Contenu de la décision
( *7#y THE GITLAKDAMIX BAND OF INDIANS BY-LAW NUMBER 1-1978 "Being a By-law to provide for the control, licencing of, and protection from domesticated animals WHEREAS paragraph (e) of Section 81 of the Indian Act R.S., c. 149, s.l. empowers the Council of a Band to make by-laws for the protection against and prevention of trespass by cattle and other domestic animals, the establishment of pound-keepers, the regulation of their duties and the provision for fees and charges for their services. AND WHEREAS it is deemed expedient to control domestic animals for the general welfare of the Gitlakdamix Band Members, on all Gitlakdamix Band Reserves. NOW THEREFORE the Council of the Gitlakdamix Band of Indians enacts as a By-law thereof the following: 1. DEFINITIONS: In this By-law unless the context otherwise requires : (a) Council Shall mean the Council, as defined in the Indian Act, of the Gitlakdamix Band of Indians; (b) Animal Shall mean any dog, cat, horse, cow sheep, mule, goat, pig, rabbit or any domesticated wild animal; (c) Control Officer Shall mean the person, persons,or company appointed from time to time by Council to ensure compliance with this By-law; (d) Highway Shall mean any street, road, avenue, lane, crescent, bridge, alley, viaduct, public parking area, boulevard, or any other way open to the public or intended to be open to the public; (e) Owner of Record Shall mean the person or persons shown as the owner and/or licenced owner on the Band Council records; (f) Owner's Property Shall mean that property immediately surrounding the Owner of Record's dwelling place which is generally acknowledged to be for his or her private use.
( 2 (g) Reserve Shall mean and include all those tracts of land set apart by her Majesty within the definition in the Indian Act, for the use and benefit of the Gitlakdamix Band of Indians. (h) Running at Large Shall mean an animal not under control by being other than, Cl) on the property of its ox̂ mer or of another person who has the care and control of the animal; or (ii) in direct and continuous charge of a person who is competent to control the animal; or (iii) securely confined within an enclosure; or Civ) securely fastened so that it is unable to roam beyond the confines of the owner’s property. 2. Control Officer The Council shall appoint from time to time a Control Officer to ensure compliance with this By-law. 3. Animals Permitted No animals^ other than domesticated dogs and cats or other animals actually housed within their owner’s dwelling place shall be harboured within the Reserve other than 'in educational facilities. 4. Licences Required (a) No person shall own, possess, or harbour any dog within the boundaries of the Reserve unless a valid and subsisting licence has been issued under this By-law for such dog. Age of Licencee (b) No licence shall be issued under this By-law in respect of any animal to any person under the age of nineteen (19) years unless and until such person provides the Pound-Keeper with written consent, in the prescribed form, of his or her parent or guardian; and any parent or guardian providing a written consent under this Section, shall for the purpose of this By-law, be deemed to be the owner of the animal in respect of which the licence was issued.
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( - 3 Period (c) All Council Dog Licences shall be for the period January One (1) to December Thirty-one (31) of the year issued or the remaining portion thereof. (d) 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 on the dog for which the licence was issued. (e) Every licence issued 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. Replacement (f) A replacement Dog Licence may be issued upon being satisfied that the original licence issued has been lost, upon payment of the fee as shown in Schedule "A". ' Form (g) All Dog Licences issued shall have included a description of the animal by species, breed, colour, sex and any distinguishing marks or deformities, and a description of the property, if different from the ownerTs residence upon which the animal will be kept. Fee (h) The fees to be paid prior to issuing a Dog Licence shall be those shown in Schedule ,TAn. 6. Unweaned Animals All unweaned offspring of an animal together with the female parent shall be deemed to constitute a single animal for the purposes of this By-law. 7. Noise The keeping of any animal as defined under Section 1 (_b) of this By-law which by causing frequent or loud continuous noise disturbing the quiet, rest, peace, enjoyment, comfort or convenience of the neighborhood, or of a person or persons in the vicinity is specifically prohibited. 8. Destruction Upon Any animal may be destroyed by the Control Request Officer or other designated person upon the request of the owner, regardless of the age, value or condition of the animal and
( 4 upon receipt of the fee therefore as set out in Schedule ”An . 9. Records The Control Officer shall, subject to the requirements of the Council, keep such records as may be required. 10. Funds All fees required to be paid by any person pursuant to this By-law shall be paid to the Council Secretary who shall keep accurate records of the receipts of such funds and shall each working day deposit such funds in the designated depository. 11. Seizure and (a) Any animal running at large or Destruction violating any portion of this By-law may be seized and released to the owner of record or seized and destroyed on the authority of the Control Officer. (b) The owner of record of any animal seized and released or seized and destroyed shall be held liable for all fees pertaining thereto as set out in Schedule nAff. 12. Freedom from Any Control Officer, as defined in 1 (c) Civil Process acting under the provisions of this By-law shall not be held civilly responsible for loss or destruction of any animal that is in contravention of this By-law. 13. Trespass Any animal found trespassing on the Reserve shall be subject to this By-law and its owner shall be subject to the same conditions and penalties as apply to the owner of record in this By-law including damages to persons and/or property resulting from trespass.
( - 5 -14. This By-law may be cited as "Animal Control By-law No. 1-1978". Approved and passed at a duly convened meeting of the Council of the Gitlakdamix Band of Indians this 13th day of March_______ 1978. James Gosnell CHIEF COUNCILLOR Cecil Mercer ' Rod Robinson COUNCILLOR COUNCILLOR Max Wright Percy Tait COUNCILLOR COUNCILLOR Roy Adams Herbert Morven COUNCILLOR COUNCILLOR COUNCILLOR COUNCILLOR
( Schedule ltAtt Fees 1. Licencing .(a) Female dogs: Ci) Spayed female ........................... $12.00 (ii) Unspayed female ......................... $30.00 (b) Male dogs: (i) Neutered m a l e .......... . .............. $12,00 (ii) Unneutered male ......................... $18.00 (c) Each replacement licence t a g ..................$2.50 2. Destruction upon Request of Owner Animal under 15 lbs................................. $ 2.00 Animals 15 lbs. and under 50 lbs................... $ 4.00 Animals 50 lbs. and under 100 lbs.................. $ 7.00 Animals 100 lbs. and o v e r .......................... $12.00 3. Seizure and Release First seizure ...................................... $10.00 Second seizure ..................................... $15.00 Third seizure .......... . . . . . . . . ........ $20.00 Each additional seizure in one (1) calendar year . . $40.00 4. Seizure and Destruction . . . . ......................... $15.00
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