BY-LAW AS FOLLOWS: ggQBT.: LJt 1 This by-law may be cited as the "Kettle & Stony Point Dog Control By-Law". INTERPRETATION 2 (1) "Council" means the duly elected Chief and Council for the Kettle and Stony Point First Nation. (2) "Lands" means the geographical area set aside for the use and benefit of the Chippewas of Kettle and Stony Point First Nation. (3) "Dog" means any dog, male or female, more than four months old. (4) "Owner" means any person who possesses or harbours a dog for any period of time, and "owns" or "owned have a corresponding meaning. (5) "Public place" includes roads, highways, parks, recreation areas, playgrounds, band property or any other place to which the public is customarily admitted.
iuu c.iEjo isc i i l c & b lU N Y KG I NT 961 P10 SEP 18 01 10:34 Dog Control By-Law_________________________________________________ Paye 2 2 (6) "Villainous Dog" means: (a) any dog that demonstrates any ferocious, vicious, or aggresive behavior, (b) any dog that an animal control officer, upon reasonable and probable grounds, believes to be a villainous dog; (c) any dog which has been the cause o f a prosecution under this by-law within the previous six months where a conviction against anybody had been entered concerning the dog; (d) any dog which has bitten another animal or human without provocation. (7) "Animal Control Officer" means an animal control officer appointed pursuant to Section 6 , or any by-law enforcement officer and includes an officer of the Kettle and Stony Point Anishinabek Police Service or a person employed by the Council for the purpose o f enforcing the provisions of this by-law. (8) Band Rental Unit means any house, apartment, or dwelling, which is owned by the Band and is rented or leased to a person by the Band (9) Small-Breed Dog is a dog which does not exceed the weight of 25 lbs. LIM IT ON NUMBER OF DOGS PER HOUSEHOLD 3 Except as otherwise provided, no person shall keep, or permit to be kept, in any one household or on any one premise more than two dogs provided that the young puppies thereof may be kept for a period not exceeding four months after birth. BAND-RENTAL UNITS 4 No person shall keep, or permit to be kept any dogs in any band-rental unit, other than small-breed dogs as defined in this by-law. GENERAL PROHIBITIONS 5 (1) (a) All dogs of the breeds, Rottweiler, Doberman Pinscher and Strassordshire Bull Terrier, when upon their private premises, ate at all times to be tethered, fenced or penned up by the owner. (b) Any other dog, where reasonable cause to believe it is a villainous dog, when upon its' private premises, is at all times to be tethered, fenced or penned up by the owner,
I uu ^.J-eJO INC. I I LtL 2Se b l U N Y P O I N T 961 Pll SEP 18 01 10:35 Dog Control By-Law Page 3 5 (2) (a) All dogs of the breeds, Rottweiler, Doberman Pinscher and Strassordshire Bull Terrier are at all times to be tethered or held on a leash by a person capable of restraining the dog's movements, when away from their private premises and upon another person's private property or on any public property. (b) Any other dog, where reasonable cause to believe it is a villainous dog, is at all times to be tethered or held on a leash by a person capable of restraining the dog's movements, when away from its' private premises and upon another person's private property or on any public property. (3) No owner of a dog shall allow such dog to remain unfed or unwatered as sufficiently long as to either amount to cruelty or to cause the dog to become a nuisance. (4) No person shall punish or abuse a dog in a manner or to an extent that is cruel or unnecessary. (5) The owner of a dog which causes damage to any property including moveable property, lawns, flower gardens, flower beds, bushes or plants, or other parts of property, is guilty of an offence. IMMUNIZATION OF DOGS 6 The owner of a dog shall ensure that the dog has been vaccinated yearly for Rabies and Distemper. ANIMAL CONTROL OFFICER 7 (1) The Council may appoint an animal control officer to provide for the enforcement of this by-law. (2) The Council may provide for reasonable remuneration to be paid to the animal control officer. PENALTY 8 (t ) Any 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) or to imprisonment for a term not exceeding five (5) days, or to both.
ox^-roD-^iüa KtllLt ü STONY POINT 961 P12 SEP 18 01 10:35 Dog Control By-Law PageS THIS BY-LAW IS HEREBY made at a duly convened meeting o f the Council of the Chippewas of Kettle & Stony Point dated on th is________day o f__________________ _ 2001. THAT THIS Council do hereby approve By-Law No, 17-3 regarding Dog Control on the Lands and to repeal and replace By-Law No. 17-2 enacted on September 13,1999. Quorum: Six (61 I, Corrinda Jackson (Membership/Estates/GovemimccL of the Kettle & Stony Point First Nation, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister o f Indian & Northern Affairs Canada at the District Office in Brantford, Ontario pursuant to subsection 82(1) of the Indian Act, this I e? day of .... , 2001.
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