Contenu de la décision
By-law No. 6 Being a By-law Respecting the Care and Control of Animals on the Reserve. Enacted on the 15th day December o f 2006 WHEREAS section 81, paragraph (a), (d), (e), (q) and (r), o f the Indian Act empower the Council o f an Indian Band to pass by-laws to provide for the health o f residents on the reserve, the prevention o f nuisances, the protection against and the prevention o f trespass by domestic animals, in addition to, 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 of any such by-law; AND W HEREAS the Council o f the Duncan First Nation Band 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 Duncan First Nation Band enacts this Animal Control By-law Number 6, as follows: PART I-GENERAL SHORT TITLE 1. This by-law may be cited as the " Duncan First Nation Reserve Animal Control By law". INTERPRETATION 2. In this by-law "animal" means a dog, or a cat; "animal control officer"-means an animal control officer, appointed pursuant to section 3, or any by-law enforcement officer, including a police officer or a person employed by the band council for the purpose o f enforcing the provisions o f this by-law. "animal register" means the register kept by the animal control officer for the purpose o f the registration o f all dogs and cats on the reserve. "band" means the Band, as defined by Section 2 o f the Indian Act; "cat" means any cat, male or female;
- 2 -"council" means the Council o f the 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 fully or semi-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 o f health” means the medical officer o f health so appointed by band council resolution; "muzzle" means to secure a dog's mouth in such a fashion that it cannot bite anything; "owner" o f 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 o ff the premises o f the owner and not muzzled or under the control o f any person; "reserve" means the Indian Reserves N o.l51A and No. 151K. "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 o f a prosecution under this 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 o f all dogs and cats residing or visiting on the Reserves No. 151A and No. 15 IK PART II -ADM INISTRATION
- 3-ANIMAL CONTROL OFFICER 4. (1) The Council may appoint, by band council resolution, an animal control officer to provide for the administration and enforcement o f this by-law and more specifically to receive registrations and to issue identification tags under this by-law. (2) The Council may, in the band council resolution, provide for reasonable remuneration to be paid to the animal control officer. REGISTRATION AND IDENTIFICATION OF ANIMALS 5 . (1) Every person keeping one or more dogs, or cats on the reserve shall register and have an identification tag placed around the neck o f each animal. (2) The application for registration and identification tag shall be filed with the animal control officer and it will include: (a) the applicant’s name; (b) the applicant’s address or lot number; (c) a description o f the dog or cat sought to be registered, including age, sex, name and breed if known; (d) the number o f animals in the household; (e) a record that the animal is immunized against rabies, noting the date o f such immunization, the name o f the person immunizing the animal, including the manufacturer’s name o f the vaccine and its batch number; and (f) any other information deemed by the animal control officer to be necessary for the proper administration o f the by-law. 6. The charge for registration and identification tags shall be $ 25.00 dollars per year. 7. The animal control officer shall issue the licence tag upon registration and payment o f the annual fee and, i f necessary, proof that the animal has been immunized against rabies. 8. The licence tag shall be securely attached to the collar or harness o f the animal at all times. I 9 s . s T ua h n e c r e e . gistration and identification tag will be valid for one full year from the date o f
- 4 -IM MUNIZATION OF ANIM ALS 10. All animals on the reserve must be immunized in accordance with generally accepted veterinary standards. 11. The owner o f any animal exposed to rabies shall, on demand by the band council, surrender such animal 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 without the written permission of the medical officer o f health. 12. Upon demand o f the band council, the owner o f any animal shall forthwith surrender to the animal control officer any animal which has bitten any person or which has been exposed to rabies to be held in quarantine at the discretion o f the medical health officer. 13. Any animal found to be infected with rabies shall be destroyed by its owner or by the animal control officer at the owner's expense. LIMITATION ON ANIM ALS PER DWELLING 14. (1) No more than two (2) dogs and/or cats shall be kept, harboured or possessed in any dwelling; (2) The provisions o f subsection (15)(1) shall not apply to dog or cat litters, whereby the pups or kittens are under four (4) months o f age. GENERAL PROHIBITIONS 15. (1) Subject to subsection (2), every owner o f 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 15( 1) i f 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 o f hunting; or (c) is being used by a person to work in a lawful manner with sheep or cattle; or (d) 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.
- 5-(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 the possession o f the owner at all times, upon any property on the reserve, is guilty o f an offence. (5) The owner o f a dog which causes damage to any property including moveable property lawns, flower gardens, flower beds, bushes or plants, or other parts o f property, is guilty o f an offence. (6) 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. 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. PROHIBITIONS W ITH IN SPECIFIC AREAS OF THE RESERVE (1) The Council may at any time prohibit the keeping o f 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 o f the posting o f 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 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. Vicious Dogs 20. p A u n b y li o c n . e owning a vicious dog or aggressive dog must post a clearly visible sign notifying the 21. At all times, a vicious dog must be muzzled and kept on a leash whenever it is in a public place.
- 6 -22. 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 23. (1) No owner shall permit 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 otherwise disposed of, unless in the meantime such animal has been claimed by its owner and the costs incurred for the impounding o f the animal have been paid. 24. (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 the 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 o f 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 o f the dog within five (5) days after the date o f 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. (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 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 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 o f such veterinary care shall be a charge against the owner o f the animal.
- 7-(6) Whereby, a dog is seized which is injured or should be destroyed without delay for humane reasons or for reasons o f health or safety to persons or animals, the animal control officer shall destroy the 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 o f 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 o f each such incident, as described in this section, shall be filed with the band council by the animal control officer. ANIMAL DESTRO YED IF UNABLE TO SEIZE 25. (1) Where the animal control officer, after reasonable effort, is unable to seize a dog that is running at large, contrary to the provisions o f this by-law, the officer may destroy the dog. (2) No damages or compensation may be recovered as a result o f the destruction o f a dog by the animal control officer pursuant to subsection (1). PROTECTION FRO M VICIOUS DOGS 26. (1) A person or animal control officer may kill, i f 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 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 person or animal control officer who is required to do so pursuant to section 26(1).
- 8-PENALTY 27. 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 $1,000) or to imprisonment for a term o f 30 days, or to both a fine and imprisonment. 28. Should a court determine that a provision o f this by-law is invalid for any reason, the provision shall be severed from the by-law and the validity o f the rest o f the by-law shall not be affected. 29. This by-law comes into force 40 days after the date o f mailing to theMinister o f Indian Affairs and Northern Development as required pursuant to section 82 o f the Indian Act. THIS BY-LAW IS HEREBY made at a duly convened meeting o f the Council o f the Band th is / 3 ^ a y o f December, 2006. being the majority o f those members o f the Council o f the Band present at the aforesaid meeting o f the Council. The quorum o f the Council is Two (2) members. Number o f members o f the Council present at the meeting: 7^ I, Chief/Councillor o f the Band, do hereby certify that a true copy o f the foregoing by-law was mailed to the Minister o f Indian Affairs and Northern Development at the office o f the department pursuant to subsection 82(1) o f the Indian Act, this/-^clay o f December, 2006. (Witness) (Chief/Councillor).
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.