Draft PENTICTON INDIAN BAND ANIMAL CONTROL AND RANGE USE BY-LAW,

Transcription

1 Draft PENTICTON INDIAN BAND ANIMAL CONTROL AND RANGE USE BY-LAW, Your support is needed in moving this forward. Help us move in a direction that will serve to better protect our elders, our children, and our community as well as our land. Come out to the Band meeting. Date: February 24, 2016 Time: 7 pm sharp will be a short presentation on the by-law Place: PIB Hall

2 PENTICTON INDIAN BAND ANIMAL CONTROL AND RANGE USE BY-LAW,

3 2 PENTICTON INDIAN BAND ANIMAL CONTROL AND RANGE USE BY-LAW, PART I CITATION... 4 PART II DEFINITIONS AND REFERENCES... 4 PART III APPLICATION... 6 PART IV ADMINISTRATION... 7 By-law Enforcement Officer... 7 Registration and Identification of Domestic Animals and Farm Animals... 7 Requirement to register, tattoo and brand or tag animals... 7 Registration fee... 7 Annual Licenses and Application for registration... 8 Identification tag to be attached to collar or harness at all times... 9 Immunization of Cats and Dogs... 9 Requirement to have animals immunized... 9 Dogs and cats exposed to rabies Animal who bites a person Limitation on Domestic Animals per Dwelling Requirement to Register Farm Animals General Prohibitions and Offences Dogs shall be tethered or penned up Creating a nuisance Animals in distress or neglected Prohibitions Prohibited areas Vicious Animals Responsibilities of owners of vicious animals Offence Right to protect self and others from vicious animals Range Use Permits Requirement to have a range use permit for farm animals on community land Range use permit fee Obtaining a range use permit... 15

4 3 Approval of range use permits Offence Free Range Animals Impounding and Seizure Impound Fee Power to impound and seize Power to destroy, dispose of or sell animal Duty to document the impound, seizure, destruction, disposal and sale of animals The Penticton Indian Band not liable Penalty Amendment / Repeal Repeal and Replacement Coming Into Force... 18

5 4 A. WHEREAS section 81(a), (d), (e), (q) and (r) of the Indian Act empower the Council of an Indian Band 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 the trespass by domestic animals, the establishment of pounds and appointment of pound-keepers, the regulation of pound-keepers duties and provision of fees and charges for their services, in addition to, matters arising out of or ancillary to the exercise of those powers, and the imposition of a penalty for the violation of any such by-law; and B. WHEREAS the Council of the Penticton Indian Band, also called the Penticton Indian Band, is of the opinion that the uncontrolled ownership, breeding, and running at large of animals may be detrimental to the health and safety of the residents on the reserve, and a nuisance to such residents; NOW THEREFORE, the Council of the Penticton Indian Band duly enacts as follows: PART I CITATION 24. This by-law may be cited as the Penticton Indian Band Animal Control and Range Use By-law, PART II DEFINITIONS AND REFERENCES 25. In this by-law: animal means a domestic animal or a farm animal and does not include a free range animal; animal in distress means an animal that is: (a) deprived of adequate food, water, shelter, ventilation, light, space, exercise, care or veterinary treatment; (b) kept in conditions that are unsanitary; (c) not protected from excessive heat or cold; (d) injured, sick, in pain or suffering; or (e) abused or neglected; applicant means a person who has applied to register his or her animal with the Penticton Indian Band Animal Registry; at large or running at large means off the premises of any owner and not under the control of any person;

