Contenu de la décision
C H IP P E W A S O F R A M A F IR S T N A T IO N Being a Band w ithin the meaning o f the Indian Act B Y -L A W N O . 13-01 Enacted on the 28th day o f October, 2013 B E IN G A B Y -L A W T O R E G U L A T E T H E U S E O F A L L T E R R A IN V E H IC L E S O N T O W N S H IP R O A D S WHEREAS the Chipp ewas o f Ram a First N ation recognizes and affirm s its inherent right o f self-governm ent and jurisdiction to pass laws and powers, and its authority pursuant to the Indian Act to create by-laws providing for the health and safety o f the residents on and visitors to the Ram a First N ation Territory; AND WHEREAS Section 81 o f the Indian Act, R .S .C . 1985 c. I-5, as amended, provides that a C h ie f and Council m ay pass by-law s relating to Rama First N ation; AND WHEREAS certain O ff-Road Vehicles, com m only know n as A ll-Terrain Vehicles, operating on Rama First N ation require regulation as to the operating hours and to prescribe a lower rate o f speed for said vehicles while on reserve lands to promote a safe, healthy com m unity; AND WHEREAS the C h ie f and Council o f Chippew as o f Ram a First N ation desire to perm it the operation o f A ll-T errain Vehicles on certain highw ays w ith in its territory under certain conditions; NOW THEREFORE the C h ie f and Council o f the Chippew as o f Ram a First Nation hereby enacts as follow s: 1. In this by-law : a. “ A ll-T erra in V ehicle” means an O ff-Road Vehicle that: i. has four wheels, the tires o f w hich are in contact w ith the ground; ii. has steering handlebars; iii. has a seat that is designed to be straddled by the driver or a side-by-side seat as built by the manufacturer; Regulation o f A ll-Terrain Vehicles Rama First Nation By-Law # 13-01 1
iv. is designed to carry a driver only and no passengers or i f a side-by-side as built by the m anufacturer designed to carry one passenger; v. has headlights, tail lights, and that these lights are on at all times; vi. has low pressure bearing tires; vii. has an operating brake light; viii. displays the required number plate and permit as prescribed by statute. b. “ Roadw ay” means a com mon and public road, highw ay, street, avenue, parkway, drivew ay, square, place, bridge, viaduct or trestle, or any part o f w hich is under the jurisdiction o f the Rama First N ation and is intended for the use o f the general public for the passage o f vehicles and includes the area between the lateral property lines thereof. 2 . A ll-T erra in Vehicles shall not be permitted on any property other than Roadways w ith in Rama First N ation. 3. For further clarity, A ll-T erra in Vehicles shall specifically not be permitted in Rama First N ation cemeteries, parks, baseball fields, walking trails, com m unity housing areas, Black River Park, M K E S / M A S K Arena or any other com m unity area or property. 4. A ll-T erra in Vehicles shall be permitted on all Roadways w ith in Rama First Nation under and in accordance w ith the Highway Traffic Act, Ontario Regulation 316/03 and the O ff "Road Vehicles A ct, as amended from time to time. 5. A n A ll-T erra in V ehicle shall not be operated on Roadways unless it meets the equipment requirements and is operated as outlined in the Highway Traffic Act, Ontario Regulation 316/03, including helmets w orn at all times by all drivers and passengers while on an A ll-T errain Vehicle. 6. A n A ll-T erra in V ehicle shall not be operated on Roadways between the hours o f 10:00 p.m. and 6:00 a.m. the follow ing day, inclusive. 7. A n A ll-T erra in V ehicle shall not be operated on Roadways at a rate o f speed greater than: a. 20 kilom etres per hour, i f the speed lim it for that part o f the Roadway is not greater than 50 kilometres per hour; or b. 50 kilometres per hour, i f the speed lim it for that part o f the Roadw ay is greater than 50 kilometres per hour. 8. N o person shall operate an A ll-T erra in Vehicle in such a w ay as to disrupt or destroy the natural environm ent or private property or any Ram a First N ation property. 9. N o person shall interfere or obstruct an officer carrying out h is/her duties enforcing this by-law. Regulation o f All-Terrain Vehicles Rama First Nation By-Law # 13-01 2
io. A n y person who contravenes any o f the provisions o f this by-law is guilty o f an offence and upon conviction is liable to a fine. n. T h is by-law w ill be enforced by the Rama Police Service and Rama By-Law Departm ent; 12. Should any section, subsection, clause, paragraph or provision o f this by-law be declared by a court o f competent jurisdiction to be invalid, this shall not affect the valid ity o f the by-law as a whole or any part thereof other than the provision(s) so declared to be invalid. 13. T H A T this by-law shall come into effect the day it is passed by C h ie f and Council. THIS BY-LAW IS HEREBY made at a duly convened meeting o f the C h ie f and Council o f the Chippew as o f Ram a First N ation this 28th day o f October, 2013. Voting in favour of this by-law are the following members of the Council; Chief and Council Signatures of Approval being the m ajority o f those members o f the Council o f the Chippew as o f Ram a First N ation present at the aforesaid meeting o f the Council. T he quorum o f the Council is four members. N um ber o f members o f the Council present at this meeting; ^ Regulation o f All-Terrain Vehicles Rama First Nation By-Law # 13-01 3
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