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ENOCH CREE NATION COMMUNITY STANDARDS BYLAW#2025-100-CSB "paskwaw mostos ka-wasacamiska" (Buffalo Circle) <ni,.o Jn:::,n b <i-i..l,rnb
Preamble
Since time immemorial , the Maskekosak (People of Enoch Cree Nation) have lived upon these lands, guided by the sacred laws of the Creator. These laws are spiritual in nature, passed down through generations in our oral histories and Creation Stories. They govern how we live, how we care for one another, and how we uphold our responsibilities to Creation.
Our children are sacred gifts to their parents from the Spirit World before entering this realm . They are borrowed from the Creator, entrusted to us with the highest duty of protection, nurturing, and guidance. Their well-being must remain at the center of all that we do as a Nation, for in them lies the future of our people.
When Treaty was made, it was through ceremony that our Okihcitawiskwewak (Clan Mothers/Warrior Women) instructed our men on how to negotiate, ensuring that our agreements would reflect the needs and responsibilities of our people. Our women are life givers, carrying the sacred responsibility of bringing new generations into the world. They have always played an essential role in our governance through the Okihcitawiskwewak, who provided spiritual direction and raised children and youth to become the leaders who govern the Nation.
Our Kehte-ayak (Elders), carrying generations of knowledge and a deep spiritual connection, have always been central to our governance, serving as mentors, advisors and decision-makers. Their key role as educators was passing down the knowledge and experience needed for the Nation to survive, and to pass down the ceremonies given to us from the Creator.
Our Okihcitawak (Warrior Societies) have always stood as providers and protectors, reinforcing the roles of our men and ensuring the safety and strength of our people by defending our homes, and upholding the responsibilities given to us by the Creator.
These sacred roles and governing structures have been disrupted by colonial policies such as the Indian Act, which sought to dismantle our way of life and replace it with an ineffective governance model. These policies have harmed our families, removed our children, and attempted to erase our identity as Nehiyawak (Plains-Cree People). However, our laws, our governance, and our responsibilities have never been extinguished. They live within our language, our land, our teachings, our ceremonies, and our people.
Our ceremonies-our Sun Dances and other sacred , closed practices-provide us with the guidance to uphold our responsibilities as leaders, caretakers, and protectors. Our true governance is a way of life, deeply rooted in the land, the wisdom of our Elders, and the spiritual guidance we receive through ceremony.
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If we, as the Enoch Cree Nation , are to fully restore the true governance of our ancestors, we must return to our traditional governing systems. We must restore our Okihcitawiskwewak, uphold the wisdom of our Kehte-ayak, and strengthen our Okihcitawak. We must return to our ceremonies, remembering that our laws come from the Creator.
Our path forward is to reclaim our rightful place as a self-determined Nation, governing as we always have-through family , ceremony, and the balance of Creation.
DECLARATION OF SOVEREIGNTY
The Enoch Cree Nation asserts its Inherent right to govern our people a right that was granted to us by the Creator since time immemorial, long before the existence of Canada or its provinces or territories; Our Inherent rights have never been extinguished, ceded, nor surrendered, and remain intact through our sacred responsibilities to the Creator, to our lands, and to our people;
Enoch Cree Nation is a proud signatory to Treaty No. 6, affirming our sovereign relationship with the Crown, and upholding the sacred covenants established to ensure our survival , prosperity, and self-determination ; Our Treaty was made through the sacred Pipe, which represents our relationship with the Creator, and the spiritual laws we are bound to uphold.
The government of Canada and its provinces sought to destroy our families through genocidal policies such as the Indian Act, the Indian Residential School System, the Reserve Pass System, the Sixties Scoop, and the modern child welfare system , and the Canadian legal system; These deliberate and systemic acts of interference have inflicted immeasurable harm upon our people, yet our resilience and determination remain unbroken.
The answer to restoring the sovereign nationhood of Enoch Cree Nation lies in rebuilding our home fires-returning our families to their rightful place at the heart of our governance and rebuilding our own traditional governing systems and law-making authority.
Through the creation of our own laws, empowered by our Inherent rights, Treaty Rights and Aboriginal Rights and guided by our traditional laws and governance, Enoch Cree Nation will ensure that no child or family of our Nation is ever again harmed, removed , or interfered with by any foreign government or external authority.
This Declaration of Sovereignty underscores our divine responsibility to uphold our Inherent rights through the establishment of our own Constitution aligned with our sacred Pipe Laws that govern us. Guided by our ceremonies we affirm that our sovereignty must be asserted through the development of our own laws and legislation in every sector.
Our Nation stands united and unwavering in the assertion of our sovereignty, for as long as the sun shines, the grass grows, and the rivers flow.
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Our Inherent Rights include, but are not limited to:
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The Right to Self-Governance - The Enoch Cree Nation has the exclusive right to govern ourselves in accordance with our laws, customs, and traditions. The Right to Self-Determination - We alone define our political, economic, social , and cultural structures and institutions. The Right to our Lands and Territories - Our lands, waters, and natural resources are our birthright, and we retain full jurisdiction over them. The Right to Law-Making and Justice - We establish and enforce our own laws based on our traditional governance systems and our inherent authority. The Right to Economic Sovereignty - We have the freedom to develop, regulate , and sustain our own economies for the benefit of our people. The Right to Cultural and Spiritual Well-Being - Our language, ceremonies, and sacred knowledge are protected and preserved for future generations. The Right to Education and Knowledge - We determine how our knowledge is passed down, ensuring our future generations remain strong in their spiritual identity. The Right to International Relationships - We choose how we engage with other Nations, governments, and international bodies. The Right to Protect and Care for Our People - Our governance prioritizes the health , safety, and well -being of our people, including our children , Elders, and future generations.
These Inherent Rights are not privileges given by any foreign government; however, they are recognized through the United Nations Declaration on the Rights of Indigenous Peoples and Section 35 of the Constitution Act 1982 and further affirmed through our Nation-to-Nation Treaty relationship.
Our Inherent Rights were never up for negotiation during Treaty-making and remain fully intact. Any government action that seeks to limit or regulate our Inherent Rights without our free, prior, and informed consent is an infringement on our sovereignty.
This Declaration of Sovereignty stands as an affirmation of our Nation's historic continuity, authority, and independence. We are the rightful stewards of our lands and people, and we will continue to assert our sovereignty for the benefit of all generations to come.
Enoch Cree Nation, Sovereign and Free - Then, Now and Forever.
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WHEREAS section 81 (1) of the Indian Act empowers the Council to pass Bylaws to provide for the safety, health and welfare of residents, the protection of property and the observance of law and order on a Reserve, in addition to, matters arising out of or ancillary to the exercise of powers under section 81 (1) of the Indian Act;
AND WHEREAS Pursuant to Treaty 6 and to its inherent rights, Enoch Cree Nation possesses a right of self-government, which has been recognized and affirmed by the Crown.
AND WHEREAS Making Bylaws, setting standards with respect to matters relating to a safe community such as nuisances to people, property, inappropriate behaviors, disturbing the peace of an individual , vehicle parking restrictions , is an exercise of Enoch's inherent right of Self Government;
AND WHEREAS Nothing in this Bylaw shall be construed so as to abrogate or derogate from the Aboriginal and Treaty rights of the Enoch Cree Nation. These inherent Aboriginal and Treaty rights give the Enoch Cree Nation the jurisdiction and authority to adopt Bylaws, which right is in addition to the rights relating to Bylaws that are provided by s.81 of the Indian Act.
