BY-LAW #2004-01
A BY-LAW R E SPE C T IN G TH E CARE AND C O N TRO L O F ANIM ALS ON
TH E RESERV E
P IC M O BERT FIR ST N A TIO N
P A R T I-G E N E R A L
S hort T itle
This by-law may be cited as the “Pic M obert F irst N ation A nim al C ontrol
By-Law ”.
In terp re tatio n
2.0
In this by-law;
“BAND” means the Pic M obert First N ation
“CO U N CIL” means the Council o f Pic M obert First N ation
“ANIM AL” means a dog, cat, or any other domestic animal
“CAT” means any cat, male or female
“D O G ” means any dog, male or female and includes an animal that is a cross
between a dog and a w olf
“D W ELLIN G ” means each single unit home being a fully or semi-detached
building, or m ultiple unit dwelling, an apartm ent home or any building used or
intended to be used or intended to be used for human habitation and in which
normal domestic functions may be carried on
“M U ZZLE” m eans to secure a dog’s mouth in such a fashion that it cannot
bite anything
“O W N ER” o f an animal includes a person who possesses or harbors an
animal, and the term s “owns” and “owned” have a corresponding meaning
“AT LA RG E” or “RUNNING AT LA R G E” means o ff the prem ises o f the
owner and not m uzzled or under the control o f any person
“PEA C E O F F IC E R ” means any police officer, police constable, peace
keeper, or other person charged with the duty to preserve and m aintain the
public peace, and a by-law enforcement officer or any other person appointed
by the Council for the purpose o f m aintaining law and order on the First N ation
“V ICIO U S D O G ” includes any dog that dem onstrates any ferocious, vicious,
or aggressive behavior any dog that a peace officer, upon reasonable and
probable grounds believes to be a vicious dog any dog which has been the
cause o f a prosecution under this by-law w ithin the previous six (6) months
where a conviction against anybody had been entered concerning that specific
dog any dog w hich has bitten another animal or human w ith provocation
“K ENN EL”means any building, pen or other structure, other than a dwelling
used for the keeping o f dogs that are registered or eligible for registration w ith
an association incorporated under the Animal Pedigree A ct
“BOARDING K EN N EL” means any building, pen or other structure, other
than a dwelling, used for the temporary keeping o f dogs for gain
“GUIDE D O G ” means a registered guide dog used for the purpose o f aiding
persons w ith a sight or hearing impairment
A PPLIC A TIO N
3.0 This by-law applies to all owners o f domestic animal residing or visiting on the
Pic M obert First Nation.
PA R T II - A D M IN ISTRA TIO N
L im itation on A nim als P e r D w elling
4.0 No more than two (2) domestic anim als shall be kept, harbored or possessed
in any dwelling, except as authorized by a Band Council Resolution
4.1 The provisions o f Subsection 6.1 shall not apply to dog or cat litters, whereby
die pups or kittens are under four (4) months o f age.
G eneral P rohibitions
5.0
Subject to Subsection 2, every owner o f a dog shall keep the dog safely
tethered or penned up at all times.
5.1 A dog need not be tethered or penned up a provided in subsection 15.1 if the
dog:
is held on a leash by a person capable o f restraining the dogs movements
is being used by a person for the purpose o f hunting
or is used by a visually impaired person as a guide dog
5.2 No owner shall allow a female animal in heat to rem ain in any public place
unless the animal is attached to a leash and is accompanied by and is under the
observation and control o f the owner or his agent
5.3
The owner o f an animal who fails to take all necessary measures to ensure that
such a dog is under control or supervision or in the possession o f the owner at all
tim es, upon any property on the First Nation, is guilty o f an offence.
5.4 The owner o f a dog w hich causes damage to any property including moveable
property, garbage containers, lawns, flower gardens, flower beds, bushes or plants or
other parts o f property, is guilty o f an offence.
5.5 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.
5.6 No owner shall possess more than two dogs at any one tim e except in the case
o f a dog giving birth to puppies, in which case the puppies m ust be dispersed w ithin
four (4) months o f the birth.
6.0 No owner shall allow his dog to remain unfed or w ithout w ater whereby is
either amounts to cruelty or causes the dog to become a nuisance.
7.0 No person shall punish or abuse a dog in a manner which is cruel or
unnecessary.
8.0 No owner shall perm it a dog to bark, yelp, growl or otherwise annoy or disturb
the peace o f residents on the First Nation.
Vicious Dogs
9.0
Anyone owning a vicious dog or aggressive dog m ust post a clearly visible
sign notifying the public.
10.0 A t all tim es, a vicious dog must be muzzled and kept on a leash whenever it is
in a public place.
11.0 On private property, a vicious dog shall be kept on a secure leash or in a
restricted area w hich shall be constructed so as to prevent any escape by the
dog and/or to prevent the entry o f children.
12.0 No owner shall perm it a dog to be at large on the First N ation
12.1 Where a dog is found to be running at large the officer shall make
reasonable attem pts to notify the owner. Should the owner not be
located the officer shall make a w ritten record o f the incident for future
explanation.
12.2 W hereby, a dog is seized which is injured or should be destroyed
w ithout delay for health and safety o f persons or animals, the peace
officer shall destroy the dog as soon after seizure as the officer thinks fit
w ithout perm itting any person to reclaim the animals and no damages or
com pensation may be recovered on account o f such action.
