By-Law No. 02 - 08 Being a By-Law to repeal and replace By-Law No. 0 3 - 8 7 Enacted on the 23 day of September 19 87. AND WHEREAS the Council of the Band enacted By-Law No. 02 - 08 on the 26th day of October_______, 20 08 thereby repealing the said By-Law No. 03 - 87 and replacing it with By-Law No. 02 - 08. Approved and passed at a duly convened meeting of the Council, ,20 £* < t& -Q Councillor Councillor Councillor I, M i S € 1 , _______, Chief of the Band of Indians do hereby certify that an original of the foregoing By-law 02-08 was mailed to the Minister of Indian Affairs pursuant to section 82, ss (i) of the Indian ,Ac this 16 day of September , 20 08 Witness
By-law No. 02 - 08 Being a By-law Respecting the Care and Control of Animals on the Reserve. 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, 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; AND WHEREAS the Council of the Miawpukek 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 nuisance to such residents; THEREFORE, the Council of the Band enacts this Animal Control Bylaw, Number ̂ " ^ a s follows: PART 1 - GENERAL SHORT TITLE 1. This by-law may be cited as the "Miawpukek Reserve Animal Control By-law". INTERPRETA TION The plural means the singular and the singular means the plural.
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DEFINITIONS 2. In this by-law " animal" means a dog, a cat, or any other domestic animal but not a wild animal; " animal control officer" means an animal control officer, appointed or any by-law enforcement officer, including a peace officer or a person employed by the Council for the purpose of enforcing the provisions of this by-law; "at large" means an animal which is not under the control of the person responsible by means of a leash and is or are actually upon property other than the property in respect of which the owner has the right of occupation; "band" means the Miawpukek Band, as defined by Section 2 of the Indian A c t; "cat" means a member of any breed or domesticated feline or crossbreed of domesticated feline whether spayed or neutered; " council" means the Council of the Miawpukek Band, as defined in the Indian ; “domestic animal” are tame, living in or near the dwelling of man or by special training in association with man; "dog" means a member of any breed or domesticated canine or cross breed of domesticated canine whether spayed or neutered; and includes an animal that is a cross between a dog and a wolf; "dwelling" means each single unit home being a fully or semi-detached building, a multiple unit dwelling, an apartment home or any building used or intended to be used for human habitation and in which normal domestic functions may be carried on;
“ dwelling unit' means one or more habitable rooms designed for use by and occupied by a family and in which a separate kitchen and sanitary facilities are provided for the exclusive use of such a family with a private entrance from outside the building or from a common hallway or stairway inside the building; “ exotic animal” means any animal introduced from or originated in any foreign especially a tropical country; " muzzle" means a guard to secure an animal's mouth in such a fashion that it cannot bite anything; "owner" means a person who owns, possesses, has control or custody or harbours an animal, and includes any person who is the owner of any house or premises where any animal is kept or permitted to remain; "reserve" means the Miawpukek Indian Reserve; "vicious animal" includes any animal: a) that demonstrates any ferocious, vicious, or aggressive behaviour; b) without provocation chased, injured or bitten any other domestic animal or human; c)without provocation damaged or destroyed any public or private property; d) without provocation threatened or created a reasonable apprehension of a threat to other domestic animals or humans; and e) that have been previously deemed to be a vicious animal under this by-law; ‘‘wild animal” means animals whose habitat is generally the woods or wild; undomesticated and or untamed.
APPLICATION 3. This by-law applies to all owners of domestic animals residing or visiting on the Miawpukek Reserve. PART II - ADMINISTRATION ANIMAL CONTROL OFFICER 4. (1) The Council may appoint, by band council resolution, an animal 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. REGISTRATION AND IDENTIFICATION OF ANIMALS 5. Every person who owns an animal shall register ownership of this animal with the appropriate band department. 6. The appropriate band department shall issue an animal control license which shall have the following information: animal name; date issued; owner’s name, owner’s address and phone number; sex of animal; whether neutered or spaded and a tag number. 7. Every licence issued by the band department shall have no expiry date and shall be non- transferable. IMMUNIZA TION OF ANIMALS 8. Any owner of an animal suspected of having rabies, shall confine or isolate the animal in such a manner as prescribed so as to prevent further spread of the disease and shall keep the animal confined for not less than ten (10) days.
