Contenu de la décision
SoA/ff ̂̂i HIAWATHA INDIAN RESERVE 7 ^ af, 'ŸZST BY-LAW NUMBER 6 A BY-LAW TO REQUIRE OWNERS OF PRIVATELY-OWNED OUTDOOR SWIMMING POOLS TO ERECT AND MAINTAIN FENCES AND GATES AROUND SUCH POOLS WHEREAS paragraphs (L) and (R) of Section 81 of the Indian Act empower the Council to make by-laws respecting the regulations of owners of privately-owned outdoor swimming pools to erect and maintain fences and gates around such pools and for prescribing the height and description of, and the manner of erecting and maintaining such fences and gates. NOW THEREFORE THE COUNCIL OF THE HIAWATHA INDIAN RESERVE ENACTS THE FOLLOWING: 1. In this by-law, (a) Privately-owned outdoor swimming pool, hereinafter referred to as a pool, means any privately-owned body of water located outdoors, contained in part or in whole by articifidal means in which the depth of water at any point can exceed twenty-four (24) inches and which is used or capable of being used for swimming, diving or bathing; (b) Owner includes lessee, tenent or person in possession of property on which a privately-owned outdoor swimming pool is located; (c) Enclosure means a fence, wall or other structure, including doors and gates, completely surrounding a pool. 2. No person shall fill a pool with water or allow a pool to be filled with water until an enclosure complying with the provisions of this by-law has been erected. 3. Such enclosure shall extend from the ground to a height of not less than four feet. 4. A fence forming part of an enclosure, shall (i) be located not closer than four feet to a pool; (ii) have no rails or other horizontal or diagonal bracing or attachments on the outside that would facilitate climbing; (iii) in no part consist of barbed wire or other material having similar dangerous characteristics and no device for projecting an electric current through said fence; (iv) if of chain link construction, be (a) of not greater than two inch diamond mesh. (b) constructed of galvanized wire not less than 13 gauge, diameter. (c) supported on substantial posts of wood or steel not more than 10 feet apart. (v) if of wood construction, be (a) of vertical boarded construction attached to supporting members in such a manner as not to facilitate climbing from the outside. (b) supported on substantial posts not more than eight feet apart which are securely embedded in the ground. (vi) if of any other material and construction, provide an equivalent degree of safety as that of chain link or wood construction. 5. Gates forming part of an enclosure, shall (i) be of construction and height equivalent to that required for the fence (ii) be supported on substantial hinges (iii) be self-closing and equipped with self-latching devices placed at the top and on the inside of said gates. 6. Any door providing access from a building forming part of an ■ >*■ l r\ ç i j v ■ ■ k n t h o t h :t r\ :'} rl ? i n r ] ha .1 f n i n 1 i ; n n
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P.y-LclW 0 7 Every gate providing access to a pool shall be kept locked at ( times v/hen a responsible person is not present and supervising the pool. 8. A boundary fence which complies with the provisions of this by-law shall be deemed to be a sufficient enclosure. 9. The provisions of this by-law shall apply to all pools regard less of the date of construction. 10. Any person who contravenes any provision of this by-law is guilty of an offence and is liable, on summary conviction of a fine not exceeding S100.00, or imprisonment for a term not exceeding thirty days, or both, for violation of a by-law made under this section R.S. c 149, s 80. 11. This by-law shall come into force and take effect on May 18, 1978, and any owner complying with the regulations herein contained at such date shall drain his pool and keep it drained until such times as said regu lations are complied^ with. ’2. Approved and passed at a duly convened meeting of the Hiawatha Band Council this 14‘th day of April 1978. (CARL F. COWIE) CHIEF (NEIL PAUDASH) COUNCILLOR (ARCHIE COWIE) COUNCILLOR
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