Contenu de la décision
*0 r-1 • i *v w THE STURGEON LAKE BAND OF INDIANS MAY 2 Ü1089 By-Law Number 3: 1989 Being a By-Law Governing Roads, Road AI-ScR TA «E C CM Maintenance, and Traffic Signs RLCC^-JS OFF.CI (Repeals By-Law Number 2) WHEREAS section 81(1)(b), (f), (g) and (r) of the Indian Act, R.S.C., 1985, c. 1-5, as amended from time to time (hereinafter referred to as the "Indian Act") empowers the Council of a Band of Indians to enact by-laws respecting the regulation of traffic, the construction and maintenance of watercourses, roads, bridges, and fences, any matter ancillary thereto, and the imposition of a penalty for the violation thereof ; AND WHEREAS the Council of the Sturgeon Lake Band of Indians did enact By-Law Number 2 respecting the posting of traffic signs. AND WHEREAS it is deemed expedient that in order to better provide for the posting of traffic signs, By-Law Number 2 be repealed and this By-Law be enacted; NOW THEREFORE the Council of the Sturgeon Lake Band of Indians repeals By-Law Number 2 and enacts as a by-law thereof as follows: 1. In t:his by-law (a) "Council" means the Council, as defined in the Indian Act, of the Sturgeon Lake Band of Indians; (b) "Reserve" means that tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of the Sturgeon Lake Band of Indians and known as the Sturgeon Lake Indian Reserve Numbers 154, 154A, and 154B;
2 The Sturgeon Lake Band of Indians By-Law Number 3 (c) "road" means and includes a road allowance and any avenue, bridge, driveway, highway, lane, parkway, place, road, square, street, thoroughfare, trestle, viaduct or other lands within the Reserve and under the control of the Council which are designed for, intended for, set aside for, used by, or open, for the common use of the members of the Sturgeon Lake Band of Indians, or the general public for the passage of vehicles within the Reserve, but does not include any lane, road, or right-of-way held or established solely as a means of egress to privately controlled lands; (d) "road allowance" means any land shown on a plan of survey as a road allowance whether used as a road or not, and any land set aside or used for the purposes of a road lying between the limits of lands allotted to or otherwise lawfully in the possession of any person; (e) "employee " means that person appointed by resolution of the Council pursuant to section 4 ; (f) "traffic sign" means a sign, warning, marking or other device installed for the control or routing - of traffic or for the guidance or directions of persons using the roads; and (g) "fence" means a fence marking the boundary of Provincial Highway Number 34. 2. The design, dimension, placing, construction and erection of traffic signs shall meet the requirements for such signs provided for in the Regulations passed under the Highway Traffic Act, R.S.A., 1980, c. H-7.
3 The Sturgeon Lake Band of Indians By-Law Number 3 3* The Council shall, by resolution, authorize the placing of all traffic signs and the resolution shall specify the location of the signs in accordance with the Regulations referred to in Section 2 and the requirements of any by-laws respecting the control of traffic. 4. The Council shall, by resolution, appoint or assign an employee to place and maintain, or cause to be placed and maintained, the traffic signs in compliance with the Regulations referred to in section 2 and authorized by the Council, and shall remove or cause to be removed traffic signs which are so authorized to be removed. 5. (1) No person shall interfere or attempt to interfere with the placement or maintenance of any authorized traffic sign or fence. (2) No person shall remove, deface, obliterate, alter or in any manner interfere with any traffic sign or fence lawfully placed on a road. 6. No person shall block or obstruct a natural watercourse, drain, or roadside ditch. 7. The employee, upon resolution of the Council, shall re-open any roadside ditch willfully or unintentionally blocked or obstructed by any person contrary to Section 6 and shall in writing advise the person so blocking or dbstructing the roadside ditch that such actions are contrary to this by-law. 8. No person shall block or obstruct any road or the passage of vehicles on any road other than with the written authority of the employee.
4 The Sturgeon Lake Band of Indians By-Law Number 3 9. (1) No person shall use any part of a road for any purpose other than the passage of vehicles without first having obtained the approval of the Council as authorized by a resolution and under the conditions designated in the resolution. (2) A person who has obtained the permission of Council to utilize part or all of a road pursuant to section 9(1) shall not be relieved from liability in respect to damages caused to the road by such use and shall forego the use and return the road to its original state at his cost within 30 days of the issuance of a written notice authorized by a Council resolution. (3) Without limiting the generality of the foregoing no person shall erect, or attempt to erect, any advertising sign on a road except with the permission of the Council authorized by a resolution and subject to any conditions designated in the resolution, and such signs shall not be erected or placed in such a way as to obstruct the vision of persons using the road or the use of the road. 10. No person shall operate or draw any vehicle, tractor, farm wagon, or trailer on the hard surfaced portion of any road unless such vehicle is equipped with pneumatic tires, solid rubber tires, or tires of some composition equally resilient. 11. No person shall injure, destroy, cut down or remove any trees growing upon a road without having first obtained written permission to do so from the employee. 12. No person shall set, or cause to be set, a fire on a
The Sturgeon Lake Band of Indians road without first having obtained written permission so to do from the Fire Chief and subject to the conditions set out in that permission. 13. Any person who violates any of the provisions of this by-law shall be guilty of an offence, and shall not be liable on summary conviction to a fine not exceeding $100.00 or imprisonment for a term not exceeding 30 days, or to both fine and imprisonment. Approved and passed at a duly convened meeting of the Council of the Sturgeon Lake Band of Indians this 25 day of may CHIEF RONALD SUNSHINE ADOLF KAP^O 5 By-Law Number 3 , 19 89 • MILDRED CHOWACE PIERRE CHOWACE FELIX STONEY O Â J L i PETE JOYCE
i - 6 The Sturgeon Lake Band of Indians By-Law Number 3 I, £Sj l u u - / <J * s 4 )hcj_Chief /Councillor (as the case may be) of the Sturgeon Lake Band of Indians do hereby certify that a true copy of the foregoing By-Law Number 3 was forwarded to the Minister of Indian Affairs and Northern Development pursuant to section 82 (1) of the Indian Act this 25th^aV °f ____ MAY__________ , 198 9 .
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