THEREFORE, the council of Enoch Cree Nation, duly assembled, enacts as follows:
1. INTERPRETATION Title 1.1 This Bylaw may be cited as the Community Standards Bylaw. Definitions In this Bylaw, except where otherwise defined: 1.2 "Adjacent Boulevard" means a boulevard which abuts, flanks or adjoins a property, and any land that lies directly between the boundary of a property and an adjacent highway, road or alley.
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"Bylaw" means a Bylaw passed by the Council under the authority of the Indian Act. "Bylaw Enforcement Officer" means any Bylaw officer appointed as such by Council and who, in the execution of their duties, is a person employed for the preservation and maintenance of the public peace.
"Cemetery" means land that is set apart or used as a place for the burial of dead human bodies or other human remains or in which dead human bodies or other human remains are buried .
"Certificate of Occupancy" means a document confirming that a building is suitable for occupancy and meets certain standards, often in the context of housing on reserve lands.
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"Certificate of Possession" means a document that grants a band member lawful possession of a specific parcel of reserve land, allowing them to use and occupy it, but not to own it in the Canadian legal sense of fee simple ownership.
"Chief' means Chief of Enoch Cree Nation.
"Compliance Order" means a written order issued by a Bylaw Enforcement Officer or Peace Officer requiring a Person to remedy a contravention. The written order may:
a)
b)
c)
d)
direct a Person to stop doing something , or to change the way in which the person is doing it;
direct a Person to take any action or measures necessary to remedy the contravention of the enactment or bylaw, including the removal or demolition of a structure that has been erected or placed in contravention of a bylaw, and, if necessary, to prevent a re-occurrence of the contravention ;
state a time within which the person must comply with the directions;
state that if the Person does not comply with the directions within a specified time, the Nation will take the action or measure at the expense of the Person.
"Composting" means the managed practice of recycling organic material, including food and yard waste, through biological degradation in a container or pile, to create useable soil conditioner.
"Council" means the Council of Enoch Cree Nation #135 and #135A. "Deface" means to spoil the surface or appearance of something , including but not limited to, drawing, writing, marking, disfigure, or graffiti and/or tagging.
"Defecate" means to discharge feces from the body. "Derelict Equipment" means equipment or machinery which has been rendered inoperative by reason of its disassembly, damage, age or deterioration of its mechanical condition and includes, but is not limited to, any household appliances stored outside of a residence or other structure, regardless of whether the household appliance is in an inoperative condition .
"Derelict Vehicle" means the entirety or any portion of any motor vehicle, where that vehicle:
a)
is in a rusted, wholly or partially damaged, dismantled, or inoperative condition, and is not located within a structure or located on property such that it can be concealed from view surrounding public, private or Nation lands; or
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b)
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has no subsisting license plate attached to it and in respect of which , no registration certificate has been issued for the current year.
"Designated Officer" means an Enoch Cree Nation employee designated to act on behalf of the Nation for any bylaw enforcement matters in relation to land use, or any other matters as assigned by the Nation.
"Ditch" means a narrow channel dug in the ground, typically used for drainage alongside a road or the edge of a property.
"Elder" means a deeply respected figure within Indigenous communities, honored for their wisdom, lived experience, and connection to cultural and spiritual traditions. Elders serve as guides, teachers, and knowledge keepers, each holding unique roles that contribute to the preservation and vitality of Indigenous identity and ways of being . Elders may be recognized in one or more of the following ways:
a)
b)
c)
d)
Ceremonial Elder: A spiritual leader entrusted with sacred responsibilities . These Elders are keepers of traditional ceremonies and spiritual protocols, such as sweat lodges, pipe ceremonies, naming ceremonies, and other spiritual practices. Their role is to uphold and transmit the sacred knowledge and spiritual responsibilities that sustain the community 's spiritual health .
Knowledge Keeper Elder: An Elder who actively teaches traditional skills and cultural practices, such as drum-making, rattle-making , and the crafting of ceremonial items. They also pass on oral histories, teachings, and protocols that have been shared through generations. These Elders play a vital role in intergenerational knowledge transfer and cultural preservation .
Respected Community Elder: A person recognized for their life experience, moral grounding, and the respect they command within the community. These Elders offer mentorship, counsel , and a stabilizing presence in community life. They model humility, generosity, and strength of character, and are often called upon for guidance in community matters.
Elder by Age (60+): In many communities , individuals aged 60 and older are afforded the status of Elder out of respect for their age and life experience. While not all may hold ceremonial or teaching roles , they are nonetheless valued as carriers of lived wisdom and community continuity .
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Elders are foundational to Indigenous governance, healing, and community well-being . Their voices and presence are vital in decision-making, cultural revitalization , and the restoration of Indigenous law and identity. Eider's will be identified by their own Nation members.
"Encampment" means the locating of, erecting of, or use of a tent, trailer, motor home, truck camper, lean-to, a Motor Vehicle or part of a Motor Vehicle, a portable cabin , storage shed, or any other similar temporary structure for, but not limited to, camping , the provision of sleeping or human occupation.
"Engine Retarder Brake" means commercial vehicles equipped with an engine (Jake) brake. Engine retarder brakes are used in many heavy vehicles as a supplement to the vehicle's service brakes. The principle behind the engine retarder brake is that it changes the action of the exhaust valves, turning the engine into an air compressor, creating loud and excessive noise.
"Fighting" means the act of an assault, violence, conflict , or aggression or engaging in an assault, act of violence, conflict or aggression.
"Hunting" means the activity of hunting wild animals or game, especially for food or sport. Activities include, but not limited to, shoot at, harass or worry , chase, pursue, follow or on the trail of, search for, flush , stalk or lie in wait for, capture or willfully injure or kill or attempt to capture, injure or kill , or assist another person to hunt in a manner specified while that other person is so hunting;
"Indian Act" means Indian Act R. S. C., 1985, c. /-5, amended from time to time. "Littering" means the act of dropping rubbish or debris on the ground and making an area untidy in public, private places including Nation lands.
"Loading Zone" means a portion of a road set aside designated for the exclusive use of vehicles for the loading or unloading of passengers, or goods.
"Motor Vehicle" means:
a)
b)
a vehicle propelled by any power other than muscular power, or
a moped,
but does not include a bicycle, a power bicycle, an aircraft, an implement of husbandry or a motor vehicle that runs only on rails.
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"Nation" means Enoch Cree Nation, I.R. #135 and I.R. #135A, the lands set apart by His Majesty the King in right of Canada for the use and benefit of First Nations.
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"Noise" means any sound which , in the opinion of a Bylaw Enforcement Officer or Peace Officer, having regard to the circumstances, including the time of day, location, duration, and the nature of the activity generating the sound, is likely to annoy or disturb the peace of an individual or to injure, endanger or detract from the comfort, repose, health peace or safety of persons within the Nation.
"Nuisance" includes the physical condition of, use of, or an emission from , a property or a structure which, in the opinion of a Bylaw Enforcement Officer or Peace Officer, constitutes an unreasonable interference with the use and enjoyment of private, public or Nation property, and includes, without limiting the foregoing , unsightly premises.
