Contenu de la décision
APR 0? ’9Î 13:5? FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.02/12 BY-LAW NO. 1998*1 ^ of the Constance Lake First Nation A By-Law for the Prevention of Disorderly Conduct and Nuisances Enacted on the • day o f __________ 1998 W HER (VS the Council of Constance Lake First Nation desires to make a by-law govern ig the prevention of disorderly conduct and nuisances, with respect to any matter irising out of or ancillary to the exercise of powers under section 81, and for the imjfcsition a penalty for a violation thereof; A N D VAiEREAS the Council of Constance Lake First Nation is empowered to make such bv-law pursuant to paragraphs 81 (1) (d), (q) and (r) of the Indian Act: A N D vytiEREAS it is considered to be expedient and necessary for the benefit, comfort and safety of the inhabitants of the Constance Lake First Nation Reserve to provide for the prevention of disorderly conduct and nuisances on the reserve; N O W 1 HEREFORE the Council of Constance Lake First Nation hereby makes the followii 3 by-law: Short 1 Be 1. lis by-law may be cited as the 'Constance Lake First Nation Disorderly anduct and Nuisances By-law". interest ation 2. this by-law, First N tian " means the Constance Lake First Nation; "Court g means the Council of the Constance Lake First Nation; Disord riy conduct" means any act or bahaviour, including 0 1 fighting; (I ) making or causing unreasonable noise; using abusive language; using offensive or indecent gestures or displays; being drunk; Iff loitering; exposing, firing or discharging any gun, pistol or other firearm, or using or threatening to use any other article as a weapon; or
APR 07 ’ 9! 13:57 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.03/12 B y-L a # No, 1998.1 of the Constance Lake First Nation A B y -fe w for the Prevention of Disorderly Conduct and Nuisances Enact® on the , dav of 1998 j|h) interfering in any matter with the orderly conduct of commercial, administrative, educational, recreational, health care, religious or ceremonial activities on the Reserve, ) hanging on to the bumper or exterior of a moving motor vehicle that dw u p ts public order on the reserve, scandalizes the community, or causes public incomlfnience, annoyance or alarm; nNu/si rce" means any act, activity or condition, including; i) the abandonment of cars, household appliances or furniture, any parts of cars, household appliances or furniture; the storage of abandoned cars, household appliances or furniture, or parts of cars, household appliances or furniture; the dumping or storage of tires, garbage or other refuse; the burning of tires, grass, garbage, leaves or other refuse; the discharge of any substance into the air or water; noise; that mB iterially impairs, otherwise than by direct physical interference, the use and enjoyn£ w i it of a person's property, or that prejudicially affects person's health, comfort or confe * nience or the public health, safety or welfare of the reserve community, but does n n include any act, activity or condition to the extent it is unavoidably necessary for carfi ing on any business or other means of livelihood authorized by the Council; 'Office, " means any police officer, police constable or other person charged with the duty tclp preserve and maintain the public peace including peacekeepers and Canadian Rangeij and a by-law officer or any other person appointed by the Counci) for the purposi of maintaining law and order on the reserve; ‘Person " i jcludes a corporation; "Reserve * means the reserve of the Constance Lake First Nation and includes Reserve No. 921182). Disorderly Conduct 3.(1) Everyone who commits an act of disorderly conduct is guilty of an offense. a |> officer may order any person who is engaging in any disorderly conduct to J stop such conduct immediately. Page 2 of 4
APR 07 39 14=39 FR INDIAN AFFAIRS THBAY 807 623 7021 TO 18199970034 P.05/05 By-L iw No. 1998.1 of the Constance Lake First Nation A B' Law for the Prevention of Disorderly Conduct and Nuisances Enatled the day of 1998 Null nca 4. ( ’ j Every one who creates or causes a nuisance is guilty of 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 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 or livelihood of the person who is subject of an order. Enfo iment 5. (1 Where a person who has been ordered to stop engaging in disorderly conduct, or to refrain 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 who resists or interferes with an officer acting under subsection 3 (2) or subsection 5 (1), commits an offence. Pena y 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 days, or to both. Page 3 of 4 ** TOTAL PAGE.05 **
APR 0? *9‘ 14:40 FR INDIAN AFFAIRS THBAY 80? 623 7021 TÛ 18199970034 P.01/01 B y-La v No. 1998.1 of the Constance Lake First Nation A By .aw for the Prevention of Disorderly Conduct and Nuisances Enact d on_the_____ day of _ _ _ _ _ _ 1998 Ret (The fallowing section is to be incorporated into this by-law only if you already have a by-law regulating disorderly conduct and nuisances in place for your community that you wish to repealf îy-law num ber, enacted on the th day of 19 , and being By-law to regulate disorderly conduct and nuisances r be and the same is lereby repealed. TH IS ftY-LAW IS HEREBY made at a duly convened meeting of the Council of the Constlnce Lake First Nation this /7 day of fiAfrfiCb/' 1998. V oting in favour of the by-law are the following members of Council: (Member of the Council) (Member of me <Council) ((Member of the Council) (Member of the Council) (Member of the Council) (Member of the Council) being t ie majority of those members of the Council of the Constance Lake First Nation present at the aforesaid meeting of the Council. Th e q u i rum of the Council is 4 members. Numbe| of members of the Council present at the m e e tin g :________ \ .K * J L u * a , Chief/Councillor of the Band, do hereby certify that a true copy oflthe 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 M day of M ûac 1998. v (Witness) (Chief/Councillor) Page 4 of 4 ** TOTAL PAGE.01 **
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