Swan Lake First Nation Cat Care and Owner Responsibility By Law

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Swan Lake First Nation Cat Care and Owner Responsibility By Law

Elizabeth Maxson June 23, 2020 0 Comments

Swan Lake First Nation Cat Care and Owner Responsibility By Law

Swan Lake First Nation By-law [INSERT NUMBER]

Enacted on ——-

Being a By-law to repeal and replace By-law No 3-77 enacted on the 22nd day of August 1977

A By-law of the SWAN LAKE FIRST NATION to regulate the care of cats and responsibilities of cat owners on Swan Lake First Nation Reserve Lands.

Swan Lake First Nation Cat Care and Owner Responsibility By Law

WHEREAS Swan Lake First Nation has the inherent right to self-government and this jurisdiction has never been ceded to any other governments,

AND WHEREAS Section 81, paragraphs (a) and (r) of the Indian Act, R.S.C., 1985k c 1-5 statutorily empowers the Council of a First Nation 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:

AND WHEREAS the Council of the Swan Lake First Nation recognizes its responsibility to provide a safe and healthy Community and is of the opinion that uncontrolled or irresponsible cat ownership, cat breeding, may be detrimental to the safety, welfare and health of the residents on the Swan Lake First Nation Reserve Lands, and a nuisance to such residents;

AND WHEREAS Council has deemed it expedient to provide for the regulation and control of felines within the Swan Lake First Nation Reserve Lands, their activities and the activities of their owners;

AND WHEREAS the Council of the First Nation did enact By-law Number 3-77 on the 22nd day of August, 1977 and hereby wishes to repeal and replace the said By-laws Number 3-77 with this By-law;

NOW THEREFORE the Council of Swan Lake First Nation enacts By-law, Number __, as follows

PART 1-General

SHORT TITLE

  1. This by-law may be cited as the “Swan Lake First Nation Cat Care and Owner Responsibility By Law”

Animals, in our Indigenous culture, are viewed with great spiritual significance.

The animal world teaches us how to live close to the earth.

We are all a part of Mother Earth, the land, plants, animals, seasons and cycles of Nature.

Based on traditional teachings, our way of life has taught us to respect all living things.

This By-Law ensures that cats who live very close to us, are cared for in a respectful manner.

INTERPRETATION

  1. In this By-law, unless context otherwise requires:

“Animal Care Officer” means any enforcement officer, appointed according to Part 4 of this By-law, for the enforcement of this By-law, including:

(a) a designated employee of the First Nation who has been appointed animal care officer with authority to enforce all or part of this By-law;

(b) a police officer or

(c) any other person who has been appointed animal care officer authorized to enforce this By-Law;

“Animal Register” means the register kept by a designated person for the purpose of the registration of all animals on the reserve.

“Cat” means any feline male or female over the age of three (3) months;

“Council” means the Council of the Swan Lake First Nation;

“dispose”, when referring to the disposing of a cat to which this By-law applies, includes:

(a) adopting the animal out to an individual in accordance with policies developed or approved by Council; (new owner)

(b) releasing the animal to the care of an animal rescue organization; and/or

(c) humanely euthanizing the animal;

(d) proper burial/disposal of dead animals;

“First Nation” means the Swan Lake First Nation;

“Kitten” means all cats under the age of 90 days;

“Owner” means a person who is over eighteen (18) years of age who:

(a) has been identified on the animal’s license/tag/registry as the owner of the cat;

(b) has legal title to the cat;

(c) has possession or custody of the cat, whether temporarily or permanently; or

keeps the cat, or allows the animal to remain in or on his or her premises;

“Premises of the owner” includes the premises where a cat is habitually kept or fed;

“Reserve” means the Swan Lake First Nation Reserve(s) No. 7 and 7A.

“Seize” means to take a cat to the pound or into the custody of an Animal Care Officer as authorized by the By-law, (impound)

“Sterilized” in relation to a cat means a male cat that has been neutered or a female cat that has been spayed;

“Veterinarian” means a currently licensed member of the Manitoba Veterinary Medical Association.

PART 1 General Provisions

3. Owner care of cats: The owner of a cat that is in Swan Lake First Nation must ensure that the cat is cared for in a responsible manner which includes:

(a) Clean, fresh drinking water available and suitable food of sufficient quantity and quality to allow for normal, healthy growth and maintenance of normal, healthy body weight;

(b) Food and water containers kept clean and disinfected and located so as to avoid contamination by excreta which should include the cat litter box;

(c) The opportunity for periodic exercise sufficient to maintain good health, including the opportunity to be unfettered from a fixed area and exercised regularly under appropriate control;

(d) Necessary veterinary medical care when the animal exhibits signs of pain, illness or suffering;

PART 2 Owner’s Responsibilities

4. Subject to this section, the owner of a cat that is in Swan Lake First Nation must

  1. ensure that the cat has been vaccinated for rabies and, where requested to do so by the Animal Care Officer or designated person, provide a certificate of vaccination demonstrating this fact;
  2. ensure that, if the cat is over the age of six months, it is sterilized;
  3. ensure that the cat does not run at large;
  4. Ensure that all cats are registered with the Animal Register or designated person;
  5. No license shall be required on any cat;

PART 3 Special Restriction

  1. For the purpose of this section, not more than __ cats shall be kept in or around any household or dwelling on Swan Lake First Nation.
  2. A female cat in heat shall be confined and housed in the residence of the owner or person having control of the cat for the period of time that she is in heat.
  3. The owner of a cat that has had a litter of kittens may keep the kittens with the female cat for a period of 90 days for the purpose of weaning the kittens and rehoming.
  4. No person shall ill treat or neglect their feline.
  5. Any cat that is suspected to have an infectious ailment shall be treated or destroyed.

Part 4 ANIMAL CARE OFFICER

  1. The Director of Operations on advice of Council may appoint or hire an Animal Care Officer to provide for the administration and enforcement of this By-law.
  2. Reasonable remuneration shall be paid to the Animal Care Officer.
  3. Animal Care Officers are authorized to enter at all reasonable times upon property subject to the provisions of this By-law in order to ascertain whether the provisions are being obeyed and seize any cat whose owners are violating this By-law.
  4. Under this By-law, Animal Care Officers are authorized to require any person in possession of a cat to immediately upon demand and without hinderance, delay or obstruction, deliver the cat into his or her custody if it is running at large, If a person fails to comply with this section, he or she shall be guilty of an offence and subject to the penalties provided for in this By-law.
  5. The Animal Care Officer shall report to the Director of Operations.
  6. Animal Care Officer may give notice if they deem this appropriate. Multiple notices (3) will be deemed a serious offence and will automatically result in seizure of the animal.