"Occupant" means any Person other than the registered Owner who is in possession or control of the property including, but not restricted to, a lessee, licensee, tenant, or agent of the Owner.
"Off-Highway Vehicle" means any motorized mode of transportation built for cross-country travel on land, water, snow, ice or marsh or swamp land or on other natural terrain and, without limiting the generality of the foregoing , includes, when specifically designed for such travel:
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b)
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f)
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h)
i)
4-wheel drive vehicles,
low pressure tire vehicles,
motorcycles and related 2-wheel vehicles,
amphibious machines,
all-terrain vehicles,
miniature motor vehicles,
snow vehicles,
minibikes, and
any other means of transportation that is propelled by any power other than muscular power or wind,
but does not include:
j)
k)
motorboats, or
any other vehicle exempted from being an off-highway vehicle by regulation .
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"Operator" means the Person responsible for the day-to-day operations of public, private or Nation premises and a proprietor of public, private or Nation premises. With respect to a motor vehicle, Operator means the Person operating, driving or in care and control of the Motor Vehicle.
"Owner" means any Person, partnership, association , or corporation owning, possessing, having charge of, or care and control , over any property, any Person in control of property under construction and who occupies the property under a lease, license, permit, Certificate of Possession, or Certificate of Occupation.
"Panhandle" or "Panhandling" means a request or solicitation made verbally or otherwise for the gratuitous provision of money or goods from another Person.
"Parkland" means all recreational land areas owned or controlled by the Nation, lying within the Nation limits, and whether improved in whole or in part, or in its natural state, and includes areas administered by the Nation and includes buildings or other improvements situated on these land areas.
"Pathway" means a multi-purpose thoroughfare controlled by the Nation and set aside for use by pedestrians, cyclists and persons using wheeled conveyances, which is improved by asphalt, concrete, gravel, or any other surface, whether it is in a park and includes any bridge or structure with which it is contiguous.
"Peace Officer" means a person appointed as a Peace Officer for the Nation pursuant to section 7 of the Peace Officer Act, SA 2006 c. P-3. 5 and as per the Bylaw Enforcement Officer and Peace Officer Bylaw #2024-100-EOPO (Eagle Feather) .
"Permit" means a permit issued under this Bylaw.
"Person" includes any individual, corporation, society, association, partnership, or firm .
"Pest" means an animal, bird, reptile , insect, plant or disease that may, in the opinion of a Bylaw Enforcement Officer or Peace Officer, may cause annoyance or harm to a Person, that is destroying or harming or is likely to destroy or harm any land, livestock or property.
"Playground" means any park, green space, land within the Nation and controlled by the Nation that has children's play equipment located on the site. Without restricting the generality thereof, playground equipment includes swings, slides, climbing apparatus, and outdoor water parks, skateboard parks and outdoor ice-skating surfaces.
"Premises" means, but not limited to, a residence, store, office, warehouse, factory, building, enclosure, yard or other place occupied, or capable of being occupied, by any person.
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"Property" means any real or personal property which , without limiting the generality of the foregoing , includes any lands, buildings, structures or premises.
"Provincial Offences Procedure Act" means the Provincial Offences Procedure Act, RSA 2000, C.P-34 as amended or appealed and replaced from time to time.
"Public Premises" means all or a part of a building, structure or other enclosed area to which members of the public have access as of right or by express or implied invitation.
"Reasonable State of Repair" means the condition of being structurally sound , free from significant physical or aesthetic damage, free from rot or other deterioration, and safe for its intended use.
"Refuse" means, but not limited to, all solid and liquid waste, debris, junk or effluent belonging to or associated with a house or household or any industry, trade or business, vehicle parts or accessories, furniture , appliances, machinery or parts thereof, bottles, cans, and recyclable materials, animal excrement, and any unused or unusable material that by reason of its state, condition or excessive accumulation , in the opinion of a Bylaw Enforcement Officer or Peace Officer, that appears to have been discarded, derelict, or to be useless or of no particular value, or to be used up or worn out in whole or part.
"Reserve Lands" means the Nation's Reserve lands as such term is defined in the Indian Act.
"Road" means land: a) shown as a road on a plan of survey that has been filed or registered in a land titles office or the Nation's Band Administration Office, or
b) used as a public road, and includes a bridge forming part of a public road and any structure incidental to a public road.
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"School Ground" means that area of land adjacent to a school and that is property owned or occupied by the Kitaskinaw Education Authority, or Nation and includes property owned or occupied with another party or the Nation, including but not limited to, a Daycare.
"Skate Park" means an outdoor area which is designed and intended specifically for the use of skateboards, in-line skates, foot scooters, or other similar devices.
"Sports Field" means land within the Nation and controlled by the Nation which is set apart and used for the playing of a sport including, but not limited to, baseball diamonds, field hockey or cricket pitches, and rugby, soccer, or football fields.
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"Unsightly Premises" means any property, whether land, buildings, improvements to lands and buildings, or any other combination thereof, located within the Nation that, in the opinion of a Bylaw Enforcement Officer or Peace Officer, is unsightly to such an extent as to detrimentally affect the amenities, use, value or enjoyment of surrounding properties in reasonable proximity to the unsightly premises, or is otherwise detrimental to the surrounding area or in an unsightly condition.
"Urinate" to discharge urine from the body.
"Violation Tag" means a Nation issued tag whereby the person alleged to have committed a breach of a provision of a Bylaw is given the opportunity to pay a voluntary penalty to the Nation in lieu of prosecution for an offence.
"Violation Ticket" means a violation ticket, pursuant to a Part 2 Provincial Court summons or a Part 3 offence notice, as defined in the Provincial Offences Procedure Act, R. S.A. 2000, c. P-34.
"Walking Trails" means facilities , but not limited to , for walking and biking trails , park fences , trees, a picnic table , bridge, parking lot or a gazebo.
APPLICATION This Bylaw applies on the Nation within the Reserve Lands. Compliance with this Bylaw does not exempt any person from their obligations under other applicable federal or provincial laws, regulations, or Nation Bylaws.
NUISANCES AND UNSIGHTLY PREMISES
Nuisances
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3.2
An Owner or Occupant of a Property shall not cause or permit a Property or a use of that Property to constitute a Nuisance, including but not limited to, subsection 3.2 below.
Conditions constituting a Nuisance or an Unsightly Premise include, but are not limited to:
a)
b)
c)
the accumulation of Refuse on a Property;
grass more than fifteen (15) centimeters in length, or the presence vegetation which , in the opinion of a Bylaw Enforcement Officer or Peace Officer, demonstrates neglect by the Owner;
the accumulation of animal material , yard material , ashes or scrap building material ;
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i)
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the presence of Derelict Vehicles or Derelict Equipment;
the presence or accumulation of animal carcasses, hazardous materials, noxious fumes, manure or sewage;
the presence of shrubs, trees, or other vegetation which , because of its location on the Property has caused or is causing damage to adjacent properties, or which is obstructing a sidewalk, highway, public place, public works or public utility, including the obstruction of sight lines necessary for the safe operation of Motor Vehicles on a highway within the Nation;
the failure to dispose of Refuse or other waste products accumulating in temporary storage containers on the Property;
the presence of weeds, or noxious weeds , on a Property;
the failure to keep property in a reasonable state of repair, including a lack of repair or maintenance of buildings, structures or Property, which includes but is not limited to:
i)
ii)
iii)
iv)
v)
the significant deterioration of buildings, structures, fences or improvements, or portions of buildings, structures or improvements;
broken or missing windows, doors, doorframes, siding , stairs, steps, landings, balconies, patios, fences , shingles, shutters, eaves, or any other building material ;
significant fading , chipping, peeling , rotting or absence of paint on areas of buildings, structures, fences or improvements on property;
conditions that may create a danger to public safety in the opinion of a Bylaw Enforcement Officer or Peace Officer; and
the incompletion or abandonment of any building or maintenance project.
