Contenu de la décision
06/2 0 9 6 / / 9 3 9 0 /9 1 9 0 :48 1 7 F : A 5 X 8 1 25 © 0 6 0 33 4 2 6 5 6 2 6 1 0 6 474 Ka:yu/Ch L e A : N k D S B A T N R D UST SERV . 0 0 7 08/019 Ka:' yu: 'k 't 'h ’/ChtkitlesTef f t Nation General Delivery Kyuquot, B.C. VOP 1J0 Telephone: 332-5259 Fax:332-5210 By-law No. 3 Being a By-law Respecting the Care and Control of Dogs on the Reserve. W HEREAS section 81, paragraph (a), (d), (e), (q), and (r), of the Indian Act empower the Council of a F irst Nation to pass by-laws to provide for the health of residents on the reserve, the prevention of nuisances, the protection against and prevention o f trespass by dogs, in addition to, matters arising out of or ancillary to the exercise of powers under this section, and die imposition of a penalty for the violation of any such by-law; AND W HEREAS as (he Council of the Ka:lyu:,k >t>h7Che:k:ües7et,h ' First Nation is of the opinion that the uncontrolled ownership, breeding, and running at large, of animals may be detrimental to the health of die residents on the reserve, and a nuisance to such residents; THEREFORE die Council of the K at'yw 'k 't'h '/C he& desT et'h ' First Nation enacts this Dog control By-law. N um ber 3. as follows: PART 1 - GENERAL SHORT TITLE 1. This by-law may be cited as the "K at'yur'k 't'hV C hedutlesT et'h1 F irst N ation Dog C ontrol By-law” . INTERPRETATION 2. In this by-law “ammar means a dog. “animal control officer" means an animal control officer, appointed pursuant to section 3, o r any by-law enforcement officer, including a police officer or a person employed by the band council for the purpose of enforcing the provisions of this by law "animal register" means die register kept by the animal control officer for the purpose o f the registration of all dogs on the reserve. "band" - "FirstNation*means the Kat'yur'k't'hVChertedesTei'h' First Nation, as defined by Section 2 of the Indian Act;
00/2 0 9 6 / / 9 3 9 0 /9 1 9 0 :48 1 7 F : A 5 X 9 1 2S Q 0 6 0 3 4 32 6 5 6 2 6 1 0 6474 K „ a :yu/cn L e A : N K D S TRUST SERV band •hi 0 PB 1 u 0 © 09/019 “council*means the Council o f the Ka-.'yur’k 't'hV Q ie.kitlcsV ct'h ' F irst N ation, as defined in the Indian Act; “dog "m eans any dog, male or female and includes an animal that is a cross betw een a dog and a wolf; “dwelling “means each single unit home being flilly or semi-detached building, a m ultiple un it dw elling, an apartment home or any building used or intended to be used fo r hum an habitation arid in which normal domestic functions may be carried on. “medical officer o f health * means die medical officer o f health so appointed by band council resolution; *muzzle " m eans to secure a dog’s mouth in such a fashion that it cannot bite anything. “owner" o f an animal includes a person who possesses o r harbors an anim al, and the term s "ow ns1* 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 K ai'yur'k 't'b '/C heikitlesV ct’h ’ F irst N ation R eserved) No. 6 and N o. 1. (H oup-si-tas Reserve and Village (Aktis) Island) "vicious dog" includes a) any dog that demonstrates any ferocious, vicious, or aggressive behavior b) any dog that an animal control officer, upon reasonable and probable grounds, believes to be a vicious dog; c) any dog which has been die cause o f a prosecution under this by-law w ithin the previous six months Where a conviction against anybody had been entered concerning that specific dog; d) any dog which has bitten another animal o r human without provocation. APPLICATION 3 . This by-law applies to all owners o f dogs residing or visiting on the K a :'y u :'k 't’h7C he:k:tles7et,h ' F irst Nation Reserve(s) No. 6 and No. 1. PA R T H -A D M IN IST R A T IO N Animal Control Officer 4. (1) The Council may appoint, by band council resolution, an anim al control officer to provide for the adm inistration and enforcement o f the by-law and m ote specifically to receive registrations and to issue identification tags under this by-law , (2) The Council m ay, in the band council resolution, provide for reasonable rem uneration to be paid to the animal control officer. 08/29/99 10:48 FAX 1 250 332 5210 Ka:yu/Che:k BAND 0009 REGISTRATION AND IDENTIFICATION OF ANIMALS 5. (1) E v ery person keeping one dog, on the reserve shall register and have an identification tag placed around the neck o f the animal. (2) The application for registration and identification tag shall be filed with the animal control office and it w ill include: (a) the applicant’s name; (b) the applicant’s address or lot number (c) a description o f the dog registered, including age, sex, name and breed if known. ( ' d ) A record that the animal is imm»ni7̂ against - r * a bie s , not • i ng t h • e d » a te 1 » o _ f such &
