BY-LAW NO. 1999.01 of the Dakota Tipi First Nation Band A By-law for the Prevention of Disorderly Conduct WHEREAS the Council of Dakota Tipi First Nation Band desires to make a by-law governing the prevention of disorderly conduct, 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 the Dakota Tipi First Nation Band 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 Dakota Tipi Reserve to provide for the prevention of disorderly conduct on the reserve; AND WHEREAS the Council of the Band did enact By-law Number 5 on the 7th day of October, 1981, and wishes to repeal the said By-law Number ü and replace it with this by-law; NOW THEREFORE the Council of Dakota Tipi First Nation Band hereby makes the following by-law: Short Title 1. This by-law may be cited as the "Disorderly Conduct By law". Interpretation 2. In this by-law, "Band" means the Dakota Tipi First Nation Band; "Council" means the Council of the Dakota Tipi First Nation Band; "Disorderly conduct" 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; or (h) 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; "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 officer or any other person appointed by the Council for the purpose of maintaining law and order on the reserve; "Person" includes a corporation; "Reserve" means the reserve of the Dakota tipi First Nation Band. Disorderly Conduct 3. (1) Every one who commits an act of disorderly conduct is guilty of an offence. (2) An officer may order any person who is engaging in any disorderly conduct to stop such conduct immediately. Enforcement 4.(1) Where a person who has been ordered to stop engaging in disorderly conduct, fails or refuses to comply
with the order, an officer may take such reasonable measures as are necessary to stop the disorderly conduct. (2) A person who fails or refuses to comply with an order made under subsection 3(2), or who resists or interferes with an officer acting under subsection 4(1), commits an offence. Penalty 5. A person who commits an offence 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. Repeal 6. By-law number 5 enacted on the 7th day of October . 1981. and being a By-law to regulate disorderly conduct is repealed. This by-law is hereby made at a duly convened meeting of the Council of the Dakota Tipi First Nation Band this day of Juns 1912.. Voting in favour of the by-law are the following members of the Council: __ , A - •• hief Detinis Pashe ouncillor Karl Pashe being the majority of those members of the Council of the Dakota Tipi First nation Band present at the aforesaid meeting of the Council.
The quorum of the Council is 2 members. Number of members of the Council present at the meeting: I, Dennis Pashe, 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 District/Regional/ Hull office (as the case may be) pursuant to subsection 82(1) of the Indian Act, this __ hday of June 1 9 9̂ iQ QaA&pj._ (Witness)
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