The presence of graffiti , slander or displaying any type of inappropriate material on a Property, in the opinion of a Bylaw Enforcement Officer or Peace Officer.
No Person shall deface Nation, private or public property within Nation Limits without prior written consent from the Property Owner.
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An Owner or Occupant who has permitted or allowed a Nuisance to exist on an Adjacent Boulevard shall be deemed to have permitted or allowed a Nuisance on their Property.
Unsightly Premises
3.5
An Owner or Occupant shall not cause or permit a property to become an Unsightly Premise.
Dangerous Premises
3.6 Refuse
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3.8
3.9
An Owner or Occupant shall not cause or permit a Property to become a danger to public safety.
An Owner or Occupant shall not cause or permit Refuse to collect, accumulate or to be stored on a Property.
An Owner or Occupant shall not cause or permit Refuse, Derelict Equipment or Derelict Vehicles to accumulate in any building or structure, except in appropriate containers provided for the temporary storage of Refuse or other waste materials for pick-up and disposal at a sanitary land fill , recycling center or other waste management facility , or except as otherwise permitted in this Bylaw.
Notwithstanding subsections 3.7 and 3.8 an Owner or Occupant may cause or permit the temporary storage of materials or Refuse resulting from the construction , demolition or alteration of a Property to be stored on the Property provided that:
a)
b)
c)
it is removed in its entirety from the Property on a regular basis;
it will not pose a fire risk or a risk to the health or safety of the public; and
it is not stored in a Nuisance or unsightly manner, and
at the discretion determined by a Bylaw Enforcement Officer or Peace Officer.
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No Person shall cause or permit Refuse on a Property other than their own, including public, private or Nation property, except in a waste receptacle designed and provided for depositing refuse.
No Person shall cause or permit refuse on Nation Property without obtaining a permit from the Nation.
A Person who causes or permits refuse on Nation Property shall remove that refuse and reclaim the Property to its original condition .
Derelict Vehicles
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No Person shall cause or permit a Derelict Vehicle or Derelict Equipment to be parked, stored or left in any driveway, parking stall or accumulate or collect on a Property except for any tow facility or salvage yard designated for that purpose.
No Person shall cause or permit a Vehicle, Derelict Equipment or Derelict Vehicle to be used for the accumulation or storage of Refuse.
Vegetation and Pest Control
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An Owner or Occupant shall ensure that all vegetation on a Property is maintained and is not overgrown or unsightly.
An Owner or Occupant shall not cause or permit vegetation in any location on their Property which , in the opinion of a Bylaw Enforcement Officer or Peace Officer, may adversely affect the safety of the public.
An Owner or Occupant shall take reasonable and appropriate steps to prevent attracting , sustaining and breeding of pests on a Property.
An Owner or Occupant, where applicable, shall maintain all Adjacent Boulevards that are adjacent to a Property to the same standard as the property itself, in accordance with the provisions of this Bylaw.
Composting
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3.20
An Owner or Occupant shall not cause or permit domestic or other animal feces, animal parts or animal meat on a composting pile or in a composting container on a Property.
An Owner or Occupant who places or allows a composting container or composting pile to remain on a Property shall take all reasonable steps to ensure that it does not become a nuisance, unsightly or attract pests.
Drainage
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An Owner or Occupant shall not cause or permit the flow of water from a hose or other device on a Property to be directed towards an adjacent Property if there is a reasonable likelihood that the water from the hose or other device will enter the adjacent Property in a manner or quantity likely to interfere with the adjacent Property.
An Owner or Occupant shall not cause or permit a rainwater downspout or eavestrough on a Property to be directed towards an adjacent Property if there is a reasonable likelihood that the water from the downspout or eavestrough will enter the adjacent Property.
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An Owner or Occupant shall not cause or permit snow, mud, or composting materials or waste to be pushed or piled into a ditch, lane way or easement, in a manner likely to interfere with the drainage or flow of water.
Smoke, Particulate, and Light Pollution
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An Owner or Occupant shall not engage in , cause or permit any activity likely to allow smoke, dust, gas or any similar airborne particulates or gases to escape from a Property which , in the opinion of a Bylaw Enforcement Officer or Peace Officer, is likely to disturb another Person.
An Owner or Occupant shall not cause or permit an outdoor light to shine directly into the living areas of an or onto an adjacent Property in a manner which , in the opinion of a Bylaw Enforcement Officer or Peace Officer, is likely to disturb a Person of an adjacent Property.
An Owner or Occupant shall not cause or permit an outdoor light on a Property to shine in a manner which, in the opinion of a Bylaw Enforcement Officer or Peace Officer, is likely to interfere with public safety.
Noise
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No Person shall:
a)
b)
c)
cause or permit an unnecessary or excessive noise within the Nation;
operate, or permit any other Person to operate, a motor vehicle that causes unnecessary or excessive noise within the Nation; or
operate, or permit any other Person to operate, an Off-Highway Vehicle that causes unnecessary or excessive noise within the Nation.
The use of Engine Retarder Brakes (Jake Brake) that may disturb the peace of an individual within the Nation's limits is prohibited .
An Owner or Occupant shall not cause or permit a property to be used in such a way that a noise originating from the Property is likely to disturb the peace of another Person.
The Nation may, upon a written request, issue a permit to a Person for the purpose of allowing a specific noise, and such a permit shall specify the dates and hours during which the noise may occur.
Subsections 3.27 and 3.29 do not apply to:
4.
a)
b)
c)
d)
e)
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work carried out by the Nation or its agents, employees, servants, contractors or employees, acting within the scope of their agency, contract or employment, as the case may be;
people using domestic equipment including lawnmowers, snow blowers, garden tillers, and vacuum cleaners, and people owning or occupying property where such equipment is being used, if:
i)
ii)
iii)
the noise is of a temporary or intermittent nature;
the equipment is properly maintained and operated in a normal manner for that type of equipment; and
the noise occurs between the hours of 7:00 am and 10:00 pm;
persons using heating or air conditioning units, if the heating or air conditioning unit is properly maintained and being used in a normal manner;
community events, where such an event is authorized by the Nation; and
ceremonial events.
PUBLIC BEHAVIOURS
Littering
4.1
A Person shall not leave any garbage, litter or other Refuse in a public place except in a receptacle designed and intended for such use.
Panhandling
4.2
4.3
4.4
A Person shall not panhandle in any public place.
A Person shall not panhandle in an aggressive manner in any public place.
