BY-LAW NO- 579-1992-02 of the Lakahahmen Band A By-Law for the Prevention of Noise WHEREAS the Council of the Lakahahmen Band desires to make a by- law governing the prevention of noise, with respect to any matter arising out of or ancillary to the exercise of powers under section 8.1, and for the imposition of a penalty for a violation thereof ; AND WHEREAS the Council of the Lakahahmen Band is empowered to make such by-law pursuant to paragraphs 81(I0(d), (q) and (r) of thé Indian Ac t ; AND WHEREAS it is considered to be expedient and necessary for the benefit, comfort and safety of the inhabitants of the Lakahahmen Band to provide for the prevention of noise on the reserve ; NOW THEREFORE the Council of the Lakahahmen Band hereby makes the following by— laws SHORT TITLE 1.Lakahahmen Band Noise By-Law. INTERPRETATION 2-1n t hi s b y — law, ‘'band'' means the Lakahahmen Band; "construction" includes erection, alteration, repair, dismant1ing, demolition, structural maintenance, painting , moving, land c1ea r in g , ear t h mov ing, grading, e x c ava t in g , the laying of pipe and conduit whether above or below ground level, street and highway' building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in conne c t ion t he rewith; "construction equipment" means any equipment or device designed and intended for use in construction or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, true: tors , excava tors , trenc hers , c ran es , derricks ., 1 oaders , scrapers, pavers, generators, off-highway haulers or trucks, d i tchers, compactors and ro11ers, pumps, conerete mixers, g rad ers o r o t he? r ma ter i a 1 han d 1 i n g eq u i pmen t ;
1 ' c o n v e* y ance" i n c: I u d e s a v 0 h ici 0 a n d an y other de v ice employed to transport a person or persons or goods from P1 a c e t o p ]. a c e b u t doe s n o t .1. n c lude an y such de v ice or vehicle if operated only within the premises of a person; "Counc i1M mean s t he Counc i 1 , as defined in the In d ian Ac t, 0 f t he La k a h a hi m e n B a n cl ; "motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars of electric or steam rai 1ways, or other motor vehic1es running on 1y upon rai 1s , or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-bui1ding machine within the meaning of the Highway Traffic Act; "noise” means unwanted sound that materially impairs the use and enjoyment of a person's property, or that prejudicially affects a person's health, comfort or convenience or the public health, safety or welfare? of the reserve community, but does not include a sound to the? extent it is unavoidably necessary for carrying on any business or other means of 1 i v e 1 i. h o o d a u t h o r i zed b y t h e C o u n c i 1 ; "point of reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received; "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 aff ic.er or any other person appointed by the Council for the purpose of maintaining law and order on the reserve; "person" i n c1udes a c o r poration; "reserve" means the reserve of the Lakahahmen Band and inc 1udes the Band's Reserves No„ 's 2,4,5,8,9,10,11, and 12 « ZONES 3.All lands within the geographic limit of the reserve no.'s 2,4,5,8,9,10,11, and 12 shall be considered as the area affect by this by-1 aw„ General prohibitions 4.No person shall emit or cause or permit the emission of sound resulting from an act listed herein, and which sound is clearly a u d i. b le at a p o i n t o f r e c: e p t. i o n 2 a) racing of any motorized conveyance other than in a racing eve n t reg u1 a t ed by law;
b) the operation of a motor vehicle in such a way that the tires squeal ; c ) the operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and in constant operation; d) the operation of motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices; e) the operation of any item of construction equipment within the reserve without effective muffling devices in good working order and in constant operation; Prohibitions by time and place 4 -No person shall emit or cause or permit the emission of sound resulting from any act listed in "Table in if clearly audible at a point of reception located within the reserve within the prohibited time as shown. TABLE i Pr o hi b it i on b y_time Prohibited time The detonation of fireworks or explosive devices, not used in construction, without permit except where permitted by the Eiand Council ................. .At all times No discharge of firearms, without permit, except where permitted by the Band Council................. .At al 1 times The operation of any electronic device or group of connected electronic devices incorporating one or more 1ou ds peak e rs or o t he r electro-mechanical transducers, and i ntend ed f or t h e p rod uc t i on, rep roduct i on or amplification of sound . ...................................... ........ 9 pm to 7 am The operation of any auditory signalling device, including but not limited to the ringing of bells, except for religious services, or gongs., and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means, except where required or authorized by law or in accordance with good safety practices- . ........................ . .9 pm to 7 am The? operation of any motorized conveyance other than on a highway or other placez intended for its operation... 11 pm to / am