6 5 BCR means band council resolution; branded means the marking of an animal by way of hot iron branding, freeze branding, tattooing or any other permanent branding method that is legally available in British Columbia; by-law enforcement officer means a by-law enforcement officer appointed by Council for the purpose of enforcing the Penticton Indian Band by-laws, and includes a person or organization authorized or contracted by Council to enforce the Penticton Indian Band bylaws in the absence of a by-law officer; carrying capacity means the number of range animals that can be supported by the ecosystem without a net vegetation loss; cat means any feline, male or female; community land means any Penticton Indian Band reserve lands in which all members have a common interest and which have not been allotted; Council means the body composed of those persons selected pursuant to the Penticton Indian Band Custom Election Code; dog means any dog, male or female and includes an animal that is a cross between a dog and a wild animal such as a wolf or coyote; domestic animal means a dog, cat or any other domesticated animal owned primarily for the purpose of a person s company or protection but does not include farm animals; 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 a human habitation and in which normal domestic functions may be carried on; farm animal means any livestock, domesticated animal or semi-domesticated animal, that is commonly owned for one or more of the following purposes: (a) the production of commodities such as food, fiber, or labor; (b) bucking stock; or (c) pleasure, such as horseback riding and/or showing, whether or not the livestock, domesticated animal or semi-domesticated animal is actually used for one of those purposes and includes cattle, horses, donkeys, mules, asses, llamas, alpacas, swine, sheep, goats, and poultry; free-range animal means any animal that is at large on the Penticton Indian Band Lands, is not claimed by an owner and is not branded, tattooed or tagged with an identification tag and is over the age of two (2) years old; muzzle means a device used to secure a dog s mouth in such a fashion that it cannot bite anything;

7 6 nuisance means a condition, activity, or situation imposed by one person that interferes with the use or enjoyment of property by another person; occupant means a person who is legally entitled to occupy or simply occupies Penticton Indian Band land or a building, dwelling or premises within the Penticton Indian Band Lands; owner in respect of a domestic or farm animal means a person who possesses or harbors a domestic or farm animal, and a person who has care, custody or control of an animal, and the terms owns and owned have the corresponding meanings; Penticton Indian Band Animal Registry means the registry kept by the Penticton Indian Band for the purpose of monitoring registration of animals on the Penticton Indian Band Lands; Penticton Indian Band Lands means the following Penticton Indian Band Reserves: (a) Penticton Indian Reserve No. 1, being 18,539.8 hectares located in the Osoyoos and Similkameen Districts at the south end of Okanagan Lake; (b) Penticton Indian Reserve No. 2, being 13.1 hectares located in the Similkameen District, TWP 87, between Okanagan and Dog Lakes; (c) Penticton Indian Reserve No. 3A, located in the Osoyoos District, Lot 3317, Group 1 west of and adjoining I.R. No. 1, 5 miles southwest of Summerland; and (d) lands set apart by Canada in the future as lands reserved for the use and benefit of the Penticton Indian Band, within the meaning of subsection 91(24) of the Constitution Act, 1982; public nuisance means any activity which unreasonably interferes with the public s interest in questions of health, safety, morality, comfort or convenience, and whether or not a particular activity constitutes a public nuisance is a question of fact. Many factors may be considered, including the inconvenience caused by the activity, the difficulty involved in lessening or avoiding the risk, the utility of the activity, the general practice of others, and the character of the neighbourhood. Public nuisance includes unreasonable interferences with a public right of way, or the safe passage of the public over the Penticton Indian Band Lands; range use permit means a permit that allows an owner to let his or her farm animal have free access and use of community land without being tethered or penned; and, vicious animal includes: (a) any animal that demonstrates ferocious, vicious, or aggressive behaviour; (b) any animal that a by-law enforcement officer, upon reasonable and probable grounds, believes to be a vicious animal; and, (c) any animal which has bitten another animal or human without provocation. PART III