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known. (d) A record that the animal is immunized against rabies, noting the daPAGE: ;9ucl-2 & im m unization, the name o f the person immunizing the anim al, including the m anufacturer’s name o f die vaccine and its batch number; and (e) Any other inform ation deemed by the animal control officer to be necessary fo r the proper adm inistration o f the by-law. 6. The charge fo r registration and identification tags shall be: unneutered m ale: $50.00, unspayed fem ale: $50.00 for the first year, spayed or neutered $20.00, 2 ** year uim eutered male - $20.00, unspayed female: $30.00, 2 0,1 year, spayed or neutered $10.00. 7. The animal control officer shall issue the license tag upon registration and paym ent o f die annual foe and, if necessary proof that die animal has been immunized against rabies. 8. The license tag shall be securely attached to the collar of harness o f the anim al a t all tim es, 9 . The registration and identification tag w ill be valid for one foil year from the date o f issuance. IMMUNIZAITON OFANIM ALS 10. All anim als on the reserve m ust be immunized in accordance w ith generally accepted veterinary standards. 11. The ow ner o f any anim al exposed to rabies shall, on demand by die band council, surrender such anim al to the band council to be held by the animal control officer in quarantine for a period o f 14 days and such animal shall not be released from such quarantine w ithout the w ritten perm ission o f the medical officer o f health. 12. Upon dem and o f the band council, the owner of any animal shall forthw ith surrender to the animal control officer any animal, which has bitten any person or w hich, has been exposed to rabies to be held in quarantine at the discretion o f the m edical health officer. 13. Any anim al found to be infected with rabies shall be destroyed by its ow ner o r by the anim al control officer at the owner’s expense.
06/2 0 9 6 / / 9 3 9 0 /9 1 9 0 :49 1 8 F : A 0 X 0 1 25 ® 0 6 0 33 4 2 6 5 6 2 6 1 0 6 474 Ka:yu/Ch L e A : N k D S B A T N R D UST SERV LIMITATION ON ANIMALS PER DWELLING 14. (1) No mené than one dog shall be harboured or possessed in any dwelling; (2) The provisions of subsection (15)(l) shall not apply to dog litters, whereby the pups are under four (4) months of age. GENERAL PROHIBITIONS 15. (1) Subject to subsection (2), every owner of a dog shall keep the dog safely tethered or pained up at all times. (2) A dog need not be tethered or penned up as provided in subsection 15(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 used by a visually impaired person as a guide dog. (3) 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 of the owner or his agent. (4) The owner o f an animal who fails to take all necessary measures to ensure that such dog is under control or supervision or in die possession of die owner at all tim es, upon any property on the reserve, is guilty of an offence. (5) The owner o f a (tog, which causes damage to any property including moveable property, lawns, flower gardens, flowerbeds, bushes or plants, or other parts o f property, is guilty of an offence. (6) The owner of 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. 16. No owner shall allow his dog to remain unfed or without water whereby it either amounts to cruelty or causes the dog to become a nuisance. 17. No person shall punish or abuse a dog in a manner, which is cruel or unnecessary. 18. No owner shall permit a dog to bark, yelp, growl or otherwise annoy or disturb the peace o f residents on the reserve. 19. All dogs must be spayed or neutered. PROHIBITIONS WITHIN SPECIFIC AREAS OF THE RESERVE 20. (1) The Council may at any time prohibit the keeping of animals within any area o f the reserve. (2) Notice o f any prohibition made by council pursuant to subsection 19(1) shall be posted in the band office and after the date 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 die boarding or treatment of animals within the limits of the reserve, without express