Persistent barking, calling or whining or other similar noise making, if such noise persists for a period of time i. n e x c e s s o f t i f t e e n m i n u t es, b y a n y domestic pet or an y other animal kept or used for any purpose other than agricultural ....................................... . . . .9 pm to / am (all times?) Loading, un loading ? delivering, packing, unpacking, or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for the maintenance of essential services, or the moving of private household effects............................................ . 9 pm to 6 am The operation of any equipment in connection with construe tion . .................. . 10 pm to 7 am The operation or use of any tool for household purposes other than snow removal. ....................... 10 pm to 7 am EXEMPTION 5.Notwithstanding any other provision of this by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken;; a) for the immediate health, safety or welfare of the inhabitants or any of them; or b) for the preservation or restoration of property; unless such sound or vibration is clearly of a longer duration or nature more? disturbing ? than is reasonably necessary for the accomplishment of such emergency purpose. GRANT OF EXEMPTION BY COUNCIL Application to Council 6.Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provision of this by-law with respect to any source of sound or vibration for which he might be prosecuted and Council may, by resolution;, reef use to grant any exemption or may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time periodn not in excess of six months, during which it is effective and may contain such terms and conditions as Council sees fit. Decision 7.In deciding 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 such other matters as it seers fit.
Reapplication 8-Where? an application made? under section 6 is refused, the Conn c il is not req u i red to c on s i d e r an y f u r t he r a p p 1 i c: a t i on by that person for a period of one (1) year from the date of the refusal, unless the applicant can show that there has been a ma te r i a 1 c hang e of ci rcumstances. Breach 9.Breach by the application of any of the terms of any exemption granted by Council shall render the exemption null and void. Offence 10-(1) Every one who creates or caused a noise contrary to the provisions of this by-law is guilty of an offence. (2) An officer may order any person who is causing or who threatens to cause a noise on the reserve to refrain from causing the noise or to abate the noise with such period as is reasonable in the circumstances. (3) In determining whether a period fixed by an officer under subsection (2) was reasonable in the circumstances, a court s h a 1 1 t a k e i. n t o a c c o u n t (a) the nature a n d e x t e n t o f the noise; (b) the methods available to abate the noise; (c) the effect of the order on any business or means of 1ive1i hood of the person who is the subject of an order Enforcement 11. (1) Where a person who has been ordered to refrain from causing a noise or to abate a noise with a specified period, fails or refuses to comply with the order, an office may take such reasonable measures as are necessary to abate the noise. (2) A person who fails or refuses to comply with an order made under this by-law or who resists or interferes with an officer acting under this by-law, commits an of fence. Penalty 12. A person who commits an offence under this by-law is liable 0 n s u f in m a r y c o n v i c t i o n t o a f i ne not exceeding $ 1,000 « 0 0 or to 1 rn p r i s o n m e n t f o r a ter m n o t e x c e e d i n g t h i r t y days.
Lakal>al)mei) Telephone:(604)826-7976 Fax No. 826-0362 THIS BY-LAW IS HEREBY mude at a duly convened meeting of the Council of the Lakahahmen Indian Band this 15th day of April, 1992. Voting in favour of the by-law are the following members of Counci 1 : being the majority of those members of the Council of the Lakahahmen Band present at the aforesaid meeting of the Council. The quorum of the Council is 3 members. Number of members of the Council present at the meeting: 4. I, George Campo Chief of the Band, 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 Regional office pursuant to subsec txon 82(1) of the Indian_Act,_this 7th day of May, 1992. ..ÔlLulî__ ( UJx tness ) Band Office — 41290 Lougheed Hwy., R.R. 1, Déroché, B.C. VOM 1G0
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