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ANIMAL CONTROL BY-LAW #103 Being * By-law Respecting the C ire «ad Control o f Animate on the Reserve KW AYHQUITLUM FIRST NATION ENACTED ON THE 02 DAY OF MARCH 1999 W HEREAS section 81, paragraph (a), (d), (q) and ( r ), o f the Indian Act empower the Council o f a Band o f Indians to pass by-laws to provide for the health o f residents on the reserve, the prevention o f nuisances, the protection against and prevention o f trespass by domestic animals, 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; AND WHEREAS the Council o f the Kwayhquithun 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, the Council o f the Kwayhquitlum First Nation enacts a by-law as follows: Short Title 1. This by-law may be cited as the Kwayhquitlum First Nation Animal Control By-law. Interpretation 2. In this by-law: “Animal” means a dog, cat, or any other domestic animal, “Animal control officer” means an animal control officer appointed pursuant to section 3, or any by-law enforcement officer and includes an officer o f the Police or a person employed by the Band Council for the purpose o f enforcing the provisions o f this by-law or an officer o f the Society for Prevention o f Cruelty to Animals heron after called “S P C A ”, “Band” means the Kwayhquitlum First Nation “Cat” means any cat, male or female, “Council” means the Council o f the Kwayhquitlum First Nation, as defined in the Indian Act; “Dog” means any dog, male or female that is a cross between a dog and a wolf; “Dwelling” means each angle unit being a fully detached home, a semi-detached home, a multiple attached home and any building used or intended to be used for human habitation ami in which normal domestic functions may be carried out; “Muzzle” means to secure a dog’s mouth in such a fashion that it cannot bite anything; t
“Owner” o f an animal includes a person who possesses or harbors an animal, and “owns” and “owned” have a corresponding meaning; “At large” or “running at large” means off the premises o f the owner and not muzzled or under the control o f any person; “Reserve” means the Kwayhquitlum First Nation #560 - I.R # 1 and 2 “Villainous dog” includes: • any dog that demonstrates any ferocious, vicious, or aggressive behavior, • any dog that an animal control office, upon reasonable and probable grounds, believes to Be a villainous dog; • any dog which has been the cause o f prosecution under this by-law within the previous six months where a conviction against anybody had been entered concerning that specific dog; • Any dog which had bitten another animal or human without provocation. Animal Control Officer The Council may appoint by Band Council Resolution the SPCA animal control officer to provide for the administration and enforcement o f this by-law. The Council may, in the Band Council Resolution provides for reasonable remuneration to be paid to the SPCA. Immunization of Animals All animals in the reserve must be immunized in accordance with generally accepted veterinary standards. The owner o f any animal exposed to rabies or other diseases must quarantine their animal for a period o f fourteen days and such animal shall not be released without the written confirmation form a veterinarian. An owner upon request by the Band Council shall forthwith surrender to the SPCA any animal, which has bitten any person. Any animal that must be destroyed because o f rabies, diseases, or viciousness shall be at the expense o f the owner. Limit o f number of animals per dwelling NO more than three (3) animals consisting o f dogs and cats shall be kept, harbored or possessed in any dwelling; The provisions o f the above shall not apply to dog or cat litters, where the pups or kittens are under four (4) months o f age. No Exotic anim als or does breed far VIOLENT behaviors. Z
General Prohibition» Subject to the section below, every owner o f a dog shall keep the dog safely tethered or pained up at all times; A dog need NOT be tethered or penned up if the dog: • Is kept under control • Is held on a leash by a person capable o f restraining the dog’s movements; • Is being used by a person for the purpose o f hunting; • Is being used by a person to work in a lawful manner with sheep or cattle; • Is used by a visually impaired person as a guide dog. 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 o f the owner. The owner o f a dog, who fails to take all necessary measures to ensure that such dog does not enter upon property without being under the control or in the possession o f the owner, is guilty o f an offense. The owner o f a dog which causes damage to any property including moveable property, lawns, flower gardens, flower beds, bushes, plants, or other parts o f property, is guilty o f an offense and is liable for the payment o f damages. 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. No owner shall allow his dog to remain unfed or without water, to amount to cruelty or to cause the dog to become a nuisance, i.e. excessive whining, barking, or howling. No person shall punish or abuse a dog to an extent that it is cruel or unnecessary. No owner shall permit a dog to bark, yelp, and growl or otherwise annoy or disturb the peace o f residents o f the reserve. Prohibitions within specific areas of the reserve The Council may at any time prohibit the keeping o f animals within any area o f the reserve. Notice o f any prohibition made by council pursuant to the above shall be posted in the Band office and after the date o f the posting o f such notice, no person shall keep or have an animal within the prohibited area. No person may establish, own or operated an establishment or facility for the boarding or treatment o f animals within the limits o f the reserve, without express written authorization to that effect from the Band Council, by way o f Band Council Resolution. 3
