NUISANCE BY-LAW By-Law No. 2 o f the Garden River First Nation A By-Law for the Prevention o f Disorderly Conduct and Nuisances ENACTED ON THE '-3 DAY OF S œ jt fa n à # , 19 WHEREAS the Council o f the Garden River First Nation desires to make a by-law governing the prevention o f disorderly conduct and nuisances, with respect to any matter arising out o f or ancillary to the exercise o f powers under section 81, and fo r the imposition o f a penalty for a violation thereof; AND WHEREAS the Council o f the Garden River First Nation is empowered to make such by-law pursuant to paragraphs 81 (1) (d),(q) and (r) o f the Indian Act; AND WHEREAS it is considered to be expedient and necessary for the benefit, comfort and safety o f the inhabitants o f the Garden River First Nation Reserve to provide fo r the prevention o f disorderly conduct and nuisances on the reserve; NOW THEREFORE the Council o f the Garden River First Nation hereby makes the following a by-law: SHORT TITLE 1. This by-law may be cited as the "Garden River First Nation Reserve Disorderly Conduct and Nuisances By-law". INTERPRETATION 2. In this by-law, "Band" means the Garden River First Nation Band. "Council” means the Council o f the Garden River First Nation Band. "Band Member" means registered Band Members o f the Garden River First Nation membership code.
- 2-"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 at public Junctions 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; or h. interfering in any manner with the orderly conduct o f commercial, administrative, educational, recreational, health care, religious or ceremonial activities on the Reserve i. travelling by ski-doos, 4 wheelers, bicycling, skiing on private Band Members properties 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 of 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; if) 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 fo r carrying on any business or other means o f livelihood authorized by the Council; "Officer " means any First Nation 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 ""means the-resèryp o f the Garden River First'Nation B a n d — '
- 3-DISORDERLY CONDUCT 3 (1) Every one who commits an act o f disorderly conduct is guilty o f an offence. (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 o f an offence. (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 to abate the nuisance within such period as is reasonable in the circumstances. (3) In determining whether a period fixed under subsection (2) was reasonable in the circumstances, the officer 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 o f 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 offence. 6. A person who commits an offence under this by-law is liable on summary conviction to a fine not exceeding $1000 or to imprisonment for a term not exceeding sixty days, or to both. And full restitution for any damages that occurs because o f incident.
- 4-This By-law is hereby made at a duly convened meeting o f the Council o f the Garden River First Nation this 3 r d day o f S k p l , 19 Voting in favour o f the by-law are the following members o f the Council: Chief Councillor Councillor Councillor Councillor —*_JSeJiiLfi-Councillor Councillor"
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.