Nuxalk Nation Animal Care and Control Bylaw

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Snuwats’lt

This is the name of the mother of dogs.

She was a Chief's daughter that got pregnant by a dog and had 5 pups.

Later her 4 male pups became human after their mother burned their dog cloaks.

They grew up to become great Chiefs.

And the sister dog would hunt for them, and her descendants became the dogs of the nation.

This Smayusta comes from the Ista county on our King Island.

Nuxalk Nation Animal Care and Control Bylaw

20240430

This is a living document until such a time as all information requested has been added to the satisfaction and agreement of the Nuxalk Nation Chief and Council

PRINCIPLES

A Law for the provision of protection and Control of domestic Animals within Nuxalk Territories

WHEREAS

A. We as Nuxalkmc people inherited rights and responsibilities to inhabit and steward Nuxalk Territories from our ancestors who have instilled deeply rooted values about respect for all living things;

B. We, as Nuxalkmc, function as a whole in accordance with our traditional Laws;

C. Our Chief and Council are authorized to pass various Laws relating to lands, including Laws relating to Animal Care and Control; and

Nuxalk Chief and Council have the authority and obligation to provide for the safety and well-being of our community, including the safety and well-being and treatment of Animals on Nuxalk territory,

NOW THEREFORE BE IT RESOLVED THAT THE Nuxalk Animal Care and Control Law, 2024 (the “Law”) is hereby enacted as a Law of The Nuxalkmc.

NAME

2.1 This Law may be cited as the Nuxalk Animal Protection and Control Law (NACCL).

PURPOSE AND APPLICATION

Purpose

3.1 The purpose of this Law is to provide for the safety, well-being and Control of the Animals, and the protection of all Persons on Nuxalk Territories.

Application

3.2 The provisions of this Law apply to all Nuxalk Territories

Authority

3.3 Authority

A) The Nuxalk Nation Chief and Council are responsible for implementing this Law and will have all powers necessary to give effect to this Law.

B) From time to time, The Nuxalk Nation Chief and Council may contract, or may direct a member of the Nuxalk Nation to contract, with enforcement and Animal protection services, including but not limited to: the BC Society for the Prevention of Cruelty to Animals (BCSPCA), or other related Provincial and Federal Institutions, as well as various Rescue Societies to enforce this Law and take custody of Animals (or their Owners) whose conduct violates this Law. The Nuxalk Nation Chief and Council may also delegate any part of its authority under this Law to other Persons.

C) If this authority is delegated, the delegated Person may from time to time, refer to The Nuxalk Nation Chief and Council for guidance and advice on the implementation of this Law.

Non-Derogation

3.4 No provisions of this Law, or any communications, negotiation or engagements carried out pursuant to it, does, or may be deemed to, prejudice, limit, abrogate or derogate from any of The Nuxalk Nations Indigenous Title, Rights or interests.

DEFINITIONS & INTERPRETATION

4.1 In this Law, the following definitions apply; unless the context does not permit, these words have the following meaning:

“Aggressive Animal” means an Animal that meets any one or more of the following conditions:

A) an Animal that has, with or without provocation, attacked, bitten or caused injury to a Person or has demonstrated a propensity, tendency or disposition to do so;

B) and Animal that, while running at large, has bitten, killed or caused injury to a domestic Animal;

C) An Animal that, while running at large, has aggressively pursued or harassed a Person, a vehicle, or domestic Animal;

D) an Animal owned or harbored primarily, or in part, for the purpose of fighting or an Animal trained for fighting;

E) a dangerous Animal;

F) an Animal that has been found to be dangerous or aggressive by the Animal Control Officer or designate under this Law, or by another local government or by a court;

“Allocated Lands” means:

A)” Certificate of Possession” means an interest in Nuxalk Land approved, created, granted or issued pursuant to the Indian Act, and approved, created, designated or issued; and

B) “Use and Occupancy” means a member has the right to use and occupy Nuxalk Land for residential purposes but does not include to that land;

“Altered Animal” means an Animal that has been spayed or neutered;

“Animal” means any member of the Animal kingdom, other than a human. This includes furbearing Animals, Exotic Animals, household Pets (domestic and companion Animals), Poultry, Livestock and Wildlife.

