Contenu de la décision
T. By-law Respecting the Promotion of Pa nitary Conditions, the Prevention of Nuisances, and the Use of Premises on the Caughnawaga Indian Roserve. The follov.’ing by-lav/ was duly adopted in virtue of the provisions of paragraphs a), d), f), g), h), q) and r) of Section 80 of the Indian Act (1932 R.S.C. ch. 1^9) by the Council of the Caughnawaga Indian Band at a meeting du.lyr convened and held at Caughnav;aga on April 1968. BY-LAW— C DEFINITIONS ARTICLE 1 For the purpose of the present by-law: a) The word "ashes" includes the residue from the burning of any substance or thing. b) The word "debris" includes tin cans, bottles, glass, paper and unused construction materials or former parts of ary construction or dwelling. c) The word "garbage" includes any offal, garbage, filth, liquid or. solid waste, rotten, spoiled or used food, night-soil, wastes and generally any thing which is or may be offensive or prejudicial to health or susceptible of endangering health. d) The -word "person" includes any possessor, user , occ upant, ow residenit, lee se ̂ior a gen t or wife or child of a ny of the i ore-go ino of pr operty or pr e raises sit ua te-d uit the limit s of the Ca ughnawaga Ind ian RP cer whet her oJL not sueh per son is a. T egi ster ed member of the Caughnawaga Band. e) The word "property" includes all proper ty, moveable and immoveable, real and personal, dwellings, buildings, residences, constructions, appurtenances, garages, driveways, yards, pastures, ditches, water, wharves, streams, rivers, lakes, ponds and premises situated within tiie Caughnawaga Indian Reserve of which a person or time band lias the possession, use, occupation, lease, enjoyment or exercise of rights in respect thereto. f) The word "refuse" designates garbage, ashes and rubbish, unless otherwise indicated by the context. g) The word "rubbish" includes all domestic refuse not defined as aches or garbage as well as rags, wood, scrap, rubber, leather, leaves, metal, iron,crockery and any other tra sh. C D
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2 RESPONSIBILITY FOR ARTICLE 2 PROPERTY Every person Is responsible for the permanent maintenance of his property and premises in a sani tary and proper condition and is responsible for all damages caused by the condition of, or things on, the said property and premises if he neglects or omits such maintenance. DUTIES OF PERSONS ARTICLE 3 Without restricting the generality of article 2, every person shall maintain his property and premises: a) in a good state of repairs b) free from any thing potentially or actually dangerous to the life, health, or v/elfare of any person. c) free from any fire or other hazard to life, health or property. d) properly equipped to overcome any peril, including fire. ACCUMULATION OF ARTICLE 4 REFUSE PROHIBITED store or keep on his property or premises any ashes, debris, garbage, rubbish or any other type of refuse whatever, save as hereinafter provided in article 5* OLLECTION OF REFUSE ARTICLE 5 All ashes, debris, garbage and any other type of refuse shall, at regular intervals not more than SYcT-i/ days apart, be properly collected, wrapped and placed In suitable containers by a member of each household or the persons responsible for the mainte nance of the property or premises on which the refuse is situated. All containers in which refuse has been placed shall, at least Gr/C&e a week, be brought to and disposed of at such places on the reserve designated for such purpose by the Council by the persons mentionei in article 5. l-IOVAL OF REFUSE ARTICLE.? The Council is hereby authorized to make such provisions as it may deem necessary for the regu lar removal of refuse from any property or premises within the reserve and for the operation and use of any dump or land-fill within the reserve.
