V0/xt/OU m u n 1 U . O Ü r A A 1 2 d U 0 3 b 4 t ) 2 2 KITSUMKALUM BAND @002 KITSUMKALUM BAND COUNCIL P.0. BOX 544, TERRACE, B.C. CANADA V8G 4B5 TEL (250) 635-6177 FAX (250) 635-4622 BY-LAW NO. 1998 - 01 BEING A BY-LAW RESPECTING THE CARE AND CONTROL OF ANIMALS ON THE RESERVE, ENACTED ON THE 3rd DAY OF SEPTEMBER . 1998. WHEREAS section 81, paragraph (a), (d), (e), (q) and (r), of the Indian Act empower the Council of an Indian Band to pass by-laws to provide for the health of residents on the reserve, the prevention of nuisances, the protection against and the prevention of trespass by domestic animals, in addition to, matter 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; AND WHEREAS the Council of the KITSUMKALUM BAND is of the opinion that the uncontrolled ownership, breeding and running at large of animals may be detrimental to the health of the residents on the reserve and a nuisnce to such residents; AND WHEREAS the Council of the Band enacted By-law Number 1998-01 on the 3rd day of SEPTEMBER 1998. * THEREFORE the Council of the KITSUMKALUM BAND enacts this Animal Control By-law, Number 1998-01, as follows:
/ »o jhui> jluiod fAA 1 250 035 4622 KITSUMKALUM BAND - 2 -"A BY-LAW TO PROVIDE FOR ANIMAL CONTROL, LICENSING, PROTECTION OP AND PROTECTION FROM DOMESTIC ANIMALS". 1. DEFINITIONS: In this By-law unless the context otherwise requires. (a) Animal Shall mean any dog, cat, horse, cow, sheep mule, goat, pig, rabbit, bee, poultry, bird or any other domesticated wild animal; (b) Control Shall mean the person, or persons, or company Officer appointed from time to time by Council to ensure compliance with this By-law; (c) Council Shall mean the Kitsumkalum Band Council; (d) Dog Shall mean an animal of the canine species apparently over the age of 4 months; (e) Highway Shall mean any street, road, avenue, lane, crescent, bridge, alley, via duct, pathway, public parking area or any other way open to the public; (f) Owner of Shall mean the person or person's shown as Land the licensed owner on the Band Council record; (g) Running Shall mean an animal not under control by at Large being other than: 1) On the property of its owner pr if on the property of another person who has the care and control of the animal, or 2) Attached directly to a person who is competent to and of sufficient strength to ensure that the animal cannot break free from the leash or other device used to restrain and/or guide the animal; or 3) Securely confined within an enclosure; or 4) Securely fastened so that it is unable to roam beyond the confines of the owner's property.
g - e x * x O U O JD 4 d 2 2 KITSUMKALUM BAND @004 - 3 -2. CONTROL OFFICER: The Council shall appoint from time to time a Control officer to ensure compliance with this By-law. 3. LICENCES : (a) No person shall own, possess or harbour any dog within the boundaries of the Kitsumkalum territory unless a valid and subsisting licence has been issued under this By-law for such a dog. (b) All dog applications shall have included a description of the property, upon which the animal will be kept and a description of the dog including name, breed and age. (c) All Kitsumkalum Band Council dog licenses shall be for the period January one (1) to December thirty-one (31) of the year issued or the remaining portion thereof. (d) Every licence under this By-law shall be for a specific animal and no person shall place, affix or use a licence issued in respect of one animal on or for another animal. (e) Every person who is issued a Dog licence under this By-law shall receive a dog licence tag which shall at all times, be fastened to a collar or harness worn by the dog for which the licence was issued. (f) The fees to be paid prior to issuing a dog licence shall be those shown in Schedule "A". REPLACEMENT: (g) A replacement Dog licence may be issued, upon being satisfied that the original licence issued has been lost, upon payment of the fee shown in Schedule "A". (h) No licence shall be issued under this By-law in respect of any animal to any person under the age of nineteen (19) years.
