Part II - Enacted First Nations Legislation

Decision Information

Decision Content

S o (<- j~> i ■■' 1 ^ -7 CTP T '7 ; A C /. F; 1 !•) D A K S) C 0 u K .0 1 L m e i-ux f a i r o f f ic e , s 4 hep :to 1974 }>.v -T..q.w~ 7/».--3 of the Council of Shnbpviaccclto Jfndica Jlrud roagfjctlri Ro.gulat:V-a o.f Traffic. WTHOTiT Enacted pursuant bo Clauses (b)> (c), (ci), and (r) of Section ol of the Indian Act R. S. C. 1970 C. I. - 6, APPLICATION 1, This Iy--Lav; shall apply to all roads within the Kiokac Indian Reserve, DSFitrmoss 2 . In tills By-Law (a) ’’Roads includes ary roadway, driveway, street, lane, right of way, or other place open to the public for the passage of vehicles. (b) ^vehicles imns ary wagon., cart, color car, motor biraclu, trailer, Motorcycle, tioctio:a engine, tractor- road raking Macldrary or other convg/..aice that is dr.A von, propelled or drawn by cry kind of pov<er and includes s cnovnohite, r.otox sled, ski--coo or ski-ocittipped vehicle* :bic y c l : •.ear:;3 C; V;khi cl-' j .tor the: c a r r ia g e O.? p3>33 on 3 , v;r ic h :1.0 DVOj.n i l by ] i V•.rea-1. per. te' havlvjg tv-o ta:nd-am v h e e lo ei t h e r o f v;h:l ch i s OV0 *0 uV, 3 A 1 t/fV . ‘.aches in dinria bor .and :*. n c lu d r a ay cle *.bee adOpted frrvri o. b ic y o jja bv ucid.ita.on o f ono o r K'.re va 8:h! 3 , EAfTICUbAF CFFEiOl-d Po pars W: shall pari' or ’• 3 gy .-;/ vehiela at the y'o sec cie he y.u.ie-d vp the Como i f c i the tvv* a o a.ai.o ! a*3 a 0 0b 0* -.rhlch r >vr,.byg or ro btopp:: ve •' g treat bed darina t hr v.:lmn 0 0C . h t i . aMlv iv.,n A.. ;vr fU. r’.:-blo , bo p - •; 3 naff. panic or oc-op oy vein d r bo ao to ::apron: ci 0 C 8 3 bo ary paoparty > or r r r or in t h e tnbk'roactio- of boo reeds or :lr a rv: oil-or pXr.ee v;'bore c;n?.h rohicla raitfnt ; hi'.r.-;rfere with ta- : f i l e ;
:j , bveay rir.lv-?.’ 01 f vehicle shall bring hi s/her vehicle \:.n ; . complete stop at a:’ go a erreoted under the authority of th? Bard Council. 6. Ko pursen shall operate o vehicle at a rate of spaed in excess of the speed designated by the Band Council vrbxthin any area o( v»ne -eserv-s. 7. bo parson shall park a bicycle on a roadway or sidewalk except in such a v/a y as to cause the least possible obstruction to pedestrians and vehicle traffic. EKFORCElffSif 8. Ary peace officer is hereby empowered to enforce this by-law end all applicable laws including the Indian Reserve Traffic Regulations on all roads v/ithi& the i-'icMao Indian Reserve, 9. Any peace officer may issue a ticket on view ary person cont­ ravening any Law on the road v.dthing; the said Reserve and nay issue a ticket on any such offender after the commission of the offence upon reasonable information as to the nature of the offence and as to the offender, 10. Vfuenaver a vehicle or bicycle in in violation of ary provisions of this by-lav/ or in violation of the Indian Reserve Traffic Regulations, any peace officer who finds the violation or has reasonable grounds to believe the violation was committed, may forth with issue and deliver to the driver of the vehicle or bi­ cycle or deposit in a conspicuous place on the vehicle or bi­ cycle n copy of the ticket in the form annexed, to the present By-Lav; as Schedule A. 11. In addition, to the issue of the ticket mentioned in section 10 hereof, any peace officer is authorised to remove or cause to be removed, by the use of a service vehicle, tow-truck or other suitable means, any vehicle or bicycle parked or stopped in violation of any of the provisions of this by-law at the expense of the driver, or failing hira, the owner, of the said vehicle. Any vehicle or bicycle so removed shall not be released by such peace officer until the expenses of .removed and/or storage have been paid by the driver or the owner of the vehicle, as the cane irey be ct the Band Manager office, such peace officer shall incur no civil or criminal liability in connection with such re-noval or refusal to release any impounded vehicle for which the removal and storage charges have not been paid.
I\ OGlU ; Th‘! /'in';:; fir the offuncos uudv;' this ly-~L?.u aco ar- rollon:;: (a) vi.olat-5.on of paxking offences . undei' flection 3 and. Section />. SIX') or ? days in j-riX. (b) violation of Section 5 $10.00 or 7 days in jail. (c) violation of Section 6, not less than $10,00 and not iwe than $50.00 or 7 days in jail. (cl) violation of Section 7, $1.00 or 7 days in jail. (o) The Band Council m y by regulation increase the amount of v fine for any offence and nay be regulate on designate special fines where a person has boon convicted of the same offence more than once. 13* The Band Council by regulation may decide for what offences the accused may pay the fine to a person designated by the Band Council and, therefore, prevent penal prosecution. KEGUJATIOI: 14* The Band Council m y make regulations: (-: ) designating the rate of speed allowable in spy . area cC the reserve. (b) designating areas of no par Icing and no stoppii' (c) designating where shop tiigns Tv 11 be placed (cl) designating to who’;a tines can be paid to escape penal pro s e ci i d i. o n (e) deslgrrihlng for nhat offences the accused can pay his fine to the person designated under Section, 14 (cl) of this by-Lev;* (f) generally for carrying out the purpose of by -lav/.
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