Contenu de la décision
OCT 03 '97 11:10 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.06/13 /«2/é - 0 0 / 3 0 ÿJ-O -y-Oü/Zo DECISION #:___________ D A TE : A U G U S T 21.1997 FILE »: 08-04-97_______ 92 6 6 "97 SEP 2S 0230 P A G E : 1 O F 3 RESOLUTION OF THE J b i a c G ^ COUNCIL OF THE RAINY RIVER FIRST NATIONS T 0 Ç J 3 B Y-LA W N O .: 002-97 yuo n̂/oô5 A B Y -L A W R ES P EC TIN G TH E PR O H IB ITIO N O F LO U D N O ISES Lfôckxj tnuùl ON TH E R ESER VE J (T5 u n ) E N A C TE D TH IS D A Y O F S e p f C rvQ pgft>. 1997 W H E R E A S : A . Subsection 81(1), (d), (q ) and (r) of the Indian Act, R .S., 1985, c. empower the Counca of a First Nation to make by-laws for the prevention of disorderly conduct, and nuisances, matters ancillary to the exercise of this power, and penalties for violation of these by-laws; and B. The Council of Rainy River First Nations has deemed that loud noises are a nuisance that interfere in the comfort and safety of the residents of our Reserve. N O W TH E R E F O R E the Council of the Rainy River First Nations enacts the following by-law: 1. Short Title This by-law may be cited as the ‘ Noise Control By-Law*. 2. Interpretation In this by-law: a) “Council” means the Council of Rainy River First Nations; b) ‘ Motor Vehicle” indudes an automobile, motorcycle, snowmobile and any other vehide propelled otherwise than by muscular power; c) ‘ Noise* means unwanted sound that disturbs the use and enjoyment of a person's property, or that materially affects the health or safety of the residents of the Reserve, but does not include sound to the extent that it is necessary ter carrying on any business or any community event authorized by Council; d) “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 Coundl ter the purpose of maintaining law and order on the Reserve; e) “Reserve” means Rainy River First Nations, Manitou Rapids #11 J2
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uui kJJ '9Y 11:11 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P .07/13 2 -3. General Prohibitions No person on the Reserve shall cause, emit or permit the emission erf Noise which is dear audible on the Reserve, including but not otherwise limited to: a ) racing of any other motor vehide other than at arty racing event permitted by Coundl; b) the operation of a motor vehicle in such a way that the tires squeal; c ) the operation of any combustion engine without an effective exhaust or muffling device in good working order; d ) the operation of motor vehide hom or other warning device except where required in accordance with good safety practices; e ) the operation of a motor vehide with or without a trailer that results in banging, squealing or other similar sounds due to improperfy secured toad or equipment, or inadequate maintenance; f) the detonation, without the written permission of the Coundl, or fireworks or explosive devices not used in construction; g ) the discharge of firearms in, from or to any residential area of the Reserve; h) the operation of any radio, television, sound equipment, musical instrument or any other device intended for the reproduction of sound; which disturbs other Residents on the Reserve; i) persistent barking, calling or whining or other similar noise making, if such noise persists for a period of time in excess of fifteen (15) minutes, by any domestic pet or any other animal kept or used for any purpose. j) disturb the peace and quiet of the occupants of a dwelling house by shouting, swearing or using insulting or obscene language or by other disorderly conduct in or near a dwelling house 4. Exem ption Despite any other provision of this by-law, it shall be lawful to emit or cause to be emitted any sound in connection with emergency measures undertaken: a ) for the immediate health, safety, or welfare of the residents of the Reserve; or, b ) for the preservation of property. 5. Application to Council for Exemption Any person may make application to Council to be granted an exemption from any provision of this by-law , and Council may by resolution, refuse to grant the exemption or any grant of exemption applied for or any exemption of lesser effect. Any exemption granted shall specify the time period during which the exemption is effective, and the exemption may contain such terms and conditions as Councils sees fit. .............. J3
ucr 03 ’ 97 11:11 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P .08/13 • 3 • In determining whether to grant the exemption, Council shafl give the applicant and any person opposed to the application an opportunity to be heard, and may consider any other matter It deems appropriate. A ny breach by the applicant of any exemption or any of its terms or conditions shall render the exemption void. 6. Penalty Everyone who without permission of Council emits or causes to be emitted a nose contrary to the provisions of this by-law is guilty of an offence and is liable on summary conviction to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding 30 days or both. TH IS B Y -L A W IS H E R E B Y made a duly convened meeting of tee Council of tee Rainy River First Nations present at tee aforesaid meeting of tee Council. Voting in favour of tee by-law are tee following members of tee Council. QUORUM FOUR OUNCILLOR) (COUNCILLOR) (COUNCILLOR) Number of members of tee Council present at tee m eeting:. I, Jim Leonard II, Chief of die First Nations, do hereby certify that a true copy of the foregoing B y-Law was mailed to the M inister of Indian Affairs and Northern Development in _ T h u .n d e .e . &R<-\ , e> a j t pursuant to subsection 82(1) of the Indian Act, this day of io o 7 W ITN E S S : ) as to tee signature^) of: ) )
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