8 7 APPLICATION 26. This by-law applies to all the Penticton Indian Band Lands, all occupants on the Penticton Indian Band Lands and all persons who are owners of animals that are present on the Penticton Indian Band Lands. PART IV ADMINISTRATION By-law Enforcement Officer 27.(1) The Council may, by BCR: (a) appoint a by-law enforcement officer; or (b) enter into an agreement with a person or organization to act as a by-law enforcement officer, to provide for the administration and enforcement of this by-law and to manage the Penticton Indian Band Animal Registry; (2) The Council may, by BCR, provide for reasonable remuneration to be paid to the bylaw enforcement officer or to any person or organization the Council enters into an agreement with to provide the services of a by-law enforcement officer. (3) Any visits a by-law enforcement officer makes to community members homes shall be accompanied with a band member or as otherwise required by Council. Registration and Identification of Domestic Animals and Farm Animals Requirement to register, tattoo and brand or tag animals 28. Every owner of a domestic animal(s) is required to tag, or tattoo their animal(s) and register the animal(s) in the Penticton Indian Band Animal Registry. 29. Every owner of farm animals on the Penticton Indian Band Lands shall: (a) have their animals branded, tattooed or tagged for identification; (b) have valid brand registration documents from Ownership Identification Inc.; and, (c) register such brands in the Penticton Indian Band Animal Registry. 30. The registration of an animal in the Penticton Indian Band Animal Registry is valid for one (1) full year from the date of registration. Registration fee 31. The annual fees for the registration of domestic and farm animals shall be set by BCR.

9 8 Annual Licenses and Application for registration 32. Every person who owns a domestic animal and resides on Penticton Indian Band Lands for more than thirty (30) days, shall on or before January 31 st each year, obtain an annual license for their domestic animal before the domestic animal reaches the age of four (4) months. The licencing period shall be from January 1 st to December 31 st and licenses shall be pro-rated, if needed. 33. To register an animal in the Penticton Indian Band Animal Registry, the owner shall submit an application to the by-law enforcement officer and the by-law enforcement officer shall approve the application. 34. An application to register an animal in the Penticton Indian Band Animal Registry shall include: (a) the applicant s name; (b) the applicant s civic address or lot number; (c) the applicant s current contact information; (d) a description of the animal sought to be registered, including name, age, sex, weight and breed if known; (e) the number of domestic animals and farm animals owned by each occupant in the household; and (f) any other information deemed by the by-law enforcement officer to be necessary for the proper administration of the by-law. 35. Upon receipt of an application for registration, a by-law enforcement officer shall verify the authenticity of all information provided in the application and: (a) accept the application for registration of the animal; or (b) reject the application for registration of the animal; and (i) order that the animal be removed from the Penticton Indian Band Lands; or (ii) set conditions to be complied with before registration will be accepted. 36. If a by-law enforcement officer accepts an application for registration under section 11(a), he or she shall: (a) collect the annual registration fee from the owner made payable to the Penticton Indian Band; (b) file the animal s information in the Penticton Indian Band Animal Registry; and (c) provide the owner with written confirmation that the animal has been registered in the Penticton Indian Band Animal Registry, including the expiry date of the registration. 37. If a by-law enforcement officer rejects an application for registration under section 11(b)(i), he or she shall provide the owner with a written notice setting out: (a) a description of the animal;

10 9 (b) reasons for rejecting the application; (c) notice that the animal shall be removed from the Penticton Indian Band Lands; (d) a date for when the animal shall be removed from the Penticton Indian Band Lands by; and (e) a statement that if the animal is not removed, the Penticton Indian Band may enforce its powers of impound and seizure under this by-law. 38.(1) If a by-law enforcement officer rejects an application for registration under section 11(b)(ii) and sets conditions to be complied with before registration will be accepted, he or she shall: (a) deliver, in person or by registered mail, a written notice to the owner setting out: (i) a description of the animal; (ii) reasons for rejecting the application; (iii) specific details on the conditions which shall be met before registration will be accepted; (iv) notice of the date on which those conditions shall be met and a new application for registration received by the by-law enforcement officer; and (v) a clear statement informing the owner that if the conditions are not met and a new application is not received by the required date, the Penticton Indian Band may enforce its powers of impound and seizure under this by-law; (b) enter a copy of the written notice in the Penticton Indian Band Animal Registry affirming the date of its delivery; (c) monitor the completion of the conditions within the specified time frame; and (d) if necessary, initiate impound and seizure proceedings under this by-law. (2) At the request of an owner, a by-law enforcement officer may provide an owner who has been issued a written notice under section 14(1) (a) an extension of time to complete the conditions in the notice. (3) An extension of time under section 14 (4) (2) shall not exceed six (6) months from the date on which the written notice was delivered to the owner. Identification tag to be attached to collar or harness at all times 39. An owner shall ensure that the identification tag of a domestic animal is securely attached to the collar or harness of the animal at all times. Immunization of Cats and Dogs Requirement to have animals immunized

