MUSQUEAM INDIAN BAND TRAFFIC AND STREET BYLAW AUGUST 2, 2005
2 Whereas section 81, paragraphs (b), (c), ( d), (p), (q) and (r) o f the Indian Act empower the Council o f an Indian Band to pass bylaws to provide for the regulation o f traffic, the observance o f law and order, the prevention o f disorderly conduct and nuisances, the removal and punishment o f persons trespassing on the reserve or frequenting the reserve for prohibited purposes in addition to matters arising out o f or ancillary to the exercise o f powers under this section and the imposition o f a penalty for the violation o f any such bylaw; And whereas the Council o f the Musqueam Indian Band is o f the opinion that it is in the best interest o f the Band to exercise such powers. THEREFORE, the Council o f the Musqueam Indian Band enacts as follows: 1. NAM E 1.1 This Bylaw may be cited as the "Traffic and Street Bylaw". 2. INTERPRETATION 2.1 In this Bylaw, unless the context otherwise requires (a) “Band” means the Musqueam Indian Band, (b) "Band Manager" means the person appointed by the Council as the Band Manager, or C hief Administrative Officer, (c) “Council” means the Council o f the Band, (d) “Emergency Vehicle” means any vehicle o f a fire department, a police department, or an ambulance service and includes any other vehicle designated as such by the Band Manager, (e) “Peace Officer” means a person appointed as a peace officer by the Council for the purposes o f this Bylaw, (f) “Reserve” means a reserve o f the Band, 3. REG ULATING TRAFFIC 3.1 The Band Manager is hereby authorized to mark traffic lanes on streets and to designate streets or portions o f streets on which a distinguishing single line or double line shall be marked, which lines need not be in the middle o f the travelled portion o f the street. 3.2 The Band Manager is hereby authorized to designate streets or portions o f streets upon which no vehicle shall be stopped or parked, or only such vehicles or classes thereof at such times and upon such conditions as may be prescribed. 05\0003\DOC\Musqueam By-law shell July 29 Draft
3 3.3 The Band Manager is hereby authorized to locate, establish and maintain upon any streets such traffic signs, stop-signs, traffic lights or reflectors, traffic discs, markers, blocks, standards, indicators, traffic-control signals, or other devices or apparatus, whether automatic or manual, as may be deemed necessary for the regulation, direction and control o f traffic on any street. 3.4 The Band Manager is hereby authorized to place or cause to be placed for periods not exceeding 30 days at any one time portable traffic signs: (a) at the entrance to places o f public assembly during the period o f assembly therein; (b) upon either or both sides o f any street or portion o f street along the route o f any parade or in the vicinity o f a large public gathering; (c) at any other location in order to expedite the movement o f traffic or to safeguard pedestrians or property. 3.5 During the time such portable signs are in place they shall be deemed to supersede -s any provisions o f this Bylaw or any regulations, warnings or directions displayed by any other traffic sign or traffic control signal. 4. O BEDIENCE TO PEACE OFFICERS 4.1 Every person shall at all times comply with any lawful order, direction, signal or command made or given by a peace officer in the performance o f the officer’s duty in directing or regulating traffic. Peace officers in order to expedite the movement o f traffic or to safeguard pedestrians or property shall have full power to direct and regulate traffic and in doing so may disregard any traffic-control signal or traffic sign. 5. TRAFFIC SIGNS AND SIGNALS 5.1 Every pedestrian and the driver o f every vehicle, shall obey the direction, instruction, limitation, restriction or prohibition o f any applicable traffic sign or traffic-control signal unless otherwise directed by a peace officer, subject to the exceptions contained in this Bylaw respecting emergency vehicles. 6. UNAUTHORIZED SIGNS AND SIGNALS PROHIBITED 6.1 N o person shall place, maintain or display upon or in view o f any street any unauthorized sign, signal, marking or device which purports to be, or is in imitation o f or resembles any traffic-control signal or traffic signs, or which attempts to direct the movement o f traffic or in the parking o f vehicles, or which hides from view or interferes with the effectiveness o f any authorized traffic- control device.