Villainous Dog» No villainous dogs may be owned within the Kwayhquitlum First Nation. Any person owning or being in possession o f such a dog will be required to immediately remove such an animal. Council may inform the SPCA and request them to remove such a dog, at the owner’s expense. Impounding and Seizure No owner shall permit a dog belonging to him to be at large in the reserve; An animal found at large in the reserve may be impounded for not more than five (5) days. Thereafter the dog may be humanely destroyed or otherwise disposed of, unless its owner has claimed in the meantime such animal and the costs incurred for the impounding o f the animal have been paid. The SPCA may seize a dog from any person whom he has reasonable cause to believe is violating or has violated or is about to violate any o f the provisions o f this by-law. If a dog is apprehended because it has inflicted an unprovoked bite upon another animal or human person, the SPCA shall impound the animal for such a period o f time to be specified by a veterinary surgeon. Subject to the above the SPCA who has seized a dog shall restore possession o f the dog to its owner where: • The owner claims possession o f the dog within five (5) days after the date o f the seizure, and: • The owner pays the SPCA all expenses incurred in securing, caring for and feeding the dog. Where a dog has not been reclaimed within five (5) days after seizure, the SPCA may humanely destroy or dispose o f the dog where a veterinary surgeon so directs and no damages or compensation may be recovered as a result o f the destruction or disposal o f a dog by the SPCA. If an animal is found to be diseased, the SPCA shall seek veterinary attention for it where the owner has declined, failed or neglected to do so; any fee arising from the provirion o f such veterinary care shall be a charge to the owner o f the animal. Where in the opinion of the SPCA a dog seized under this section is injured or should be destroyed without delay for humane reasons or for reasons o f health or safety to persons or animals, the SPCA shall destroy the animal. No damages or compensation may be recovered on account o f such action. When and animal has been impounded, the Band Council shall forthwith make every reasonable effort to notify the owner o f such animal. A written report o f each such incident as described in this section shall be filed with the Band Council. D estruction where unable to seize Where the SPCA, after reasonable effort, is unable to seize a dog that is running at large contrary to the provisions o f the by-law, he may destroy the dog. 4
Protection from dots Any person may confine a dog that is tunning at large and is in the act o f pursuing, attacking, injuring, damaging, killing or destroying: • A person, • Another dog that is tethered • A food cache, harness or other equipment, or • Domestic livestock Penalty Every person who contravenes any o f the provisions o f this by-law is guilty o f an offence and is liable on summary conviction to a fine o f not more than one thousand dollars ($1,000.00). This by-law is hereby made at a duly convened meeting o f the Council o f the Kwayhquithim First Nation this 02-day o f March 1999.
I* irdiA wd Nonhtm AJiaknW (* AJUifl ClMlft •I du No<4 J i n t d A C hftM lllU il Ht. - tfumtrt ( t t i i l u t l / c<î l u i AJtulras In dw vw i «I IruR \ C > ^ H FIW Rtl«r*nc» - H9 de roi» du dossier BAND COUNCIL RESOLUTION S~6o RESOLUTION DE CONSEIL DE BANDE NOTCt TM word» **T»om our Bond fund»" “ Copllol** or "Revenue**, which «vor I» lh« «••», mvil eppeet In oil nioluUon» riquiiilnc •sp indltw ii loom Omd Fund» rtOTAl Let molt "des (onde do noir# bond# ••C«pl(ol,t ou revenu'* colon to «#« doivent perelire done lout»» lee resolutions portent sur dee dspmeee e «time lot lends dee bendeo THE COUNCIL OF THE „ , . . „ „ , Current Copltol Bolonct l b c o n s e i l d e l a b a n d b iNo iBNNB ' Kwayhquitlum First Nation AGENCY d is t r ic t Vancouver Committed - E n f t q i S p r o v in c e B r i t i s h Columbia Current Revenue b tl tn c e Xfttfiê Hm r t venu 4 ... ....... . nom d e L 'BNDROi. Kwayhquitlum Committed - Erifoiié S. DATE -------- o A ^ n o v J T ~ ù o v ï f l ’-M O T ” AD 19 • Yia r ,C-?ânU i "1 DO HEREBY RESOLVE^ DECIDE, PAR LBS PRESENTES! W hereas on March 2,1999 at a duly convened meeting o f the Kwayhquitlum First Nation Chief and Council it was resolved as follows: The Kwayhquitlum First Nation Chief and Council wishes to implement and register a bylaw for the control o f animals within the Kwayhquitlum First Nation; Attached is the by law # 103, Animal Control By-law. Therefore, the Council o f the Kwayhquitlum First Nation supports the enactment o f the above by-law. A quorum (or th l§ Bond* Pour c o ll i bonde /# quorum to t c o n t in t o( (1x4 1 Council Member» Membre» du Conooll 7.ÏI7.T (Councillor » cons siller) (Councillor - conseiller) ' (C oünëI*110r" c on"» • )ÏÏ• /) .......... . IHMOMNIMMtOIMMttMMHtMIMIfftHtMIMHtlMHMM (Councillor - conseiller) (Councillor - conseiller) ‘H'CounoTBor-’’oorit olllit) -------- •(^ ïïiu 7 r^ 7 o ïïi7 rr”” ^Councillor - eonee'lilet) F O R D E P A R T M E N T A L U S B O H L Y - R É S E R V É A U MINISTERS Omd Fund Cede 2. COMPUTER BALANCE» - SOLDES D'ORDINATEUR 3i Cspmdllure 4a Authority - Au to rile’ 5. Svurci ui fundi Cede du compte Ui bond» A, Capital B, Revenue - Revenu Depeneee Indien Aet Stc Source ties tonds s Art, de )e Loi sur 1st s $ Indiens □ c.p.u, □ « ; Rrcemm*nd»d - Rooommondohle Approved — Approuve bl e Approvlnf Olllcir - Approuve pet Dot* Rioommmdlnc Olllcor - Reoonmendo pot
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