Swan Lake First Nation Dog 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-laws No 2-77 and No. 10-77 enacted on the 22nd day of August 1977

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

Swan Lake First Nation Dog 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), (d), (e), (q) 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 dog ownership, dog breeding, and the running of large dogs 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 wild and domesticated dogs 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 2-77 and By-law Number 10-77 on the 22nd day of August, 1977 and hereby wishes to repeal and replace the said By-laws Number 2-77 and By-law Number 10-77 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 Dog 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 apart 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 dogs 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 5 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 dogs on the reserve.

“at large” or “run at large” unless otherwise defined, means that a dog is not:

(a) either on its owner’s property or on the property with the consent of the owner or occupant;

(b) securely confined in a vehicle or other enclosure; or

(c) with someone competent to control it;

(d) as outlined in Section 19.

“Confined” means restricted to an area with no ability to escape.

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

“dangerous dog” means a dog that has been designated as dangerous by the Animal Care Officer. It must meet any one (1) or more of the conditions outlined in Section 27:

“dispose”, when referring to the disposing of a dog 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;

“destroy” or “destruction” means the euthanizing of a dog. (putting down)

“dog” means any dog, male or female and includes an animal that is a cross between a dog and a wolf, or dog and coyote;

“dwelling” means any house or outdoor structure;

“enclosure” means an enclosed area meant to contain a dog(s).

“First Nation” means the Swan Lake First Nation;

“keep” means to have temporary or permanent control or possession of a dog, or to shelter a dog on property on Swan Lake First Nation Land. (harbouring)

“kennel” means a shelter or enclosure used for the keeping, training, care, breeding, hospitalization or boarding of dogs, whether or not it is operated as a business.

“leash” means a rope, chain, cord, leather strip or other device attached to the collar or harness of a dog that is capable of controlling and restraining the activity of the dog such that the dog will conform to the requirements of this By-law

“muzzle” means to secure a dog’s mouth in such a fashion that it cannot bite;

“nuisance dog” means a dog that meets any one (1) or more of the following conditions:

(a) any dog that excessively barks, yelps, growls, or otherwise annoys or disturbs the peace of residents on the Reserve;

(b) any dog that has caused damage to property on Reserve or that has demonstrated a propensity, tendency, or disposition to do so;

(c) Any dog that has been seized at least three (3) times within the previous 12 months; or

(d) whose owner has received a fine because of the dog running at large a least three (3) times within the previous twelve (12) months.

“off leash area” means any area in Swan Lake First Nation that is not close to human habitation

“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 dog;

(b) has legal title to the dog;

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

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

“premises” means a building or part of a building or an area;

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

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

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

“Service dog” means an animal that has been trained to provide a service relating to a person’s disability;

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

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

APPLICATION

This By-law applies to all owners of dogs residing or visiting on the Swan Lake First Nation Reserves No. 7 and 7A.

PART 2 General Provisions

1. Owner care of Dogs: The owner of a dog that is in Swan Lake First Nation must ensure that the dog 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.

(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.

1. All dogs must have an adequate non studded collar with licence and rabies tags attached or provide documentation.
2. Every person who keeps an animal which normally resides outside a building, or which is kept outside unsupervised for extended periods of time, shall ensure the animal is provided with a shelter that meets the following criteria: provides protection from heat, cold and wet that is appropriate to the animal’s weight and type of coat. Such shelter must provide enough space to allow the animal to turn around freely and lie in a normal position.
3. Pens and run areas must be regularly cleaned and sanitized and feces (waste) removed and properly disposed of daily.
4. No person may chain or tie a dog to a fixed object using a choke collar, choke chain or a rope or cord that is tied directly around the animal’s neck.
5. Any dog that is fastened to a fixed object, must have a length of chain that allows freedom of movement for access to food and water, shelter and shade.
6. No person shall keep an animal in an unsanitary condition within Swan Lake First Nation. Conditions are considered unsanitary when keeping the dog or dogs results in an accumulation of fecal matter, odour, insect infestation or rodent attractants which endanger the health of the animal or any person.