9. Any animal found to be infected with rabies shall be destroyed by its owner or by the animal control officer at the owner's expense. GENERAL PROHIBITIONS 10. Every owner of an animal shall keep it safely tethered or penned at all times. 1) An animal need not be tethered or penned up as provided if: (a) it is held on a leash by a person physically capable of restraining its movement; (b) it is being used by a person for the purpose of hunting; and (c) is used by a visually impaired person as a guide animal. 2) . No owner shall allow an animal to remain unfed or unwatered sufficiently long either to amount to cruelty or to cause the animal to become a nuisance. 3) . No person shall punish or abuse an animal in a manner or to an extent that it causes pain or suffering unnecessarily. 4). No owner may permit a female animal in heat to remain in any public place unless the animal is attached to a leash and is accompanied by and is under the observation and control of the owner or his/ her agent. PROHIBITIONS WITHIN SPECIFIC AREAS OF THE RESERVE 11.(1) The Council may prohibit the keeping of animals within any area of the reserve. Notice of any prohibition made by Council shall be posted in the band office and after the date of the posting of such notice, no person shall keep or have an animal within the prohibited area. (2) No person may establish, own or operate an establishment or facility for the boarding, breeding or treatment of animals within the limits of the reserve, without express written authorization to that effect from the Council, by way of band council resolution.
VICIOUS ANIMAL 12. Anyone owning a vicious animal must post a clearly visible sign notifying the public. 13. At all times, a vicious animal must be muzzled and kept on a leash whenever it is in a public place. 14,On private property, a vicious animal shall be kept on a secure leash or in a restricted area which shall be constructed so as to prevent any escape by the animal and/or to prevent the entry of children. IMPOUNDING AND SEIZURE 15. (1) No owner shall permit his animal to be at large on the reserve. (2) An animal found at large on the reserve may be impounded for not less than five f5f davs and, after notifying the owner, may thereafter be humanely euthanizied or otherwise disposed of, unless in the meantime such animal has been claimed by its owner and the costs incurred for the impounding and or euthanasia of the animal have been paid. 16. (1) An animal control officer may seize an animal from any person whom he has reasonable cause to believe is violating or has violated any of the provisions of this by-law. (2) Should the owner have care and control of the animal, they must assist the animal control officer in seizing the animal where requested to do. (3) If an animal is apprehended because it has inflicted an unprovoked attack upon an animal or person, the animal control officer shall impound the animal.
(4) An animal control officer who has seized an animal pursuant to above shall release the animal to its owner where: (a) the owner claims possession of the animal within five (5) days after the date of seizure; (b) the owner pays to the animal control officer all expenses incurred in securing, caring for and feeding the animal; and (c) the owner has obtained the necessary registration identification tag from the animal control officer before the animal is released. (5) Where an animal has not been reclaimed within five (5) days after seizure, and notification has been given to the owner, the animal control officer may humanely euthanizied or dispose of the animal. No damages or compensation may be recovered as a result of the euthanizied or disposal of such an animal. (6) Whereby, an animal is seized which is injured or diseased or should be destroyed without delay for humane reasons or for reasons of health or safety to persons or animals, the animal control officer shall destroy the animal as soon after the seizure as the officer thinks fit without permitting any person to reclaim the animals and no damages or compensation may be recovered on account of such action. (7) The animal control officer shall forthwith make every reasonable effort to notify the owner of an animal which has been impounded.
PROTECTION FROM VICIOUS ANIMALS 17.(1) A person or animal control officer may humanely kill, if necessary, a vicious animal which is running at large and / or is in the act of pursuing, attacking, injuring, damaging, killing or destroying: (a) a person; (b) another animal that is tethered; and (c) personal property, or other equipment. (2) A person or animal control officer who must kill a vicious animal shall immediately report the incident to the Council or animal control officer and notify the animal’s owner. (3) No damages or compensation may be recovered as a result of killing an animal by a person or animal control officer who is required to do so. PART III -PENALTY 18. 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 thousand dollars ($1000) or to imprisonment for a term of not exceeding 30 days or to both a fine and imprisonment. 19. This by-law comes into force immediately upon being approved by the Minister of Indian Affairs and Northern Development as required pursuant to section 82 of the Indian Act.
Repeal ( The following section is to be incorporated into this by-law if you already have a bylaw regulating the care and control o f animals in place for your community that you wish to repeal. ) 20. By-law number enacted on the day of 5^(4- . 20 b% , and being a By-law to regulate the care and control of animals on the reserve, be and the same is hereby repealed. This by-law is hereby m ade at a duly convened meeting of the Council of the Band this /S fo day of SgpbWtt , 20Q§" . Voting in favour of the by-law are the following members of the Council: (Member of the Council) (Menmabce r of the Council) embfrof the Council) Being the majority of those members of the Council Band present at the aforesaid meeting of the Council. The quorum of the Council is members.
Number of members of the Council present at the meeting: i, fkisUf J<^* " Chief/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______________offices of the department pursuant to subsection 82(1) of the Indian Act. this 15^2 day of Sfptennfa£20 . 0 ((Witness)
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.