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THE HORSE LAKE FIRST NATION BAND OF INDIANS BY LAW NO. 6 Being a By-Law to Provide for the Licensing, Regulating and Confinement of Dogs and Other Animals WHEREAS paragraphs (a), (d), (e), (r), and (q) of section 81(1) of the Indian Act empower the Council of The Horse Lake First Nation Band of Indians to make By-Laws with respect to the prevention of trespass by animals, the establishment of pounds, the appointment of poundkeepers, the regulation of their duties and provision for fees and charges for their services and with respect to any other matter arising out of or ancillary thereto within The Horse Lake First Nation Indian Reserve No. 152B; NOW THEREFORE the Council of The Horse Lake First Nation Band of Indians enacts as a By-Law thereof as follows: 1. CITATION 1.1 This By-Law may be cited as the “Animal Control By-Law”. 2. DEFINITIONS 2.1 In this By-Law, unless the context otherwise requires, the term: (a) "Animal Shelter" means the premises designated by the Council for the purpose of impounding and caring for all animals found to be in violation of this By-Law; (b) "at large" means the circumstance where a dog is not under the complete control of a dog handler, and (i) is upon property over which the dog's handler does not have the right of occupation; or (ii) is upon any highway, thoroughfare, street, road, avenue, parkway, lane, alley, square, bridge, causeway, trestleway, sidewalk (including the boulevard portion of the sidewalk), park or any other place upon which the public is ordinarily entitled or permitted to access; (c) "Band" means The Horse Lake Band of Indians; (d) "By-Law Enforcement Officer" means the person or persons appointed as such from time to time by the Council to do any act or perform any duties under this By-Law; (e) “Council" means the Council, as defined in the Indian Act, of The Horse Lake First Nation Band of Indians; (f) "dog" includes any bitch, spayed bitch, male or neutered male;
- 2 -(g) "dog handler" means a person who is responsible for a dog; (h) "dog owner" means a person who owns a dog or who has possession and charge over a dog or who permits a dog to be housed on property that the person owns or occupies; (i) “Impoundment Charge” means the amount of $500.00; (j) “Kennel Fee” means the amount of $ 100.00 per day; (k) "kennel operator" means any person, group of persons or corporation, lawfully engaged in the commercial business of breeding, buying, selling or boarding dogs; (l) "leash" means a device that attaches to a dog for the purpose of controlling or restraining a dog; (m) “Licence Fee” means the amount of $200.00; (n) “Medical Officer” means a doctor or other person with medical training designated by the Council; (o) "off-leash area" means an area of the Reserve that has been posted as an off-leash area by the Council under section 4.3; (p) “Prescribed Licence Fee” means the amount prescribed from time to time by Council in relation to the licensing of dogs as provided herein, which amount shall not exceed the cost of administering and enforcing this By-law; (q) “Prescribed Impoundment Charge” means the amount prescribed from time to time by Council in relation to the impounding of dogs as provided herein, which amount shall not exceed the cost of administering and enforcing this By-law; (r) “Prescribed Kennel Fee” means the amount prescribed from time to time by Council in relation to the kennelling of dogs as provided herein, which amount shall not exceed the cost of administering and enforcing this By-law; (s) "Reserve" means that tract of land the legal title of which is vested in Her Majesty the Queen in Right of Canada that has been set apart for the use and benefit of the Band and known as Horse Lake First Nation. Reserve No. 152B; (t) "vicious dog" means any dog whether on public or private property, which has: (i) without provocation, chased, injured or bitten any other animal or human; or (ii) without provocation, damaged or destroyed any public or private property; or
- 3 -(iii) without provocation, threatened or created the reasonable apprehension of a threat to other domestic animals or humans. 3. LICENSE REQUIREMENTS 3.1 The Council may by resolution appoint a By-Law Enforcement Officer to administer this By-Law. 3.2 No person shall own, keep or harbour any dog within the Reserve unless such dog is licensed as herein provided. 3.3 Every person who is within the limits of the Reserve and being the owner of a dog over the age of six (6) months shall, between the first and thirty-first day of January in each year, obtain a license for the current calendar year commencing on the first day of January, by applying at The Horse Lake First Nation Band Administration Office or at the Animal Shelter or to the By-Law Enforcement Officer and by paying the lesser of the Licence Fee and the Prescribed Licence Fee. 3.4 Every person who becomes the owner of a dog over the age of six (6) months or takes up residence within the Reserve and who is the owner of a dog which is over the age of six (6) months and which is not currently licensed in accordance with this By-Law, shall obtain a license by making application for such license in the manner set out in section 3.3 and by paying the lesser of the Licence Fee and the Prescribed Licence Fee within fifteen (15) days after becoming owner of the said dog or being the owner of the said dog and taking up residence within the Reserve. 3.5 Dog owners shall provide the following information with each application for a dog license: (a) the name and address of the dog owner; (b) the name, age and description of the dog to be licensed; and (c) such other information as may be required with respect to the application as prescribed by the Council from time to time. 3.6 Every person who becomes the owner of a dog which is currently licensed in accordance with the provisions of this By-law shall provide the By-Law Enforcement Officer with his name, land description, house number or lot number and the license number of the dog within fifteen (15) days after becoming the owner of said dog. 3.7 Licenses issued under this By-Law shall not be transferable. 3.8 Upon the making of an application in the form prescribed by the Council from time to time and upon payment of the required fee in accordance with section 3.3 or section 3.4, the dog owner will be supplied with a metal license tag stamped with a number and the year of license.
