Beruflich Dokumente
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BY-LAW # 537
CANADIAN INUIT DOG AND DOG TEAM BY-LAW
WHEREAS public safety is the utmost concern of the City.
WHEREAS there is potential danger to humans by nature of both Dogs and Dog Team
Activity.
WHEREAS the Canadian Inuit Dog is the last indigenous dog to North America and is
rare and distinct.
WHEREAS the Canadian Inuit Dog and Dog Team activity have been an integral part of
the survival and flourishing of Inuit and are an integral part of the City of Iqaluits
unique character and its economic and tourism development.
WHEREAS the Canadian Inuit Dog is recognized as the official animal of Nunavut by
the Legislative Assembly of Nunavut.
WHEREAS the City wishes to manage the inherent risk and the preservation of
Canadian Inuit Dogs and Dog Team activities through thoughtful and reasonable
regulation and enforcement.
WHEREAS the Cities, towns, and Villages Act R.S.N.W.T. 1988 C-8 Section 115 and
Section 116 provides for the passage of By-laws to control, license and the prevention of
cruelty to animals.
WHEREAS the City wishes to acknowledge and reference that it has a Domestic Animal
Control Bylaw for the control, license and prevention of cruelty to domestic animals.
BEING A BY-LAW of the Municipality of Iqaluit, Nunavut to provide for public safety
and the preservation of Canadian Inuit Dogs and Dog Team activities through responsible
management, regulation and enforcement.
NOW THEREFORE PURSUANT to the provision of the Cities, Towns and Villages
Act, the Council of the Municipality of Iqaluit, Nunavut at the regular session duly
assembled, enacts as follows:
SEVERABILITY
If any provision of the By-law is declared invalid because of any word, phrase, clause,
sentence, paragraph or section of the By-law or any documents which form part of the
By-law or an application thereof to any person or circumstance is declared invalid, the
remaining provisions shall not be affected thereby but shall remain in force.
SECTION 1 SHORT TITLE
1.1
This By-law shall be known and may be cited as the Canadian Inuit Dog By-law
of the Municipality of Iqaluit.
SECTION 2 - INTERPRETATION
2.1 In this By-law the following terms (unless the context specifically requires otherwise)
shall have the following meanings:
2.2 Animal Control Officer shall mean a By-law Officer appointed by the Municipality
to do any act or perform any duties under this By-law and includes a member of the
Royal Canadian Mounted Police and, when authorized, a Special Constable and any
person acting under the authority of an Animal Control Officer.
2.3 At Large shall mean where a Dog is at any place other than the Property of the
Owner or Designated Dog Team Area and is not being carried by any Person or is not
2.30 Violation Ticket shall mean a ticket as defined in the Summary Conviction
Procedures Act, as amended.
SECTION 3 NUNAVUT LAND CLAIMS AGREEMENT
3.1 In accordance to the Nunavut Land Claims Agreement, this By-law shall not impose
on any Inuk, as defined by the Nunavut Land Claims Agreement, any form of licence
or permit or impose any form of tax or fee if a Dog Team is used for harvesting
purposes.
3.2 In order to be exempt from any form of licence or permit or any form of tax or fee
that may be imposed under this By-law, an Inuk must make a declaration in
accordance to Appendix F of this By-law that he or she is using is or her Dog or
Dog Team for harvesting purposes.
3.3 An Inuk, as defined by the Nunavut Land Claims Agreement, shall not be exempt
from any other aspect of this By-law.
SECTION 4 EXEMPTION FROM ANIMAL CONTROL BYLAW
4.1 Dogs that are registered in accordance to this By-law shall be exempt from the
Animal Control By-law or any of its successors.
SECTION 5- DOG CONTROL PROVISIONS
5.1 No person shall release any Dog from the Town Dog Shelter or a vehicle in which
a dog has been placed after seizure without having first been authorized to do so by
a Dog Control Officer.
5.2 No Person shall untie, loosen or otherwise free a Dog that is in the custody or
control of a Dog Control Officer.
5.3 No person shall alter, deface, or damage the figures, letters or markings of any
dog tag issued under this By-law.
5.4 An Owner shall not permit or suffer to permit a Dog to be At Large.
5.5 An Owner whose Dog unreasonably barks or howls so as to disturb the quiet,
peace and repose of any person is guilty of an offence.
5.6 An Owner of any Dog which has damaged any Public Property Area or private
property not the Property of the Owner within the municipal boundaries of the
Town is guilty of an offence.
5.7 The Town may post signs indicating Public Property Areas where Dogs are not
permitted, and an Owner whose Dog is in a Public Property area where a sign may
prohibit the presence of Dogs, whether At Large or under the control of such
Owner, is guilty of an offence.
5.8 An Owner of a Dog, whether in care and control of the Dog or not, may be guilty
of an offence if such Dog without being provoked:
1.
2.
3.
5.9
Any person who kills a Dog of which he is not the Owner may be guilty of an
offence.
