Contenu de la décision
KEY BAND COUNCIL RESOLUTION The Key Band Chief and Council do hereby resolve to: Enact The KEY FIRST NATION Indian Reserve Animal Control By-law WHEREAS section 81, paragraph (a), (d), (e), (q) and (r), of the empower the Council of an Indian Band to pass by-laws to provide for the health of residents on the reserve, the prevention of nuisances, the protection against and the prevention of trespass by domestic animals, in addition to, matters arising out of or ancillary to the exercise of powers under th is section, and the imposition of a penalty for the violation of any such by-law; AND WHEREAS the Council of t h e __KEY FIRST NATIO N__Band is of the opinion that the uncontrolled ownership, breeding, and running at large of animals may be detrimental to the health of the residents on the reserve, and a nuisance to such residents; THEREFORE, the Council of t h e__KEY FIRST NATION__Band enacts th is Animal Control Bylaw, N um be r____, as follows: PART 1 - GENERAL SHORT TITLE 1. This by-law may be cited as the "____ KEY FIRST NATION___ Reserve Animal Control By-law". INTERPRETATION 2. In th is by-law "animal" means a dog, a cat, or any other domestic animal;
KEY BAND COUNCIL RESOLUTION DATE: J u n e 'Z 3 l C F \ [ a 4 ]0 B C R NO: 1 f -2009/10 — I The Key Band Chief and Council do hereby resolve to "animal control officer" means an animal control officeror any by-law enforcement officer, including a police officer or a person designated by the band council for the purpose of enforcing the provisions of th is by-law. "band" means the _KEY FIRST NATION__Band, as defined by Section 2 of the Indian Act; "cat" means any cat, male or female; "council" means the Council of the _KEY FIRST NATION__Band, as defined in the Indian Act; "dog" means any dog, male or female and includes an animal that is a cross between a dog and a wolf; "dwelling" means each single unit home being a fu lly or sem i-detached building, a multiple unit dwelling, an apartment home or any building used or intended to be used for human habitation and in which normal domestic functions may be carried on. "medical officer of health" means the Community Health Nurse as appointed by band council resolution; "muzzle" means to secure a dog's mouth in such a fashion that it cannot bite anything; "owner" of a animal includes a person who possesses or harbours a animal, and the terms "owns" and "owned" have a corresponding meaning; "at large" or "running at large" means off the prem ises of the owner and not muzzled or under the control of any person;
KEY BAND COUNCIL RESOLUTION DATE: J u n e ^ 5 | 0 q 3 O b BCR NO: D . - 2009/10 The Key Band Chief and Council do hereby resolve to "reserve" means the _KEY FIRST NATION__Indian Reserve(s) No.65. "vicious dog" includes a. any dog that demonstrates any ferocious, vicious, or aggressive behaviour; 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 the cause of a prosecution under th is by law within the previous six months where a conviction against anybody had been entered concerning that specific dog; d. any dog which has bitten another animal or human without provocation. APPLICATION 3. This by-law applies to all owners of domestic animals residing or visiting on the KEY FIRSTY NATIO N__Reserve(s) No. 65. PART II - ADMINISTRATION 4. (1) The Council may appoint, by band council resolution, an individual to provide for the enforcement of th is by-law. (2) The Council may, in the band council resolution, provide for reasonable remuneration to be paid to the designated person.
KEY BAND COUNCIL RESOLUTION D A T E : J J u n e Z s l D ' i I B C R NO: 1D 3 H f -2009/10 The Key Band Chief and Council do hereby resolve to IMMUNIZATION OF ANIMALS 5. All animals on the reserve must be immunized in accordance with generally accepted veterinary standards. 6. The owner of any animal exposed to rabies shall, on demand by the band council, surrender such animal to the band council to be held in quarantine for a period of 14 days and such animal shall not be released from such quarantine w ithout the written perm ission of the medical officer of health. 7. Upon demand of the band council, the owner of any animal shall forthwith surrender the animal which has bitten any person or which has been exposed to rabies to be held in quarantine at the discretion of the medical health officer. 8. Any animal found to be infected with rabies shall be destroyed. GENERAL PROHIBITIONS 9. (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 9(1) if the dog: a. is held on a leash by a person capable o f restraining the dog's movements; b. is being used by a person for the purpose of hunting; or
KEY BAND COUNCIL RESOLUTION DATE: H une, 2J2>\ 0°}_________ 5 o P BCR NO: b P p ________ -2009/10 The Key Band Chief and Council do hereby resolve to c. is being used by a person to work in a lawful manner with sheep or cattle; or d. is used by a v isually 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 of an animal who fails to take all necessary measures to ensure that such dog is under control or supervision or in the possession of the owner at all times, upon any property on the reserve, is guilty of an offence. (5) The owner of a dog which causes damage to any property including moveable property, lawns, flower gardens, flower beds, bushes or plants, or other parts of property, is guilty o f 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, vom it, or any other waste left by the dog on the said property. 10. No owner shall allow his dog to remain unfed or w ithout water whereby it e ither amounts to cruelty or causes the dog to become a nuisance. 11. No person shall punish or abuse a dog in a manner which is cruel or unnecessary. 12. No owner shall perm it a dog to bark, yelp, growl or otherwise annoy or disturb the peace of residents on the reserve.
