MAR 10 2003 14:49 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18 LAC LA CROIX FIRST NATION NEGUAQUON LAKE I.R. 25D P.O.BOX 640 FORTFRANCE$t>fcl C T. IDM riocunront P9A3M9 i MM t w IMinilW 1 rDWWCaMBT A By-Law for the prevention of Disorderly Conduct and Nuisances Bv-Law 2003-01 Whereas the citizens of Lac La Croix First Nation have, collectively, the inherent right to govern themselves on their traditional and ancestral territories as provided by the Creator, that this fundamental right has always rested with their people, and that the inherent right of self determination is an existing aboriginal and treaty right recognized and affirmed under section 35 of the Constitution Act, 1982; And W hereas the exercise of the inherent right of self determination involves, amongst other things, the enactment of laws and regulations for the maintenance of social order and quality of life on reserve; And Whereas the Council of Lac La Croix First Nation desires for the better government of the First Nation to enact a by-law for the prevention of disorderly conduct and nuisances on reserve, and for the imposition of a penalty for a violation of the by-law; And W hereas the Council of Lac La Croix First Nation considers it necessary for the health, welfare, and safety of Lac La Croix First Nation to provide for the prevention of disorderly conduct and nuisances on reserve; And W hereas paragraphs 81(l)(d),(q) and (r) of the Indian A ct, R.S.C. 1985, c. 1-5, as amended, also empowers the Council of a First Nation to make by-laws governing the residence of citizens of a First Nation and other persons on reserve; Be it th erefore reso lved , that the Council of Lac La Croix First Nation at a duly convened meeting enacts the following by-iaw in an express exercise of its rights pursuant to the inherent right of self determination and section 81 of the Indian Act.j 1 f 9 r 9 / 9 C 700 r 3 -4 A P .02/14 7 PH. (807)485-2431 or 1807) 485-2432 FAX (807) 485-2583 3 'nlH LU < MLM > CD
1'IHK va <vaw3 i- k INLUHN HhhHlKb IHBRY Bld Y 623 7021 TO 18199970034 P . 03/14 Lac La Croix First Nation By-law No. 2003-01 March, 2003 A By-law for the Prevention of Disorderly Conduct and Nuisances Page 2 Short Title 1. This by-law may be cited as the “Lac La Croix First Nation Disorderly Conduct and Nuisances By-law”. Definitions 2. In this Bylaw: “Council of the First Nation” means the Council of Lac La Croix First Nation, a council of the band as defined in section 2(1) of the In d ian A ct; “disorderly conduct” means any act or behaviour, including (a) fighting; (b) making or causing unreasonable noise; (c) using abusive language; (d) using offensive or indecent gestures or displays; (e) being drunk or intoxicated; (f) loitering; (g) exposing, firing, or discharging any gun, pistol or other firearm, or using or threatening to use any other article as a weapon, except in defence of life or property; or (h) interfering in any manner with the orderly conduct of commercial, administrative, educational, recreational, health care, social, religious, or ceremonial activities on reserve; that disrupts public order on reserve, scandalizes the community or causes public inconvenience, annoyance or alarm; “First Nation” means the Lac La Croix First Nation, and Indian band as defined in section 2(1) of the Indian A ct; “Indian Act” means the Indian Act, R.S.C. 1985, c. 1-5, as amended: “nuisance" means any act, activity or condition, including (a) the abandonment of cars or other motor vehicles, including snow machines, household appliances or furniture or parts of motor vehicles, household appliances or furniture;
MAR 10 2003 14M9 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P . 04/14 / S ’ Lac La Croix First Nation By-law No. 2003-01 March 2003 A By-taw for the Prevention o f Disorderly Conduct and Nuisances Page 3 (b) the storage of abandoned cars or other motor vehicles, including snow machines, household appliances or furniture or parts of motor vehicles, household appliances or furniture; (c) the dumping or storage of tires, garbage or other refuse; (d) the burning of tires, garbage or other refuse; (e) the discharge of any substance into the air or water; or (f) noise; that materially impairs, otherwise than by direct physical interference the use and enjoyment or a person’s property, or that prejudicially affects a person’s health, comfort or convenience or the public health, safety or welfare on reserve, but does not include any act, activity or condition to the extent it is unavoidably necessary for carrying on any business or other means of livelihood authorized by Council; “officer” means any peace officer as defined in section 2 of the Criminal Code of Canada, R.S.C. 1985, c. C-46, as amended; or other person charged with the duty to preserve and maintain public peace, and any by-law enforcement officer or other person appointed by Council for the purpose of maintaining law and order on reserve, pursuant to such by-laws as have been or maybe enacted from time to time by Council; “person” in addition to its ordinary meaning includes a partnership, association, company, society or body corporate; “reserve” means the reserves of the First Nation as defined in section 2(1) of the Indian Act; Disorderly Conduct 3. (1) Every person who commits an act of disorderly conduct is guilty of an offence. (2) An officer may order any person who is engaged in any disorderly conduct to stop such conduct immediately. Nuisance 4. (1) Every person who creates or cause a nuisance is guilty of an offence.
MAR 10 2003 14=50 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P . 05/14 Lac La Croix First Notion By-law No. 2003-01 March 2003 A By law for the Prevention o f Disorderly Conduct and Nuisances Page 4 (2) Any officer may order any person who is causing or threatens to cause a nuisance or to reduce the nuisance within such period of time as is reasonable in the circumstances. (3) In determining whether a period of time fixed by an officer under subsection (2) was reasonable in the circumstances» a court shall take into account: Charge for Breach of Bv-law 5. In addition to the authority of a peace officer to lay a charge for breach of this Bylaw, the Council of the First Nation shall also have the authority to instruct by resolution that a charge for breach of this Bylaw be laid, by a peace officer, or other person. Enforcement 0. (1) Where a person who has been ordered to stop engaging in disorderly conduct, or to stop from causing a nuisance or to reduce the nuisance within a specified period of time, fails or refuses to comply with the order, an officer may take such reasonable measures as are necessary to stop the disorderly conduct, or to prevent or reduce the nuisance. (2) A person who fails or refuses to comply with an order made under subsections 3(2) or 4(2), or who resists or interferes with an officer acting under subsections 3(2) or 5(1), commits an offence. Penalty 7. A person who commits an offence under this By-law is liable on summary conviction to a fine not exceeding One Thousand ($1 ,000 .00) Dollars or imprisonment for a term not exceeding Thirty (30) Days or to both.
MAR 10 2003 14:50 FR INDIAN AFFAIRS THBAY 807 623 7021 TD 18199970034 P . 06/14 - ' Lac La Croix First Nation By-law No. 2003-01 March 2003 A By-law for the Prevention of Disorderly Conduct and Nuisances Page 5 This Bylaw is hereby made at Lac La Croix First Nation, Ontario, at a duly convened meeting of the Council of Lac La Croix First Nation called for this purpose, this 5th day of March 2003. Voting in favour of the Bylaw are the following members of the Council: being a majority of those members of the Council of Lac La Croix First Nation present at the aforesaid meeting of the Council. The quorum of the Council is 3 members. The number of members of the Council present at the meeting was ŝ>.
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