OWW uuu *tU££ R i 15 UMKALUH BAND @005 - 4 -3. LICENCES - CONTINUED: (i) Any dog roust be kept within a well fenced area or be chained to a secure structure. (j) No person shall own, possess or harbour more than two (2) dogs. 4. (a) FINE: Any animal running at large or violating any portion of this By-law may be fined in accordance with fees shown in Schedule "A". (b) PAYMENT: The registered owner shall be held responsible for all uncollected fees or costs in respect of complaints and other administration costs incurred. Payment of fees is payable immediately upon receipt of invoice. (c) VICIOUS D06: A dog which is known to attack or viciously pursue a person shall be confined by the owner in a building or secure enclosure and be securely muzzled or caged whenever off the owner's premises. (d) If a person permits his/her dog to be in contravention of Section 4 (c) herein, said dog which attacks or viciously pursues a person shall be subject to a fine and the Band Council or Control Officer may, upon being satisfied that the dog has injured or is likely to injure a person or domestic animal, order that the dog be killed in a manner prescribed in the order. (e) If a dog bites a person and the dog has not been immunized against rabies, the dog shall be quarantined for ten (10) days and kept under observation by the Control Officer at the cost of the owner. If this dog bites a person a second time, the dog will be destroyed. 5. FUND: (a) All fees required to be paid by any person pursuant to this By-law shall be paid to the Control Officer who shall keep accurate records of the receipts of such funds to the KITSUMKALUM BAND COUNCIL office.
X tiUV UUU 1U66 IY1 1 OLITUYALUffl DA1XU - 5 FUND - CONTINUED: (b) There shall be established by the KITSUMKALUM BAND COUNCIL, a fund to be known as the Animal Protection and Correction Fund and all monies received by the Control Officer shall be credited to the fund. PENALTY: For the contravention of any of the provisions of this B s y e t l a o w u , t : a summons may be issued in accordance with procedure (a) The ticket may be composed of any one or more of the following: (i) Information (iii) Summons (ii) Notice (iv) Penalty (b) The ticket shall be similar in form to Schedule MB". (c) The use of a ticket of any word or expression authorized by Band Council or a general description of an offence shall be deemed sufficient for all purposes to describe the offence designated by such words or expressions. (d) The Control Officer or any person employed by the Kitsumkalum Band Council in the enforcement of this By-law shall sign the ticket and shall indicate the offence charged on the ticket by marking the word or expression describing the offence charges as printed on the ticket or if the word is not printed on the ticket, he shall write it in the space provided. * V * (e) A ticket summons may be delivered by the Control Officer or person employed by the Band Council to enforce this By-law or by registered mail to the person charged with an offence. (f) A person may attend voluntarily before agents as appointed from time to time by Band Council as directed on the summons or notice and pay the fine, as per Schedule "A". (g) Where the fine is not paid prior to the date indicated on the ticket, as set out in Schedule MBM, the present charge shall be subject to the Summary Conviction Procedures as set out in the criminal code.
fcWV UUU M l aUHl.lYAL.tJAl UAINU 1̂ 1007 6 This By-law is hereby made at a duly convened meeting of the C 1 o 99 u 8 n . cil of the Kitsumkalum Band this 3rd day of SEPTEMBER. V C o o t u i n n c g i l i . n favour of the by-law are the following members of the being the majority of those members of the Council of the Kitsumkalum Band present at the aforesaid meeting of the Council. The quorum of the Council is 4 members. No. of members of the Council present at the meeting: 5 I, Laura Miller, Band Councillor of the Band, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the Ottawa office of the department pursuant to subsection 82 (1) of the Indian Act, this 4th day of SEPTEMBER . 1998.
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09/14/98 MON 10:57 FAX 1 250 635 4622 K1TSUMKALUM BAND I&008 - 7 SCHEDULE ”AH F E E S LICENSING: (1) Dogs (i) male neutered or spayed female $15.00 (ii) male other than (1) above $25.00 (iii) female other than (i) above $50.00 DESTRUCTION: (l) All dogs (subject to change without notice) $15.oo FINES: (1) Failure to produce a valid dog licence $ 1 0 . 0 0 $10.00 fine plus cost of licence (2) For a dog running at large (1st offense) $50.00 (2nd offense) $75.00 (3) Domesticated animals other than dogs and cats found running at large $50.00 ea.
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.