“Animal Control Officer” means a Person appointed or engaged by The Nuxalk Nation Chief and Council to administer and/or enforce the provisions of this Law, Officers of the Royal Canadian Mounted Police (RCMP) and any special Provincial Constable of the SPCA;

“Animal Health” means good condition and freedom from illness and injury. Veterinary examination, vaccination, sterilization, and deworming are examples of Animal healthcare. Animal health is a component of Animal Welfare and a healthy community;

“Assistance Dog” means a dog specifically trained to assist a Person with disabilities in the performance of daily activities;

“At Large” means an Animal, that is on Nuxalk community lands or allocated lands, other than the premises of the Owner of the Animal, while not contained or on a leash under the direct and continuous Control by a responsible Person;

“Council” means the elected Nuxalk Nation Chief and Council;

“Dangerous Animal” means any Animal that:

A) according to records the Nuxalk Community has killed or seriously injured a Person;

B) has killed or seriously injured a domestic Animal;

C) an Animal Control Officer has reasonable grounds to believe is likely to kill or seriously injure a Person, or

D) While on Nuxalk Community Territories, or allocated lands, other than property occupied by the Person responsible for the Animal, has killed or seriously injured a domestic Animal;

“Domestic Animal” means an Animal that has been sufficiently tamed or kept to serve some purpose for the use of people;

“Dog” means any Animal of the canine species and, for the purpose of dog licensing pursuant to Sections 1-15 of this Law, excludes any dog under the age of four (4) months;

“Dog Enclosure” means a structure that satisfies each of the following criteria:

A) is comprised of wire or steel mesh, designed to prevent the entry of children or the escape of a dog;

B) is of at least 1.5m in height;

C) has a self-closing gate that can be locked;

D) forms a confined area with no sides in common with a perimeter fence;

E) is sufficient for the health and safety of such Animal(s);

F) has a concrete floor, or has sides which are embedded no less than 60cm into the ground would be preferred;

“Enclosure” means a house, building, fenced area or structure in which one(1) or more Animal(s) is/are kept that:

A) is sufficient for the health and safety of such Animal(s);

B) prevents the entry of unauthorized Persons and Children; and

C) prevents the escape of the Animal(s);

“Exotic Animal” means any Animal listed in Schedule D of this Law, whether bred in the wild or in captivity, and includes any hybrid of such Animals with a domesticated species;

“Household” means:

A) a single-family dwelling;

B) a unit in a duplex;

C) a unit in a triplex;

D) a unit in a fourplex;

E) other Nuxalk rental property;

F) individually owned home;

“Human Destruction: or “Humanely Destroy” refers to when, under the supervision of an Animal Control Officer, an Animal is euthanized without pain, suffering or distress;

“Feral Dog” means a dog that has not interacted with humans for the majority of its life, especially during the critical puppy development phases;

“Impound” means the seizing or capturing of an Animal by an Animal Control Officer;

“Leash” means a chain, rope, cord or strap by which an Animal may be lead or Controlled;

“License Year” means the period of April 1 to March 31 in any given year;

“Livestock” means cattle and other Animals of the bovine species, horses, donkeys, mules, emus, llamas, ostrich, swine, sheep or goats;

“Member” means a Person whose name is shown on the Nuxalk Nation Membership List

“Nuisance Animal” means an Animal that is Ownerless, running at large, is not in continuous charge of a competent Person, is creating disturbance, or is foraging through garbage containers; that includes any dog;

A) that has been impounded 3 times within the previous 12 months

B) for which the Owner of the dog has been found liable for 3 or more tickets issued by an Animal Control Officer within the previous 12 months; or

C) for which the total number of impounds and tickets for which they have been found liable, totals 3 within the previous 12 months;

“Owner” means any Person older than eighteen (18) years of age:

A) to whom a License for a dog has been issued pursuant to this Law;

B) who owns, is in possession of, or has the care or Control of any Animal; or who harbors, shelters, permits or allows any Animal to remain on or about the Owner’s land or premises;

“Pet” means any common domesticated Animal other than Exotic Animals, Wildlife, Livestock or Poultry kept within a residence or on real property;

“Responsible Person” or “Person Responsible” means, in relation to any Animal, a Person who:

A) is the Owner of such Animal; or

B) is keeping, harboring, or sheltering such Animal;

“Seize” includes impound and detain;

“Species Individual” in relation to an exotic Animal, means a single live member of the species at any developmental stage;

“Unaltered” means a pet that is not spayed or neutered;

“Unlicensed Dog” means any dog over the age of four (4) months that is not Licensed by any outside agency or is not wearing a current valid dog License tag;

“Wildlife” means living things and especially mammals, birds and fish that are neither human nor domesticated. Animals living in their natural habitat and not within the possession of human Control.