- 4 -3.9 Every dog owner shall ensure that the license tag is securely fastened to a choke chain, collar, or harness which must be worn by the dog at all times the dog is off the premises of the owner. 3.10 When a licence tag is lost, the owner of a dog which has been duly licensed under this By-Law may obtain a substitute license tag by making payment of the lesser of the Licence Fee and the Prescribed Licence Fee. 3.11 The provisions of sections 3.2 to 3.10 shall not apply to persons and dogs temporarily on the Reserve for a period not exceeding three (3) weeks in a calendar year. 4. RESPONSIBILITIES OF DOG OWNERS 4.1 No dog shall be at large. 4.2 A dog owner is responsible for ensuring that the owner's dog is not at large. 4.3 The Council may post signs designating areas as off-leash areas. 4.4 In all areas other than an off-leash area, a dog must be kept on a leash and under the complete control of a dog handler. 4.5 In an off-leash area, a dog must be kept under the complete control of a dog handler. 4.6 It shall be the duty of the occupant of any house or premises in or about which a bitch is kept or allowed to remain, to keep such bitch housed and confined during the whole period such bitch is in heat. 4.7 If a dog defecates on any public or private property other than the property of its owner, the dog owner shall cause such defecation to be removed immediately. 4.8 If a dog defecates on the property of its owner, the dog owner shall cause such defecation to be removed within a reasonable time. 4.9 No dog owner shall permit his dog to bark or howl excessively or to otherwise disturb any person. 4.10 No dog owner shall permit his dog: (a) to damage public or private property; (b) to bite a person or persons whether on the property of the dog owner or not; (c) to do any other act that injures a person or persons whether on the property of the dog owner or not; (d) to chase or otherwise threaten any person or persons whether on the property of the dog owner or not, unless the person chased or threatened is a trespasser on the property of the dog owner;
- 5 -(e) to bite, bark at, chase or stalk, bicycles, automobiles or other vehicles; (f) to cause damage to other animals; (g) to upset any waste receptacles or scatter the contents thereof either in or about a road, lane, or other public property or in or about the premises not belonging to or in the possession of the dog owner; or (h) to otherwise be or become a nuisance. 4.11 When public or private property is damaged by a dog, its owner shall be deemed to have failed or refused to have complied with the requirements of section 4.10(a). 4.12 No dog owner shall permit his dog on any playground, school yard or posted area where dogs are not permitted. 4.13 The Council shall post signs to indicate areas where dogs are not permitted. 4.14 Where a dog is found on a playground, school yard or posted area where dogs are not permitted, the dog owner shall be deemed to have failed or refused to comply with the provisions of section 4.12. 5. IMPOUNDMENT 5.1 The By-Law Enforcement Officer or any member of the RCMP is authorized to capture all dogs found in contravention of this By-Law and to impound the said dog in the Animal Shelter. 5.2 No person, whether or not he is the owner of a dog which is being or has been pursued or captured, shall interfere with or attempt to obstruct a By-Law Enforcement Officer or a member of the RCMP attempting to capture or who has captured a dog which is subject to impoundment. 5.3 The dog so impounded shall be kept in the Animal Shelter for a period of at least seven (7) days. Sundays and statutory holidays shall not be included in the computation of the seven (7) day period. 5.4 Reasonable efforts shall be made during the seven (7) day period by the By-law Enforcement Officer or his delegate to notify the owner of a dog which has been impounded, and which carries a current license tag, of the impoundment. During this period any healthy dog may be reclaimed by its owner or agent of the owner upon payment to the Council of: (a) The lesser of the Impoundment Charge and the Prescribed Impoundment Charge; (b) the lesser of the Licence Fee or the Prescribed Licence Fee when a dog is not licensed; and
- 6 -(c) the lesser of the Kennel Fees or the Prescribed Kennel Fee, for every day or part thereof that the dog has been impounded, including weekends and statutory holidays. 5.5 For a dog to be reclaimed under section 5.4, the dog owner shall provide proof of ownership of the dog to the By-law Officer. 5.6 At the expiration of the seven (7) day period set forth in section 5.3, any dog not reclaimed: (a) may be sold to a person other than the dog owner, providing that such person shall be responsible for any or all of the payments listed in section 5.4; or (b) may be destroyed. 5.7 A dog owner who has subsequently been found not guilty of committing an offence under this By-Law may request the return of any fees paid by him for reclaiming his dog. 6. VICIOUS DOGS 6.1 The dog owner shall confine within a building or secure enclosure, every vicious dog and shall not take such dog out of such building or secure enclosure unless such dog is securely muzzled. 