Contenu de la décision
I L THE COUCHICHING BAND OF INDIANS BY-LAW NUMBER 91-02. Whereas section 81, paragraph (a), (d), (e), (q) and (r), of the Indian Act empower the Council of the Band of Indians to pass b t y he law p s r ev to e nti p o r n o vid o e f f n or u isa t n h c e e s h , e alth t he of p r r o esidents on the reserve, p of r ev or e nt a i n o c n i ll of a ry tr to e sp t a h s e s e b x y d tection ercis o e m es o t f ic p ow a e n r i s ma l u s n , d er m at t t h er a s g a a i r n i st and is secti s o i n n , g a ou n t d the imposition of a penalty for the violation of any such by-law; And Whereas the Council of the Couchiching Indian Band is of the opinion that 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; enacts T h a e r b e y f o l r a e w . a t s h e fol C l o o u w n s c : il of the Couchiching Band of Indians SHORT TITLE 1. This by-law may be cited as the "Couchiching” Reserve Dog Control By-law". INTERPRETATION 2. In this by-law: (a) "Band" means the Couchiching Indian Band; (b) "Council" means the Council of the Band; (c) m " o D n o t g h " s me between o a l n a d s an a d ny i d dog and n o c g l , u male a d w e o s lf ; an or a ni f m e a m l a le t , h at m or i e s a t ha c n r os f s our (d) "Muzzle" means to secure a dog's mouth in such a fashion that it cannot bite anything; (e) "Officer" means Band Constable or member of the Couchiching Police Force, as appointed by the Council and any member of the Royal Canadian Mounted Police, or any duly appointed dog-catcher; (f) "Owner" of a dog includes a person who possesses or harbours a dog, and "owns" and "owned" have a corresponding meaning; (g) "At large" or "running at large" means off the premises of the owner and not muzzles or under the control of any person; ( h ) "Reserve" means the Couchiching Indian Reserve(s) No. 16A.
- 2 -(1 ) Subject to subsection (2), every owner of a dog shall keep the dog safely 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; or (c) is being used by a person to work in a lawful manner with sheep or cattle. (3) No owner shall allow his dog to remain unfed or unwatered as sufficiently long or either to amount to cruelty or to cause the dog to become a nuisance. (4) No person shall punish or abuse a dog in a manner or to an extent that is cruel or unnecessary. (5) No owner shall permit a dog to bark, yelp, growl or otherwise annoy or disturb the peace or residents of the reserve. (6) No owner shall permit a female dog in heat to be off the owner’s premises. (7) a) The Council may at any time prohibit the keeping of dogs within any area of the reserve. b) N to o ti p c a e r ag of r ap a h ny ( p a) r oh sh i a b l i and after the date of the po person shall keep or have a dog within the prohibited area. SEIZURE ( 1 ) An officer may seize a dog from any person whom the officer has reasonable cause to believe is violating or has violated any of the provisions of this by-law.l t io b n e m p ade by council pursuant o s s t t i e n d g in o f th s e u ch b an no d t i o c f e f , i ce n o
( - 3 -(2) Subject to subsection (4), an officer who has seized a dog pursuant to subsection (1) 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 pays the officer all expenses incurred in securing, caring for and feeding the dog. (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) Where, in the opinion of the officer, a dog seized under this section is injured, diseased, or should be destroyed without delay for humane reasons or for reasons of health or safety, the officer shall destroy the dog as soon after seizure as he thinks fit and no damages or compensation may be recovered as a result of the destruction of a dog by the officer. DESTRUCTION WHERE UNABLE TO SEIZE 5. (1) Where an officer, after reasonable effort, is unable to seize a dog that is running at large contrary to the provisions of this by-law, he may destroy the dog. (2) N r o e su d l a t m ag o e f s th o e r d c e o s m t p r e u n c s t a i t o i n o pursuant to subsection (1). 6. (1) Any person may kill a dog that is running at large and is in the act of pursuing, attacking, injuring, damaging, killing or destroying; (a) a person, (b) another dog that is tethered; or, (c) a food cache, harness or other equipment, ( 2 ) of N o t d he a ma k g i e l s l in o g r compen subsection (1). of a do s g a ti b o y n of m ay a d be o g r b e y c ov an e re o d f fi a c s er a n a m n a y y pe be r so r n e c p o u v r e s r u e a d n t a s to a result
OFFENSES AND PENALTIES 7. 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 five hundred dollars ($500.00) or to imprisonment for a term not exceeding thirty (30) days, or both. B t e h e it C ou kn c o h w i n c hi t n h a at t I h n i d s i an b y-B l a a n w d is a t he a Council dated on the 24th day of June, A..D., 1991. -r— / / CHIEF JOAN MAINVILLE .... . Councillor Don Bruyere Councillor Richard Bruyere Councillor Vernon Mainville reb d y u ly e na c c o t n e v d e ne b d y the Council of meeting of the C o u n c i D a n i e l Mainville _ C r o _ u _ n _ c _ i _ l „ l . o . r : u Gl -u e l n Q n — Jour -_ d _ a _ i _ n __ Councillor Nichol Mainville
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