Contenu de la décision
'07/28/97 12:08 98 0 4 «26 0382 UKAHAHMEN BAND ®002 BY-LAW NO. 1997-01 of die Lakahabmeu Band A By-law for the Prevention of Disorderly Conduct and Nuisances W HEREAS tbe C raned o f the LafcaiiahineM Band desires to nnAa g By-la* 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 foe imposition o f u penalty fora violation thereof; AND WHEREAS it is considered to he expedient and necessary for the benefit, comfort and safety o f the inhabitants of the Lakahalunen Reserve to provide for the prevention o f disorderly conduct and nuisances on tbe reserve; NOW THEREFORE (he Council o f Lakahahtnea Band hereby makes die following By-law: Short T itle 1. This By-law may be cited as the "Lakahahmen Reserve Disordcdy Conduct and Nuisances By-law. Interpretation 2. In the By-law, “band" means the Lakahahme» Band. “Council” means foe Council o f the Lakah&hmen Band; D isorderly Conduct 3. (1) Everyone who commits an act o f disorderly conduct is guilty o f an offense. (2) An officer may order any person who is engaging in any disorderly conduct to stop such conduct immediately. Nuisance 4. (1 ) Everyone who creates or causes a nuisance is guilty of an offense. (2) An officer may order any person who is causing or who threatens to cause a nuisance on tbe 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 o f foe nuisance; (B) tbe methods available to abate the nuisance; © the appropriate time requiredto abate foe nuisance; and
07/28/97 12:09 ®«04 828 0382 UKAHaBXEN BAWD IS 003 (D) the effect o f the order on toy business or means o f livelihood o f die person who is the subject o f an order. Enforcement 5. (1) Where the 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 die order, an officer may take such reasonable measures as are necessary to stop the disorderly conduct, or to prevent or to abate die nm**ncc (2) A person who fails or refuses to comply with, an order made under subsection 3(2) or subsection 5(1), commits an offence. Penalty 6. A person who commits an offence under this By-law is liable on summary conviction to a fine not exceeding $1000.00 or to imprisonment for a term not exceeding thirty (30) days, or to both. “Disorderly conduct” means any act or behaviour, including (A) fighting (B) making or 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 manner 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, scandalizes the community, or causes public inconvenience, annoyance or alarm; "N uisance” means any act, activity or condition, including (A) the abandonment of cars, household appliances or furniture, or parts o f cars, household appliances or furniture; (B) foe storage of abandoned cars, household appliances or furniture, or parts o f cars, household appliances or furniture; O the dumping or storage o f dies, garbage or other refuse; (D) the burning o f tires, grass, garbage, leaves or other refuse; (E) the discharge o f oqy substance into the air or water; (F) noise; tha t m aterially im pairs, otherwise than by direct physical interference, the use and enjoym ent
V I f f 9 I 49.14 XJQU4 ODD ZOfU BC KKH1UW L.K.1^ l£| 005/006 12004 •07/28/9T 12:09 9 9 0 4 928 0382 I ̂ n u m m i BAND o f a person’s property, or that prejudicially a ffects a p a w n 's health, com fort or convenience or the public health, safety or welfare o f the reserve com m unity, bu t does not include any act, activity or condition to the extent it is unavoidably necessary fo r carrying on any business or other m eans o f livelihood authorized by the Council; “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 o f maintaining law and order an the reserve; “Person" includes a corporation “Reserve” means the reserve of the Lakahahmen Band and includes the Band’s Reserves N o‘$: 2 ,4 .5 , 8, 9 ,1 0 ,11 and 12 shall be considered as the area affected by this By-law.
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0 0 0 3 D 7/28/S7 12:09 © 804 828 0382 UKABAHXEN BAND Tbis By-Law js hereby made at a duly convened meeting o f die Council o f the i j»t«i«ai|T"»* Band this -day of**V,1997. (Member o f the Council) RMVdlsr (Member of the Council) (Member o f the Council) being the m ajority of those members of the Council o f tbe LAKAHAHMEN Band present a t the aforesaid meeting of the council. The quorum of the Council is'̂ S— members. Num ber of members o f tbe Council present a t the meeting;-------/ I. Susan McKamey, Chief/Conncillor of the Band, do hereby certify th a t a true copy of the foregoing By-law was mailed to the M inister of Indian Affairs and N orthern Development a t the Distrlct/Regioual/Hull office (as the case may be) pursuant to subsection 82(1) of the Indian Act, th ir^*day o f ^ | —19SP7. / (Witness) *
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