For the purpose of subsection 4.3, and without limiting the generality of the phrase, a Person shall be panhandling in an "aggressive manner" if they:
a)
b)
obstruct or impede the passage of another Person;
make continued requests or solicitations after receiving a negative response from another Person;
c)
d)
e)
17
insult, threaten , coerce or intimidate another Person;
make physical contact with another Person; or
are intoxicated by alcohol or under the influence of illegal drugs;
while panhandling.
Urination and Defecation
4.5
4.6
A Person shall not urinate in a public place except in a facility designed and intended for such use.
A Person shall not defecate in a public place except in a facility designed and intended for such use.
Dangerous Actions
4. 7
A Person shall not throw or propel an object or allow or cause to throw or propel an object, or act in any other way, in a public place that is reasonably likely to cause injury to another Person or damage to Property.
Fighting
4.8
4.9
A Person shall not participate in a fight or other similar physical confrontation in a public place, whether or not consensual , voluntary or involuntary.
Subsection 4.8 does not apply to public events authorized by the Nation, such as but not limited to, Mixed Martial Arts (MMA) , Boxing, Wrestling , in a controlled environment.
Bullying
4.10
4.11
In this section "harassed" includes, but is not limited to, feeling tormented , troubled, worried, plagued or badgered, experiencing objectionable or unwelcome conduct, comment, bullying , or actions that could reasonably cause offence or humiliation, including conduct, comment, bullying , or actions because of race, religious beliefs, color, disability, age, ancestry, place of origin , marital status, source of income, family status, gender, gender identity, gender expression , sexual orientation , or a sexual solicitation or advance including financial abuse.
In this section , "communicate" and "communication" includes but is not limited to words spoken, written , or recorded electronically or electro-magnetically or otherwise as well as gestures, signs or other visible representations.
4.12
18
A Person shall not, in a public place, communicate, cause or permit communication with any Person in a way that causes the Person, reasonably in all circumstances, to feel harassed.
Weapons
4.13
4.14
4.15
A Person shall not possess any loaded weapon , capable of launching or firing a projectile, on the Nation.
A Person shall not cause or permit a weapon to launch or fire a projectile on the Nation.
Subsections 4.13 and 4.14 do not apply to a Bylaw Enforcement Officer or Peace Officer in the execution of their duties.
Hunting
4.16
4.17
4.18
In the interest of public safety hunting may only be permitted without a firearm or weapon capable of launching or firing a projectile.
Written permission to conduct hunting activities, in accordance with subsection 4.16, on any land within the Nation shall be obtained from the landowner, whether the landowner holds a Certificate of Occupancy, Certificate of Possession or is the Nation.
Any Person that received permission to conduct hunting activities on a parcel of land shall carry proof of the written permission from the landowner on their Person and produce to any Peace Officer upon their request.
Ceremonial Artifacts
4.19
No Person shall cause or permit the interference, removal, defacing, destruction of any ceremonial artifact, traditional or cultural item such as, but not limited to, prints, art, murals, statues, ceremonial sites, or anything used in traditional or cultural ceremonies.
Cemeteries
4.20
No Person shall willfully destroy, mutilate, write on, deface, injure, or remove any monument, tombstone , or marker, or any structure, vehicle, building , machinery, tool, equipment, or any material placed or left in the Cemetery, or any railing , fence, or other work for the protection, maintenance, or ornamentation of the Cemetery, or burial plot, or willfully destroy, cut, pick, break, or injure any tree, shrub, or plant in the Cemetery, or play any game or sport, or discharge or carry a firearm , or who willfully or unlawfully disturb Persons assembled for the purpose of burying a body in the Cemetery, or commit a nuisance, or at any time behaves in an indecent or unseemly manner in the Cemetery.
4.21
4.22
4.23
19
No Person shall turn loose, or allow to go at large, any animals in the Cemetery.
No Person shall operate or be permitted to operate, ride, park, any Off-Highway Vehicles within the Cemetery.
No Person shall interfere with, improperly or indecently interfere with or offer any indignity to a dead body or human remains, whether buried or not, including the act of exhumation.
Encampments
4.24
4.25
5.
5.1
5.2
5.3
5.4
5.5
No Person shall construct, set up, cause or allow to construct or set up, occupy or allow to occupy, be at or in possession of any type of an encampment anywhere within the boundaries of the Nation' Reserve Lands.
Notwithstanding subsection 4.24, approved camping may be permitted at designated locations such as, but not limited to, the Powwow Grounds and other Ceremonial Grounds, during a scheduled event.
PARKING
No Person shall park or permit any portion of a vehicle, trailer, or any combination thereof to obstruct a portion of a sidewalk and impede, interfere with, or create a hazard to pedestrians.
No Person shall stop or park or permit a vehicle on a sidewalk or boulevard, or any part of a sidewalk or boulevard unless a traffic control device permits or requires such parking.
No Person shall stop or park a vehicle or permit a vehicle to be left upon any highway or road in such a manner to block, obstruct, impede or hinder traffic.
A vehicle shall not be parked on a highway or road in any location identified as a no parking zone.
A vehicle shall not stop on a highway or road in any location identified as a no stopping zone.
Disabled Persons Parking
5.6
The Owner or Operator or any Person of a vehicle which is not identified by a valid disabled person's placard or license plate issued or recognized by the Alberta Registrar of Motor Vehicle Services; shall not stop or park the vehicle in a parking space designated for disabled parking.
5.7
5.8
20
The Owner or Operator or any Person of a vehicle that is identified by a valid disabled Person's placard issued or recognized by the Alberta Registrar of Motor Vehicle Services; shall be used for the transportation of a Person with a disability while the vehicle is stopped or parked in a parking space designated for disabled parking.
The Owner or Operator or any Person of a vehicle that is identified by a valid disabled person's placard issued or recognized by the Alberta Registrar of Motor Vehicle Services; and is being used for the transportation of a person with a disability, shall display the placard clearly visible while the vehicle is stopped or parked in a parking space designated for disabled parking.
Eider's Parking
5.9
No Person shall stop or park a vehicle in a parking stall designated for Eider's parking unless they are an Elder.
Emergency Access Parking
5.10
5.11
5.12
5.13
No Person shall stop or park a vehicle on a highway or road in any location identified as a fire lane, emergency access zone or otherwise being for the use of emergency vehicles.
No Person shall stop or park a vehicle that may interfere with the use of a doorway intended as a fire or emergency exit from any building.
No Person shall stop or park a vehicle within five (5) meters of a fire hydrant or otherwise marked by a traffic control device.
No Person shall stop or park a vehicle that may obstruct the approach to any fire , police station , or medical center access.
Loading Zone Parking
5.14
No Person shall stop or park a vehicle in a designated loading zone unless the vehicle is actively loading or unloading goods or passengers.
Abandoned Vehicles
5.15
5.16
A vehicle shall not be parked for longer than seventy-two (72) consecutive hours on any highway or road.
A vehicle shall not be parked for longer than seventy-two (72) consecutive hours on private property without the consent of the Owner or Person in possession or control of the property.
5.17
21
For the purposes of subsections 5.15 and 5.16, a vehicle that is left standing or parked for more than seventy-two (72) consecutive hours, is considered an abandoned vehicle.
Private or Nation Property
5.18
5.19
5.20
No Person shall park a vehicle or allow a vehicle to be parked on public or Nation property that is clearly identified as having restrictions on parking unless permission or authorization of the Owner or Person having possession or control of the property has been given for such parking .