KEY BAND COUNCIL RESOLUTION DATE: .T/me23[Cg (o 10 BCR NO: 6?,H __-2009/10 The Key Band Chief and Council do hereby resolve to PROHIBITIONS WITHIN SPECIFIC AREAS OF THE RESERVE 13. (1) The Council may at any time prohibit the keeping of animals within any area of the reserve. (2) Notice of 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 the boarding or treatment of animals within the lim its of the reserve, without express written authorization to that effect from the band council, by way of band council resolution. Vicious Dogs 14. Anyone owning a vicious dog or aggressive dog must post a clearly visib le sign notifying the public. 15. A t all times, a vicious dog must be muzzled and kept on a leash whenever it is in a public place. 16. 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 of children. C_
KEY BAND COUNCIL RESOLUTION DATE: J u n e 2^| 7 oP |0 BCR NO: Q 5 M-________ .-2009/10 The Key Band Chief and Council do hereby resolve to: Impounding and Seizure 17. (1) No owner shall perm it his dog to be at large on the reserve; (2) An animal found at large on the reserve may be impounded for not less than five (5) days and, after notifying the owner, may thereafter be humanely destroyed or otherw ise disposed of, unless in the meantime such animal has been claimed by its owner and the costs incurred for the impounding of the animal have been paid. 18. (1) The chief and Council by BCR 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 of the provisions of th is by law. (2) If an animal is apprehended because it has inflicted an unprovoked attack upon an animal or human person, it shall be impounded 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. the owner has obtained the necessary registration identification tag from the animal control officer before the dog is released.
KEY BAND COUNCIL RESOLUTION DATE: J 2 3 1 0°i BCR NO: ______ _-2009/10 The Key Band Chief and Council do hereby resolve to (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, the 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 of 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 addition, any fee arising from the provision of such veterinary care shall be a charge against the owner of the animal. (6) Whereby, a dog is seized which is injured or should be destroyed without delay for humane reasons or for reasons of health or safety to persons or animals, the animal control officer shall destroy the dog as soon after the seizure as the officer th inks fit w ithout perm itting 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 of an animal which has been impounded. (8) A written report of each such incident, as described in th is section, shall be filed with the band council by the animal control officer. ANIMAL DESTROYED IF UNABLE TO SEIZE 19. (1) Where an animal, after reasonable effort, is unable to be seized a dog that is running at large, contrary to the provisions of this by-law, maybe destroyed. (2) No damages or compensation may be recovered as a result o f the destruction of a dog pursuant to subsection (1).
KEY BAND COUNCIL RESOLUTION DATE: 0iune 23 D°i 9 o ? l o BCR NO: 034 -2009/10 The Key Band Chief and Council do hereby resolve to p r o t e c t io n f r o m v ic io u s d o g s 20. (1) A person designated by Key First Nation Chief and Council 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; or d. domestic livestock. (2) A person or animal control officer who must kill a vicious dog, pursuant to section 20(1), shall immediately report the incident to the Band Council and notify the dogs' owner. (3) No damages or compensation may be recovered as a result of killing a dog by a person who is required to do so pursuant to section 20(1). PENALTY 21. Every person who contravenes any of the provisions of this by-law is guilty o f an offence and is liable on summary conviction to a fine of not more th a n $100.00_ or to im prisonm ent for a term o f__7 days___ , or to both a fine and imprisonment. 22. Should a court determ ine that a provision of th is by-law is invalid for any reason, the provision shall be severed from the by-law and the valid ity of the rest of the by-law shall not be affected.
KEY BAND COUNCIL RESOLUTION DATE: T m n e . x ^ p q Q o p \ D BCR NO: ______ -2009/10 The Key Band Chief and Council do hereby resolve to: t h i s BY-LAW IS HEREBY made at a duly convened meeting of the Council of the KEY FIRST NATION Band th is 23th day of JUNE, 2009. Voting in favour of the by-law are the following members of the Council: being the majority of those members of the Council of the Band present at the aforesaid meeting of the Council. The quorum of the Council is _5__members. Number of members of the Council present at the meeting: I, Chief/Councillor of the Band, do hereby certify that a true copy of the foregoing by-law was mailed to the M inister of Indian Affairs and Northern Development at th e ___ Ft. Qu'Appelle___ office of the department pursuant to subsection 82(1) of the Indian Act,th is23th day of _June_, 2 0 0 9 __. (Witness) (Chief/Acting/chief)
Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.