4.2 General Interpretation

A) Our traditional Laws apply to the interpretation of this Law.

B) Unless otherwise expressly provided, the structures, organizations, bodies, principles and procedures established or used in this Law will be guided, interpreted and carried out in accordance with the culture, traditions and customs of Nuxalkmc.

C) The headings of parts and sections of this Law have been inserted as a matter of convenience and for reference only, and in no way define or limit any of its provisions.

D) A word in the singular form may be read in the plural form if the context allows it, and a work in the plural form may be read in the singular form if the context allows it. All genders are included in any gender expressed.

E) The words “include”, “includes” and “including” are to be read as if they are followed by the phrase “without limitation”.

F) Any reference to a statute means that statute and regulations made under it, all as amended or replaced from time to time.

4.3 Schedules

The following Schedules form part of and are integral to this Law:

A) Schedule “A” - License Fees

B) Schedule “B” - Impound and Boarding Fees

C) Schedule “C” - Miscellaneous Fees

PART V. NUMBER OF PETS PER HOUSEHOLD

5.1 The number of pets per household MUST be reasonable. If there is a large family, the need for each family member to have a pet is unreasonable. The size of the home and family must be taken into consideration when deciding on the acquisition of a pet, as well as the income of whom the responsibility for the pet falls on. The actual OWNER of the home must agree to allowing a pet without coercion.

5.2 When the home is a rental unit, rental rules will apply.

PART VI. POPULATION CONTROL

6.1 All Animals in the home MUST be SPAYED/NEUTERED by 4 months of age.

6.2 There will be NO intentional breeding of ANY Animals.

PART VII. LICENSING

7.1 Licensing requirements

A Person must not keep or allow to be kept any Animal over four (4) months of age unless a valid License has first been obtained for that current term from the appointed Animal Control Officer.

7.2 License Application

a) Every Owner of an Animal must make an application to the appointed Animal Control Officer for a License on the form provided by the Animal Control Officer and pay the fee set out in Schedule “A”.

b) Upon receipt of the application and payment of the prescribed fee, the Animal Control Officer may issue a numbered License tag for the current License period.

c) The Animal Control Officer may reduce the prescribed fee if evidence of vaccines being up to date is filed along with the License application.

7.3 License Refused

If a Person has abandoned an Animal, or been responsible for the impoundment of an Animal, the Animal Control Officer may refuse to grant or renew a License to such a Person until such a time as the Animal Control Officer, in its sole discretion, believes that the Person has become capable for an Animal and abiding by this Law.

7.4 Expiration

Every License and corresponding License tag issued under this Law will expire on the 31^st day of March each year. To renew a License and License tag, the Owner must submit an application to the Animal Control Officer no later than March 24^th of each year.

7.5 License Tag

Every Animal Owner must ensure that a valid License tag is displayed on the Animal at all times by affixing it to the Animal by collar, harness or other suitable device.

7.6 Change of Address

Where an Owner has a change of address within the area of application for this Law, the Owner must, within thirty (30) days, notify the Animal Control Officer and pay the applicable License transfer fee, set out in Schedule “A”

7.7 Other Jurisdictions

Where an Animal has been duly Licensed in another municipality or regional district, that License will be valid on Nuxalk Territory upon registration of such Animal with Animal Control Officer, and payment of the License transfer fee set out in Schedule “A”.

7.8 Replacing License Tags

Where an Animal tag is lost, stolen, or is otherwise rendered unusable, the Owner must promptly make application to the Animal Control Officer to replace the License tag and pay the License tag replacement fee set out in Schedule “A”.

7.9 Age limit

A License must NOT be issued to, or in the name of, any Person under the age of eighteen (18).

7.10 Non-Transferable

Every License and corresponding License tag issued under this Law is valid only in respect of the Animal for which it was issued, as described on the License application, and is not transferable to any other Animal.