Owner Responsibilities

1. Ensure that the dog does not run at large;
2. Ensure that the dog 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;
3. Ensure that the dog does not bark or howl excessively or otherwise unduly disturb the quiet of any individual;
4. Where the dog defecates on any property other than the property of the owner, cause the excrement to be removed immediately and disposed of in a sanitary manner;
5. Ensure that the dog does not damage public or private property belonging to someone other than the owner;
6. Ensure that the dog does not pursue any individual or animal;
7. Ensure that the dog does not bite, wound or otherwise injure any individual or animal;
8. Ensure that the dog is not in any of the following areas; school grounds, or any other area where dogs are prohibited by posted signs;
9. Ensure that the dog does not upset garbage cans and other waste receptacles, or scatter the contents of waste receptacles;
10. Ensure that a female dog that is in heat is confined on the owner’s property during the entire period that she is in heat;
11. Ensure that, if the dog is over the age of six months, it is sterilized unless a valid dog licence for an unsterilized dog has been issued for the dog.
12. When the dog is in an off-leash area, the owner of a dog must:

(a) be present and have the dog within view at all times;

(b) ensure that the dog is not in heat and that it does not act in a dangerous or aggressive manner towards humans or other dogs;

(c) remove the dog from the off-leash area immediately if the dog is in heat or acts in a dangerous or aggressive manner towards humans, other dogs or livestock;

(d) ensure that the dog comes when called; and

(e) have a leash available to restrain the dog if needed.

20. Mandatory Dog licence: if a dog over the age of four (4) months is in Swan Lake First Nation, its owner must ensure that the dog has a valid dog licence updated and paid for yearly. In order for the designated employee to issue a dog licence:

(a) the owner, who must be at least 18 years of age, must:

i. pay the licence fee and any other applicable fees;

ii. provide proof of a rabies vaccination in an acceptable form.

(b) A Valid licence tag must be worn by the dog. The owner of a dog must ensure that his or her dog wears a valid licence tag when the dog is not on the owner’s property.

1. Fee Schedule for dog licences is at the end of this By-law.

Part 3 – Care for dogs in need of protection

1. A written warning listing issues will be given to owners who have not followed the above General Provisions for dog care.
2. If the situation is not corrected within ten (10) days the Animal Care Officer is authorized to seize a dog whose owner is unable to provide it with proper care for any reason.
3. If the situation is deemed serious, the dog will be seized immediately. A written notice will then be issued afterwards.
4. The Animal Care Officer or a designated employee is authorized to release a dog referred to in Section (23 or 24) into the care of the owner’s family or friends or any other person he or she considers to be able and willing to care for the dog on the condition that the above care requirements have been met and upon payment of kennel fees – listed at the end of this By-law. If the dog is not redeemed within five (5) days, the Animal Control Officer is responsible for disposing of the dog.

PART 4 – DANGEROUS DOG DESIGNATION

1. The Animal Care Officer or the Council is authorized to designate a dog as dangerous if he or she concludes that the dog:

(a) Has caused significant harm or injury to individuals or animals

(b) any dog that demonstrates any ferocious, vicious, or aggressive behaviour;

(c) any dog that Council or the Animal Care Officer, upon reasonable and probable grounds, believes to be an aggressive or dangerous dog;

(d) any dog which has been the cause of a prosecution under this By-law within the previous six (6) months where a conviction against anybody has been entered concerning that specific dog;

(e) any dog which has bitten or otherwise attacked, or aggressively pursued or threatened, another animal or human without provocation; or

(f) any dog that has caused injury to a person or animal or has demonstrated a propensity, tendency or disposition to do so.

1. In making a dangerous dog designation on the basis of Section 26:

(a) the Animal Care Officer must take into account: any recent incident in which the dog has:

i. caused harm or injury to individuals or animals; or

ii. pursued or menaced individuals or animals.

(b) the nature or any incidents referred to in Subsection (a) including the seriousness of any harm or injury caused by the dog.

(c) all the circumstances of any incidents referred to in Subsection (a) and in particular, whether the dog was provoked; and

(d) the behaviour of the dog since the incident.

1. A dangerous dog must be muzzled and kept on a leash whenever it is in a public place.
2. On a dwelling property, a dangerous 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 prevent the entry of children.

Part 5 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 dog 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 dog to immediately upon demand and without hinderance, delay or obstruction, deliver the dog into his or her custody if it is running at large, a dangerous dog, a potentially dangerous dog, a nuisance dog, an unregistered dog, or a dog not bearing a collar or identification tag required under this By-law. 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. Animal Care Officers shall have the authority and the discretion to determine whether a dog is a dangerous dog and to change such designation at any time, for the purposes of this By-law.
6. The Animal Care Officer shall report to the Director of Operations.
7. Animal Care Officer may give notice if they deem this appropriate. The notice is recorded at the designated dog license department. Multiple notices (3) will be deemed a serious offence and will automatically result in seizure of the animal.

