DOIG RIVER INDIAN BAND NOISE CONTROL BYLAW NO. 1

Transcription

1 DOIG RIVER INDIAN BAND NOISE CONTROL BYLAW NO. 1 BYLAW NO. 1 OF THE DOIG RIVER INDIAN BAND A BYLAW FOR THE PREVENTION OF NOISE ENACTED ON THE 27th DAY OF March, WHEREAS: A. The Council o f the Doig River Indian Band deems it advisable and necessary for die benefit, comfort and safety o f the inhabitants o f the Doig River Indian Band to provide for the prevention o f noise on the reserve; B. The Council o f the Doig River Indian Band may under paragraph 81 o f the Indian Act make bylaws: (1) for the prevention o f noise (s.81 (l)(d); and (2) with respect to any matter arising out o f or ancillary to the exercise o f powers under section 81 (s.81 (l)(q)); (3) for die imposition o f a penalty for a violation for a bylaw made under section 81 (s. 81(l)(r)); NOW THEREFORE the Council o f the Doig River Indian Band at a duly convened meeting enacts the following bylaw: SHORT TITLE 1 Doig River Indian Band Noise Control Bylaw INTERPRETATION 2 In this Bylaw, band means the Doig River Indian Band; 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 o f 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,

2 2 excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, offhighway 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 including 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, but does not include any such device or vehicle if operated only within the premises o f a person; Council means the Council, as defined in the Indian Act, of the Doig River Indian Band; motor vehicle includes an automobile, motorcycle, and any other vehicle that is propelled and designed to be operated primarily on a highway, motorized vehicle includes a motorized snow vehicle, ATV, quads, dirt bikes, traction engine, farm tractor, self-propelled implement o f husbandry or road building machine within the meaning of 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; point o f reception means any point on the premises o f a person where sound vibration originating from other than those premises is received; officer means any police officer, police constable or other person charged with the duty to preserve and maintain the public peace, and a bylaw officer or any other person appointed by the Council for the purpose o f maintaining law and order on the reserve; person includes a corporation; reserve means all present and any fixture reserves o f the Doig River Indian Band and includes the bands Reserve No. IR206 APPLICATION 3 This Bylaw applies to all land within the geographic limits o f a reserve

3 3 GENERAL PROHIBITIONS No person may emit or cause or permit the emission o f sound which can be heard at a point o f reception within a reserve resulting from: (c) (d) (e) (f) racing of any motorized conveyance or motor vehicle other than in a racing event regulated by law; the operation o f a vehicle in such a way that the tires squeal; the operation o f a combustion engine or pneumatic device without an effective muffler in good working order and in constant operation; the operation o f a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance; the operation o f a motor vehicle hom or other warning device except where required or authorized by law or in accordance with good safety practices; or the operation o f any item o f construction equipment within the reserve without effective muffling devices in good working order and in constant operation. PROHIBITIONS BY TIME AND PLACE 5 No person shall emit or cause or permit the emission o f sound which can be heard at a point o f reception within a reserve resulting from any act listed in Schedule A within the reserve within the prohibited time as shown. EXEMPTION 6 Despite any other provision of this Bylaw, a person may emit or cause or permit the emission o f sound or vibration in connection with emergency measures undertaken: for the immediate health, safety or welfare o f the inhabitants of a reserve; or for the preservation or restoration o f property; if the sound or vibration is clearly not o f a longer duration or nature more disturbing, than is reasonably necessary to accomplish the emergency purpose.

4 4 GRANT OF EXEMPTION BY COUNCIL Application to Council 7 ( 1 ) Despite any provision in this Bylaw, a person may apply in writing to Council to be granted an exemption from any o f the provisions o f this Bylaw with respect to any source o f sound or vibration for which they may be prosecuted. (2) Council may, by resolution, (c) refuse to grant an exemption; grant the exemption applied for, or grant an exemption of lesser effect; (3) any exemption granted under subsection (2) must specify the time period, not in excess o f 3 months, during which it is effective and may contain such terms and conditions as Council sees fit. Decision 8 In deciding whether to grant the exemption, Council must give the person applying and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit. Reapplication Breach 9 Where Council has refused a person s application under Section 7, the person may make further application for a period o f (1) year from the date o f the refusal, unless the person can show that there has been a material change o f circumstance. 10 Breach of any of the terms or conditions o f any exemption granted by Council will render the exemption null and void. OFFENCE 11(1) Every person who creates or causes a noise contrary to the provisions o f this Bylaw 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 whatever period as is reasonable in the circumstances. (3) In determining whether a period fixed by an officer under subsection (2) was reasonable in the circumstances, a court may take into account: the nature and extent o f the noise;

5 5 (c) the methods available to abate the noise; and the effect o f the order on any business or means o f livelihood of the person who is subject to the order. ENFORCEMENT 12(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 Bylaw or who resists or interfered with an officer acting under this Bylaw, commits an offence. PENALTY 13 A person who commits an offence under this Bylaw is liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding thirty (30) days, or to both. APPROVED AND PASSED at a duly convened meeting o f the Council o f the Doig River Councillor Ls j - e. I, Garry Oker, Chief o f the Band, do hereby certify that a true copy o f the foregoing Bylaw was mailed to the Minister o f Indian Affairs and Northern Development at the District/

6 6 SCHEDULE A Prohibition by time The detonation o f fireworks or explosive devices not used in construction, without prior notification to Chief and Council, and someone o f 19 years o f age, taking liability for the said event. The discharge o f firearms with in the built up area o f houses. 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 used for any purpose other than agricultural. The operation o f any stereo or electrical or other system which transducers, and produces, reproduces or amplifies sound. The operation o f any auditory signaling device, including but the ringing o f bells, or gongs, and the blowing o f horns, or sirens or whistles, 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. Yelling, shouting, hooting, whistling, or singing. Loading, unloading, delivering, packing, unpacking, or otherwise handling any containers, products, materials, or refuse, unless required to maintain essential services, or move 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. At all times At all times At all times 11 P.M. to 7 A.M. 11 P.M to 7 A.M. 11 P.M to 7 A. M. 11 P.M to 7 A.M. 11P.M. to 6 A.M. 11 P.M to 7 A.M. 11P.M. to 7 A.M. 11 P.M. to 7 A.M. - *