A vehicle parked on private property in contravention of any specific restriction on parking identified for the location is presumed to be parked without the permission or authorization of the Owner or Person having possession or control of the property.
A vehicle parked on any Parkland owned by the Nation including boulevards, playgrounds, recreation areas, or right-of-way outside of authorized signs or outside the direction of a Bylaw Enforcement Officer, Peace Officer or special event permit is presumed to be parked without the Nation's permission or authorization.
Vehicle Operation
5.21
5.22
5.23
No Person shall Operate a vehicle or equipment having, but not limited to, metal spikes, lugs, chains, tracks, cleats, skids, or object projecting from the surface of the wheel or tire of the vehicle, on a highway or road, unless a permit to do so has been issued by the Nation.
Subsection 5.21 does not apply to vehicles using studded tires.
No Person shall Operate or permit the operation of a vehicle or equipment or trailers to track any material or debris onto the highway or road .
Activities on Highways or Roads
5.24
5.25
A Person shall not cause or permit any Person to wash a vehicle and leave, but not limited to dirt, mud, oil on a highway or road , drain lubricating oils, or any fluids associated with the operation of a vehicle, or creating slush , ice from washing a vehicle upon a highway or road , or any parking lot or lands owned by the Nation.
A Person shall not cause or permit any Person to pass beyond a point designated by a Peace Officer or member of the Enoch Fire and Rescue Services or disregard any other directions by any construction flag person or uniformed emergency professional conducting traffic control.
5.26
5.27
5.28
6.
6.1
6.2
6.3
6.4
6.5
7.
22
A person shall not cause or permit any person to climb, interfere with , vandalize, or damage any public, private, Nation property, street furniture , protection system or any other utility system or work of the Nation.
A Person shall not cause or permit any Person to gather, crowd, jostle, harass any other Person on a highway or roadway in a manner that may interfere with the safe use of the highway by vehicles or pedestrians.
No Person shall cause to place or permit to be placed, any substance, material , vehicle or thing on any parkland , pathway, utility right of way, or other public area, unless a permit has been obtained from the Nation.
OFF-HIGHWAY VEHICLES
A Person may operate an Off-Highway Vehicle within the Nation, except where the Nation restricts Off-Highway Vehicle operation, on land Owned by that Person, or on land owned by some other Person with the consent of that other Person.
A Person shall not operate or permit a person to operate an Off-Highway Vehicle in a careless and/or unsafe manner.
Bylaw Enforcement Officers, Peace Officers, Police of jurisdiction, and Nation staff conducting work within the Nation within the scope of their duties are authorized to use Off-Highway Vehicles.
Off-Highway Vehicles being operated with the Nation's boundaries:
a)
b)
c)
shall be registered ;
shall be insured;
shall have a license plate clearly visible/legible/attached to the rear of the Off-Highway Vehicle.
No Person shall Operate, permit to operate or ride, if the Off-Highway Vehicle allows for the safe transportation of passengers, an Off-Highway Vehicle without an approved safety helmet.
ENFORCEMENT
Offence
7 .1
Any Person who contravenes this Bylaw is guilty of an offence.
Continuing Offence
7.2
23
In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues and a person guilty of such an offence is liable to a fine in an amount not less than that established in this Bylaw for each such day.
Owner Liable
7.3
In this section "Owner" includes:
a)
b)
c)
d)
any Person registered as an Owner at the motor vehicle registry ,
if a vehicle is involved in an offence under this Bylaw, the owner of that vehicle is guilty of that offence,
this section does not apply if the Owner of the vehicle satisfies the Court that, at the time that the vehicle was involved in the offence:
i)
ii)
the Owner of the vehicle was not driving or did not park the vehicle, and
no other Person was driving or parked the vehicle with the Owner's expressed or implied consent,
an Owner who is guilty of an offence by operation of this section is not liable to imprisonment in respect of that offence or in respect of a default of a fine imposed in respect of that offence.
Vicarious Liability
7.4
For the purposes of this Bylaw, an act or omission by an employee or agent of a Person is deemed also to be an act or omission of the Person if the act or omission occurred during the employee's employment with the Person, or during the agent exercising the powers of or performing duties on behalf of the Person under their agency relationship.
Corporations and Partnerships
7.5
When a corporation commits an offence under this Bylaw, every principal , director, manager, employee, or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether the corporation has been prosecuted for the offence or not.
7.6
24
If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence.
Removal of Vehicles
7.7
7.8
7.9
A Peace Officer is hereby authorized to remove or cause any vehicle to be removed :
a)
b)
parked in contravention of any provision of this Bylaw; or
where emergency conditions may require such removal from a highway or road .
Any vehicle removed under this section shall remain impounded by the towing firm until claimed by the Owner.
No impounded vehicle shall be released to its owner until all impounding charges have been paid to the towing firm ; these charges shall be in addition to any fine or penalty imposed in respect of the said violation .
Fines and Penalties
7 .10
A Person who is guilty of an offence is liable to a fine in an amount not less than that established in "Schedule A" attached to and forming part of this Bylaw, or to imprisonment for a term not exceeding thirty (30) days, or to both fine and imprisonment.
a)
A Person who is guilty of an offence may be referred to an alternative measures program such as mandatory attendance to a sharing circle or another program the Restorative Justice department deems necessary, including but not limited to, counseling or other treatment programs, in lieu of a fine .
Violation Tags and Violation Tickets
7.11
Any Peace Officer who has reasonable and probable grounds to believe that any Person has contravened any provision of this Bylaw, may issue, and serve:
a)
b)
a Violation Tag allowing payment of the specified penalty to the Nation; or
a Violation Ticket in accordance to the provisions of the Provincial Offences Procedures Act, RSA 2000 cP-24.
7 .12
7 .13
7.14
25
Service of a Violation Tag or Violation Ticket will be sufficient if it is:
a)
b)
c)
d)
personally served,
served by regular mail or registered mail to the person or registered owner of the vehicle's last known mailing address,
attached to or left upon the vehicle in respect of which the offence is alleged to have been committed: or
i)
Notwithstanding subsection 7.12(c) above, a Violation Ticket may not be attached to or left upon a vehicle and must be served in accordance with the Provincial Offences Procedures Act, RSA 2000 cP-24.
left for the Person charged at their place of residence with an occupant thereof who appears to be at least eighteen (18) years of age or older.
If a Violation Ticket is issued in respect to an offence, the violation ticket may: a) specify the fine amount established by this Bylaw for the offence; or b) require a person to appear in Court without the alternative of making a voluntary payment.
A Person who commits an offence may: a) if a Violation Tag is issued in respect of an offence; and b) if the Violation Tag specifies the fine amount established by this Bylaw for the offence; may
c) d)
i)
in lieu of being prosecuted for the offence, pay the Nation the penalty specified on the Violation Tag,
if a Violation Ticket is issued in respect of an offence; and if the Violation Ticket specifies the fine amount established by this Bylaw for the offence; may
i)
make a voluntary payment equal to the specified fine as instructed in the Violation Ticket.
Obstruction 7.15 No Person shall provide false information, obstruct or hinder any Bylaw Enforcement Officer, Peace Officer, or Person in the execution or performance of their duties pursuant to this Bylaw.