Part 6 REGISTRATION AND IDENTIFICATION OF DOGS

1. Every person or household keeping one (1) or more dogs on the Reserve shall register and ensure each dog is properly collared with an ownership identification tag and rabies tag placed around the neck of each dog.
2. The application for registration shall be filed the designated department and it will include:

(a) the applicant’s name;

(b) the applicant’s address or lot number;

(c) a description of the dog sought to be registered, including age, sex and name;

(d) the number of dogs in the household;

(e) a record that the dog is immunized against rabies, noting the date of such immunization, the name of the person immunizing the dog; and

(f) Whether the dog has been spayed or neutered.

1. The By-law Officer or designated person shall issue the licence tag upon registration and payment of the annual fee.
2. The registration will be valid for one (1) full year from the date of issue and must be renewed before the expiration date of the registration.
3. Animal Care Officers are authorized to demand from any person in possession of a dog the following:

(a) The name of the owner of the dog;

(b) The age, sex and breed of the dog;

(c) The number of dogs owned or kept by the person in possession of the dog, and the owner (if not the same person);

(d) The age, sex and breed or general description of any dog(s) owned by the person in possession of the dog, and the owner (if not the same person);

(e) Proof that a valid registration has been paid and obtained in respect of the dog, when paid and by whom;

(f) Production of the tag for the dog.

PART 7 GENERAL PROHIBITIONS

1. MAXIMUM NUMBER OF DOGS. No more than three (3) dogs over the age of four (4) months shall be kept in any household, or possessed in any dwelling or on any dwelling property;
2. The provisions of Section 40 shall not apply to dog litters, whereby the pups are under four (4) months of age or where a person has been expressly permitted by Council to operate a kennel.
3. No person shall establish or operate a kennel for the keeping, training, care, breeding, hospitalization, or boarding of dogs in or on any dwelling, or any other premises within the Reserve without obtaining a licence to do so.
4. Such establishment must have proper enclosures for dogs and may not keep dogs tied to fixed objects for long periods of time. Enclosures must have:

(a) A total area that is at least twice the length of the animal in all directions.

(b) Contains a house or shelter that will provide protection from heat, cold and wet that is appropriate to the animal’s weight and type of coat. Such shelter must provide sufficient space to allow the animal the ability to turn around freely and lie in a normal position.

1. No person shall inflict upon an animal acute suffering, serious injury or harm, or extreme anxiety or distress that significantly impairs its health or well-being.
2. No person shall raise dogs for fighting, or operate a dog fighting ring.

PROHIBITIONS WITHIN THE RESERVE

1. The Council may at any time prohibit the keeping of dogs within any area of the Reserve, including without limitation, specific housing on Reserve.
2. The Council may at any time prohibit an individual from keeping dogs for a period of three (3) years. This will be reviewed at the end of this time.
3. Notice of prohibition made by Council pursuant to Sections 46 and 47 shall be posted in the Band Office or may be contained within certain policy documents and after the date of such notice, no person shall keep or have a dog within the prohibited area.

SEIZURE, KENNELING AND RELEASE

49. The Animal Care Officer is authorized to capture and kennel a dog:

(a) that he or she finds running at large.

(b) if there is evidence that the dog has acted in a dangerous or aggressive manner toward humans or animals; and

(c) if he or she concludes that leaving the dog in the keeping of its owner could pose a danger to humans or animals.

(d) The dog is part of a dog fighting ring

1. If a dog being seized has a valid registration, the Animal Care Officer shall make every reasonable effort to notify the owner of a dog which has been seized.

51. The owner is entitled to redeem the dog on payment of fine, boarding fees if applicable, a licence if needed and submission of proof of a rabies vaccination. If the dog is not redeemed within five (5) days, the Animal Control Officer is responsible for disposing of the dog.

52. A dog seized and kenneled under subsection 49 (b) or 49 (c) is not eligible to be returned to the owner unless conditions are met and the Animal Care Officer and the Director of Operations have determined that the dog should not be designated as dangerous. A veterinarian’s certification may also be required.

53. Dogs seized under 49 d) aspart of a dog fighting ring may not be redeemed.

1. If, after a reasonable attempt to notify the owner , the dog has not been claimed by its owner and the costs incurred for the dog have been paid within (5) days of being seized, the dog may thereafter be humanely destroyed or otherwise disposed of.