4 7. INTERFERENCE W ITH TRAFFIC-CONTROL DEVICES 7.1 N o person shall move, remove, deface, damage or alter, nor obstruct the view of, nor otherwise interfere with any authorized traffic-control signal or traffic sign, nor drive, nor walk on or over any new ly painted line, the presence o f which is indicated on any roadway by red flags, traffic cones, or other suitable warning devices. 8. PARKING 8.1 N o person shall park a vehicle: (a) at any place on a street where a traffic sign prohibits parking; (b) at any place on a street where a traffic sign restricts parking, except in accordance with such restriction; (c) on the paved portion o f any curbless street where the pavement is 6 metres or less in width, so as to leave available less than 3 metres o f the usable paved portion o f such street; (d) opposite to or in such close proximity to another vehicle already stopped on the street as to obstruct or unduly restrict the free movement o f vehicles on the street; (e) on any portion o f a street for a longer period o f time than indicated on any traffic sign which applies. 9. PARK ING PERM ITS 9.1 Where the Band Manager has designated one or more streets or portions o f streets for the parking o f vehicles o f residents o f an area o f the Reserve only, and where those streets or portions o f streets have been identified and posted with signs indicating that parking is prohibited except with a permit, vehicles which display a valid permit authorizing parking in that area may be parked on those streets or portions o f streets within the area, provided that all other parking restrictions are com plied with. 10. EM ERGENCY AND PUBLIC U TILITY VEH ICLES 10.1 The provisions o f this Bylaw regulating the operation, movement, stopping and parking o f vehicles shall not apply to any emergency vehicle w hile it is responding to an emergency call and sounding its siren, exhaust w histle or bell, or w hile attending any emergency call, but this exemption shall not excuse the driver o f any such vehicle from exercising due and proper care for the safety o f other traffic.
5 11. CLOSING STREETS 11.1 Where owing to work o f construction, repair, or maintenance, or owing to damage by accident or storm or other emergency, any street or any portion thereof is unsafe or unsuitable for traffic, or where a parade or other procession authorized by the Band Manager, a street festival, a race or an activity connected with the production o f a motion picture, a television production or other event requires that traffic be restricted on or diverted from a street, the Band Manager may temporarily close such street or portion thereof to vehicular traffic, pedestrian traffic or both or otherwise restrict or divert the traffic thereon or therefrom, and for that purpose may place thereon lamps, barriers, signs, notices, or other warnings; and no person shall enter or travel upon such street or portion thereof so closed, or enter upon or travel thereon contrary to the restrictions placed there or remove, damage, alter or destroy, or attempt to remove, damage, alter or destroy any lamp, barrier, sign, notice, or warning so placed. Where a street is closed for the making o f a motion picture, television production, festival, race or other event, Council may, by resolution, levy a fee for the use o f such closed street or portion thereof. 12. THROUGH STREETS AND “STO P” SIGNS 12.1 The Band Manager may place or cause to be placed traffic signs displaying the word “Stop” at through streets. 13. STO PPING AT “STOP” SIGNS 13.1 The driver o f every vehicle shall stop such vehicle immediately before entering any intersection where “Stop” signs have been placed. 14. ABANDONED VEHICLES 14.1 No person shall place, leave, abandon or cause to be left, placed or abandoned any derelict motor vehicle on any street. 14.2 Where any derelict motor vehicle is found on any street the Band Manager may cause it to be removed and may dispose o f the same as deemed fit in the circumstances. 15. TRESPASS 15.1 Any person who is not a member o f the Band who uses a reserve in breach o f this Bylaw commits a trespass.
6 16. NOISE 16.1 Nobody shall create a nuisance by causing excessive noise on any reserve including the use o f sound amplification equipment unless authorized to do so by the Band Manager 17. OFFENCES AND PENALTIES 17.1 Every person who violates any o f the provisions o f this Bylaw, or who suffers or permits any act or thing to be done in contravention or in violation o f any o f the provisions o f this Bylaw, or who neglects to do or refrains from doing anything required to be done by any o f the provisions o f this Bylaw, or who does any act which violates any o f the provisions o f this Bylaw, shall be deemed to be guilty o f an offence against this Bylaw and liable to the penalties hereby imposed. 17.2 Every person who commits an offence against this Bylaw is liable on summary conviction to a fine o f not more than $1,000.00 or imprisonment for a term not exceeding thirty days, or both. 18. GENERAL 18.1 It is the intention o f Band Council that each separate provision o f this Bylaw shall be deemed independent o f all other provisions, and if any provision o f this Bylaw is declared invalid all other provisions shall remain valid and enforceable. 18.2 This Bylaw shall apply to all Reserves. 18.3 This Bylaw shall come into force 40 days after the date o f mailing to the M inister o f Indian Affairs and Northern Development as required pursuant to section 82 o f the Indian Act. THIS BYLAW IS HEREBY made at a duly convened meeting o f the Council o f the Musqueam Indian Band this 2 day o f f t _______ , 2005. Voting in favour o f the bylaw are the follow ing members o f the Council: (Member o f the Council)
7 (Member o f the Council) ê ' - U S C l O (UÙSfflJs/UM (M ember/of the Council) A ^-'-'h s q «o iF c ^ A ^ e ^ (Member o f the Council) being the majority o f those members o f the Council o f the Musqueam Indian Band present at the aforesaid meeting o f the Council. The quorum o f the Council is ______ members. Number o f members o f the Council present at the meeting: (Member o f the Council) c j^ A re i-e S (Member o f the Council) (Member o f the Council) Q 0 - .
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