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07/14/97 10:26 ©604 666 6474 LANDS TRUST SERV @002/005 BY-LAW NO. 1997.01 * o f the Little Shuswap Lake Indian Band A By-law for die Prevention of Disorderly Conduct and Nuisances Enacted on the day o f -i m y_______, 1997 WHEREAS the Council o f the Little Shuswap Lake Indian Band desires to make a by-law governing the prevention o f disorderly conduct and nuisances, with respect to any matter arising out o f or ancillary to the exercise o f powers under section 81, and for the imposition o f a penalty for a violation thereof; AND WHEREAS the Council o f the Little Shuswap Lake Indian Band is empowered to make such by-law pursuant to paragraphs 81(lXd), (q) and (r) o f the Indian Act: AND WHEREAS it is considered to be expedient and necessary for the benefit, comfort and safety o f the inhabitants o f the Little Shuswap Lake Reserves to provide for the prevention o f disorderly conduct and nuisances on the resave; NOW THEREFORE the Council o f the Little Shuswap Lake Indian Band hereby makes the following by-law:
07/14/97 10:26 ©604 666 6474 LANDS TRUST SERV - 2-ShmtlUte 1. This by-law may be cited as the "Little Shuswap Lake Indian Band Disorderly Conduct and Nuisances By-Law". 2. In this by-law, "Bend' means the little Shuswap Lake Indian Band; "Council” means the Council o f the little Shuswap Lake Indian Band; "Disorderly conduct" means any act or behaviour, including (a) fighting; (b) making at causing unreasonable noise; (c) using abusive language; (d) using offensive or indecent gestures or displays; (e) being drunk; (f) loitering (g) exposing, firing or discharging any gun, pistol or other firearm, or using or threatening to use any other article as a weapon; or (h) interfering in any manna- with the orderly conduct o f commercial, administrative, educational, recreational, health care, religious or ceremonial activities on the Reserve, that disrupts public order on the reserve, scandalized the community, or causes public inconvenience, annoyance or alarm; "Niâsence" means any act, activity or condition, including (a) the abandonment o f cars, household appliances or furniture, or parts o f cars, household appliances or furniture; (b) the storage o f abandoned cars, household appliances or furniture, or parts o f cars, household appliances or furniture; (c) the dumping or storage of tires, garbage or other refuse; (d) the burning o f tires, garbage or other refuse; (e) the discharge o f any substance into the air or water, (f) noise; that materially impairs, otherwise than by direct physical interference, the use and enjoyment o f a person's property, or that prejudicially affects a person's health, comfort or convenience or the public health, safety or welfare o f the reserve community, but does not include any act, activity or condition to the extent it is unavoidably necessary for carrying cm any business or other means o f livelihood authorized by the Council;
07/14/97 10:26 0604 666 6474 LANDS TRUST SERV @004/005 -3-"Offtcer" 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 o f maintaining law and order on the reserve; "Person" includes a corporation; "Reserve" means the reserve o f the Little Shuswap Lake Indian Band and includes the Band's Reserves No. 1, 2, 3 ,4 and 5. Bisflnferiy Conduct 3. (1) Every one who commits an act o f disorderly conduct is guilty o f an offence. (2) An officer may coder any person who is engaging in any disorderly conduct to stop such conduct immediately. Nuisance 4. (1) Every cme 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 fixes under subsection (2) was reasonable in the circumstances, the officer shall take into account (a) the nature and extent o f the nuisance; (b) the methods available to abate the nuisance; (c) the approximate time required to abate the nui sance; and (d) the effect o f the order on any business or means o f livelihood o f the person who is the subject o f an order. 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 under subsection 3(2) or subsection 5(1), commits an offence.
07/14/97 10:27 @604 666 6474 LANDS TRUST SERV BI005/005 4-Pfenalty 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 both. Repeal THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council o f the Little Shuswap Lake Indian Band this 3 * ° day of .J , 1997. Voting in favour o f the by-law are the following members o f the Council: Chief Felix Amouse Counc — illor _ _ G __ e _ o __ r _ g _ e Simon being the majority o f those members of the Ccjmcil o f the Little Shuswap Lake Indian Band present at the aforesaid meeting o f the Council. The quorum o f the Council is 2 members. Number o f members o f the Council present at the meeting 3 I, Felix Amouse Chief/Councillor o f the Band, do hereby certify that a true copy o f the foregoing by-law was mailed to the Minister o f Indian Afîàirs and Northern Development at the District office pursuant to subsection 82(1) o f the Indian Act this 3 * Q day o f -4»»-y 1997. ~~T. .gl. C Witness Chief
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