54. The Animal Care Officer is authorized to capture and quarantine a dog:

(a) If he or she suspects that a dog has been exposed to rabies; or

(b) a dog bites or scratches an individual with its teeth so that the skin is broken, regardless of the circumstances of the bite or scratch, the Animal Care Officer is authorized to capture, impound and quarantine the dog at a veterinarian facility, at the owner’s expense for a period of 10 days at the owner’s expense or

(c) have the dog quarantined on the property of its owner if the Animal Care Officer determines that the dog will be securely held and will not leave the property. An owner who fails to ensure that the dog is securely held on the property or fails to ensure compliance with other conditions imposed by a designated employee commits an offence.

(d) If, during the quarantine period, it is determined to have rabies, the dog must be destroyed.

55. Where a dog is found to be diseased, an Animal Care Officer shall seize and quarantine the dog for such period of time as specified by a veterinarian and may ultimately destroy the dog upon the direction of a veterinarian with the provision of notice to the owner. During this time, the dog shall not be redeemable by its owner.

1. 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 Care Officer shall destroy the dog as soon after seizure as the officer thinks fit without permitting any person to reclaim or redeem the dog and no damages or compensation may be recovered on account of such action.
2. Subject to Section 54, the owner of a dog that has been seized under this By-law and that is eligible to be returned, the owner may redeem the dog if he or she can demonstrate to the satisfaction of the Animal Care Officer that he or she is the owner of the dog.
3. In order to redeem a seized dog that is eligible to be returned, its owner must;

(a) Pay all applicable fines and expenses incurred, including costs for securing, caring for and feeding the dog;

(b) Have the dog immunized at the owner’s expense, as required; and

(c) If the dog requires a registration, obtain registration for the dog.

1. If a dog is seized because it has attacked an animal or person without provocation, the Animal Care Officer shall seize and kennel the dog for such a period of time as specified by a veterinarian and ultimately destroy the dog upon the direction of a veterinarian and the provisions of notice to the owner. During this time the dog shall not be returned to its owner.
2. An Animal Care Officer may seize a dog pending a determination as to whether the dog should be designated a dangerous dog or may impose conditions on the dog’s owner designed to minimize any threat posed by the dog pending a determination of a dangerous dog designation or the destruction of an exceptionally dangerous dog or both.
3. Where an Animal Care Officer or the Council has determined that a dog seized according to this By-law should neither be designated as dangerous nor destroyed as exceptionally dangerous, the dog is eligible to be returned to its owner subject to Section 58.
4. A written report of each such incident described in this section shall be filed with the Council by the Animal Care Officer.

DESTRUCTION OF DOGS

1. For the purposes of this By-law, “destroy” and “destruction” refer to the euthanizing of a dog.
2. Where the Animal Care Officer after reasonable effort, is unable to seize a dog that is:

(a) running at large contrary to the provisions of this By-law; and

(b) is in the act of pursuing, attacking, injuring, killing or damaging:

i. a person

ii. personal or real property; or

iii. another animal, including domestic livestock,

The Animal Care Officer may destroy the dog without prior notice to the owner.

1. An Animal Care Officer who must destroy or cause to be destroyed a dog, pursuant to Section 64, shall immediately report the incident to the Director of Operations and notify the dog’s owner, where possible.
2. Where it has been determined that a dog seized under this By-law should be destroyed as being exceptionally dangerous, the Animal Care Officer may ultimately destroy the dog with provision of notice to the owner. During this time the dog shall not be redeemable by its owner.
3. A written report of each such incident, as described in this section shall be filed with the Director of Operations by the Animal Care Officer.
4. No damages or compensation may be recovered by an owner as a result of the destruction of a dog by the Animal Care Officer pursuant to Sections 64 to 66.

FEES

1. Every person owning a dog shall be and remain liable for cost of care, any fines, penalties and fees imposed by this by-law in relation to the dog while owned by him or her. If that person at any time ceases to own the dog or does not reclaim or redeem the dog, they should report it to the designated person or Animal Care Officer.
2. Should a court of competent jurisdiction determine that a provision of this By-law is invalid for any reason, the provision shall be severed from this By-law and the validity of the rest of the By-law shall not be affected.

REPEAL

1. By-law number 2-277 and By- law number 10-77 enacted on the 22^nd day of August 1977, and being a Bylaw to regulate the care and control of dogs on the reserve, be and the same are hereby repealed.

THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Band this ___ day of ___, 20 ___.

Voting in favour of the By-law are the following members of the Council.

Signing Authority

Being the majority of those members of the Council of the Band present at the aforesaid meeting of Council.

The quorum of the Council is ___ members.

Number of members of the Council present at the meeting. __