PART VIII. ANIMAL CONTROL

8.1 Prohibited noise

An Owner must not permit or allow his or her Animal to howl, bark, and/or crow or make any noise that unreasonably disturbs Persons in the neighborhood or vicinity:

For a period of ten (10) or more minutes; or

In an outdoor area between the hours of 10:00 pm and 7:00 am.

Nuxalk Territory falls in the Great Bear Rainforest, and there are certain months of the year that many dogs are doing their part to keep Grizzly and Black bears from becoming comfortable in residential areas. During these months, this prohibited noise stipulation will not be enforced. However, new puppies etc. shall not fall under this exemption.

8.2 Specific Prohibitions

An Owner must not permit or allow any Animal, which they are responsible for to:

Be at Large;

Trespass on allocated lands, within the Nuxalk Community areas defined by other Laws as areas where such Animals are not permitted;

Be on allocated land where such Animal is not contained, either by a fence and a gate, an enclosure, or other effective containment mechanism, unless such Animal is under the immediate Control of a responsible Person;

To be in any community areas unless such Animal is kept on a leash not exceeding three (3) meters in length and is under the immediate Control of a Responsible Person;

Attack, bite, kill or cause injury to a Person or Domestic Animal; or

Aggressively pursue or harass a Person, Vehicle, or Domestic Animal.

8.3 Defecation

Any Owner or Person Responsible for the care, Control or custody of an Animal, must not permit or allow the Animal to defecate on Nuxalk Community use areas other than the Allocated land held by the Owner of the Animal without removing the excrement and disposing of it in a sanitary manner.

8.4 Seizure

The Animal Control Officer may seize any Animal that is Unlicensed or found at large or in a manner or location contrary to this Law.

8.5 Animals in Heat

The Owner of a female Animal MUST, at all times, when that Animal is in heat, keep it securely confined indoors within a building or Enclosure capable of preventing the escape of that Animal and the entry of other Animals.

An appointment should be made for the Animal to be spayed once it is no longer in heat.

9.1 Report on Aggressive Animals

Where, in the opinion of an Animal Control Officer, an Animal has been involved in an incident in which it was an Aggressive Animal, the Animal Control Officer must keep a written report of the incident on file.

9.2 Notice of Aggressive Animal

If in the opinion of the Animal Control Officer, grounds exist to consider the Animal as an Aggressive Animal under this Law, the Animal Control Officer will deliver a letter to the Owner confirming that Nuxalk Leadership considers such Animal to be an Aggressive Animal and advising the Owner of the requirements for confining, identifying and restraining Aggressive Animals under this Law.

9.3 Right to Appeal

Where an Animal has been deemed to be an Aggressive Animal pursuant to this Law, the Owner of the Animal may appeal the classification, in writing to the Lands Office, within ten (10) days of receipt of the letter sent pursuant to section 9.2. The Animal Control Officer will review the Owners submissions as well as the filed formal report with Chief and Council, and any other material deemed relevant, which will in turn determine whether the Nuxalk Nation will continue to deem the Animal an Aggressive Animal.

9.4 Requirements for Aggressive Animals

Every Owner of an Aggressive Animal must:

At all times while the Animal is on the premises occupied by the Owner, keep the Animal securely confined indoors or in an enclosure;

At all times while the Animal is off premises occupied by the Owner, keep the Animal;

I. on a leash not exceeding three (3) meters in length;

Ii. Under the immediate care and Control of a Responsible Person; and

Iii. Muzzled to prevent it from biting a Person or other Animal;

implant a microchip into the shoulder/neck area of the Aggressive Animal for identification purposes. The Owner will be required to pay the corresponding microchip implant fee and provide proof of implantation to the Animal Control Officer for file.

Scan a previously implanted microchip for identifying purposes

on the aggressive Animal; and

Provide a photo of the aggressive Animal to the Animal Control Officer within seven (7) business days of the Animal being designated as an aggressive Animal.

9.5 Humane Destruction

Where the Owner of an aggressive Animal requests that the Animal be destroyed, an Animal Control Officer may arrange to have the Animal humanely destroyed. In such cases, the Owner must sign a form for the release of the Animal to the Nuxalk Nation for the purposes of humane destruction. The Owner will be required to pay the corresponding fee.

