Pictou Landing First Nation Ntiteance By-law BY-LAW NO. 1999-12 of the Pictou Landing Band A By-law for the Prevention of Disorderly Conduct and Nuisances _____ day of______________________ ,19 W H E R E A S the Council o f the Pictou Landing Band desires to make a by-law governing the prevention o f disorderly conduct and nuisances, with respect to any m atter arising out o f or ancillary to the exercise o f pow ers under section 81, and for the im position o f a penalty for a violation thereof; A N D W H E R E A S the Council o f Pictou Landing Band is empowered to make such a by-law pursuant to paragraphs 81(l)(d), (q) and (r) o f the Indian Act: A N D W H E R E A S it is considered to be expedient and necessary for the benefit, com fort and safety o f the inhabitants o f the Pictou Landing Reserve to provide for the prevention o f disorderly conduct and nuisances on the reserve; T H E R E F O R E the Council o f Pictou Landing Band hereby makes the follow ing by-law: Short Title 1. This by-law may be cited as the “Pictou Landing Reserve Disorderly Conduct and Nuisances By-law”. Interpretation 2. In this by-law, "Band” means the Pictou Landing Band; "Council” means the Council o f the Pictou Landing Band; "Disorderly conduct” means any act or behaviour, including (a) fighting; 1
(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; “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 funiture; (b) the storage of abandoned cars, household appliances or furniture, or parts o f cars, household appliances or furniture; (c) the dumping or storage o f tires, garbage or other refuse; (d) the burning of tires, grass, garbage, leaves 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 of 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 o f 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 a by-law officer or 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 o f the Pictou Landing Band and includes the Band’s Reserves No.24,24G, IR37, Indian Island, Mules Island and Franklin Manor. Disorderly Conduct 3. (1) Everyone who commits an act o f disorderly conduct is guilty o f an offence. 2
(2) An officer may order any person who is engaging in any disorderly conduct to stop such conduct immediately. Miiisanw 4. (1) Everyone who creates or causes a nuisance is guilty o f an offence. (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 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 o f livelihood o f the person who is the subject of an order. EnfQrgsBigut 5. (1) Where a person who has been ordered to stop engaging in disorderly conduct, or to retain 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 resists or interferes with an officer acting under subsection 3(2) or subsection 5(1), commits an offence. Penalty 6. 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 (30) days, or to both. 3
TH IS BY-LAW IS HEREBY made at a duly convened meeting o f the Council at the Pictou Landing Band this_____ / 7 _____________ day of, 19^ / _________________ . Voting in favour of the by-law are the following members of the Council: / / > 0 (Me;mber ofronhie Council) Q^ember o f the Council) u . (M 77 ember of the Council) (Member o f the Council) being the majority o f those members of the Coimcil o f the Pictou Landing Band present at the aforesaid meeting o f the Council. The quorum o f the Council is 3 members. Number of members o f the Council present at the meeting: I, (jB H Ltd_ & Chief/Council of the Band, do hereby certify that a true copy o f 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 A ct this 1 2 ^ 4 ._________ day of 19 f f ______ ________• 4
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