Contenu de la décision
06/2 0 9 6 / / 9 3 9 0 /9 1 9 0 :52 1 8 F : A 0 X 1 X 25 @ 0 6 0 3 4 32 6 5 6 2 6 1 0 6474 Ka:yu/ch L e A : N k D S B A T N R D UST SERV Ka:' yu: T t ’hVChekitlesTef Nation General Delivery Kyuquot, B.C. VOP 1J0 Telephone: 932-5259 Fax: 332-5210 K a:,3'u:,k ,t 'h ,/Che:k:tles7et'h' F irst Nation By-law No. 4 For the Prevention of Noise WHEREAS THE Council of the Ka: 'yu: ,k 't,h7Che:k:tles7et,h ' First Nation desires to make a by-law governing the prevention of noise, with respect to any matter arising out of or ancillary to the exercise of powers under section 81, and for the imposition of a penalty for a violation thereof; AND WHEREAS die Council of the K a:'yu:,k't'h7Che:k:tIes7et,h , First Nation is empowered to make such by-law pursuant to paragraphs 81(l)(d),(q) and (r) o f the Indian A rt; AND WHEREAS it is considered to be expedient and necessary for the benefit, comfort and safety of the inhabitants of the Ka:,yu:,k,t,h7Che:k:tles7et,h , First Nation to provide for die prevention of noise on die reserve; NOW THEREFORE the Council of the Ka: 'yu: ’k ,t ,h7Che:k:tles7ct'h‘ First Nation hereby makes the following by-law: 1. S “K ho a r : t ' y T u i : t l ' e k 't'h '/Che:k:Ûes7et 'h ' First Nation Noise Control By-law * Interpretation 2. in “F th ir i s s t b N y a -l t a io w n , " means the Kaz'yiu’k 't’h’IChe:k:Ues7et'h' First Nation; "motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include die cars of electric or steam railways, or other motor vehicles running only upon rails, or motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandly or road building machine within the meaning of the Highway Traffic Act; “noise" means unwanted sound that materially impairs the use and eiyoyment of a person's property, or that prejudicially affects a person’s health, comfort or convenience or the public health, safety or welfare of the reserve community, but does not include a
06/2 0 9 6 / / 9 3 9 0 /99 1 0:52 1 8: F 0 A 2 X 1 2 © 50 6 0 3 4 3 2 66 5 6 2 10 6 474 Ka:yu/C L b A e N : D k S B A T N R D UST SERV @015/019 @015 sound to the extent it is unavoidably necessary for carrying on any business or other means of livelihood authorized by die Council; “point of reception’' means any point on the premises of a person where sound or vibration originating from other than those premises is received; “officer” means any police officer, police constable or other person charged with the duty to preserve and maintain the 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 reserves of the Ka:,yu:'le't,h7Che:k:ties7et,h , First Nation and includes the First Nations' Reserves No. 6 (Houp-si-tas,) and No. 1. (Village Island) (Aktis) Zones 3. All lands within the geographic limit of the reserve of Kaz'yu: 'k.,t'h7C he:k:tles7et'h' First Nation shall be considered as the area affected by this by-law. General prohibitions 4. No person shall emit or cause or permit the emission of sound resulting from an act listed herein, and which sound is clearly audible at a point of reception; a) racing of any motorized conveyance other than in a racing event regulated by law; b) die operation of a motor vehicle in such a way that the tires squeal; c) the operation of any combustion engine or pneumatic device without an effective exhaust or intake muffling device in good working order and in constant operation; d) die operation of vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance; e) the operation of motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices; f) the operation of any item of construction equipment within the reserve . without effective muffling devices in good working and in constant operation; p
06/2 0 9 6 / / 9 3 9 0 /9 1 9 0 :52 1 8 F : A 0 X 2 1 25 ? 0 ? 6 3 0 3 4 2 6 5 6 2 6 1 0 6 474 Ka:yu/Ch L e A : N k D S B A T N R D UST SERV @016/019 @016 Prohibitions by tim e and places 5. No person shall emit or cause or permit the emission of sound resulting from any act listed in die attached “Table 1* if clearly audible at a point of reception located within the reserve within die prohibited time as shown. Exem ption 6. Notwithstanding any other provision of dûs by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken: a) for the immediate health, safety or welfare of the inhabitants or any of them; or b) for the preservation or restoration of property; unless such sound or vibration is clearly of a longer duration or nature more disturbing, than is reasonably necessary for the accomplishment of such emergency purpose. G rant o f exemption by Council Application to Council 7. Notwithstanding anything contained in dûs by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he might be prosecuted and Council may, by resolution, refuse to grant any exemption or may gram exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six months, during which it is effective and may contain such terms and conditions as Council sees fit. Decision 8. In deciding whether to grant the exemption, council shall give the applicant and any person opposed to the application and opportunity to be heard and may consider such other matters as it sees fit. Reapplication 9. Where an application made under section 6 is refused, the Council is not required to consider any further application by that person for a period of one (1) year from the date of the refusal, unless the applicant can show that there has been a material change of circumstances. P