11 All owners shall ensure that cats and dogs on the Penticton Indian Band Lands are immunized on a regular basis and that immunizations include: (a) for cats, a Feline 3-way vaccine; and (b) for dogs, a Canine 3-way as well as parvovirus. Dogs and cats exposed to rabies 41. The owner of a dog or cat exposed to rabies shall, on demand by a by-law enforcement officer surrender such animal to be held in quarantine for a period of fourteen (14) days; and such dog or cat shall not be released from such quarantine without written confirmation from a qualified veterinarian that the animal is free of rabies. Animal who bites a person 42.(1) Upon demand of a by-law enforcement officer, the owner of any animal shall forthwith surrender any animal which has bitten any person and that animal is to be held in quarantine; and, subject to subsection (2) such animal shall not be released from such quarantine until a qualified veterinarian provides written certification that the animal is free of rabies. (2) A by-law enforcement office may impose conditions on the re-entry onto the Penticton Indian Band Lands of any animal released from quarantine in accordance with section 18(1), including the following conditions: (a) that the animal be muzzled; (b) that the animal be kept tethered or penned up while on the Penticton Indian Band Lands, unless on a leash and under the control of the owner; or (c) any other condition a by-law enforcement officer deems necessary for the safety of persons and other animals on the Penticton Indian Band Lands. 43.(1) Any animal a qualified veterinarian determines to be infected with rabies shall be: (a) removed from the Penticton Indian Band Lands; (b) destroyed by its owner; or (c) destroyed by a by-law enforcement officer at the owner s expense. (2) No owner has any right to damages against a by-law enforcement officer or the Penticton Indian Band as a result of an animal being destroyed under section 19(1)(c). Limitation on Domestic Animals per Dwelling 44.(1) No owners of rental properties may allow their tenant s to have more than three (3) domestic animals on the Penticton Indian Band Lands. Owners of rental properties may reduce the number of domestic animals allowed in the rental home and may

12 11 stipulate conditions for the care and control of domestic animals that reside in the rental home. (2) The provisions of subsection 20(1) shall not apply to a litter of domestic animals under four (4) months of age. Requirement to Register Farm Animals 45.(1) No owner may have any unregistered farm animals on the Penticton Indian Band Lands. (2) The Penticton Indian Band Council may, by BCR, set limits on the number and type of farm animals owners are permitted to keep on Penticton Indian Band Lands. General Prohibitions and Offences Dogs shall be tethered or penned up 46.(1) Subject to subsection (2), every owner of 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 section 22(1) if the dog: (a) is held on a leash by a person capable of restraining the dog s movements; (b) is being used by a person for the purpose of hunting; (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) An owner of a dog who fails to take all necessary measures to ensure that such dog is under control or supervision or in the possession of the owner at all times, upon any property on the Penticton Indian Band Lands, is guilty of an offence. Creating a nuisance 24. (1) No owner shall permit an animal to make excessive noise, or otherwise annoy or disturb the peace of the residents on the Penticton Indian Band Lands. Owners of dogs must not allow the dog to bark, howl or cry: (a) continuously for ten (10) minutes or more without significant periods of rest, (b) sporadically for a cumulative total of fifteen (15) or more minutes within one (1) hour, or (c) otherwise in such a manner as to cause a nuisance. (2) An owner of an animal who fails to take all necessary measures to ensure that such animal does not make excessive noise, or otherwise annoy or disturb the peace of the residents on the Penticton Indian Band Lands is, through his or her actions or omissions, creating a public nuisance and is guilty of an offence.