9.6 Dangerous Animals

In addition to the above conditions, a dangerous Animal may also be dealt with by the Nuxalk Nation in accordance with the provision of this Law.

PART X. ANIMAL CARE

10.1 Diseases

An Owner must not keep an Animal suffering from an infection or contagious disease within Nuxalk Territories unless the Animal is:

Kept securely confined within a building or Enclosure; and

Under veterinary care for that disease.

10.2 General Care

A Person must not keep any Animal within Nuxalk Territories unless the Animal is provided with:

Sufficient space for the Animal’s well-being

Clean, potable drinking water and sufficient food;

Sanitary food and water receptacles

The opportunity for periodic exercise sufficient to maintain the Animal’s good health;

Clean bedding material and an area maintained at a temperature warm and dry enough to prevent the Animal from suffering discomfort

Up-to-date vaccines and flea management; and

The necessary veterinary care when the Animal exhibits signs of pain, suffering or disease

All is determined by the Animal Control Officer, acting reasonably.

10.3 Animals wastes

An Owner must ensure that every dog has an opportunity to go outside for exercise and to release its bowels and bladder at least four (4) times daily and that cats or Animals smaller than cats have appropriate litter boxes or similar facilities available that are frequently cleaned and daily maintained and in good condition.

10.4 Shelters

A Person must not keep any Animal outside for extended periods of time unless the Animal is provided with shelter capable of protecting the Animal from heat, cold, puddles, precipitation and the direct rays of the sun.

10.5 Enclosed Spaces

A Person must not keep any Animal confined in an enclosed space, including a motor vehicle without sufficient ventilation.

10.6 Prohibited Means of Securing Animals

A Person must not keep an Animal hitched, tied or fastened to a fixed object where a choke collar or choke chain forms part of the securing apparatus or where a rope or cord is tied directly around the Animal’s neck, and in the case of proper securing, there must be sufficient length for the animal to move around and lay comfortably.

10.7 Prohibited Confinement

A Person must not keep any Animal hitched, tied or fastened to a fixed object, such as a tree, post, trolley line or run line as the primary means of confinement.

10.8 General Prohibitions

Unless otherwise authorized by the Nuxalk Nation, a Person keeping two (2) or more dogs on a property must not cause or permit:

More than one dog to be kept in a cage or pen unless the cage or pen is of sufficient size and height to permit each Animal kept therein to move freely and easily;

Dogs that are deemed aggressive Animals to be kept with any other Animals, including other dogs;

Animals under the age of four (4) months to be kept with any adult Animals that are not their parents

Animals under treatment for a communicable or infectious disease or suspected of having a communicable or infectious disease to be kept with any other Animals.

10.9 Mother and Litters

An Owner of a female dog that has delivered one (1) or a litter of puppies within the past four (4) months shall ensure that the mother dog is kept in a secure area to reduce conflicts with people approaching the puppy or puppies, and shall have made an appointment for the mother dog to be spayed.

10.10 Indoor and Outdoor Areas

Every Owner must include, for each individual dog, both an indoor and outdoor exercise area as follows:

The indoor area must comply with the following requirements:

I. The indoor area must be of sufficient size for the well-being of all the humans and Animals therein;

ii. The building must be equipped with a heating and cooling system capable of maintaining an indoor temperature between 10 and 25 degrees Celsius;

Iii. Every cage or pen within the indoor area must be of sufficient size and height to permit each dog to turn about freely, stand, sit, and lie in a normal position.

Iv. The building must allow natural light and ventilation to be introduced into the interior of the indoor kennel area by windows, skylights or a combination thereof; and

V. The area must be cleaned and sanitized of Animal excrement at least once daily; and

Exercise area must comply with the following requirements:

I. Be large enough to allow each dog being kept to break into a trot;

ii. Fully enclosed by a sturdy fence with a minimum height of 1.8 meters, which is capable of keeping any of the dogs from escaping; or

Iii. A trolley line or run line may be used as a form of exercise but may not be the sole means of confinement as outlined in section 10.7;

Iv. Be a public area on which Animals are permitted and which is accessible to the Animal and its Responsible Person on a regular and daily basis.

PART XI. BURIALS

11.1 Burials

All Animals that are to be buried on Nuxalk Territories must be buried within a depth of three (3) feet or more within the soil

11.2 Illegal Dumping

No Animal is to be disposed of or dumped on Nuxalk Territories or waters.