06/30/99 18:00 ©604 666 0011/019 00/29/99 10:49 FAX 1 2S0 332 5210 6 474 Ka:ro/Ch L e A : N k D S B A T N R D UST SERV 0011 written authorization to that effect from fee band council, by way o f band council resolution. VICIOUS DOGS 21. Anyone owning a vicious dog or aggressive dog must post a clearly visible sign notifying the public. 22. At all times, a vicious dog must be muzzled and kept on a leash whenever it is in a public place. 23. 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. IMPOUNDING AND SEIZURE 2 4 . (1) No owner shall permit his dog to be at large on the reserve; (2) An animal found at targe on the reserve may be impounded for nor less than five (5) days and, after notifying the owner, may thereafter be humanely destroyed or otherwise disposed of, unless in the meantime such animal has been claimed by its owner and die costs incurred for fee impounding o f the animal have been paid. 25. (1) An animal control officer 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 fee provisions o f this by-law. (2) If an animal is apprehended because it has inflicted an unprovoked attack upon an animal or human person, the animal control officer shall impound the animal for such period of time as specified by a veterinary surgeon. (3) Subject to subsection(6), an animal control officer who has seized a dog pursuant to subsection (1) shall release 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 to the animal control officer all expenses incurred in securing, caring for and feeding the dog as listed in Schedule “A" hereto attached; (c) fee owner has obtained fee necessary registration identification tag from fee animal control officer before fee dog is released. (4) Where a dog has not been reclaimed within five (5) days after seizure, pursuant to subsection (3), and notification has been given to the owner, fee animal control officer may humanely destroy or dispose of 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 of such an animal. (5) The animal control officer shall seek veterinary attention for an animal found to be diseased, whereby the owner has declined, failed or neglected to do so; in
06/30/99 18:00 ??604 666 6474 LANDS TRUST SERV Bl 012/019 0 6 /2 9 /9 9 I fc iL F A Ï 1 250 332 3210 Ks:yu/Cbe:k BAND 0012 addition, any fee arising from die provision of such veterinary care shall be a charge against the owner of die animal. (6) W hereby, a dog is seized which is injured or should be destroyed without delay for humane reasons of health or safety to persons or animals, the animal control officer shall destroy die dog as soon after the seizure as the officer thinks fit without permitting any person to reclaim the animals and no damages or compensation may be recovered on account of such action. (7) The band council shall forthwith make every reasonable effort to notify the owner o f an animal, which has been impounded. (8) A written report of each such incident, as described in this section, shall be filed with the band council by the animal control officer. ANIMAL DESTROYED IF UNABLE TO SEIZE 26. (1) Where the animal control officer, after reasonable effort, is unable to seize a dog that is running at large, contrary to provisions of this by-law, the officer may destroy the dog. (2) No damages or compensation may be recovered as a result of the destruction of a dog by die animal control officer pursuant to subsection (1) PROTECTION FROM VICIOUS DOGS 27. (1) A person or animal control officer may kill, if necessary, a vicious dog which is running at large and is in die act of pursuing, attacking, injuring, damaging, killing or destroying: (a) a person (b) another dog that is tethered (c) a food cache, harness or other equipment or (d) domestic livestock (2) A person or animal control officer who must kill a vicious dog, pursuant to section 26(1), shall immediately report the incident to the Band Council or animal control officer and notify the dogs' owner. (3) No damages or compensation may be recovered as a result o f killing a dog by a person or animal control officer who is required to do so pursuant to section 26(1). PENALTY 28. Every person who contravenes any of die provisions of this by-law is guilty of an offence and is liable on summary conviction to a fine of not more chan $1000 or to imprisonment for a term of 30 davs. or to both a fine and imprisonment.
06/30/99 18:01 ©604 666 6474 LANDS TRUST SERV 06/29/99 10j $1 FAI 1 280 332 5210 Ka:yu/Cbe:k BAND TH IS BY-LAW IS HERBBYmade at a duly convened meeting of the council o f die K ar'yu r'k 't'h ’/CheikitlesTet'h' First Nation thisC J& u^/^ Voting in favor o f the by-law are the following members of die Council: CouncillorBev Hansen- illo r l John Being die majority o f those members of the Council of the Ka: 'yu: 'k 't'h '/C h e^ tlesV ei'h ' First Nation present at the aforesaid meeting of the Council. The quorum of the Council is 2 . members. Number o f Council members present at the meeting: I. John Vincent. Chief Councillor of the Ka: 'yu: 'k 't'h7C he:k:tles7et'h ' F irst Nation, do hereby certify that a true copy of the foregoing by-law w$s Indian Affairs and Northern Development at the f t department pursuant to subsection 82(1) of the 1999.@013/019 @013 day of 1999. Councillor Cynthia Carlos Councillor Natalie Tack m ailed to the M inister of *9 office of the lim an Act, this j Cf day o f , _
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