6.2 Any dog which bites a person shall be promptly reported to the By-Law Enforcement Officer and may thereupon be quarantined at the direction of the By-Law Enforcement Officer and shall not be released from such quarantine except by written permission of the Medical Officer. At the discretion of the By-Law Enforcement Officer such quarantine may be on the premises of the dog owner or at the Animal Shelter. In the case of stray animals whose ownership is not known, such quarantine shall be at the Animal Shelter. 6.3 Upon demand made by the By-Law Enforcement Officer, the dog owner or dog handler shall forthwith surrender any dog which has bitten a human or other animal, or which is suspected of having been exposed to rabies, for supervised quarantine, the actual costs of which shall be borne by the dog owner. The dog may be reclaimed by the dog owner if adjudged free of rabies, upon payment of the applicable costs and upon compliance with the licensing provisions of this By-Law. All costs charged to the dog owner or dog handler pursuant to this section shall not exceed the actual cost incurred in the administration and enforcement of this section. 7. DISEASE CONTROL 7.1 In the event of an outbreak or a threatened outbreak of rabies or any disease affecting animals which may be transmitted to humans, the Council may by resolution order and direct that all dogs shall be securely tied up by the dog owner or shall be otherwise effectively confined and prevented from running at large within the Reserve.
- 7 -7.2 When an animal under quarantine has been diagnosed as rabid, or suspected by a licensed veterinarian as being rabid, and dies while under such observation, the By-Law Enforcement Officer shall immediately send the head of such animal to the appropriate health department for pathological examination and shall notify the Medical Officer of reports of human contacts, as well as of the diagnosis made of the suspected animal. 7.3 During such period of rabies quarantine as herein mentioned, every animal bitten by an animal adjudged to be rabid, shall be forthwith destroyed, or at the owner's expense and option shall be treated for rabies infection by a licensed veterinarian or held under quarantine by the owner in the same manner as other animals are quarantined. 7.4 Except as herein provided, no person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies or any animal which has bitten a human, nor remove the same from the Reserve without written permission from the By- Law Enforcement Officer. 7.5 The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the By-Law Enforcement Officer. 7.6 The By-Law Enforcement Officer shall direct the disposition of any animal found to be infected with rabies, and shall report any such case of rabies to such persons and in the manner as may be identified in the Health o f Animals Act, S.C. 1990, c.21 and the Reportable Diseases Regulations, SOR/91-2, as amended. 7.7 When in the judgement of a licensed veterinarian an animal should be destroyed for humane reasons, such animal may not be reclaimed. 8. MISCELLANEOUS MATTERS 8.1 No wild animals may be kept within the Reserve except under such conditions as may be fixed by the Council, provided however, that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with such regulations as shall be established by the Council. 8.2 The By-Law Enforcement Officer is authorized to use a tranquilizer gun when deemed reasonably necessary by him to subdue any dog at large and to take such other reasonable measures as may be necessary to subdue such dog. 8.3 No person shall keep or harbour within the Reserve more than three (3) dogs of whatever sex and aged six (6) months or more, at one and the same time in any house, shelter, room or place within the Reserve. This section shall not apply to premises lawfully used for the care and treatment of dogs operated by and in charge of a licensed veterinarian, nor to any premises which with the written permission of the Council may be temporarily used for the purpose of a dog show, nor to any licensed kennel operator. 8.4 No action shall be taken against any person acting under the authority of this By-Law for damages for the destruction or other disposal of any animal.
- 8 -8.5 No person shall interfere with, hinder or molest any By-Law Enforcement Officer appointed to enforce the provisions of this By-Law, or in the performance of any duty of such By-Law Enforcement Officer. 9. PENALTIES 9.1 Any person who violates any of the provisions of this By-Law shall be guilty of an offence, and shall be liable on summary conviction of a fine not exceeding One Thousand ($1,000.00) Dollars or imprisonment for a term not exceeding thirty (30) days, or both, in addition to any other remedy or penalty available under the Indian Act. This By-Law was approved and passed by a majority of those members of the Council at a duly convened meeting of the Council of the Horse Lake First Nation Band of Indians this \ ° \ day of i_jt ___________, 2007, and is approved and passed in substitution for any previous bylaw of the same name. The quorum of the Council is members. Number of members of the Council present at the meeting: ____ . Chief Councillor * J ■- / 1-Councillor Councillor 985724 5
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