PART XI. SEIZURE AND IMPOUNDMENT

12.1 Seizure

An Animal Control Officer may seize any Animal that is Unlicensed or that is acting contrary to this Law, and any Animal held or kept in conditions contrary to this Law.

12.2 Impoundment

Where an Animal is impounded pursuant to this Law:

An Animal Control Officer must make reasonable effort to determine the Owner of the Animal and to notify the Owner of the impoundment and the procedure to recover the Animal;

If the Animal Control Officer is not able to determine the Owner of the Animal or contact the Owner of the Animal, the Animal Control Officer must post a notice on public notice boards within the Nuxalk Community and Nuxalk social media sites describing the Animal and stating the date of impoundment and the impoundment period;

The Animal Control Officer must make reasonable efforts to contact the Owner of the Animal if it is wearing a License tag, contact information can be found in the License information for such an Animal;

The Animal Control Officer may provide the Animal with veterinary care, medication, specialty food, or other treatment required for the reasonable and proper care of the Animal, and the Nuxalk Nation may recover the actual cost of such treatment plus a 10% administrative charge and an extra fee payable by the Owner of the Animal or by a Person adopting the Animal;

The Owner must recover the Animal from the place of impoundment within 96 hours (4 days) from the time of impoundment, by giving evidence of Ownership of the Animal and paying the impound fee, the daily boarding fees, and other applicable fees for the Animal as prescribed in Schedule “B”;

The impoundment fees for an Unlicensed Animal will be double the fees for a Licensed Animal as set out in Schedule “B”, plus the cost of a License for such Animal;

The impoundment fees will increase as prescribed in Schedule “B” for each impoundment of the same Animal in a twelve (12) month period;

Regardless of whether an Animal is Licensed or Unlicensed, the impoundment fee for the Animal that is deemed and aggressive Animal or a nuisance Animal will be the fee set out in Schedule “B”; and

The Nuxalk Nation may provide for the adoption, transfer to another facility or Humane destruction of an Animal that is not collected by the Owner within ninety-six(96) hours (4 days) from the time of impoundment.

12.3 General Prohibitions for Impounded Animals

The Person must not take, remove or release, or assist in the taking, removing or releasing, of any Animal impounded by the Nuxalk Nation without first obtaining the consent of the Animal Control Officer and paying all fees relating to the impound of the Animal.

12.4 Impoundment of Aggressive Animals

The Owner of an aggressive Animal that has been impounded pursuant to this Law may only reclaim the Animal upon application to the Animal Control Officer with the following:

Evidence of Ownership of the Aggressive Animal;

Payment of applicable fees set out in Schedule “B”; and

Delivery to the Animal Control Officer of an executed statement of the form prescribed from time to time.

PART XII. ORDER TO DESTROY AN ANIMAL

13.1 Destruction of Dangerous Animals

On being satisfied that an Animal is a Dangerous Animal, the Animal Control Officer may deem that the Animal be Humanely Destroyed.

13.2 Cost

An Owner whose Animal has been destroyed pursuant to this Law is liable for all costs, fees and expenses associated with the destruction of such Animal, which costs, fees, expenses and any interest accrued thereon will be a debt due and owing to the Nuxalk Nation until paid in full.

13.3 Consent to Euthanasia

An Owner who requests that their Animal be Humanely Destroyed or other disposed of by the Animal Control Officer, the Owner must sign the form of consent to euthanasia established by the Animal Control Officer.

PART XIII. DESTROYING AND DISPOSING OF ANIMALS

14.1 Method of Destruction

A Person who destroys an Animal under this Law must destroy and dispose of such Animal, or cause such Animal to be destroyed and disposed of, in accordance with any such manners prescribed from time to time by the Nuxalk Nation.

14.2 Critical Injuries

If an Animal is critically injured and the Owner is not available for such a decision the Animal Control Officer may have the Animal humanely destroyed.

PART XIV. DISEASED ANIMALS

15.1 General

A) When a complaint is made to the Animal Control Officer that an Animal is suffering from any disease as a result of which the Animal is suffering in pain or debilitation, the Animal Control Officer may investigate the matter

B) If a veterinary examination demonstrates the Animal is suffering, the Animal Control Officer may order the Owner to have the Animal treated or humanely destroyed and incinerated. The Owner CANNOT refuse medical treatment of a diseased or injured Animal.

