By-law No. 1998.1 A BY-LAW FOR THE PREVENTION OF DISORDERLY CONDUCT AND NUISANCES or BEING A BY-LAW TO REPEAL AND REPLACE BY-LAW 85.1 Intoxicants W HEREAS the Council o f English River First Nation desires to make a by-law governing the prevention o f disorderly conduct and nuisances, with respect to powers under section 81, 85.1 and for the imposition o f a penalty for a violation thereof; AND W HEREAS the Council of English River First Nation is empowered to make such by-law pursuant to paragraphs 81(l)(d), (q) and ® Section 85.1 o f the Indian Act; AND W HEREAS it is considered to be expedient and necessary for the benefit, comfort and safety of the inhabitants o f the English River First Nation to provide for the prevention of disorderly conduct and nuisances on the reserve; AND W HEREAS the Council o f the English River First Nation did enact By-law No. 1 on the 3rd day o f August, 1988 and wishes to repeal the said By-law No. 1 and replace it with this by-law; NOW TH EREFORE the Council of English River First Nation hereby makes the following by-law:
Short Title 1. This by-law may be cited as the “ English River First Nation Reserve Disorderly Conduct and Nuisances By-law”. Interpretation 2. In this by-law, “First Nation” means the English River First Nation “Council” means the Council, representative body elected by the members o f English River First Nation “Disorderly conduct” means any act or behavior, including a) fighting; b) making or causing unreasonable noise; c) using abusive language; d) using offensive or indecent gestures or displays; e) being intoxicated or possessing an intoxicant f) selling, bartering, supplying or manufacturing o f intoxicants; g) loitering; h) exposing, firing or discharging any gun, pistol or other firearm, or using or threatening to use any other article as a weapon; or I) interfering in any manner with the orderly conduct o f commercial, administrative, educational, recreational, health care, religious or ceremonial activities on the Reserve, that disrupts public order on the reserve, scandalizes the community, or causes public inconvenience, annoyance or alarm; “Nuisance” means any act, activity or condition, including a) the abandonment o f cars, household appliances or furniture, or parts o f cars, household appliances or furniture; b) the storage o f abandoned cars, household appliances or furniture, or parts o f cars, household appliances or furniture; c) the dumping or storage o f tires, garbage or other refuse; d) the burning o f tires, grass, garbage, leaves or other refuse; e) the discharge o f any substance into the air or water; f) noise; that materially impairs, otherwise than by direct physical interference, the use and enjoyment o f a person’s property, or that prejudicially affects a person’s health, comfort or convenience or the public health, safety or welfare o f the reserve community, but does
not include any act, activity or condition to the extent it is unavoidably necessary for carrying on any business or other means o f livelihood authorized by the Council; “Officer” means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and a by-law officer or any other person appointed by the Council for the purpose o f maintaining law and order on the reserve; “Person” includes a corporation; “Intoxicants” includes alcohol, alcoholic, spirituous, vinous, fermented malt, or other intoxicants liquor, or a combination o f liquors and mixed liquor, part o f which is spirituous, vinous, fermented or otherwise intoxicating, and all drinks or human consumption that are intoxicating; “Reserve” means all those tracts o f land, the legal title o f which is vested in the her majesty, that has been set apart for the use and benefit o f the English River First Nation membership, known as the: La Plonge # 192 Elak Dase # 192 A Knee Lake # 192B Wapachewanak # 192D lie a La Crosse # 192E Primeau Lake # 192F Cree Lake # 192G Disorderly Conduct 3. (1) Every one who commits an act o f disorderly conduct is guilty o f an offense. (2) An officer may order any person who is engaging in any disorderly conduct to stop such conduct immediately. Nuisance 4. (1) Every one who creates or causes a nuisance is guilty of an offense. (2) An officer may order any person who is causing or who threatens to cause a nuisance on the reserve to refrain from causing the nuisance or the abate the nuisance within such period as is reasonable in the circumstances. (3) In determining whether a period fixes by an officer under subsection (2) was reasonable in the circumstances, a court shall take into account a) the nature and extent o f the nuisance; b) the methods available to abate the nuisance;
c) the approximate time required to abate the nuisance; and d) the effect o f the order on any business or means o f livelihood o f the person who is the subject of an order. Enforcement 5.(1) Where a person who has been ordered to stop engaging in disorderly conduct, or to refrain from causing a nuisance or to abate a nuisance within a specified period, 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 to abate the nuisance. (2) A person who fails or refuses to comply with an order made under subsection 3(2) or subsection 4(2), or who resists or interferes with an officer acting under subsection 3(2) or subsection 5(1), commits an offense. Penalty 6.(1) A person who commits an offense under this by-law is liable on summary conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding three months, or to both. (2) No person shall, sell, barter, supply or manufacture intoxicants on the reserves o f the English River First Nation, and every persons who, in contravention o f any provision o f this by-law sells, barter, supplies or manufacturers intoxicants on the reserves o f the English River First Nation is guilty o f an offense and liable on summary conviction to a fine of not more than $1,000.00 or to imprisonment for a term not exceeding 6 months, or to both. Fine Dispositions Section 104 o f the Indian Act, under this section, fines imposed for by-law offenses are to be deposited in the Revenue Account o f English River First Nation.
THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the English River First Nation this 6th day of August, 1998. Voting in favoro f the by le following members of the Council: Chief Archie Campbell kc p k c -c Councillor Gloria Apesis being the majority o f those members o f the Council of the English River First Nation present at the aforesaid meeting o f the Council. The quorum of the Council is 4 members. Number o f members o f the Council present at the meeting: 7 I, Archie Campbell, Chief o f the English River First Nation do hereby certify that an original o f the foregoing by-law 1998.1 was mailed to the Minister o f Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 81, 82(1), 85.1 o f the Indian Act, this 10th day of August, 1998. (Witness) Councillor Patrick Campcbell x " / X ' / / / / ,.. - ^ , i . x ^ (5%, Councillor Alfred Dawatsare Councillor Auguste George (ChiefrCouncillor)
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