This section does not apply to:
A Dog Control Officer acting pursuant to this By-law.
5.10 Where a dog defecates on any public property or private property other than the
property of the owner or a Designated Dog Team Area, the owner shall immediately
cause such defecation to be removed in a sanitary manner.
5.11 An Owner of a Dog shall ensure that when that Dog is in a Vehicle that the Dog is
either enclosed within the Vehicle or if the Dog is in the uncovered box of a truck
that the Dog is tethered in such a manner as to ensure that the Dog can not fall out of
or otherwise escape the truck.
5.12 Any person interfering with, hindering or impeding a Dog Control Officer in the
performance of any duty authorized by this by-law is guilty of an offence.
5.13
Any person may take charge of any dog or dogs At Large and as soon as possible
deliver the dog or dogs to a Dog Control Officer.
Inuit Dogs are friendlier and less likely to be dangerous when they are kept
close to humans where interaction with the Dogs is constant and daily.
11.1.1 Based on the Principles set out in Section 9.1 the criteria for the selection of
Designated Dog Team Areas shall be as follows:
a) Designated Dog Team Areas should be in areas which are highly visible;
b) Designated Dog Team Areas should be in areas where there are low
volumes of human traffic;
c) Designated Dog Team Areas should be away from areas with high density
child populations;
d) Designated Dog Team Areas shall be away from schools, playgrounds,
shopping areas and designated pedestrian walk-ways;
e) Designated Dog Team Areas should be in areas where there is easy and
safe access to the land and/or sea ice;
f) Designated Dog Team Areas should allow for easy access to the dogs by
the Dog Team Owner;
g) Designated Dog Team Areas should allow for the humane keeping of dogs
including but not limited to, access to water in the summer.
SECTION 12 PROCESS FOR DESIGNATING DESIGNATED DOG TEAM
AREAS BEYOND ORIGINAL DESIGNATED DOG TEAM
AREAS
12.1
Council shall, upon adoption of this Bylaw, approve the Original Designated
Dog Team Areas, Appendix "G", by resolution and in conformance with the
provisions of this Bylaw. The following sections provides for selecting all
Designated Dog Team Areas thereafter.
12.2.1 Original Designated Dog Team Areas shall be listed in Appendix G and any
additions or deletions to the original Appendix 'G' shall follow in numeric order.
For illustrative purposes, that is to say - G-1, G-2, G-3, etc.
12.3 Request for designation of a Designated Dog Team Area beyond those Original
Designated Dog Team Areas approved by Council in "Appendix G" shall be
limited and considered as exceptions or variances to "Appendix G".
12.4 Such variances to Appendix G, may either be accepted or refused based on the
Principles and Criteria for the Selection of Designated Dog Team Areas set out in
Section 9 of this By-law.
12.5 Request for the Designation of a Dog Team Area shall be submitted to the
Municipality with sufficient information to be able to conduct an initial screening
of the request against the Principles and Criteria for the Selection of Dog Team
Areas. The initial screening of request will be undertaken by the Bylaw
Department or Municipal Administration.
12.6 Within twenty (20) working days of receipt of the request, the Municipality
Administration shall either:
a) refuse the request for designation and inform the person making the
request of the reasons for the refusal; or
b) forward the request to the DDTASC for their consideration.
12.7 Within thirty (30) working days of the receipt of a request for designation the
DDTASC shall consider the request and shall either:
a) refuse the request for designation and inform the person making the
request for the reasons for the refusal; or
b) approve the request for designation with conditions to reasonably
ameliorate the prevention of incidents. This will as a general rule
require enclosed pens of a prescribed dimension unless reasoned
otherwise by the DDTASC. The DDTASC shall forward its
conditional approval to the Planning Committee of Council; or
c) recommend approval of the request and forward it to the Planning
Committee of Council.
12.8
In considering a request for designation, the DDTASC may take such reasonable
steps to investigate the appropriateness of the request as measured against the
Principles and Criteria for the Selection of Dog Team Areas, including, but not
limited to:
a) Inviting the person making the request and any citizens who may be
13.2
13.3
13.4
13.5
Designated Dog Team Areas shall be restricted to people other then Dog Team
Owners, or their designates, and Animal Control Officers. Any other person that
is found in a Designated Dog Team Area is guilty of an offence, unless that
person is there to release or aid an injured or a distressed dog or a person in
distress.
Where not penned, Dog Team Dogs shall be kept tethered on chains no longer
than 2 metres in length. There shall be a minimum distance of 1 metres between
all animals on a common chain.
Dog Team Dogs shall be checked by the Dog Team Owner or designate a
minimum of once per day.
Dog Team Owners shall feed and provide water as required for the healthy
upkeep of the Dog Team Dogs. Dogs who are determined, by the Animal Control
Officer, to be undernourished shalll be apprehended by the Animal Control
Officer after consultation with the Dog Team Owners who are members of the
DDTASC.
