Contenu de la décision
By-law Number 2002 -0 5 Being a By-law to repeal and replace By-law No. 1998-05 Enacted on the 8th day of June, 1998 Being a By-law Respecting the Prevention of Noise on the Reserve W HEREAS section 81, sub-paragraphs (a), (d), (q) and (r), o f the Indian Act, R.S. 1985, C-5, as amended (herein, ‘Indian Act’) empower the Council o f an Indian Band to pass by-laws to provide for the health o f residents on the Reserve, the prevention o f nuisances, in addition to matters arising out o f or ancillary thereto, and the imposition of a penalty for the violation of any such by-law; AND W HEREAS the Council o f the Louis Bull Band considers that it is necessary for the benefit, comfort and safety o f the inhabitants o f the Louis Bull Band to provide for the prevention o f noise on the Reserve; AND W HEREAS the Council o f the Band did enact By-law Number 1998-05 on the 8th day of June, 1998 and wishes to repeal the said By-law Number 1998-05 and replace it with this By-law. NOW TH EREFO RE the Council o f the Louis Bull Band hereby makes the following by-law: 1- SHORT TITLE This by-law may be cited as the “Louis Bull Band Noise Control By-law” and is referred to herein as “By-law”. 2- DEFINITIONS in this By-law, “Band' means the Louis Bull Band, as defined by Section 2 o f the Indian Act; “construction” includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying o f pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith; “construction equipment” means any equipment or device designed and intended for use in construction or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment; “conveyance” includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if
2 operated only within the premises o f a person; “Council' means the Council of the Louis Bull Band, as defined in the Indian Act, “motor vehicle” includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars o f electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement o f husbandry or road building machine within the meaning o f the Highway Traffic Act; “noise” means unwanted sound that materially impairs the use and enjoyment o f a person’s property, or that prejudicially affects a person’s health, comfort or convenience or the public health, safety or welfare o f the Reserve community, but does not include a sound to the extent it is unavoidably necessary for carrying on any business or other means o f livelihood authorized by the Council; “officer” means any peace officer, police constable or other persons charged with the duty to preserve and maintain the public peace, and a by-law officer or any other person appointed by the Council for the purpose o f maintaining law and order on the Reserve; “point o f reception” means any point on the premises o f a person where sound or vibration originating from other than those premises is received; “person” includes a corporation; “premises” means each single unit home being a fully or semi-detached building, a multiple unit dwelling, an apartment home or any building used or intended to be used for human habitation and in which normal domestic functions may be carried on. “Reserve” means Louis Bull Indian Reserve No. 138B. 2- APPLICATION All lands within the geographic limit o f the Reserve o f the Louis Bull Band shall be considered as the area affected by this by-law. 3- GENERAL PROHIBITIONS No person shall emit or cause or permit the emission o f sound or noise resulting from an act and which sound is clearly audible at a point o f reception.
3 4- PROHIBITIONS BY TIME AND PLACE Without limiting the generality o f the foregoing, no person shall emit or cause or permit the emission o f sound or noise resulting from any act listed in the attached “Table 1” if clearly audible at a point o f reception located within the Reserve within the prohibited time as shown. 5- EXEMPTION Notwithstanding any other provision of this 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 o f the inhabitants or any o f them; or b) for the preservation or restoration of property; unless such sound or vibration is clearly o f a longer duration or nature more disturbing, than is reasonably necessary for the accomplishment o f such emergency purpose. 6- GRANT OF EXEMPTION BY COUNCIL (1) Application to Council Notwithstanding anything contained in this By-law, any person may make application to Council to be granted an exemption from any o f the provisions o f this By-law with respect to any source o f sound or vibration for which he might be prosecuted and Council may, by resolution, refuse to grant any exception or may grant the exemption applied for or any exemption o f lesser effect and any exemption granted shall specify the time period, not in excess o f six months, during which it is effective and may contain such terms and conditions as Council sees fit. (2) Decision In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit. (3) Reapplication 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 o f one (1) year from the date o f the refusal, unless the applicant can show that there has been a material change o f circumstances. (4) Breach Breach by the application o f any o f the terms or conditions o f any exemption granted by Council shall render the exemption null and void.
4 7- O FFEN CE (1) Every one who creates or causes a noise contrary to the provisions of this By-law is guilty o f 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 o f the order on any business or means o f livelihood o f the person who is the subject o f an order. 8- EN FO RCEM EN T (1) Where a person who has been ordered to refrain from 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. 9- PENALTY A person who commits an offence under this by-law is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding thirty days, or to both. 16- REPEA L By-Law number 1998-05 enacted on the 8th day o f June, 1998, and being a By-law respecting the regulation of noise on the Reserve is hereby repealed. THIS BY-LAW IS HEREBY made at a duly convened meeting o f the Council o f the L o u i s B u l l Band this 9 t h day o f O c to b e r , 2002.
5 Voting in favour o f the By-law are the following members o f the Council: 9 \ c A . (Member/of toe Council) (Meimber of the Council) (Member o f the Council) being the majority o f those members o f the Council of the Louis Bull Band present at the aforesaid meeting o f the Council. The quorum o f the Council is five (5) members. Number o f members o f the Council present at the meeting: 8 I, Sfryion th rg r . f tn y /S Chief/Councillor o f the Band, do hereby certify that a true copy of the foregoing By-law was mailed to the Minister o f Indian and Northern Affairs Canada at the ________________ office o f the department pursuant to subsection 82(1) o f the Indian Act, this 9 t h day o f O c to b e r ______, 20 02 . t (fchief/Councillor)
6 TABLE 1 - Prohibition by time The detonation, without the permission o f the Band Council, o f fireworks or explosive devices not used in construction The discharge o f firearms The operation o f any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers, and intended for the production, reproduction or amplification of sound The operation o f any auditory signalling device, including but not limited to the ringing of bells, except for religious services, or gongs and the blowing o f horns or sirens or whistles, or the production, reproduction or amplification o f any similar sounds by electronic means, except where required or authorized by law or in accordance with good safety practices The operation o f any motorized conveyance other than on a highway or other place intended for its operation Persistent barking, calling or whining or other similar noise making, if such noise persists for a period o f time in excess o f fifteen minutes, by any domestic pet or any other animal kept or used for any purpose other than agricultural The operation o f a commercial car wash with air drying equipment or any other type o f 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 the maintenance o f essential services, or the moving o f private household effects The operation o f any equipment in connection with construction The operation or use o f any tool for household purposes other than snow removal The operation o f solid waste bulk lift or refuse compacting equipment Prohibited period At all times At all times 11 PM to 7 AM 11 PM to 7 AM 11 PM to 7 AM At all times 11 PM to 7 AM 11 PM to 7 AM 11 PM to 7 AM 11 PM to 6 AM 11 PM to 7 AM 11 PM to 7 AM 11 PM to 7 AM
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