PART XV. ENFORCEMENT AND OFFENCES

16.1 General

No Person shall obstruct, interfere with or hinder the Animal Control Officer, or any authorized employee, Officer or agent in carrying out their duties and responsibilities under this Law.

16.2 Right to enter

For the purpose of this Law, the Animal Control Officer may enter any lands on Nuxalk Territory during reasonable hours if the Animal Control Officer:

Is acting under this Law to take an Animal into custody or to destroy an Animal;

b) has reasonable grounds to believe that an Animal is Ownerless; or

has reasonable grounds to believe that an Animal is, or has been, running at large.

16.3 Right to Search

Subject to section 16.4 to 16.7 and Animal Control Officer may enter and search any place, except a place that is occupied as a private dwelling and/or structure, and seize an Animal, if the Animal Control Officer believes on reasonable grounds that:

The Animal is a dangerous Animal;

The Animal presents an imminent danger to the public; and

The purpose of seizing the Animal cannot be reasonably be accomplished if the Animal Control Officer is required to obtain a written authorization

16.4 Considerations

Before exercising a power undersection 16.3, in the case of an Animal that has acted as a dangerous Animal, the Animal Control Officer must consider whether the Animal was acting while in the course of attempting to prevent a Person from committing an Unlawful act.

16.5 Exercising Powers

An Animal Control Officer may enter a place to exercise the power under section 16.3:

With the consent of the Owner or occupier of the place;

In accordance with a written authorization from Chief and Council under section 16.7; or

If the circumstances referred to in section 16.3 apply, in accordance with that section.

16.6 Police Officers

For the purpose of section 16.3, and Animal Control Officer who is not a Police Officer must be accompanied by a Police Officer.

16.7 Right to Seize

The Animal Control Officer exercising authority to enter a premises under section 16.3 must be accompanied by a Police Officer when exercising that authority.

16.8 Police Officer for seizure

An Animal Control Officer exercising authority to enter premises under section 16.7 must be accompanied by a Police Officer when exercising that authority.

16.9 Offences and Penalty

No Person shall obstruct, interfere with or hinder Chief and Council, the Animal Control Officer, or any authorized employee, Officer or agent in the carrying out of their duties and responsibilities under this Law.

16.10 Types of offences

Without limiting the generality of this section 16.10, shall be an offence under this Law:

For an Owner to allow to suffer his or her Animal to be running at large;

For any Person to own a diseased Animal unless it is securely confined in such enclosure and in such a manner that it does not endanger the safety of any Person or Animal, and under veterinary care;

For the Owner of a dangerous Animal:

I. To permit, suffer or allow the Animal to be on any highway or any public place within Nuxalk territory or running at large unless the Animal is muzzled and leashed to prevent it from biting another Animal or human; or

Ii. To keep the Animal on the premises owned or Controlled by such Person unless the Animal is securely confined either indoors or in an enclosure;

For any Owner to keep or harbor more than 2 dogs and/or 2 cats per home

For any Owner to allow the accumulation of Animal feces to become noxious or a health hazard, as determined by the Animal Control Officer;

For any Person to willfully or negligently open a gate, door or other opening in a fence or enclosure with a domestic Animal has been confined and thereby allow the Animal to be running at large; and

For any Person to tease, torment of provoke an Animal

16.11 Violation

Every Person who violates any provision of this Law, or who permits an act or thing to be done in contravention of this Law, or who fails to do any act or thing required by this Law shall be deemed to have committed an offence against this Law and:

Shall be liable to a fine of not less than $50.00 and not greater than $2000.00.

Shall be liable, upon summary conviction, to the penalties provided by the offence act; or

Any combination of the above.

16.12 Penalty

Chief and Council may determine that all or a portion of a fine may be paid off by way of community service performed by the Person subject to that fine. The nature of and conditions of which shall be set out in a resolution.

Each day a violation of this Law continues will be deemed to be a separate offence for which a fine or imprisonment may be imposed.