26
Compliance Orders 7 .16 If a Bylaw Enforcement Officer or Peace Officer believes on reasonable grounds, that a Person is contravening any provision of this Bylaw, they may by written order, require any Person responsible for the contravention to remedy it.
7 .17
7 .18
A Person named in and served with a written order issued pursuant to this Bylaw shall comply with all action(s) or measure(s) required to be taken within the time specified.
A written order issued pursuant to this Bylaw may be served: a) personally, to the individual , b) by posting it on the property for the individual or leaving it for the individual at their apparent place of residence with someone who appears to be eighteen (18) years of age or older; or,
c)
d)
by regular mail or registered mail addressed to the individual at their apparent place of residence or at any address for the individual on the Band Membership List or at the Land Titles registry or Band Administration Office; and,
In the case of a corporation : i) by delivering it personally to any director or officer of the corporation ,
ii)
iii)
by posting in on the property for a Person or the corporation or delivering it personally to a Person apparently in charge of an office of the corporation at an address held out by the corporation to be its address; or,
by regular mail or registered mail addressed to the registered office of the corporation .
Certified Copy of Records 7.19 A copy of a record of the Nation certified by the Chief Operating Officer or Designate as a true copy of the original , shall be admitted in evidence as prima facie proof of the facts stated in the record without proof of the appointment or signature of the person signing it.
Permits 7.20 A Person to whom a permit has been issued pursuant to this Bylaw, and any Person carrying out an activity otherwise regulated , restricted , or prohibited by this Bylaw pursuant to such a permit , shall comply with any terms or conditions forming part of the permit.
7.21
7.22
7.23
27
A Person shall not make any false or misleading statement or provide any false or misleading information to obtain a permit pursuant to this Bylaw.
If any term or condition of a permit issued pursuant to this Bylaw is contravened or if a false or misleading statement or false or misleading information was provided to obtain the permit, a Bylaw Enforcement Officer or Peace Officer may immediately cancel the permit.
A Person shall immediately produce a permit issued pursuant to this Bylaw when requested to do so by a Bylaw Enforcement Officer or Peace Officer.
Proof of Permit 7.24 The onus of proving a permit or permit approval has been issued in relation to any activity otherwise regulated , restricted, or prohibited by this Bylaw is on the Person alleging the existence of such a permit on a balance of probabilities.
Appeals 7.25 A Person may, within seven (7) days of receiving a Compliance Order, appeal the Compliance Order by filing a written request to the Enoch Cree Nation Sanctioning Body.
7.26
7.27
7.28
7.29
Within fourteen (14) days after the filing of the request, the Sanctioning Body shall conduct a hearing with respect to the appeal.
At least seven (7) days prior to the date of the hearing, the Sanctioning Body shall : a) give written notice to the appellant of the date, time and place of the hearing and inform the appellant that they must appear in Person or Virtually and can make oral or written submissions, or both, at the hearing in support of the appeal. Written submissions or any documentation must be submitted to the Sanctioning Body seven (7) days prior to the hearing.
At the hearing, the Sanctioning Body shall : a) provide the appellant with an opportunity to present evidence and to make oral or written submissions, or both, at the hearing in support of the appeal ; and
b)
provide any Person present at the hearing with the opportunity to be heard.
After it has heard all the evidence and submissions, the Sanctioning Body shall meet in private to consider the appeal.
7.30
8. 8.1
8.2
9.
9.1
9.2
28
The Sanctioning Body in considering the appeal shall give written notice of its decision within seven (7) days to the appellant by:
a) dismissing the appeal , b) uphold some or all the direction(s) specified in the Compliance Order; or c) vary the original direction(s) specified in the Compliance Order. SEVERABILITY If any provision of this Bylaw or any parts thereof are found by a Court of competent jurisdiction to be illegal or beyond the power of the Council to enact, such provision or parts thereof shall be deemed to be severable and all other provisions or parts of this Bylaw shall be deemed to be separate and independent there from and to be enacted as such.
This Bylaw shall come into force and effect upon the adoption by the Council and the publishing of the Bylaw in the First Nations Gazette, pursuant to the requirements of the Indian Act Amendment and Replacement Act, SC 2014, c. 38, as amended from time to time.
AMENDMENT
This Bylaw may be amended by Administration without a motion consensus or Band Council Resolution . Amendments may include, but are not limited to, the inclusion of a Preamble specific to the needs of Enoch Cree Nation, definitions, translating the Bylaw into the Cree language and formatting the Bylaw without changing any context of the Bylaw.
Any amendments will come into force on the date of publishing of the amendment in the First Nations Gazette, pursuant to the requirements of the Indian Act Amendment and Replacement Act, SC 2014, c. 38, as amended from time to time.
10.
EFFECTIVE DATE
29
This Bylaw is hereby passed at a duly convened meeting of the Council of the Enoch Cree Nation this oZ I day of /v ~ , 20 .2£.
Chief Print n~ under signature) t5J.y ! j_(5h-,Q==7
Councill
(print name 1Jllder signature) A m ~ ~ rV1 c, 1· n
~ Councillor (print name under signature) ~"<--sl-=c 0-'v.-1.\..,<.p
Cou
·1or (print name under signature) jS(_~. .n Q__ M D A.J A.J
Councillor (print name under signature)
Councillor (print name under signature)
Coun lor (print name under signature) 0e✓oM~ (S_A ll or, V\
Councillor (print name under signature) <gc._c,....-.r~ ~(>..__~ \J') - G:,..rd' I I"""\ tr..\
( (toc.rvj)
3(3 .1) 3(3 .3) 3(3.4) 3(3.6) 3(3 .7) 3(3.8) 3(3.10) 3(3.11) 3(3.12) 3(3 .13) 3(3.14) 3(3.15) 3(3.16) 3(3.17) 3(3.18) 3(3.19) 3(3.20) 3(3.21) 3(3.22) 3(3 .23) 3(3 .24) 3(3.25) 3(3.26) 3(3.27)(a) 3(3.27)(b) 3(3.27)(c) 3(3.28) 3(3.29)
30