13 12 25.(1) No owner may allow a female dog or cat in heat to remain on community land unless the animal is attached to a leash or in a crate and is accompanied by and is under the observation and control of the owner or his or her agent. (2) An owner of a female dog or cat in heat who fails to take all necessary measures to comply with section 24(1) is, through his or her actions or omissions, creating a public nuisance and is guilty of an offence. 26.(1) No owner of an animal may allow such animal to cause damage to any property on community land including movable property, lawns, flower gardens, flower beds, bushes or plants, or other parts of property. (2) An owner of an animal which causes damage or serious injury to any person s other animals or property on community land or private property belonging to another person, including movable property, lawns, flower gardens, flower beds, bushes or plants, or other parts of property is, through his or her actions or omissions, creating a public nuisance and is guilty of an offence. 27.(1) An owner of a dog shall, when the dog is on community land or private property, immediately pick up and thereafter dispose of, any feces, vomit, or any other waste left by the dog on the said property. (2) An owner of a dog who does not comply with section 26(1) is, through his or her actions or omissions, creating a public nuisance and is guilty of an offence. 28.(1) No owner shall allow an animal to remain unfed or without water whereby it causes the animal to become a public nuisance. (2) An owner who allows an animal to remain unfed or without water whereby it causes the animal to become a nuisance is, through his or her actions or omissions, creating a public nuisance and is guilty of an offence. Animals in distress or neglected 29.(1) An owner shall care for his or her animal, including: (a) Ensuring the animal has nutritious feed, clean water, climate-appropriate shelter or housing, and health care; and (b) protecting the animal from circumstances that are likely to cause the animal to be in distress. (2) An owner shall not cause or permit the animal to be, or to continue to be, in distress. (3) An owner who causes or permits his or her animal to be, or to continue to be, in distress is guilty of an offence. (4) The Council may enter into an agreement, protocol or memorandum of understanding allowing the British Columbia Society for the Prevention of Cruelty to Animals to enforce the Prevention of Cruelty to Animals Act on the Penticton Indian Band Lands. (5) A by-law enforcement officer may impound and seize an animal in distress in accordance with this by-law.

14 13 Prohibitions Prohibited areas 30.(1) The Council may at any time prohibit the keeping of animals within any area of the Penticton Indian Band Lands. (2) Notice of any prohibition made by Council pursuant to section 29(1) shall be posted in the main administration office and the Penticton Indian Band web site and after the date of the posting of such notice, no person shall keep or have an animal within the prohibited area. Prohibitions on the establishment of boarding and veterinary facilities (3) No person may establish, own or operate a facility for the boarding or veterinary treatment of animals on the Penticton Indian Band Lands, without express written authorization from Council. A person who establishes, owns or operates a facility for the boarding or veterinary treatment of animals on the Penticton Indian Band Lands, without express written authorization from Council, is guilty of an offence. Vicious Animals 31. If a by-law enforcement officer has reasonable grounds to believe any animal is a vicious animal, he or she shall declare that animal to be a vicious animal, document in the Penticton Indian Band Animal Registry that such animal is declared to be a vicious animal, and provide written notice to the owner setting out: (a) the name and description of the animal; (b) the circumstances which led the by-law enforcement officer to believe that the animal described is a vicious animal; (c) notice that the animal has been declared a vicious animal; and (d) notice that the owner shall comply with sections 32, 33 and 34 of this by-law. Responsibilities of owners of vicious animals 32. Anyone owning a vicious animal shall post a clearly visible sign notifying the public that there is a vicious animal on the premises and shall clearly state the type of animal on the sign. 33. Any owner of a vicious animal shall ensure that while on private property, the vicious animal is kept on a secure leash or in a restricted area which shall be constructed so as to prevent any escape by the animal and to prevent the entry of the public. 34. Any owner of a vicious animal shall ensure that at all times when such vicious animal is on community land it is muzzled and kept on a leash.

