Contenu de la décision
i); 9- 6-91 ; 14:26 : AMHERST- 819 953 3371;# 5/45 V063*?y 06. HER (m i* 2733 :/ BY-LAW WO. 1991.2 of two Millbrook Indian band A By-law for the Prevention of i Dlaordarly Conduct and Wulaanoaa L w h e r e a s the council of the Millbrook Indian Band dasiraa to make a by-law governing the prevention of disorderly conduct and nuisances, 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; ah d w h e r e a s the Council of the Millbrook Indian Band is empowered to make such by-law pursuant to paragraphs 81(1) (d), (q) and (r). of the Indian .Act; AMD Whe r e a s it is considered to be expedient and necessary for the benefit, comfort and safety of the inhabitants of the M c i o l n l d b u r c o t o k a nd I n n di u a i n s an B c a e n s d t on o p t r h o e v i r d es e e r f v o e r ; the prevention of disorderly M ma O k W e s T HE t R he E FO f R o E l l t o h w e i ng C ou by n c l i a l w : of the Millbrook Indian Band hereby Short Title 1. T C h o i n s d uc b t y -l an a d w N m u a i y s a b n e c e c s i t B e y d - a l s a v t M h . e ^Millbrook Band Disorderly interpretation 2. In this by-law, "Band” means the Millbrook Indian Band; "Council” means the Council of the Millbrook Indian Band; "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 g ) ) e loite o x t p h o e s r i r n ing; f g i , r ea f r i m r , i ng o r o u r s d i i n s g ch o a r r g t i h n r g e a a t n e y n i g n u g n , t o p i u s s t e o l a n o y r o T t her article as a weapon, except in defence of life or p t r h o a p t e r d t i y s , rupts public order on the reserve, scandalires the community, or causes public inconvenience, annoyance or alarm; "Nuisance” means any act, activity or condition, ineluding (a) the abandonment of oars, household appliances or furniture, or parte of cere, household appliances or furniture; (b) the storage of abandoned oars, household appliances or furniture, or parte of oare, houaehold appliances or (c) t f h u e r ni d t u u m r p e i ; ng or storage of tires, garbage or other (d) the burning of tires, grass, garbage, leevee or other r6fll88 * (e) the discharge of any substance into the air or water; (f) noise;
ft I 9-6-91; 14:26; AMHERST- 819 953 3371;# 6/45 4 4 that materially impairs, otherwise than by direct physical interference, the use and enjoyment of a person's property, or that prejudicially affects a person's nealth, comfort or convenience or the public health, safety or welfare of the reserve community, but does not include any act, activity or condition to the extent it is unavoidably necessary for c a a u r t r ho y r i i n z g e d o n by a n t y he b u C s o i u n n e c s i s l ; or other means of livelihood "Officer" means any police officer, police constable or o th t e h er p ub p l e i r c s on pe a c c h e a . rged with the duty to preserve and maintain "Person" includes a corporation; "Reserve" means the reserve of the Millbrook Indian Band and 3 i 6 n cl a u n d d es 3 0. t he Band's Reserves No- 27, No. 27A, 27B, 2 *. 7C, 17, Disorderly conduct 3. An officer may order any person who is engaging in any disorderly conduct to stop such conduct immediately. Nuisance 4. (1) An officer may order any person who is causing or who threatens to cause a nuisance on the reserve to refrain f s r u o ch m p c e au ri si od ng as t he i s nu r i e s a a s n o c n e a bl or e t i o n t a h b e a te c i t rc h u e m s n t u a i n s c a e n s c . e within (2) in determining whether a period fixed by an officer under subsection (1) was reasonable in the oircumetancee, a court shall take into account (a) the nature and extent of the nuisance; (b) the methods available to abate the nuisance; (c) the approximate time required to abate the nuisance; and (d) the effect of the order on any buaineas or means of livelihood of the person who is the subject of an*- order. 5. Everyone who, while intoxicated, and not being in a dwelling house, creates a nuisance by disturbing the peace and quiet of an occupant of a dwelling house by fighting, screaming, shouting, swearing, singing, using insulting or obscene language, attempting to gain entry to said dwelling house or other disorderly conduct is guilty of an offence. 6. Everyone who, while intoxicated and not being in a dwelling house, causes a nuisanca to another parson by impeding, insulting, molesting, harassing, threatening, begging from, shouting at, swearing at or displaying other disorderly conduct towards that other person is guilty of an offence. 7. Everyone who, while intoxicated, interferes with the orderly conduct of commercial, administrative, educational, recreational, health care, religious or ceremonial activities on the Reserve is guilty of an offence.
,! l-i! 9- 6-91 ; 14:27 ; AMHERST- 819 953 3371;# 7/45 - 3 a. Everyone who, while intoxicated, puts at risk the health of any child under the age of 12 years to whom that person stands inloop par antis by leaving said child without making reasonable arrangements for his or her shelter, feeding, clothing, supervision or protection during that person's absence is guilty of an offence. 9 . Everyone who Interferes with the orderly conduct of commercial, administrative, educational, recreational, health care, religious or ceremonial activities on the Reserve is guilty of an offence. 10. Everyone not being in a dwelling house who causes a nuisance to another person by impeding, insulting, molesting, harassing, threatening, begging from, shouting at, swearing at or displaying other disorderly conduct towards that other person is guilty of an offence. 11. Everyone not being in a dwelling house who creates a nuisance by disturbing the peace and quiet of an-.occupant of a dwelling house by fighting, screaming, shouting, swearing, singing, using insulting or obscene language, attempting to gain entry to said dwelling house or other disorderly conduct is guilty of an offence. Enforcement 12.(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 r r e e a fu s s o e n s a bl t e o m c e o a m s p u l r y e s w it as h t a h r e e n or e d c e e r s , s ar an y t o o f f s i t ce o r p m t a he y taka such disorderly conduct, or to prevent or to abate the nuisance. (2) A person who fails or refuses to comply with en order made under Section 2 of subsection 3(1), or who resiste or interferes with an officer acting under subeeetion 4(1) or subsection 12(1), commits an offence. Penalty 13. A person who commits an offence under this by-law ie liable on summary conviction to a fine not exceeding T $1,000 or to imprisonment for a term not exceeding thirty days, or to both. This by-law is hereby made at a duly convened meeting 4f the Council of the Hillbrook Indian Band thie. day o f 19 . Voting in favour ofl^he by-law are the following members of the Cqimvb .̂1: ( C — _____ TMember P of the t Council) (Member of the Council) lî ^Membe i<of '-t.he. Council) (Member of the Council) & — ------------------------------------------(Member o ff the Council) (Member of the Council) (Member of the Council)
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■ M B ) 9- 6-91 ; 14:28 ; AMHERST-’ 819 953 3371;# 8/45 (> being the majority of those members of the Council of the Millbrook Indian Band present at the aforesaid meeting of the Council. The quorum of the Council is 4 members. Number of members of the Council present at the meeting! i# ....Chief/Councillor of the Indian Band, do hereby certify that a true copy of the foregoing by-law was mailed to the Hinister of Indian Affairs and Northern Development at the Regional office pursuant to subseotion 82(1) of .. t he . .. I . ndian Act, this .. ... day of . ........ 1 9 9 1 f
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