16.13 Violation Tickets

a) the Animal Control Officer may issue a ticket for any offence under this Law;

b) any Person issued a ticket under this Law will be required to pay the amount set out in that ticket;

c) a Person seeking to appeal a ticket issued under this Law may apply in writing to the Animal Control office.;

d) the Animal Control office may, after considering a Person’s application to appeal a ticket and acting reasonably, waive the ticket, reduce the fine, or enforce the ticket; and

e) after consideration of an application to appeal the ticket, the Animal Control Officer will notify the applicant in writing of the decision, which decision will be final and binding.

17.1 Immunity

No action for damages lies or may be instituted against present or past Chief and Council, Animal Control Officer, pound keeper, employees or agents of the Nuxalk Nation.

For anything said or done or omitted to be said or done by that Person in the performance or intended performance of the Person’s duty or the exercise of the Person’s authority; or

For any alleged neglect or default in the performance or intended performance of the Person's duty or the exercise of the Person’s authority.

17.2 Section 17.1 does not provide defense if:

a) Council, the Animal Control Officer, pound keeper, employees or agents have in relation to the conduct that is the subject matter of the action, been guilty of dishonesty, gross negligence, or malicious or willful misconduct; or

b) the cause of the action is libel or slander

17.3 No Liability

None of Nuxalkmc, present or past Chief and Council, Animal Control Officer, members, employees, representatives or agents of the Nuxalk Nation are liable for any damages or other loss, including economic loss, sustained by any Person, or to property of any Person, as a result of neglect or failure, for any reason, to discover or detect an contravention of this Law or any other Nuxalk Law, or from the neglect or failure, for any reason or in any manner , to enforce this Law or any other Nuxalk Law.

17.4 Limited Period

Subject to sections 17.1 and 17.3, any actions against the Nuxalk Nation (including its employees, representatives or agents, and Council) for the Unlawful doing of anything that:

Is purported to have been done under its powers conferred by this Law or any Nuxalk Law; and

Might have been Lawfully done if acting in the manner established by Law, must be commenced within six (6) months after the cause of action first arose.

PART XVI. AMENDMENT

18.1 General

This Law may be amended, if appropriate, through regular reviews every five (5) years, or whenever Council determines, in its sole discretion, that the Law should be reviewed and, if appropriate, amended.

18.2 Minor Amendments

Council may, from time to time, pass a resolution authorizing minor amendments to this Law for any of the following purposes:

To correct typographical or grammatical errors;

To reference relevant, new or amended Nuxalk Law(s);

To change the applicable entity(ies) having authority over the implementation of this Law;

To align with an order by a court; and

To clarify this Law where there is no reasonable dispute about the intention underlying the original provision.

18.3 Scheduled Amendments

The Animal Control Officer may, from time to time, propose an amendment to schedule to this Law, which amendment will then become effective on approval by Chief and Council.

PART XVII. GENERAL PROVISIONS

18.3 Compliance with other Laws.

Where any other Law or legal requirement may apply to any matter covered by this Law, compliance with this Law will not relieve the Person from also complying with the provisions of such other applicable Law or legal requirement.

BE IT KNOWN that this Law is entitled The Nuxalk Nation Animal Care and Control Bylaw, 2023 and is hereby enacted by a quorum of Nuxalk Nation Chief and Council on this day ________________, 2024

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SCHEDULE A

Registration/Licensing Fees

Category: Fee:

Unaltered Animal $ 50.00

Altered Animal $ 10.00

Nuisance Animal $ 100.00

Aggressive Animals $ 200.00

License Transfer $ 10.00

License Tag Replacement $ 10.00

SCHEDULE B

Impound and Boarding Fees

IMPOUND FEES

Fees based on the number of impounds of the same Animal in a 12-month period:

Licensed animal – First Impoundment $40.00

Licensed animal – Second Impoundment $80.00

Unlicensed animal – First Impoundment $140.00

Unlicensed animal – Second Impoundment: removal of animal

Fees for Aggressive and Nuisance Animals:

Aggressive Animal (unaltered) $500.00

Aggressive Animal (altered) $300.00

Nuisance Animal $250.00

DAILY “BOARDING” FEES:

First partial day and first night $20.00

Each subsequent day or part thereof $40.00

OTHER FEES AND CHARGES:

In all cases, the actual costs of veterinary care, medication, specialty food, transportation and other extenuating costs incurred by the Nuxalk Nation, plus a 25% administration fee shall be charged, on top of any fees mentioned in sections A and B above, for any animal impounded.