UO/ il : 25 'û'604 666 2670 BC REGION L.R.T ■ X Indm vtf NMWn Aildirti k> t x A t MikiCmtdi «( du >adi , • - - Vow in* ÀÜulroi Irdôn̂i «l Inutt BAND COUNCIL RESOLUTION RÉSOLUTION DE CONSEIL DE BANDE HOTE; Tha word* "From au/ Ooitd F und»" " C a p i ta l" *r n R iv in u t>' l whliK«Vf« l i tN* Qand Fund* * * * * * m u* » N O T À i Loo *O J| "#49 fond* 4% HOMO fcMtf* **C«p/r«?" Ow roV ontl" aafon /« «»• d»Jyor>f **m« !#• Jom4t 44* U f ltf» FMMlJl/V dofl* fOJlvA 1*4 fi*9lui)9t\g porlOAf 1Uf 4*9 d a 'p O T fC i ê the council or the le conseil de la BANDS INDIENNE * Kwayhqu ilium First Nation AGENCY district Vancouver province BritisM columbia nom de l'endkoi . Kwayhquitluia DATE OAŶ louS---- AD 19 • r^hwTET-0 ? HEREBY RESOLVE: D EC /O S, LES PRESENTES: A. a duly convened meeth* of the Kw.yhquitlnm Chief and Coaacil held June 9, 1998 be it resolved that; The Council wishes » implement bylaws for dr= well being and bes. interests of the Kwayhquitium First Nation and its members, It is further resolved that: The Council wishes the Deparunenl of Indian and Northern Affairs to certify and reg isg the by-law attached: By-law #102: A By-law for the prevention of disorderly conduct and nuisances. A quorum for th li Baud# Peut ca ft a band4 ta quorum oo< c u n tU4 i * l o u of Council Momhoro kfcct\br§ * du Gonaail FOR DEPARTMENTAL USE ONLY - RBSERVt AU MINISTERS 1. Band Fund Coda 2. COMPUTER BALANCEE - W L DES D'ORDfNATZUR 3* Expenditure Cad* du compi« dé bond# A. C ap ltsl B. Revenue ** A ivonu Oop«n«oo S S S 1 Rfcummoudod « Rocornm*nd»h/o A»proved -, Approuva bie Xo commanding Officer — ft* commando per £ W 0 | \,.^UO "}’ . r ! oui c Chrenoloilial He» - Numo'ra cpnac'cuiU ____ / g a g ______ Fllr l i l lN M i w N° 4$ »«/• du tfoaof*# l/~" f '■'} \ L .. 1 L n /■l In a l l r M O lv I l t A I r« 9 « i i ( l lA < M p t f t d l lW in |i» m C So u l r t r f e * n t H Capitol Boloncc ta ni tÆ i K Committed — Endiüâ S Current Revonue bnlnnca Cnir̂dO iVa /■ iisnii d Committed »• RnpmsA S x*. ‘Ô (Councillor — cenacif/orj (C ouncillor'•* ton#«i)/or) (Councillor — can*oi/lar]T ‘ ( Council! or — wn« iT/lTor> * 4* Authority - AuforHi i i Suurco u | Fund* Indian Art Soc Soütt4 dwa 1 and* Ailo do i# Loi »ur Jc« /mi ion* □ aS :v .r Approving Ôf f I e or -* A pprouri P or
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00/22/98 11:26 ©604 666 2670 BC REGION L.R.T. DRAFT Kwayhquitlum First Nation By-law Number:102 of Kwayhquitlum First Nation BEING A BY-LAW FOR THE PREVENTION OF . DISORDERLY CONDUCT. A m NUISANCES WHEREAS the Council of the Kwayhquitlum First Nation desires to make a by-law governing the prevention of disorderly conduct and nuisances, with respect to any matter arising out of or ancillary to the exercise of powers under section 81, and for the imposition of a penalty for a violation thereof; AND WHEREAS the Council of Kwayhquitlum First Nation is empowered to make such by-law pursuant to paragraphs 81 (1)(d), (q) and (r) of the Indian Act; AND WHEREAS it is considered to be expedient and necessary for the benefit, comfort and safety of the inhabitants of the Kwayhquitlum First Nation to provide for the prevention of disorderly conduct and nuisances on the reserve; NOW THEREFORE the Council of Kwayhquitlum First Nation hereby makes the following by-lawr Short Title l.This by-law may be cited as the "Kwayhquitlum First Nation Disorderly Conduct and Nuisances By-law". int e r p r e ta ti o n 2. In this by-law, 'Band' means the Kwayhquitlum First Nation Bâ id; 'Council" means the council of the Kwayhquitlum- First Nation Band; "Disox-deriy conduct means any act or behavior, including.
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06/22/98 11:26 ®604 666 2670 BC REGION L.R.T. 1]005 — à - 2-(a) fighting; (b) making or causing unreasonable noise; (c) using abusive language; (d) using offensive or indecent gestures or displays; (e) being drunk; -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 (b) interfering in any manner with the orderly conduct of commercial, administrative, educational, recreational, health care, religious, or ceremonial activities on the Reserve, that disrupts public order on the reserve, scandalizes the community, or causes public inconvenience, annoyance or alarm; "itfuisancre" means any act, activity or condition, including (a) the abandonment of cars, household appliances or furniture, or parts of cars, household appliances or furniture; (b) the storage of abandoned cars, household appliances or furniture* or parts of cars, household appliances or furniture; (c) the dumping or storage of tires, garbage or other refuse; (d) the burning of tires, grass, garbage, leaves or other refuse; (e) the discharge of any substance into the air or water; (£) noise; that materially impairs, otherwise than by direct physical interference, 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 any act, activity or condition to the extent it is unavoidably necessary for carrying on any business or other means of livelihood authorized by the Council; ^ 'Officer means any police officer,. police constable or other person charged with the duty to preserve and maintain the public peace, and by law officer or any. other person appointed by the Council for the purpose of maintaining law and order on the reserve; "Person1 includes a corporation; "Reserve" means the reserve of the Kwauhquitlum First Nation Band and includes the Baud' s, Reserve Numbers L and 2* Disorderly Conduct 3- (I) Everyone who commits an act of disorderly conduct is guilty of an offense.^
06/22/98 11:27 0604 666 2670 BC REGION L.R.T. — a -- 3 -(2) An officer may order any pe.rson who is engaging in any disorderly conduct to stop such conduct immediately. Ntn ,^nce 4 (1) Every one who creates or causes a nuisance is guilty of an offense. (21 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 of the nuisance; (b) the methods available to abate the nuisance; (c) the approximate time required to abate the nuisance; and (d) the effect of the order on any business or means of livelihood of the person who is the subject of an order. Enforcement 5 (i) 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 offense. Penalty 6.A person who commits an offense under this by-law is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceedingw thirty days, or to both. THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Kwayhquitlum First Nation Band this ______ day of 1998.
06/22/98 11:27 0604 666 2670 BC REGION L.R.T. @1007 —4— voting in favour of the by-law are the following members of the Council; Chi 4 af. L Mfitahex s o L f. the- Couac il 4 /LiJ. ‘'JûMùJr~ Member oX the Council .Member a£. the. Council Member of the Council-Member o£ the rnnnri1 being the majority of those members of the Council of the KwayhqLuitlum First Nation Band present at the aforesaid meeting
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.