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BY-LAW #2004-01 A BY-LAW RESPECTIN G THE CARE AND CONTROL OF ANIMALS ON THE RESERVE PIC M OBERT FIRST NATION P A R T I-G E N E R A L Short T itle This by-law may be cited as the “Pic M obert F irst N ation Anim al C ontrol By-Law”. In terp retation 2.0 In this by-law; “BAND” means the Pic Mobert First Nation “COUNCIL” means the Council o f Pic M obert First Nation “ANIMAL” means a dog, cat, or any other domestic animal “CAT” means any cat, male or female “DOG” means any dog, male or female and includes an animal that is a cross between a dog and a w olf “DW ELLING” means each single unit home being a fully or semi-detached building, or multiple unit dwelling, an apartment home or any building used or intended to be used or intended to be used for human habitation and in which normal domestic functions may be carried on “M UZZLE” means to secure a dog’s mouth in such a fashion that it cannot bite anything “OW NER” o f an animal includes a person who possesses or harbors an animal, and the terms “owns” and “owned” have a corresponding meaning “AT LARGE” or “RUNNING AT LARGE” means o ff the premises o f the owner and not muzzled or under the control o f any person “PEACE O FFIC ER ” means any police officer, police constable, peace keeper, or other person charged with the duty to preserve and maintain the public peace, and a by-law enforcement officer or any other person appointed by the Council for the purpose o f maintaining law and order on the First Nation
“VICIOUS DOG”includes any dog that demonstrates any ferocious, vicious, or aggressive behavior any dog that a peace officer, upon reasonable and probable grounds believes to be a vicious dog any dog which has been the cause o f a prosecution under this by-law within the previous six (6) months where a conviction against anybody had been entered concerning that specific dog any dog which has bitten another animal or human with provocation “KENNEL”means any building, pen or other structure, other than a dwelling used for the keeping o f dogs that are registered or eligible for registration with an association incorporated under the Animal Pedigree Act “BOARDING KENNEL” means any building, pen or other structure, other than a dwelling, used for the temporary keeping o f dogs for gain “GUIDE DOG” means a registered guide dog used for the purpose o f aiding persons with a sight or hearing impairment APPLICATION 3.0 This by-law applies to all owners o f domestic animal residing or visiting on the Pic Mobert First Nation. PART II - ADM INISTRATION L im itation on Anim als P er Dwelling 4.0 No more than two (2) domestic animals shall be kept, harbored or possessed in any dwelling, except as authorized by a Band Council Resolution 4.1 The provisions o f Subsection 6.1 shall not apply to dog or cat litters, whereby die pups or kittens are under four (4) months o f age. G eneral Prohibitions 5.0 Subject to Subsection 2, every owner o f a dog shall keep the dog safely tethered or penned up at all times. 5.1 A dog need not be tethered or penned up a provided in subsection 15.1 if the dog: is held on a leash by a person capable o f restraining the dogs movements is being used by a person for the purpose o f hunting or is used by a visually impaired person as a guide dog
5.2 No owner shall allow 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 o f the owner or his agent 5.3 The owner o f an animal who fails to take all necessary measures to ensure that such a dog is under control or supervision or in the possession o f the owner at all times, upon any property on the First Nation, is guilty o f an offence. 5.4 The owner o f a dog which causes damage to any property including moveable property, garbage containers, lawns, flower gardens, flower beds, bushes or plants or other parts o f property, is guilty o f an offence. 5.5 The owner o f a dog shall, when the dog is on public property or private property belonging to another person, immediately pick up and thereafter dispose of, any feces, vomit, or any other waste left by the dog on the said property. 5.6 No owner shall possess more than two dogs at any one time except in the case o f a dog giving birth to puppies, in which case the puppies must be dispersed within four (4) months o f the birth. 6.0 No owner shall allow his dog to remain unfed or without water whereby is either amounts to cruelty or causes the dog to become a nuisance. 7.0 No person shall punish or abuse a dog in a manner which is cruel or unnecessary. 8.0 No owner shall permit a dog to bark, yelp, growl or otherwise annoy or disturb the peace o f residents on the First Nation. Vicious Dogs 9.0 Anyone owning a vicious dog or aggressive dog must post a clearly visible sign notifying the public. 10.0 At all times, a vicious dog must be muzzled and kept on a leash whenever it is in a public place. 11.0 On private property, a vicious dog shall be kept on a secure leash or in a restricted area which shall be constructed so as to prevent any escape by the dog and/or to prevent the entry o f children.