06/2 0 9 6 / / 9 3 9 0 /9 1 9 0 :S3 1 8 F : A 0 X 2 1 2S Q 0 6 0 33 4 2 6 5 6 2 6 1 0 6474 K ,, a : yu/cii L e A : N k D S b a T m R ; UST SERV J & 0 1 7 /0 1 9 Breach JO. Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void. O ffence 11. (1) Every one who creates or causes a noise contrary to the provisions of his by-law is guilty of an offence. (2) An officer may order any person who is causing or who threatens to cause a noise on the reserve to refrain from causing the noise or to abate the noise 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 the noise; (b) the methods available to abate the noise; (c) the effect of the order on any business or means of livelihood of the person who is the subject of an order. Enforcem ent 12. (1) Where a person who has been ordered to refrain fro m causing a noise or to abate a noise within a specified period, fails or refuses to comply with the order, an officer may take such reasonable measures as are necessary to abate the noise. (2) A person who fails or refuses to comply with an order made under this by law or who resists or interferes with an officer acting under this by-law, commits an offence. Penalty 13. A person who commits an offence under this by-law is liable on summary conviction to a fine not exceeding $1,000.00 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 Ka:,yu:,k ,t ,h7Che:k:tles7eI'h, First Nation this Jl 7 day o f $ u * \e . 1999. Voting in favor of the by-law aie the following members of the Council: C ouncïh fenS ë^ Bev Hansen Council Member, Cynthia Carlos Council M em ber,Janice John CounciTMember, Natalie Jac k P
06/2 0 8 6 / / 9 3 9 0 /99 1 0:S3 1 8 F :0 A 3 X 1 2 Q 50 6 0 3 4 3 2 66 S 6 2 10 6474 LANDS TRUST SERV @018/019 ifeiyu/Che.k BAND @018 Being the majority of those members of the Council of the Ka: ’yu: 'k't'h'/CherkttlesVet’h ' First Nation present at the aforesaid meeting of the Council. The quorum of the Council is ^members. Number of members of the Council present at the meeting: I, John Vincent Chief Councillor of die Kai'yur'k't'hVCherfcÜesTet'h’ First Nation, do hereby certify that a true copy of the 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 p ^ day of.T7>^. f. .
06/30/99 18:03 ^604 666 6474 06/29/99 _10:S3 FAX 1 250 332 5210 Ks:yu/Ch L e TABLE 1 - Prohibition by time The detonation, wi fireworks or explosiv th e o d u e t v i t c h e e s n p o e t r u m s i e s d s i h o i n c o o n f s tr t u h c e t io B n a . nd Council, of The discharge of firearms The operation of any electronic device or group of connected electronic divices incorporating one or more loudspeakers or other electro-mechanid transducers, and intended for the production, reproduction or amplification of sound The operation of any audiiory signalling device, including but not limited to the ringing of bells, except for religious services, or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means, except where required or authorized by law or in accourdance with good safety practices. The operation of any motorized conveyance other than on a highway or other place intednded for its operation Persistent barking, calling or whining or other similar noise making, if such noise persists for a period of time in excess of fifteen minutes, by any domestic pet or any other anima) kept or used for any purpose other than agricultural The operation of a commercial car wash with air drying equipment or any other type of car wash Yelling, shouting, hooting, whistling or singing All selling or advertising by shouting or outcry or amplified sound Loading, unloading, delivering, packing, unpacking, or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for die maintenance of essential services, or die moving of private household effects The operation of any equipment in connection with construction The operation or use of any tool for household purposes other than snow removal The operation of solid waste bulk lift or refuse compacting equipment A : N k D S B A T N R D UST SERV id] 019 Prohibited Time ATALLTIM Eà With the exception of Halloween and New Years (Fireworks only) AT ALL TIMES Within 2 miles Sunday to Thursday 10:00 PM -Friday - Sa 7 tu :3 rd 0 a A y M 11:00 PM -7 :3 0 AM 9:00 PM -7 :3 0 AM 10:00 PM - 7:30 AM Not Applicapable With the exception of Cultural or Community Events: Sunday - Thursday 10:00PM - 7:30 AM Friday - Saturday 11:00 PM -7 :3 0 AM 7:00 PM - 8:00 AM Sunday - Thursday 10:00 PM - 7:30 AM Friday - Saturday 11:00 PM -7 :3 0 AM Sunday - Thursday 10:00 PM -7 :3 0 AM Friday -Saturday 11:00 PM - 7:30 AM Sunday - Thursday F 10 ri : d 0 a 0 y A M S a 7 tu :3 rd 0 a y AM 11:00 PM -7 :3 0 AM Not Applicable
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