S E P - 1 6 - 9 7 10 23 FROM: LTS ATLANTIC REGION ID- 902E61B237 PAGE 3 THE WOODSTOCK FIRST NATION BAND BY-LAW NO. 1997-01 BEING A BY-LAW RESPECTING THE CARE AND CONTROL OF ANIMALS ON THE RESERVE ENACTED ON THE 30™ DAY OF APRIL, 1997 Whereas 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 residents on the reserve, the prev ention of nuisances, the protection against and prevention of trespass 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: AND WHEREAS the Council of the Woodstock First Nation Band is of the opinion that the uncontrolled ownership breeding and ninning 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 Woodstock First Nation Band enacts a by-law as follows: Short Title 1 This b> -law may be cited as the Woodstock Reserve Animal Control By-Law** Interpretation 2 In this b\ -law amituT means a dog. a cat or any other domestic animal; animal control officer** means an animal control officer appointed pursuant to Section 1. or any by-law enforcement officer and includes an officer of the Royal Canadian Mounted Police and a person employed b\ the Woodstock Band Council for the purpose of enforcing the provisions of this by-law; "animal register** means the register kept by the animal control officer for the purpose of the registration of all dogs and other animals on the reserve: "band~ means the Woodstock First Nation Band: “cat*' means any cat. male or female. ‘council** means the Council of the Woodstock First Nation Band as defined in the Indianlet: dog' means am dog. male or female and includes an animal that is a cross between a dog and a wolf: dwelling * means each single unit being a fully detached home, a semi-detached home a multiple attached home an apartment home and any building used or intended to be used for human habitation and in which normal domestic functions may be carried on: medical officer of health * means the medical officer of health so appointed by band council resolution: muzzle" means to secure a dog's mouth in such a fashion that it cannot bite anything: "owner" of an animal includes a person who possess or harbours an animal, and "owns** and “owned" have a corresponding meaning. “at large" or "running at large" means off the premises of the owner and not muzzled or under the control of an\ person:
S E P - 1 6 - 9 7 10=23 FROM: LTS ATLANTIC REGION ID . 3026616237 PAGE 4 “reserve" means the Woodstock Indian Reserve No. 23; ‘Villainous dog” indudes: i. any dog that demonstrates any ferocious, vicious or aggressive behaviour; ii. any dog that an animal control officer, upon reasonable and probable grounds, believes to be a villainous dog; iii. any dog which has been the cause of a prosecution under this by-law within the previous six months where a conviction ap inst anybody had been entered concerning that specific dog; rv any dog which has bitten another animal or human without provocation. Animal Control Officer 3. (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 aod to issue identification tags under this by-law. (2) The Council may. in the band council resolution, provide for reasonable remuneration to be paid to the animal control officer. Registration and Identification of Poes 4. (1) Every person keeping one or more dogs in the reserve shall register and have an identification tag placed around the neck of each dog. (2) The application for registration and identification tag shall be filed with the Woodstock Indian Reserve animal control officer and include: (a) the applicant's name; (b) the applicant's adthtss or lot number, (c) a description of the dog sought to be registered, including age, sex, name and breed if known; (d) the number of animals in the household; (e) a record that the dog is immunized against rabies, noting the date of such immunization, the name of the person immunizing the dog including the maker’s name of the vaccine and its batch number, (0 any other information deemed by the animal control officer to be necessary for the proper administration of the by-law. (3) The charge for registration and identification tags shall be no charge for the first dog and $20 00 for each dog up to the limit specified in Section 9(1), per year. (4) The animal control officer shall issue the license tag upon registration and payment of the annual fee and proof of immunization of the dog against rabies is provided. (5) The license tag shall be securely attached to the collar or harness of the dog at all times. (6) The registration and identification tag issued by the animal control officer will be valid for a year from the date of the issuance of the identification lag. Immunization of Animals 5. All animals on the reserve must be immunized in accordance with generally accepted veterinary standards.