- 5 I :OLLECTION OF REFUSE ARTICLE S 5Y COUNCIL In the event that the Council provides for the regular removal of refuse, such refuse shall be placed in suitable containers which shall be kept in a place readily accessible for such removal at such times as the Council may direct. ANGEROUS THINGS ARTICLE 9 It is prohibited to place in, with or close to refuse any thing liable to cause accidents or damages to any person ’whether by combustion, corrosion explosion or otherwise. UNDITION OF CONTAINER gARTICLE 10 i All refuse containers shall be maintained in a clean, dry and proper condition by each household or person responsible for such containers and shall be properly stored by such person upon the removal or disposition of refuse. GFUSE ON BAND ARTICLE 11 10PERTY No person shall deposit, deliver, leave, throw, dispose of or destroy in whole or in part any ashes, debris, garbage, rubbish or any other type of refuse on property held or owned by the band or on the property of another person save as herein provided or with the express written authorization of the Council. ^STRUCTION OF ARTICLE 12 •FUSE PROHIBITED Save as provided elsewhere in this by-law, no person shall store, destroy or otherwise dispose of ashes, debris, garbage, rubbish and any other type of refuse whatever without the written authorization of the Council. ’.ATH OF ANIMALS ARTICLE 13 The owner of any animal;including fowl, shall report the death of such animal to the Council within 12 hours after such death and shall immediately follow the directives of the Council or of any ins pector hereinafter mentioned in respect to the disposal of the carcass or body of such animal. MURIOUS HEAT ARTICLE 1*1 No person shall have in his possession unwho lesome meat, fish., fowl or food of any kind 'which may in any way be injurious to health. NTROI, OF PESTS ARTICLE 15 Every person shall take all reasonable precautions to control the incidence of pests, rats, rodents and other animals or tilings constituting a
- n real or potential danger to health or susceptible of transmitting disease of any kind. :r a p p r o h i b i t e d ARTICLE 16 No person shall store, keep, maintain, erect or allow on his property any sign, poster, wreck, scrap] junk or vehicles of any kind no longer capable of beingj used or driven for the purposes for which they were built, on any property or premises,save that the Council way* by express authorization in writing, permit a person or persons to do any of the foregoing, if same is necessary for his business or livelihood and provi ded that such business or livelihood be restricted to the places designated by the Council in its authorizati GNS ARTICLE 17 No signs, posters or advertisements of any kind shall be placed on band property without the express written authorization of the band Council, which may order the removal of such objects at any time GTE PRODUCT, ARTICLE 13 No person shall dispose of excrement, dirty water, chemicals or waste of any kind except through proper plumbing facilities or in sanitary privies, chemical closets or cesspools approved by an inspector appointed under the present by-law and provided that such disposal will not detrimentally affect drinking water or water constituting the source of wells or impair the health of any person. : RECTORS ARTICLE 19 The Council may appoint an inspector or inspectors to carry out and enforce the provisions of the present by-law. PHORITY OF ARTICLE 20 5PEOT0RS Any inspector appointed by the Council pursuant to the present by-law shall have the authority to enter any property, premises or place situated on the reserve at all times for the purpose of inspecting such property, premises or place to determine if there has been proper compliance by any person with the present by-lav;. MRS CF INSPECTORS ARTICLE 21 In addition to the powers mentioned in article 20 such inspector may: a) order any person to do any work or perform any act to remedy any contravention of the present by-lav; and such person shall, upon receiving written notice of such order, be obliged to carry out such work within the
c; week following such order. b) confiscate any property or thing which contravenes or assists in contravening the provisions of the present by-lav/. c) carry out any work necessary to remedy any infringement of the present by-law at the expense of the person responsible for such infringement , which person shall be obliged to reimburse the Council for such expense when same is incurred. ARTICLE 22 All members of tfie Royal Canadian Mounted Police and all peace officers, constables or other persons employed by the Council for the maintenance of public peace shall be ex-officio inspectors within the meaning of the present by-law with all the powers, authority and duties provided herein for such inspectors. ARTICLE 2p Any person who violates any provision of this by-law shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding $5 0 .0 0 or imprisonment for a term not exceeding 7 days or to both fine and imprisonment in the case of a first offence, and to a fine not exceeding $100.00 or im prisonment for a term not exceeding pO days or to both a fine and imprisonment in the case of any subsequent offence. ARTICLE 2M This by-law shall come into force on the day that it is declared to be in force by the Minister of Indian Affairs and Northern Development or on the *IOth day following the transmission of the present by-lav; to the said Minister, whichever is the sooner. ARTICLE 25 Upon the coming into force of this by-lav;, all other by-laws dealing with the matters provided for by the present by-law shall be repealed.
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