12.0 No owner shall permit a dog to be at large on the First Nation 12.1 Where a dog is found to be running at large the officer shall make reasonable attempts to notify the owner. Should the owner not be located the officer shall make a written record o f the incident for future explanation. 12.2 Whereby, a dog is seized which is injured or should be destroyed without delay for health and safety o f persons or animals, the peace officer shall destroy the dog as soon after seizure as the officer thinks fit without permitting any person to reclaim the animals and no damages or compensation may be recovered on account o f such action. A nim al D estroyed if U nable to Seize 13.0 Where the peace officer, after reasonable effort, is unable to seize a dog that is running at large, contrary to the provisions o f this by-law, the officer may destroy the dog. 13.1 No damages or compensation my be recovered as a result o f the destruction o f a dog by the peace officer pursuant to subsection. P rotection from Vicions Dogs 14.0 A peace officer may kill, if necessary, a vicious dog which is running at large and is in the act o f pursuing, attacking, injuring, damaging, killing or destroying; a. a person b. another dog that is tethered c. a food cache, harness or other equipment d. domestic livestock 14.1 A peace officer who must kill a vicious dog, shall notify the dog’s owner. 14.2 No damages or compensation may be recovered as a result o f killing a dog by a peace officer who is required to do so pursuant to section 13.0
15.0 Every person being the owner o f a dog which exceeds the age o f six (6) months shall; Annually on or before the 3 1st day o f January in each year; or Forthwith upon the dog having passed the age o f six (6) months, or w ithin forty eight (48) hours o f becoming the owner o f a dog, the age o f which exceeds six (6) months, cause such dog to be registered, numbered, described, and licenced in the office of the Pic M obert First Nation Band, or at such other location as the Band may from time to time designate. 16.0 Every person being the owner o f a dog which is over file age o f six (6) months shall pay to the Pic M obert First Nation Band for the licence required under Section 15 an annual licence fee as indicated in Schedule “A” attached. 17.0 Every person being a dog owner, on payment o f the required licence fee shall be furnished by the Band o f Pic Mobert First Nation with a dog tag bearing die name o f the Band, the Current Year, and a Serial Number. 18.0 Every person being the owner o f a dog furnished with a dog tag under Section 17 shall keep the tag securely fixed on the said dog at all times until such time as the tag is renewed or replaced. 19.0 Every person being the owner o f a dog for which a tag was issued under die provisions o f this By-law shall immediately upon losing the said tag m ake application to the Band for a replacement tag and pay a replacement fee as indicated in Schedule “A” attached. Kennel 20.0 Every person being the owner and/or operator o f a Kennel or Boarding Kennel, not including a Veterinary Clinic, shall annually on or before the 31st day o f January, make application to the Pic Mobert First Nation for a Kennel Licence and “upon approval” pay such fee as indicated in Schedule “A” attached. 21.0 Every person making an application under Section 20 shall have all buildings, structures and pens used in the operation o f the said Kennel inspected and approved by the Proper Standards Officer.
22.0 No person shall operate a Kennel or Boarding Kennel w ithin the Pic Mobert First Nation without the benefit o f an approved licence issued under the provisions o f this By-Law. 23.0 Section 15 and Section 16 shall not apply to a person assisted by a Registered Guide Dog. 24.0 Every person who contravenes any o f these provisions o f this By-Law is guilty o f an offence and is liable on a summary conviction to a fine o f not more than $1000.00
APPENDIX “B” ITEM Colum n 1 Colum n 2 1 Fail to register dog Section 15(a)(b) 2 Fail to fix tag to dog Section 18 3 Fail to Replace lost tag Section 19 4 Fail to Licence Kennel Section 20 5 Operate Unlicenced Kennel Section 22 6 Keep more than two(2) dogs Section 4(1) 7 Fail to keep dog Tethered Section 5(1) 8 Fail to remove Excrement Section 8 9 Permit/cause to Permit dog to Section 12(1) run at large 10 Owner, Fail to (leash) Section 10 (control) dog. With defined area 11 Owner, permit a do, to bark, Section 5(8) yelp
SCHEDULE “A” THE PIC M OBERT FIRST NATION Bv-Law No. 2004-01 Dog Licence Fees: (1.) For the first dog (male, neutered male, spayed female) $10.00 (2.) For each additional dog $5.00 (3.) For Female dog $15.00 (4.) For the Replacement o f lost tags $5.00
PIC MOBERT FIRST NATION Chronological No. 2004-34 BAND COUNCIL RESOLUTION File Reference Note: The works “From our Band Funds”, “Capital” or “Revenue”, which ever is the case, must appear in all resolutions requesting expenditures from Band Funds. THE COUNCIL OF THE PIC MOBERT FIRST NATION AGENCY DISTRICT: WESTERN PROVINCE: ONTARIO PLACE: PIC MOBERT FIRST NATION DATE: 29th DAY OF NOVEMBER, 2004. WHEREAS: 1. Section 31, paragraphs (a),(d),(e),(q), and r) o f the Indian Act empower the C hief and Council o f an Indian Band to pass by-laws to provide for the health o f residents o f the reserve, the prevention o f nuisances, the protection against and the protection o f trespass by domestic animals, in addition to, matters arising out o f or ancillary to the exercise o f powers under this section, and the imposition o f a penalty for the violation o f any such by-law; 2. The C hief and Council o f the Pic M obert First Nation is o f the opinion that the uncontrolled ownership, breeding, and running at large o f animals may be detrimental to the health o f the residents on the reserve, and a nuisance to such residents; THEREFORE LET IT BE RESOLVED: 1. The C hief and Council o f the Pic M obert First Nation enacts this by-law as attached. A Quorum for this Band consists o f 5 Council Members: .wissrwa ouncilorJam es Kwissiwa Councilor Stanley Sabourin 1 Councilor Cheryl M cW atch
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