BY-LAW NO. 19__.__ of the Fort Nelson Indian Band A BY-LAW FOR THE PREVENTION OF DISORDERLY CONDUCT AND NUISANCES WHEREAS the Council o f the Fort Nelson Indian Band desires to make a by-law governing the prevention of disorderly conduct and nuisances, with respect to any matter arising out o f or ancillary to the exercise o f powers under section 81, and for the imposition o f a penalty for a violation thereof; AND WHEREAS the Council o f the Fort Nelson Indian Band is empowered to make such by law pursuant to paragraphs 81 (l)(d), (q) and (r) o f the Indian Act; AND WHEREAS it is considered to be expedient and necessary for the benefit, comfort and safety o f the inhabitants o f the Fort Nelson Indian Band to provide for the prevention o f disorderly conduct and nuisances on the reserve; NOW THEREFORE the Council of the Fort Nelson Indian Band hereby makes the following by-law: Short Title 1. This by-law may be cited as the “Fort Nelson Indian Band Reserve Disorderly Conduct and Nuisances By-law”. Interpretation 2. In this by-law, “Band” means the Fort Nelson Indian Band; “CounciF means the Council o f the Fort Nelson Indian Band; “Disorderly conducF means any act or behaviour, including: (a) fighting; (b) making or causing unreasonable noise; (c) using abusive language; (d) using offensive or indecent gestures or displays; (e) being drunk; (f) loitering;
(g) exposing, firing or discharging any gun, pistol or other firearm, or using or threatening to use any other article as a weapon, except in defense o f life or property; or (h) interfering in any manner with the orderly conduct o f 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; “Nuisance” means any act, activity or condition, including (a) the abandonment o f cars, household appliances or furniture, or parts o f 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 o f tires, grass, garbage, or other refuse; (e) the discharge o f any substance into the air or water; (f) noise; that materially impairs, otherwise than by direct physical interference, the use and enjoyment o f a person’s property, or that prejudicially affects a person’s health, comfort or convenience or the public health, safety or welfare o f 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 any other person appointed by the Council for the purpose o f maintaining law and order on the reserve; “Person” includes a corporation; “Reserve” means the reserve of the Fort Nelson Indian Band and includes all the Band’s Reserves. Disorderly Conduct 3.(1) Every one who creates or causes a nuisance is guilty o f an offense. (2) An officer may order any person who is engaging in any disorderly conduct to stop such conduct immediately.
Nuisance 4.(1) Every one who creates or causes a nuisance is guilty o f an offense. (2) 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 by an officer under subsection (2) was reasonable in the circumstances, a court 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 o f livelihood o f the person who is the subject of an order. Enforcement 5. (1) 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 exceeding thirty days, or to both.
TH IS BY-LAW IS HEREBY made at a duly convened meeting o f the Council o f the Fort Nelson Indian Band this 3 | st day o f S e p t , 19 °)5 . Voting in favour o f the by-law are the following members o f the Council: being the majority o f those members of the Council of the Fort Nelson Indian Band aforesaid meeting o f the Council. The quorum of the Council is three (3) members. Number o f members o f the Council present at the meeting: 3 I, Harvey Behn Chief Councillor o f the Band, do hereby certify that a copy o f the foregoing by law was mailed to the Minister o f Indian and Northern Development at the Regional office in accordance with subsection 82(1) of the Indian Act, this s t L (j(Memtber o f the Council) ru-^V—. (M ender o f the Council) (Member o f the Council) &lf>T day o f S&lf ■ , 19 *]*?
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.