0 7 / 1 6 / 9 7 1 0 : 5 8 © 6 0 4 6 6 6 6 4 7 4 LANDS TR U ST SERV @ 0 0 2 / 0 0 4 Indian and Northern Affairs Canada Chronological No. 15 Indian? uilt Affairs BAND COUNCIL RESOLUTION The WQfds ‘‘From our Band Funds* "Capital" or "Revenue", which over is the case, must appear in all resolutio ta rag jesting expenditures from Band Funds', T H E C O U N C IL O F T H E Current Capital Balance Nanaimo First Nation AGENCY Vancouver Island Committed PROVINCE 4 ] Ÿ 10.., ,̂ .̂ British Columbia PLACE Committed Nanaimo DATE 24 June__ a d 19 97 Day Month . Year DO HEREBY RESOLVE The Nanaimo Band By-law No. 97.06 BEIN G A B Y -LA W R ES P EC TIN G TH E C O N TR O L O F D O G S ON TH E RESERS/ W HER EAS section 81, paragraph (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 of resideni ts on the reserve, the prevention of nuisances, the protection against and prevention of tresip ass 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-law; WMD W H E R E A S the Council of the Nanaimo Band is of the opinion lhat the uncontrolled ownership, breeding, and running at large of dogs may be detrimental to the health of the residents on the reserve, and a nuisance to such residents; TH ER EFO R E, the Council of the Nanaimo Band of Indians enacts a by-law as follows: Short Title: I . This by-law may be cited as the "Nanaimo Reserve Dog Control ijiy-law." nteroretation l. In this by-law: "council” means the Council of the Band, “dog” rtneans any dog, male or emale, more than four months old and includes an animal that is a cross between a dog and a volf; “muzzle” means to secure a dog's mouth in such a fashion that it cannot bite anything; officer“ means any police officer, police constable or other person charged with the duty to reserve and maintain the public peace, and a by-law officer or any other person, including a Band >y-law officer, appointed by the Council for the purpose of maintaining law and order on the eserve pursuant to By-law No. 97.06 Relating to Law and Order; “owner’' of a dog includes a lerson who possesses or harbors a dog, and “owns” and “ownect have a corresponding neaning: “af large” or Urunning at largef means off the premises of the owner and not muzzled or jnder the control of any person; “reserve” means the Nanaimo Indian Reserve(s) No. 1.2.3. and 4. 1.1 Subject to subsection (2), every owner of a dog shall keep the dog safely tethered or penned ip at all times. 1.2 A dog need not be tethered or penned up as provided in subsectip n(1) If the dog: (a) is held >n a leash by a person capable of restraining the dog’s movements; (b) is being used by a person or the purpose of hunting; or (c) is being used by a person to work in a lawful manner with sheep >r cattle, (d) is being used by a visually Impaired person as a guide do 9-;.3 No owner shall allow his dog to remain unfed or unwatered as sufficiently long either to amount o cruelty or to cause the dog to become a nuisance. iCR # 1 5 cont'd Page 1
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0 7 / 1 6 / 9 7 1 0 : 5 8 ® 6 0 4 6 6 6 6 4 7 4 LANDS TR U ST SE R Y 0 0 0 3 / 0 0 4 i If ■' >1 . • 3.4 No person shall punish or abuse a dog in a manner or to an «sxtent that is cruel or unnecessary. 3.5 No owner shall permit a dog to bark, yelp, growl, or otherwise annoy or disturb the peace or residents of the reserve 3.6 No owner shall permit a female dog In heat to be off the owner's premises. 3.7 (a) The Counèil may at any time prohibit the keeping of dogs within any area of the reserve, (b) Notice of any prohibition made by Council pursuant to par.(a) shall be posted in the Band office and after the date of the posting of such notice, no person shall keep or have a dog within the prohibited area. Seizure 4.1 An officer may seize a dog from any person whom the officer [tas reasonable cause to believe is violating or has violated or is about to violate any of the provisitlïins of this by-law. 4.2 Subject to subsection (4), an officer who has seized a dog pu rsuant to subsection(l) shall restore possession of the dog to its owner where: (a) the owner claims possession of the dog within five(5) days after the date of seizure, and; (b) the owner pay:s to the officer all expenses incurred in securing, caring for and feeding the dog, 4.3 Where a dog has not been reclaimed within five(5) days after seizure pursuant to 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. 4.4 Where, in the opinion of the officer, a dog seized under this s ection is injured, diseased, or should be destroyed without delay for humane reasons or for reas ons of health or safety, the officer shall destroy the dog as soon after seizure as he thinks fit snd no damages or compensation may be recovered as a result of the destruction of tlfie dog by the officer. Destruction where unable to seize 5.1 Where an officer, after reasonable effort, is unable to seize a c|og that is running at large contrary to the provisions of this by-law, he may destroy the dog. 5.2 No damages or compensation may be recovered as a result o^the destruction of a dog by an officer pursuant to subsection(l). Protection from dogs 6.1 Any person may kill a dog that is running at large and is in the act of pursuing, attaching, injuring, damaging, killing or destroying: (a) a person, (b) another cog that is tethered; or (c) a good cache, harness or other equipment. 6.2 No damages or compensation may be recovered as a result oft he killing of a dog by any person pursuant to subsection (1). Penalty 7.1 Every person who contravenes any of the provisions of this by-a w is guilty of an offense and is liable on summary conviction to a fine of not more than five hundred dollars ($500) or to imprisonment for a term not exceeding thirty (30) days, or both. Repeal 8.1 Bylaw number 1995.01 enacted on the 1st day of August, 1995 and being a By-law to regulate the control of dogs on the reserve, be and is hereby repealed. THIS B Y -LA W IS H E R E B Y enacted by the Council of the Nanaimo Band at a duly convened meeting of the Council dated on the 17th day of June, 1997. Voting in favour of the by-law are the following members of the Cou ncil:
0 7 / 1 6 / 9 7 1 0 : 5 8 • !i ; ' 0 6 0 4 6 6 6 6 4 7 4 LANDS T R U ST SER I r 0 0 0 4 / 0 0 4 !. ............ , :!•, iA ' • ’ Councillor Sandra Good A/Chieff0^C^llKEJ< / v Q Councillor Irene Seward '"Councillor James Sesward/ Councillor Jeff Thomas Councillor Brian Wh ite Councillor Hannah White Councill^/Margaret W hite Councillor Marina White Councillor Wesley Wyse being the majority of those members of Council of the Nanaimo B.and present at the aforesaid meeting of the Council. The quorum of the Council is 5 members. I, James Johnny Acting Chief/Councillor of the Band, do hereby o; ertify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and fjjorthem Development at the District/Regional/Hull offices (as the case may be) pursuant to sutys ection 82(1) of the Indian Act, this 17th day of June, 1997. Witnessed by: Rowena Arlene Wyse 0 (Acting ouncillorXJames Johnny^
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