The Dog Team Owner shall keep vaccinations for each Dog Team Dog current
for the following:
a) Rabies;
b) Distemper;
c) Parvovirus;
d) Adenovirus;
e) Parainfluenza; and
f) Other diseases reasonably deemed appropriate by the Dog Control
Officer
14.4
14.5
Signage to indicate the presence of a Dog Team Area shall be provided by the
Municipality to indicate the presence of a Designated Dog Team Area.
Signage shall be erected by the Dog Team Owner with the assistance of the
Municipality to inform the public of the presence of a Dog Team Area.
Designated Dog Team Areas shall be kept clean and free of debris by the Dog
Team Owners except in cases where debris is the responsibility of the
Municipality of Iqaluit or a commercial and/or private person.
Dog Team Owners shall inform the Municipality Administration when the Dog
Teams are moved from one Designated Dog Team Area to another.
The Municipality shall keep the public informed regularly of the whereabouts of
Dog Teams and Designated Dog Team Areas by publication of a map indicating
the Designated Dog Team Areas and by public service announcements.
SECTION 15 PREVENTION OF CRUELTY
15.1
15.2
15.3
15.4
15.5
No Dog Team Owner shall allow a Dog Team Dog to remain unfed or unwatered
long enough to amount to cruelty.
No person shall punish or abuse a Dog Team Dog in a manner or to an extent that
is cruel or unnecessary.
Any person who teases, torments, annoys, abuses or injures a Dog Team Dog is
guilty of an offence.
Unless otherwise authorized by this By-law, any person who kills a Dog Team
Dog without the authorization of the Dog Team Owner is guilty of an offence.
Unless otherwise authorized by this By-law, any person, who without the
authorization of the Dog Team Owner, unties or lets loose a Dog Team Dog that
is not in distress, is guilty of an offence.
16.2
16.3
16.4
16.5
Dog Teams may be driven on such roads and paths within the Municipality in a
safe manner so as to access the land or sea ice from a Designated Dog Team Area.
These routes shall be called "Designated Dog Team Routes" and shall identified
and form part of Appendix 'G' and amendments thereto based on access and
egress to/from the Designated Dog Team Areas.
These designated Dog Team Routes shall be appropriately identified with
signage and other means.
Dog Teams shall be driven in a safe manner on these designated dog team routes.
Dog Teams shall have the right of way when encountering other vehicles on
theses designated routes. Other vehicles shall give Dog Teams ample space to be
able to continue traveling.
Dog Teams may be driven in a safe manner in other areas of the Municipality
when participating in a special event and with the written permission of the
Municipality Administration.
17.4
17.5
17.6
17.7
17.8
17.9
notice to all other Dog Team Owners and allow any Dog Team Owner to claim
the Dog Team Dog.
If at the end of the period of impoundment, the Dog Team Dog remains
unclaimed, the Dog Control Officer may:
a) If suitable, offer the Dog Team Dog for sale;
b) Destroy the Dog Team Dog in a humane manner;
c) Allow the Dog Team Dog to be redeemed in accordance with the
provisions of Section 15.5 of this By-law; or
d) Continue to impound the Dog for an indefinite period of time.
Upon payment of a fee as set out in Schedule A of this By-law, a Dog Control
Officer may destroy a Dog Team Dog when the Dog Team Owner signs a form
approved by the Town Administration indicating that the Dog Team Owner
waives all rights of ownership and requests the Municipality to destroy the Dog
Team Dog.
If a Dog Team Dog is reasonable believed to have rabies, the Dog Team Dog may
be seized and turned over to the RCMP or Renewable Resources.
18.2
18.3
18.4
Any person who contravenes any provision of this By-law is guilty of an offence
and is liable on summary conviction to a fine as set out in Schedule XX of this
By-law.
An Animal Control Officer who has reasonable grounds to believe that a person is
violating any provision of this By-law may give such person written notice of
intention to prosecute in the form of a ticket as defined in the Summary
Conviction Procedures Act, and amendments thereto, setting forth the date, time,
and place of the offence; briefly stating the nature of the offense; stating that
payment may be made under this By-law.
A person who has received a ticket pursuant to Section 16 in respect of an alleged
offence under this By-law, may, after receipt of such ticket, in lieu of prosecution
under this By-law, pay to the Municipality such penalty as is set out in Schedule
B attached hereto and part of this By-law.
Any person who violates a provision of this By-law and does not pay the imposed
fine is liable to prosecution under the Summary Convictions procedure Act.
No compensation or damages shall be paid to an owner whose dog has been injured,
destroyed or otherwise disposed of, pursuant to this By-law.
FEES
FINES
SYMPTOMS OF RABIES
"G-#"
This by-law shall come into effect at the third and final reading of the by-law.
Read for a first time by the Council of the Town of Iqaluit this
day of
2001.
Mayor
day of
2001.
Mayor
day of
2001.
Mayor
10