15 14 Offence 35. Any owner who fails to comply with sections 32, 33 or 34 of this by-law is guilty of an offence. Right to protect self and others from vicious animals 36.(1) A person or a by-law enforcement officer has a right to take all reasonable and necessary actions, including to kill a vicious animal, to stop a vicious animal which is running at large from pursuing, attacking, injuring, damaging, killing or destroying: (a) a person; (b) another animal; (c) a food cache, harness or other equipment. (2) A person who takes action pursuant to section 36(1), shall immediately report the incident to Council or the by-law enforcement officer. (3) A by-law enforcement officer who takes actions under section 36(1) shall provide a written report to Council, setting out: (a) a description of the vicious animal which was running at large; (b) information on how the vicious animal was pursuing, attacking, injuring, damaging, killing or destroying a person, another animal, a food cache, harness or other equipment; and (c) details of the actions taken by the by-law enforcement officer to stop the vicious animal s behaviour, and shall file a copy of that report in the Penticton Indian Band Animal Registry. (4) No owner has any right to damages against a person, a by-law enforcement officer or the Penticton Indian Band as a result of a person or a by-law enforcement officer taking necessary actions pursuant to section 36(1). Range Use Permits Requirement to have a range use permit for farm animals on community land 37.(1) No owner may allow his or her farm animal to roam free on community land without a valid range use permit for that animal. (2) Each farm animal that roams free on community land shall have a separate range use permit. (3) No owner shall allow their studs to roam free. Range use permit fee

16 Council shall set the annual fees for a range use permit by a BCR. See Appendix for fees and charges Obtaining a range use permit 39. To obtain a range use permit for an animal the owner shall: 1. register the farm animal in the Penticton Indian Band Animal Registry; 2. submit a written request for a range use permit to the by-law enforcement officer and have the by-law enforcement officer approve of the written request; and 3. submit the range use permit fee made payable to the Penticton Indian Band. 40. (see below)a by-law enforcement officer shall not unreasonably deny the approval of a range use permit to the owner of a farm animal. Approval of range use permits 41. Where a by-law enforcement officer approves a range use permit, he or she shall: (a) provide the owner of the farm animal with a written permit; and (b) document the permit number in the Penticton Indian Band Animal Registry. Offence 42. An owner of a farm animal who allows his or her animal to roam free on community land without a range use permit commits an offence and is liable on conviction to a fine: (a) of one thousand dollars ($1,000.00) for a first conviction; (b) of one thousand five hundred dollars ($1,500.00) for a second conviction; and, (c) of two thousand five hundred dollars ($2,500.00) for a third conviction. Free Range Animals 43. The Penticton Indian Band, or any Penticton Indian Band member, may claim ownership over a free range animal by: (a) taking the free range animal into his or her possession, care, custody or control; (b) registering the free range animal; and (c) if applicable, obtain a range use permit for the free range animal. Impounding and Seizure Impound Fee

