CERTIFIED TRUE COPY A /&/6-0oat Angeline Albers Commissioner for the taking of Oaths Pursuant to Paragraph 108 (a) of the Indian Act. COUCHICHING FIRST NATION 3 3 IiV-lMM ff&fa A BY-LAW RESPECTING THE PROHIBITION OF LOUD NOISES ON THE RESERVE ENACTED this R day of . 1996. WHEREAS: A. Subsections 81(1), (d), (q) and (r) of the Indian Act, R.S., 1985, c. empower the Council of a First Nation to make by-laws respecting the prevention of disorderly conduct and nuisances, matters ancillary to the exercise of this power, and penalties for violation of these by-laws; and B. The Council of the First Nation is of the opinion that the prevention of loud noises shall assist in promoting the comfort and safety of the residents of our Reserve. NOW THEREFORE the Council of Couchiching First Nation enacts the following by-law: 1. Short Title This by-law may be cited as the “Noise Control By-Law”. 2. Interpretation In this By-Law: a) “Council' means the Council of the Couchiching First Nation; b) “Motor Vehicle” includes an automobile, motorcycle, snowmobile and any other vehicle propelled otherwise than by muscular power; c) “Noise” means unwanted sound that disturbs the use and enjoyment of a person’s property, or that materially affects the health or safety of the residents of the Reserve, but does not include a sound to the extent that it is necessary for carrying on any business or any community event authorized by Council; d) “Officef 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 Council for the purpose of maintaining law and order on the Reserve; e) “Reserve" means Couchiching Indian Reserve #16A. 3. General Prohibitions No person on the Reserve shall cause, emit or permit the emission of Noise which is clearly audible on the Reserve, including but not otherwise limited to: a) racing of ' any motor vehicle other than at any racing event permitted by Council;
Couchiching First Nation 2 By -L a w N o . ______ Prohibition of Loud Noise on the Reserve P a g e 2 b) the operation of a motor vehicle in such a way that the tires squeal; c) the operation of any combustion engine without an effective exhaust or muffling device in good working order; d) the operation of a motor vehicle horn or other warning device except where required in accordance with good safety practices; e) the operation of a motor vehicle with or without a trailer that results in banging, squealing or other similar sounds due to improperly secured load or equipment, or inadequate maintenance; f) the detonation, without the written permission of the Council, or fireworks or explosive devices not used in construction; g) the discharge of firearms in, from or to any residential area of the Reserve; h) the operation of any radio, television, sound equipment, musical instrument or any other device intended for the reproduction of sound; and i) persistent barking, calling or whining or other similar noise making, if such noise persists for a period of time in excess of fifteen (15) minutes, by any domestic pet or any other animal kept or used for any purpose. 4. Exemption Despite any other provision of this by-lav,', it shall be lawful to emit or cause to be emitted any sound in connection with emergency measures undertaken: a) for the immediate health, safety, or welfare of the residents of the Reserve; or, b) for the preservation of property. 5. Applications to Council for Exemption Any person may make application to Council to be granted an exemption from any provision of this by-law, and Council may by resolution, refuse to grant the exemption or any grant of exemption applied for or any exemption of lesser effect. Any exemption granted shall specify the time period during which the exemption is effective, and the exemption may contain such terms and conditions as Council sees fit. In determining whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard, and may consider any other matter it deems appropriate. Any breach by the applicant of any exemption or any of its terms or conditions shall render the exemption void. 6. Penalty Everyone who without permission of Council emits or causes to be emitted a noise contrary to the provisions of this by-law is guilty of an
Couchiching First Nation 3 By -L a w N o . Prohibition of Loud Noise on the Reserve Page 3 offence and is liable on summary conviction to a fine not exceeding $1,000.00 or imprisonment for a term not exceeding 5 0 days, or both. THIS BY-LAW IS HEREBY made at a duly convened meeting of the council of the Couchiching First Nation present at the aforesaid meeting of the council. Voting in favour of the by-law are the following members of the Council: The quorum of the council is V members. Number of members present at the meeting: "7 I, RUDY MORRISSEAU, Chief of the First Nation, do hereby certify that a true copy of the foregoing by-law was mailed to the Minister of Indian Affairs and Northern Development at the District/Regional/Hull office (as the case may be) pursuant to subsection 82(1) of the Indian Act, this Q day of iP p4 •& rv\ In e. r 1996. WITNESS: ) as to the signature(s) of: CERTIFIED TRUE COPY Angeline Albers Commissioner for the taking of Oaths Pursuant to Paragraph 108 (a) of the Indian A d
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