a un 1 U * ltS2 37 6. The owner of any animal exposed loobies shall, on demand by the hand council surrender such animal to the bond council to be held by the animal control officer in quarantine for a period of 48 hours and such animal shall not be released from such quarantine without the writtm permission of the medical officer o f health. 7. Ac owner, upon demand made by the band council, shall forthwith surrender to the band council any animal which has bitten any person or wiudi has been exposed to rabies to be hdd is quarantine at the discretion o f the medfcal officer of health. 8. Any animal found to he infected with rabies shall be desooyed by its owner or by the animal control officer * the expense of the owner. Limit on the Num ber of Dogs Per Dwelling 9. (1) No person, being the owner of a dwelling on the reserve, shall keep or allow to be kept more than three (3) dogs on the premises of the dwelling. (2) An animal control officer, who has reasonable grounds to bdieve that an owner has contravened subsection (I). shall forward a written notice to the said owner, to remove from the premises of the dwelling that number of dogs exceeding the limit of three (3), within forty-eight hours of receipt of the notice. (3) An animal control officer shall seize and cause to be impounded any animal exceeding the established limit of three (3) pursuant to subsection (1). and the owner shall be liable to pay an impoundment cost of S 10.00 per day, and the pound keeper shall keep such an animal in the pound and shall record in a register kept for that purpose, the name and address of any person who brings in such an animal along with the date the animal was delivered to the pound keeper G eneral Prohibitions 10. (1) Subject to subsection (2), every owner of a dog shall keep the dog sfely tethered or penned up at all times. (2) A dog need not be tethered or penned up as provided in subsection (1) if the dog: (a) is held on a leash by a person capable of restraining the dog’s movements; (b) is being used by a person for the purpose of hunting; (c) is being used by a person to work in a lawful manner with sheep and cattle, (d) is used by a visually impaired person as a guide dog. 11. No owner shall allow a female animal in heat to remain in any public place unless such a female animal is attached to a leash and is accompanied by and is under the observation and control of the owner or his agent. 12. The owner of an anim al who fails to take all necessary measures to ensure that such animal does not enter upon property without being under the control or in the possession of the owner, is guilty of an offence. 13 The owner of an animal, which causes damage to any property including moveable property, lawns, flower gardens, flowerbeds, bushes or plants, or other parts of property, is guilty of an offence 14. The owner of an animal shall when the animal is cm public property or private property belonging to another person, immediately pick up and thereafter dispose of, any feces, vomit, or other waste left by the animal on the said property. 15 No owner shall allow his/her animal lo remain unfed or without water as sufficiently long either to amount to cruelty or to cause the animal lo become a nuisance
16. No person shah punish or abure an animal in a manner or to an extent that is cruel or unnecessary. Prohibition! w ithin Specific A rm of the R esen t ' T~'-17. (1) The Council may at any time prohibit the keeping of animals within any area of the reserve. (2) Notice o f any prohibition made by Council pursuant to subsection (1) shall be posted in the hmtj office and after the due of the posting of such notice, no person shall keep or have an animal within the prohibited area. (3) No person may establish, own or operate an establishment or facility for the boarding or treatment of animals within the limits of the reserve, without express written authorization to that effect from the Band Council, or byway of Band Council Resolution Villainous P oet 18. Anyone owning a villainous dog or aggressive dog must poa a clearly visible sign notifying the public. 19. A villainous dog must, at all times, be muzzled and must be kept on a leash whenever it is in a public place. 20. On private property, a villainous dog shall be kept on a secure leash or in a restricted area that shall be constructed so as to prevent any escape by the dog and prevent the entry by children. Impounding and Seizure 21. (1) No owner shall permit an animal belonging to him to be at large in the Woodstock Reserve. (2) An animal found at large in the Woodstock Reserve may be impounded for forty-eight (48) hours and may thereafter be humanely destroyed or otherwise disposed of, unless in the meantime such animal has been claimed by its owner and the costs incurred for the impounding of the animal have been paid. 22. (1) An animal control officer may seize an animal from any person whom he has reasonable anise to believe is violating or has violated or is about to violate any of the provisions of this by-law. (2) If an animal is apprehended because it has inflicted an unprovoked bite upon an animal or human person, the animal control officer shall impound the animal for such period of time to be specified by a veterinary surgeon. (.1) Subject to subsection (6), an animal control officer who has seized an animal pursuant to subsection ( l ) shall restore possession of the animal to its owner where. (a) the owner claims possession of the animal within forty-eight (48) hours after the date of seizure, and; (b) the owner pays to the animal control officer all expenses incurred in securing, caring for and feeding the animal as listed in Schedule “A" hereto attached; (c) where the owner has failed to purchase an identification lag. s/he obtains the registration identification tag from the animal control officer before s/he obtains the release of the animal. (4) Where an animal has not been reclaimed within forty-eight (48) hours after seizure pursuant to subsection (3), the animal control officer may humanely destroy or dispose of the animal where a veterinary surgeon so directs and no damages or compensation may be recovered as a result of the destruction or disposal of an animal by the animal control officer.
(5) If an animal is found to be diseased, the arnmal control cfikw shall aeek veterinary attention for it where the owner b is declined, fiuled or neglected to do so; any fee arising from die provision of n id i veterinary care d u ll be a cha r y «piw » the owner of the aximal. (6) Where, inthe opinion of the adm it control officer, in animal seized under this section is ttyuted or should be destroyed without delay for humane reasons or Cor reasons of health or safety to persoas or animals, the animal comrol officer shall destroy (he animal as soon after seizure as he thinks fir witbemt permitting any person m reclaim tbe imimals and no damage* or cnmpensMkm may be recovered on account o f n c h action. (7) When an animal has been impounded, tbe Band Conned shall forthwith make every reasonable effort to notify tbe owner of such animal (8) A written report of each such incident as described in this section shall be filed with tbe Band Council. Penalty 23. 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 hundred dollars (S100.00) or to imprisonment for a term not exceeding five (5) days, or both. THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Woodstock First Nation Band this 30* day of April, 1997. The quorum of the Council is four (4) members. Number of members of the Council present at this meeting: . I, Patrick Francis, Chief of the Band, do hereby certify that a true copy of the foregoing by-law was mailed to tbe Minister of Indian Affairs and Northern Development at the District/Regional/National offices (as the case may be) pursuant to subsection 82(1) of the Indian Act, this *4* day ofM ayr>997. o jl $ 4 = .
SCHEDULE“A" REGISTRATION FEES DOG tfl $0.00 DOG #2 4 #3 $20.00 PER DOG PAYABLE ANNUALLY lypQMNDMEHT ANP SEIZURE B B $10.00 PER ANIMAL PER DAYV:‘ . - A , r \ »-<• . v tS ^ in > swr-
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.