Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Tel: (604) 326-4212 &ùiÿo£z>” KINCOLITH, B.C. VOV 1B0 -1988-THE KINCOLITH BAND OF INDIANS BY-LAW NUMBER 7. Being a By-Law to provide for the regulation of traffic. WHEREAS Paragraph (b) and (r) of section 81 of the Indian Act empower the Council of a band to make by-law respecting the regulation of traffic and the imposition of a penalty for the violation thereof; AND WHEREAS it is deemed to be expedient to limit the speed of vehicles on public roads for safety and welfare of the Kincolith Reserve ; N as O W a TH b E y R E l F a O w R E t he t r he e of C ou t n he c il f ol of l ow t i h n e g ; Kincolith Band of Indians enacts 1. IN THIS BY-Law, (a) "road" includes any roads, bridges, driveway, street, lane, or other place open for the passage of vehicles on Kincolith I.R.#14. (b) "sign" or "traffic signs" means a sign, warning, marking or other device for the guidance or direction of persons using the roads. (c) "vehicle" means any wagon, cart, motor, truck, trailer, traction engine, tractor, roadmaking machinery or other conveyance that is driven, propelled or drawn by any kind of power. (d) "bikes" and "motor cycles" means ten speed, three speed, mountain bikes, or any other sort of bike propelled by man power and for motorcycles, they are motor cross bikes, scooters and etc.
2(a) The Council shall, by resolution authorize the placing of all traffic signs and the resolution shall specify the location of the sign. (b) The Band Manager shall place and maintain, or cause to be placed and maintained, the signs authorized by the Council and shall remove or cause to be removed, signs which are not authorized as traffic signs. (c) No person shall interfere with or attempt to interfere with the placement or maintenance of any authorized traffic sign. (d) No person shall remove, deface, obliterate, alter or attempt to destruct any signs, or in any manner, interfere with any signs lawfully placed on a road. 3. The driver of any vehicle, motorcycle, shall comply with the direction of any mechanical or other device or sign installed for the control of routing of traffic. 4. The person in charge of any vehicle shall not drive or ride such vehicle at any rate of speed that is excessive or dangerous, having regard to the conditions then prevailing, and the person shall keep the vehicle in such control when approaching a road intersection, or crossing pedestians or other purposes, as will enable him to prevent a collision with, or damage to, all other persons and vehicles. 5(a) No person shall operate any vehicle on a road at a rate of speed in excess of 5 mph. and a sign to this effect shall be posted on all roads entering the reserve unless an emergency matter was to occur. For example, fire, or emergency for nursing station. (b) No person shall operate a vehicle on any of the following bridges or portions of bridges at a rate of speed in excess of 5 mph. 6. No person shall park or station any vehicle upon any road unless permission to do so, is designated by signs erected over or marked on the roadway. 7. No vehicle or motorcycle in a dangerous or unsafe condition shall be operated on any road.
8. If any person was under the influence of alcohol while p o e p n e a r l a i t z i e n d g a f or v eh t i h c e l i e r a or c ti m o o n t s o . rcycle, then he/she would be 9(a) The person in charge of any vehicle or motorcycle is forbidden to allow a person to take control of the wheel, u a n n l o e t s h s e r h v e e / h sh i e c le i s or 1 9 pe y r e s a o r n s . and over, in case of endangering (b) All vehicle owners of cars, trucks, ski-doos, motorcycles, buses, etc. must obtain a permit from the Kincolith Band, and to obtain, he/she must be 19 years and up. (c) All bikes, motorcycles, and vehicles, are forbidden to be on the streets after 12 midnight. (d) All bikes and motorcycles with no lights, have to be off the streets at curfew time. (e) All bike and motorcycles with lights, should be off the streets at 12 midnight. (f) All bikes will have to be tagged with Name, Serial Number, and date. (g) An inventory will have to be kept at all times. (h) No person will be allowed to race on the street at any time, this goes to bikes, vehicles, motorcycles and any other sort of motor power. (i) But if any of the by-laws made for bikes and motorcycles were broken, then these are the consequences the person would face. OFFENCE 1 ---------------------One night suspension OFFENCE 2 ---------------------One week suspension OFFENCE 3 ---------------------One month suspension plus $10.00 fine. 10. Any person who violates any of the Provisions of these regulations shall be guilty of an offence and shall be liable, upon summary conviction, to a penalty of $100.00 or imprisonment for a term not exceeding 30 days, or both for violating the by-law made under this section.
Approved and Passed on the Seventh day of April, 1988 COUNCILLOR COUNCILLOR
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