A nim al D estroyed if U nable to Seize
13.0 Where the peace 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.
13.1 No damages or com pensation my be recovered as a result o f the
destruction o f a dog by the peace officer pursuant to subsection.
P rotection from Vicions Dogs
14.0 A peace officer may kill, if necessary, a vicious dog w hich 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
d.
domestic livestock
14.1 A peace officer who m ust kill a vicious dog, shall notify the dog’s
owner.
14.2 No damages or compensation may be recovered as a result o f killing a
dog by a peace officer who is required to do so pursuant to section 13.0
15.0 Every person being the owner o f a dog which exceeds the age o f six
(6) months shall;
Annually on or before the 3 1st day o f January in each year;
or
Forthw ith upon the dog having passed the age o f six (6)
months, or w ithin forty eight (48) hours o f becom ing the owner o f a
dog, the age o f which exceeds six (6) months, cause such dog to be
registered, numbered, described, and licenced in the office o f the Pic
M obert First N ation Band, or at such other location as the Band may
from time to tim e designate.
16.0 Every person being the owner o f a dog which is over file age o f six (6) months
shall pay to the Pic M obert First Nation Band for the licence required under
Section 15 an annual licence fee as indicated in Schedule “A” attached.
17.0 Every person being a dog owner, on payment o f the required licence fee shall
be furnished by the Band o f Pic M obert First N ation w ith a dog tag bearing die
name o f the Band, the Current Year, and a Serial Number.
18.0 Every person being the owner o f a dog furnished w ith a dog tag under Section
17 shall keep the tag securely fixed on the said dog at all tim es until such time
as the tag is renewed or replaced.
19.0 Every person being the ow ner o f a dog for w hich a tag was issued under die
provisions o f this By-law shall immediately upon losing th e said tag m ake
application to the Band for a replacem ent tag and pay a replacem ent fee as
indicated in Schedule “A” attached.
K ennel
20.0 Every person being the owner and/or operator o f a Kennel or Boarding Kennel,
not including a V eterinary Clinic, shall annually on or before the 31st day o f
January, make application to the Pic M obert First N ation for a Kennel Licence
and “upon approval” pay such fee as indicated in Schedule “A” attached.
21.0 Every person making an application under Section 20 shall have all buildings,
structures and pens used in the operation o f the said Kennel inspected and
approved by the Proper Standards Officer.
22.0 No person shall operate a Kennel or Boarding Kennel w ithin the Pic M obert
First Nation w ithout the benefit o f an approved licence issued under the
provisions o f this By-Law.
23.0 Section 15 and Section 16 shall not apply to a person assisted by a Registered
Guide Dog.
24.0 Every person who contravenes any o f these provisions o f this By-Law is guilty
o f an offence and is liable on a summary conviction to a fine o f not more than
$1000.00
A PPEN D IX “B”
IT E M
C olum n 1
C olum n 2
1
Fail to register dog
2
Fail to fix tag to dog
Section 18
3
Fail to Replace lost tag
Section 19
4
Fail to Licence Kennel
Section 20
5
Operate Unlicenced Kennel
Section 22
6
Keep more than two(2) dogs
Section 4(1)
7
Fail to keep dog Tethered
Section 5(1)
8
Fail to remove Excrement
Section 8
9
Perm it/cause to Perm it dog to
run at large
10
Owner, Fail to (leash)
(control) dog. W ith defined
area
Section 10
11
Owner, perm it a do, to bark,
yelp
Section 5(8)
Section 15(a)(b)
Section 12(1)
SCH EDU LE “A”
TH E P IC M O B ER T FIR ST N A TION
Bv-Law No. 2004-01
Dog Licence Fees:
(1.) For the first dog (male, neutered male, spayed female)
(2.) For each additional dog
(3.) For Female dog
(4.) For the Replacem ent o f lost tags
$10.00
$5.00
$15.00
$5.00
PIC M OBERT FIRST NATION
BAND COUNCIL RESOLUTION
Chronological N o. 2004-34
File R eference
Note: The works “From our Band Funds”, “Capital” or “Revenue”, which ever is the case, must appear in all resolutions
requesting expenditures from Band Funds.
THE COUNCIL OF THE PIC M OBERT FIRST NATION
AGENCY
DISTRICT:
W ESTERN
PROVINCE:
ONTARIO
PLACE:
PIC M OBERT FIRST NATION
DATE:
29th DAY OF NOVEM BER, 2004.
W HEREAS:
1.
Section 31, paragraphs (a),(d),(e),(q), and r) o f the Indian A ct empower the C hief and
Council o f an Indian Band to pass by-laws to provide for the health o f residents o f the
reserve, the prevention o f nuisances, the protection against and the protection o f trespass by
dom estic anim als, in addition to, m atters arising out o f or ancillary to the exercise o f pow ers
under this section, and the im position o f a penalty for the violation o f any such by-law;
2.
The C hief and Council o f the Pic M obert First N ation is o f the opinion that the uncontrolled
ownership, breeding, and running at large o f anim als may be detrim ental to the health o f the
residents on the reserve, and a nuisance to such residents;
THEREFORE LET IT BE RESOLVED:
1.
The C hief and Council o f the Pic M obert First N ation enacts this by-law as attached.
A Quorum for this Band consists o f 5 Council M embers:
.wissrwa
ouncilorJam es K w issiw a
Councilor Stanley Sabourin
1
Councilor Cheryl M cW atch