17 The Council shall set an initial and daily impound fee amount by BCR. 45. If a horse or cow is impounded: (a) and the owner is known, the by-law enforcement officer shall immediately provide the owner with a written notice delivered by hand or registered mail to the owner s dwelling, setting out: (i) details regarding the animal that has been impounded and seized; (ii) that the owner has three (3) days from receipt of the notice to claim the animal, register the animal if it is not already registered, and pay the impound fees; and, (iii) that if the requirements in section 45(a)(ii) are not met within seven (7) days from receipt of the notice, that a by-law enforcement officer may cause the animal to be humanely destroyed, disposed of or sold by the by-law enforcement officer; or (b) and the owner is unknown and no owner comes forward within five (5) days of impounding and seizing the animal, the by-law enforcement officer may cause the animal to be humanely destroyed, disposed of or sold. 46. Funds raised from any sales of unclaimed horses or cattle from impound, branded or unbranded, shall be made payable to the Penticton Indian Band. Power to impound and seize 47. A by-law enforcement officer may impound and seize: (a) an animal found at large on the Penticton Indian Band Lands; (b) an animal the by-law enforcement officer has reasonable grounds to believe is an animal in distress; (c) an animal that is not registered and either branded or tagged; (d) an animal found in an area that is declared to be a prohibited area under section 28 of this by-law; or (e) a free range animal. Power to destroy, dispose of or sell animal 48. If a by-law enforcement officer impounds and seizes a seriously injured free range animal that is over two (2) years old under this by-law and does not have an owner, he or she may immediately destroy, dispose of or sell such free range animal without notice to any person. 49. If a by-law enforcement officer is unable to impound and seize a free range animal over the age of two (2) years old, he or she may destroy the free range animal without impounding and seizing it. Duty to document the impound, seizure, destruction, disposal and sale of animals

18 Where a by-law enforcement officer impounds, seizes, destroys, disposes of or sells an animal under this by-law, he or she shall provide a written report to Council setting out: (a) a description of the animal; (b) the name of the owner of the animal; (c) the section(s) of this by-law under which the animal was impounded, seized, destroyed, disposed of or sold; (d) the circumstances under which the animal was impounded, seized, destroyed, disposed of or sold; and (e) if the animal was destroyed, disposed of or sold, the specific efforts made by the by-law enforcement officer to contact and work with the owner of the animal to arrange for the owner s compliance with this by-law. 51. Where a by-law enforcement officer is required to provide a written notice to an owner or a written report to Council regarding the impoundment, seizure, destruction, disposal or selling of an animal, he or she shall maintain a copy of that notice or report in the Penticton Indian Band Animal Registry. The Penticton Indian Band not liable 52. No owner has any right to damages against a by-law enforcement officer or the Penticton Indian Band as a result of an animal being destroyed, disposed of or sold in accordance with this by-law. Penalty 53. Every person who contravenes any of the provisions of this by-law is guilty of an offence and is liable on summary conviction to a fine of not more than one thousand ($1,000) dollars. Amendment / Repeal 54. Council shall follow the following procedures in amending or repealing this by-law: (a) Council shall present the proposed amendments or the proposal to repeal this by-law for discussion at a Council meeting; (b) Council shall provide at least fifteen (15) days notice to the Penticton Indian Band members prior to the Council meeting referred to in section 54(a), setting out the proposed amendments or proposal for repeal; and (c) Council shall allow any Penticton Indian Band member, or any person who may possibly be affected by the proposed by-law, to present written or oral comments at the meeting required by section 54(a). Council may, however, set reasonable restrictions on the amount of time allowed for such comments.

19 18 Repeal and Replacement 55. This by-law repeals and replaces the Penticton Indian Band Animal Control By-law, Coming Into Force 56. This by-law comes into force six (6) months from the date it is passed by Council. 57. Council shall publish a copy of this by-law on the Penticton Indian Band s website and in the First Nations Gazette pursuant to subsection 86(1) of the Indian Act. 58. Sections in regards to horse and livestock owners will come into force one (1) year from the date it is passed by Council. This by-law is hereby passed at a duly convened meeting of the Council of the Penticton Indian Band this day of, Voting in favor of the by-law are the following members of the Council: (Chief Jonathan Kruger) (Councillor Inez Pierre) (Councillor Clinton George) (Councillor Clint Gabriel) (Councillor Dolly Kruger) (Councillor Travis Kruger) (Councillor Joseph Pierre) (Councillor Timmothy Lezard) (Councillor Kevin Gabriel) Being the majority of those members of the Council of the Penticton Indian Band present at the aforesaid meeting of the Council. The quorum of the Council is five members. Number of members of the Council present at the meeting: _