Contenu de la décision
BY - LAW NO. 1992.2 OF THE QUATSINO INDIAN BAND A BY - LAW FOR THE PREVENTION OF DISORDERLY CONDUCT AND NUISANCES WHEREAS the Council of the Quatsino Indian Band desires to make a by-law governing the prevention of disorderly conduct and nuisances, with respect to any matter arising out of or a th n e c il i l m a p r o y s it to i on t he o f e p x e e n rc a i l s t e y o f f o r po a we v r i s o la u t n i de o r n t s h e e c r t e i o o f n ; 81, and for AND WHEREAS the Council of the Quatsino Indian Band is empowered to make such by-law pursuant to paragraph 81 (1) (d), (q) and (r) of the Indian Act; AND WHEREAS it is considered to be expedient and necessary for the benefit, comfort and safety of the inhabitants of the Quatsino Indian Band to provide for the prevention of disorderly conduct and nuisances on the reserve; m N a O k W e s T H t E h R e E F f O o R l E l o t w h i e n g C o b u y n c l i a l w : of the Quatsino Indian Band hereby SHORT TITLE 1. This by - law may be cited as the "Quatsino Reserve Disorderly Conduct and Nuisances By-Law". INTERPRETATION 2. In this by-law, "Band" means the Quatsino Indian Band; "Council" means the Council of the Quatsino Indian Band; "Disorderly conduct" means any act or behaviour including ( (a b ) ) m f a i k gh i t n i g n g o ; r causing unreasonable noise; (c) using abusive language; (d) using offensive or indecent gestures or displays; (e) being drunk; ( (g f ) ) e l x o p i o t s e i r n i g n , g ; firing or discharging any gun, pistol or other firearm, or using or threatening to use any other article as a weapon, except in defence of life o t r h at p rop d e i r s t r y, upts public order on the reserve, scandalizes the community, or causes public inconvenience, annoyance or alarm;
- 2-( "Nuisance" means any act, activity or condition including (a) the abandonment of cars, household appliances or f f u u r r n n i i t t u u r r e e ; , or parts of cars, household appliances or (b) the storage of abandoned cars, household appliances or furniture, or parts of cars; (c) the dumping or storage of tires, garbage or other refuse; ( ( d e) ) n t o h i e s e d ; ischarge of any substance into the air or water; that materially impairs, otherwise than by direct physical interference, the use and enjoyment of a person's property, or that prejudically effects a person's health, comfort or convenience or the public health, safety or welfare of the reserve community, but does not include any act, activity or condition to the extent it is unavoidably necessary for a ca ut rr h y o i r n i g z ed on b y a Co n u y n ci b l u ; siness or other means of livelihood "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 the Council for the purpose of maintaining law and order on the reserve. "Person" includes a corporation; "Reserve" means the reserve of the Quatsino Indian Band and includes the Quatsino Reserve, NO.18. DISORDERLY CONDUCT 3. (1) Every one who commits an act of disorderly conduct is guilty of an offence. (2) An officer may order any person who is engaged in any disorderly conduct to stop such conduct immediatly. NUISANCE 4. (1) 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-(3) In determining whether a period fixed by an officer under subsection (2) was reasonable in the circumstances, a court shall take into account (a) the nature and extent of the 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 o a f n o l r i d v e e r l . ihood of the person who is the subject of ENFORCEMENT 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 subsection 3(2) or subsection 5(1), committes an offence. PENALTY 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. This by-law is hereby made at a duly convened meeting of the Council of the Quatsino Indian Band this day oi 1993. Voting in favour of the by-law are the following members of the Council:
( •-N»-"-.'y ^ v j V v \ ; ~ 0 PMBER QT\ COUNCIL ) ( M ember of / council ) being the majority of those members of the Council of the Quatsino Indian Band present at the aforesaid meeting of the Council. The quorum of the Council is three members. Number of members of the Council present at the meeting: I, HSrV € 0 <2- C X cSa v __________ Chief/Councillor of the Indian Band, .do hereby certify that a true copy of the foregoing by - law was mailed/faxed/hand delivered ( as the case may be ) 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 \ - V ^ day of t S o p , 1993. (WITNESS)
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