3. Nuisances and Unsightly Premises Cause/Permit Property to Constitute a Nuisa nee Deface Nation/Private/Pu blic Property Cause/Permit an Adjacent Boulevard to Constitute a Nuisance Cause/Permit Property to become an Unsightl y Premise Cause/Permit Refuse to Accumulate/Collect/be Stored on a Property Ca use/Permit Any ltem/Materia I to Accumulate/ be Stored in Building/Structure Inappropriately Ca use/Permit any Refuse on Property other than Owners Property Cause/Permit Refuse on Nation Propertyw/o Authorization Fail to Remove Refuse Placed on Nation Property/Restore Property to Original Condition Cause/Permit Derelict Vehic le/Eq uipment to be Parked/Stored on Driveway/Stall/Property Cause/Permit Vehicle/Derelict Vehicle/Equipment to Accumulate/Store Refuse Cause/Permit Vegetation on Property to Become Overgrown/Unsightly Ca use/Permit Vegetation on Property to Adversely Affect the Safety of the Public Fa ii to Take Reasonable Steps to Prevent Attracting/Breeding of Pests on Property Fail to Maintain Adjacent Boulevard as Specified Cause/Permit Domestic/Other Animal Feces/Animal Parts/Meat on Composte Pile/in Container Fail to Take Reasonable Steps to Ensure Composting Pile Does Not Become a Nuisance/Attract Pests Ca use/Permit Water from Device to Flow Tow a rds/lnterfere with Adjacent Property Cause/Permit Rainwater Downspout/Eavestrough Water to Flow/Interfere with Adjacent Property Cause/Permit Any Material to be Piled in Laneway/Easement/Ditch that lntereferes with Drainage Cause/Permit Any Material/Partical to Escape from Property that Disturbs Another Person Ca use/Permit Outdoor Lighting to Shine in Area/Adja centProperty that Disturbs Another Person Cause/Permit Outdoor Lighting to Interfere with Public Safety Cause/Permit Excessive/Unecessa ry Noise within the Nation Operate/Permit a Motor Vehicle Producing Excessive/Unecessary Noise within the Nation Operate/Permit an Off-Highway Vehicle Producing Excessive/Unecessa ry Noise within the Nation Prohibited Use of Engine Retarder Brakes Cause/Permit Noise from Property that Disturbs the Peace ofan Individual
ties 1st 2nd & Sub. Offence Offences
500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 750 500 500 500 500 500 500 500 500
1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000
4(4.1) 4(4.2) 4(4.3) 4(4.5) 4(4.6) 4(4.7) 4(4.8) 4(4.12) 4(4.13) 4(4.14) 4(4.16) 4(4.17) 4(4.18) 4(4.19) 4(4.20) 4(4.21) 4(4 .22) 4(4.23) 4(4.24)
5(5.1) 5(5.2) 5(5.3) 5(5.4) 5(5.5) 5(5.6) 5(5.7) 5(5.8) 5(5.9) 5(5 .10) 5(5.11) 5(5.12) 5(5.13) 5(5 .14) 5(5.15) 5(5.16) 5(5 .18) 5(5.19) 5(5 .20) 5(5.21) 5(5.23) 5(5.24) 5(5.25) 5(5.26) 5(5.27) 5(5.28)
31
4. Public Behaviours Littering Panhandle in a Public Place Agressively Panhandle in a Public Place Urinate in a Public Place Defecate in a Public Place Cause/Permit a Dangerous Action in Public Place likely to Harm Another Person/Damage Property Fight/Physical Confrontation in a Public Place Cause/Permit Bullying/Harrassment in a Public Place Possess Loaded Weapon Capable oflaunching/Firinga Projectile on the Nation Cause/Permit a Weapon to Launch/Fire a Projectile on the Nation Hunt with a Weapon When Prohibited Hunt on Land w/o Permission from Landowner Fail to Carry/Produce Written Permission to Hunt on Land Immediately Upon Request Ca use/Permit lnterference/Deface/Remova I/Destroy any Traditiona I Ceremonia I Artifact/Item Destroy/Deface/Mutilate/Interfere with/Disturb Persons/Commit a Nuisance in a Cemetery Turn loose/Allow Animals at Large in a Cemetery Operate/Permit to Operate/Ride/Park/Off-Highway Vehicle in a Cemetery Interfere with/Offer Indignity to Dead Body/Human Remains Whether Buried or Not/Exhumation Set Up/Construct/Allow/Occupy/Possess an Encampment within the boundaries of the Nation 5. Parking Ca use/Permit Vehicle to Obstruct Sidewalk/Interfere/Create Haza rd with Pedestrians Stop/Park Vehicle on Sidewa lk/Bou levard Stop/Park Vehicle on Roadway that Blocks/Obstructs/Impedes/Hinders Traffic Park Vehicle in No Parking Zone Stop Vehicle in No Stopping Zone Stop/Park Vehicle in Dis a bled Persons Parking w/o Dis a bled Persons Placard Stop/Park Vehicle in Disabled Parking Using Disabled Persons Placard for Persons w/o Disability Fail to Display Disabled Persons Placard Properly/Clearly Visible Stop/Park Vehicle in Eider's Parking Zone Stop/Park Vehicle in Emergency Access Zone/Fi re Lane Stop/Park Vehicle Obstructing Doorway/Fire/Emergency Exit from Building Stop/Park Vehicle w/i 5 Meters ofa Fire Hydrant Stop/Park Vehicle Obstructing Approach to Fire/Police Station/Medica I Center Access Stop/Park Vehicle in Loading Zone while Prohibited Park Vehicle >72hrs on Roadway Park Vehicle >72hrs on Private Property w/o Owners Consent Park/Allow to Park Vehicle on Public//Nation Property w/o Authorization Park/Allow to Park Vehicle on Private Property w/o Authorization Park/AI low to Park Vehicle on Parkland w/o Authorization Ca use/Permit Vehicle/Equipment on Road Having Spikes/Lugs/Tracks/Cleats/Spikes/Other Object Cause/Permit Vehicle/Equipment to Track Material on Road Cause/Permit to Wash Vehicle/Drain Vehicle Fluids/Other Fluids/Cause Debris on Road/Parking Lot Fail to Obey Directions of Peace Officer/Fire Personnel/Uniformed Emergency Personnel Ca use/Permit to Climb/Interfere/Vandalize/Damage Street Furniture/Utility System/Any Property Cause/Permit to Gather/Crowd/Harass Person/Interfere Safe Use of Road by Vehicles/Pedestrians Ca use/Permit to Place Any Subs ta nee/Object/Vehicle/Item on Parkland/Utility Way/Pathway
1000 750 1000 1000 1000 1000 1000 800 1000 1000 1000 1000 250 1000 1000 500 500 1000 1000
250 250 300 250 250 500 500 250 250 500 500 500 500 250 250 250 250 250 500 1000 500 250 500 500 500 250
Court 1000 Court Court Court Court Court 1000 Court Court Court Court 500 Court Court 1000 1000 Court Court
500 500 600 500 500 1000 1000 500 500 1000 1000 1000 1000 500 500 500 500 500 1000 Court 1000 500 1000 1000 1000 500
6(6.1) 6(6.2) 6(6.4)(a) 6(6.4)(b) 6(6.4)(c) 6(6.5)
7(7.15) 7(7.17) 7(7 .20) 7(7.21) 7(7 .23)
32
6. Off-HighwayVehlcles Operate/Permit Operation of Off-Highway Vehicle Where Prohibited/Unauthorized Operate/Permit Operation of Off-Highway vehicle in Unsafe Manner/Carelessley Operate/Permit Operation of Unregistered Off-Highway Vehicle Operate/Permit Operation of Uninsured Off-Highway Vehicle Operate/Permit Operation of Off-Highway Vehicle w/o License Plate clearly visible/legible/attached Operate/Permit Operation/Ride/Passenger of Off-Highway Vehicle not Wearing Safety Helmet 7. Enforcement Obstruct/Hinder/Provide False Info to Bylaw/Peace Officer/Designated Person Fail to Comply with a Complia nee Order Contravene Permit Terms/Conditions Make False/Misleading Statement/Information to Obtain Permit Fail to Produce Permit Upon Request to Bylaw/Peace Officer/Designate
500 800 350 500 250 250
1000 500 1000 1000 250
1000 1000 700 1000 500 500
Court 1000 Court Court 500