Contenu de la décision
-f-YUKON TERRITORY DISORDERERLY CONDUCT & NUISANCE BY-LAW The Council oiAthe J K-DalL Band of Indians at a meeting held this *4lh _ day of hrr\Rv,m ^ 19 9 (- hereby enacts by-law number to provide for the observance of law and order and for the pre vention of disorderly conduct and nuisance within the boundaries of the Ui)tU),— -AvtMnN' T V )N n t Sc T /| s m H . WHEREAS, parpgraphs ( c ) , (d), and (r) of Section 81 of the Indian Act empowers the Council of a Band to make by-law to provide for law and order and the prevention of disorderly conduct and nuisance and the impostion of a penalty for a v io lation thereof, and, WHEREAS, i t is deemed necessary to maintain law and order for the bénefit and wellbeing of the inhabitants of U p p ,-n U txk h u 1 1 (q <a à * 3* J'yvi/'C , Ort-A Now therefore the Coucil -of the LtfU> f\ ________ Band of Indians enacts as a by-law thereof the follow ing: 1 . In this by-law: (a) "Council" means the Council as defined in the Indian Act. (b) "Reserve" means the tract of land set apart by Her Majesty within the defin ition of the Indian Act, for the use and benefit of the Li Lfi a 4 : iv: o/awc_____ Band of Indians known as the fl R ù__hf\ 1 a___________________• (c) "Constable" means a p.erson appointed for the purpose of maintaining law and order on the 1 1 a k i\ T a; >y fth. (t>r\ a a Indian Reserve Lands. (d) "Public Place" means and includes any place to which the the public have access as of r igh t or by inv ita tion express ed or implied and icludes a vehicle in a public place. (e) "Residence" means a building or part of a build ing that is actually a bonafide occupied and used by the owner, lessee or tenant so le ly as a private dwelling together with the lands and buildings appertinent thereto that in fact are normally and reasonably used as part of the liv in g accomm odation. 2. No person shall cause a disturbance in or near a public place. (a) by figh tin g, screaming, shouting, swearing, s ing ing, or using in su ltin g or obscene language; (b) by being intoxicated with any alcoholic stimulant of drug, or (c) by impeding or molesting other persons. 3. No person shall expose himself or herself or cause an indecent exhibition in a public place or commit any act in a public which offends against public decency or order. 4. No person shall lo ite r in a public place or in any way obstruct persons who are there. 5. No person sha ll disturb the peace and quiet of the occupants of a dwelling house by discharging fire-arms, shouting, swearing or using in su ltin g or abscene language or by other disorderly con duct in or near a dwelling house.
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6. No person shall within lawful excuse, the proof of which lie s upon him prowl or lo ite r by day or by night upon or near the premises of another person without the occupants permission either expressed or implied. 7. No person shall comsume liquor in a public place. 8. No person under the age of nineteen years, shall comsume, pur chase or attempt to purchase or otherwise obtain liquor. 9. (1) When a constable finds a person who, in his opinion is in an intoxicated condition in a public place,' the constable may, instead of charging the person under th is by-law, take the person into custody to be dealt with in accord ance with th is section. (2) A person placed in custody pursuant to th is section may be released from custody at any time, i f in the opinion of the person responsible for his custody, (a) the person in custody has recovered su ffic ie n t cap acity that, i f released, he is unlikely to cause injury to himself or be a danger, nuisance or d is turbance to others, or (b) a person capable of doing so undertakes to take care of the person in custody upon his release. (3) A person taken into custody pursuant to his section sha ll not be held in custody for more than twenty-four hours after being taken into custody. (4) No action lie s against a peace o ffice r or other person for anything done in good fa ith without negligence with re spect to the apprehension, custody or release of a person pursuant to this section. 10. No person shall supply liquor to any person who is under the age of nineteen years. 11. Public drinking: For the purpose of th is by-law public place does not include: (a) a residence (b) such other places as prescribed by the Council fo r a special occasions. 12. A Constable who has reasonable grounds for believing and does believe that any liquor is being unlawfully kept may search (a) A vehicle, boat or conveyance of any d iscrip tion . (b) Any person found in a vehicle, boat or conveyance of any discription. (c) The land in the v ic in ity of the vehicle, boat or~convey- ance that is being searched. 13. The Constable shall have the power and authority to arreat any person who violates any of the provisions of th is ’ by-law. 14. No person shall re s is t or w ilfu lly obstruct a Constable in the execution of his duty or any person law fully acting in aiding such a o fficer. 4
15. No person shall omit without reasonable excuse to a s s is t a Con stable in the execution of his duty in arresting a person or in preserving the peace after having reasonable notice that he is required to do so. 16. Any person who violates any provision of th is by-law shall be gu ilty of an offence and shall be liab le to a summary convict ion to a fine not exceeding $100.00 or imprisonment for a term not exceeding 30 days or both fine and imprisonment. Approved and passed at a duly convened meeting of the Council of the !_________ Band of Indians th is <-jTi\ day of l a ^.wâiu)__ > 19J^_. The quorum for th is band consists of Chief and ' x ___ Council members. I, P Y V r .i, kv-• i v_ •______ , Chief of o . / k [>/!)■ Band of Indians, do hereby certify that a true copy of the foregoing by-law was forwarded to the M inister of Indian A ffa irs and Northern Development purauant to Section 82, sub-section (1) of the Indian Act th is q T K _______ Day of / y 19 £ L . Ç tiA >wt■■ ____ lL WITNESS CHIEF
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