POKAGON BAND OF POTAWATOMI INDIANS

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SIGN AND LEAFLETING ACT

CHAPTER 1

SECTION 1.01

SECTION 1.02

SECTION 1.03

SECTION 1.04

SECTION 1.05

SECTION 1.06

SECTION 1.07

SECTION 1.08

SECTION 1.09

CHAPTER 2

SECTION 2.01

SECTION 2.02

CHAPTER 3

SECTION 3.01

SECTION 3.02

SECTION 3.03

SECTION 3.04

CHAPTER 4

SECTION 4.01

SECTION 4.02

SECTION 4.03

SECTION 4.04

SECTION 4.05

SECTION 4.06

SECTION 4.07

CHAPTER 5

SECTION 5.01

CHAPTER 6

SECTION 6.01

SECTION 6.02

SECTION 6.03

SECTION 6.04

SECTION 6.05

SECTION 6.06

SECTION 6.07

GENERAL PROVISIONS ........................................................................................................2

SHORT TITLE........................................................................................................................ 2

AUTHORITY .......................................................................................................................... 2

FINDINGS .............................................................................................................................. 2

PURPOSE ............................................................................................................................... 3

APPLICABILITY .................................................................................................................... 3

CONSTRUCTION.................................................................................................................... 3

SEVERABILITY ...................................................................................................................... 3

EFFECTIVE DATE ................................................................................................................. 4

DEFINITIONS......................................................................................................................... 4

PROHIBITION AND EXCEPTIONS WITHIN BAND LAND ............................................. 5

PROHIBITION ........................................................................................................................ 5

EXCEPTIONS ......................................................................................................................... 6

SIGNS WITHIN PUBLIC FORUM ........................................................................................ 6

AUTHORIZATION .................................................................................................................. 6

DISPLAY LIMITATIONS ........................................................................................................ 7

PHYSICAL LIMITATIONS ...................................................................................................... 7

LOCATION LIMITATIONS ..................................................................................................... 7

SIGNS WITHIN RESIDENTIAL LAND ................................................................................ 8

AUTHORIZATION .................................................................................................................. 8

APPROVAL OF TENANT ........................................................................................................ 8

MULTI-FAMILY LIMITATION .............................................................................................. 8

USE RESTRICTION LIMITATIONS ........................................................................................ 8

PHYSICAL LIMITATIONS ...................................................................................................... 8

CONSTRUCTION LIMITATIONS ............................................................................................ 8

LOCATION LIMITATIONS ..................................................................................................... 9

LEAFLETING WITHIN PUBLIC FORUM AND RESIDENTIAL LAND .........................9

AUTHORIZATION .................................................................................................................. 9

LIMITATIONS ...................................................................................................................... 10

ENFORCEMENT .................................................................................................................... 10

SIGN OFFICIAL ................................................................................................................... 10

CIVIL CITATION ................................................................................................................. 11

CIVIL PENALTIES ............................................................................................................... 11

DISPOSITION OF SIGNS....................................................................................................... 11

OTHER REMEDIES .............................................................................................................. 12

TRIBAL COURT JURISDICTION .......................................................................................... 12

SOVEREIGN IMMUNITY ...................................................................................................... 12

LEGISLATIVE HISTORY ................................................................................................................................. 12

Current through March 31, 2016; Res. 16-03-31-02

CHAPTER 1

General Provisions

Section 1.01 Short Title

This Act shall be known, and may be cited as, the "Sign and Leafleting Act".

Section 1.02 Authority

The Tribal Council enacts this Act pursuant to Article III, Sections 1 and 2 of the Band

Constitution and the legislative powers of the Tribal Council as enumerated in Article IX,

subsections 2(a) and 2(d) of the Band Constitution and in accordance with the duties of the

Tribal Council stated in Article IX, subsections 1(a) and 1(c) of the Band Constitution.

Section 1.03 Findings

The Tribal Council finds as follows:

(a) As a sovereign nation predating the U.S. Constitution, the Band is not constrained by the

U.S. Constitution or jurisprudence interpreting the U.S. Constitution, including the First

Amendment;

(b) The Band is governed by the Band Constitution;

Council include to “promote and protect the peace, health, safety . . . and general welfare of the

Band;”

(d) Under Article XVI of the Band Constitution, the Band is prohibited from making or

enforcing any law abridging “freedom of speech” in exercising the powers of self-government;

(e) The right of “freedom of speech” under the Band Constitution is not absolute; and

(f) The right of “freedom of speech” may be subordinated to certain community interests,

including without limitation:

(1) Protecting drivers and pedestrians from injury and property damage caused by, or

attributable to, obstructing or distracting Signs or by Leafleting;

(2) Preserving community appearance by regulating the character, design and placement

of Signs and the distribution of Leaflets;

(3) Preserving the shared use of Band Land, including recreation areas and common

areas;

Current through March 31, 2016; Res. 16-03-31-02

(4) Protecting freedom of speech and association of Individuals who reside in multifamily housing units;

(5) Preserving Land Preserves for intended purposes consistent with Article IV of the

Band Constitution;

(6) Ensuring continued economic growth in furtherance of self-sufficiency and selfdetermination; and

(7) Ensuring continued delivery of essential services to Citizens in an efficient manner;

and

(g) This Act is necessary to protect self-governance and control internal relations of the

Band.

Section 1.04 Purpose

The purpose of this Act is to establish reasonable standards regulating Signs and Leafleting on

Band Land that preserve the right of “freedom of speech” protected under the Band Constitution

while serving certain community interests.

Section 1.05 Applicability

This Act shall apply to all Persons on Band Land.

Section 1.06 Construction

(a) To the extent reasonable, this Act shall be read and interpreted in a manner that is

consistent with the Band Constitution, but in the event of any inconsistency, the provisions of the

Band Constitution shall control.

(b) This Act shall be liberally construed in order to accomplish its purpose as set forth in

Section 1.04 of this Act.

framework governing interpretation of “freedom of speech” under the Band Constitution.

Section 1.07 Severability

(a) If any provision of this Act, or the application thereof to any Person or circumstance,

shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such

judgment shall not affect, impair, or invalidate the remainder of this Act, which shall continue in

full force and effect.

(b) To the extent this Act conflicts with any provision of any Band law, except the Election

Code or Housing Act, or any resolution or motion of the Tribal Council or any rule, regulation,

Current through March 31, 2016; Res. 16-03-31-02

policy or procedure of the Band, the provisions of this Act shall govern and the conflicting

provisions are hereby superseded and repealed.

Section 1.08 Effective Date

This Act shall become effective on the date of its enactment.

Section 1.09 Definitions

The following terms are defined under this Act:

(a) “Act” means this Sign and Leafleting Act.

(b) “Band” means the Pokagon Band of Potawatomi Indians.

(d) “Band Land” means any land held in trust for the Band or owned by the Band or any

entity that is wholly-owned by the Band, along with all rights-of-way under the jurisdiction of

the Band.

(e) “Citizen” means a duly enrolled member of the Band.

(f) “Civil Citation” means a written direction issued by the Sign Official that requests a

Person to appear before the Tribal Court by a stated time and place to answer for an alleged

violation of this Act.

(g) “Code of Offenses” means the Code of Offenses of the Band, as amended.

(h) “Department of Housing” means the Department of Housing of the Band.

(i) “Election Code” means the Election Code of the Band, as amended.

(j) “Housing Act” means the Housing Act of the Band, as amended.

(k) “Individual” means any natural person.

(l) “Land Preserve” means any Band Land classified as a land preserve in accordance with

Article IV, Section 1(c) of the Band Constitution.

(m) “Leaflet” means any printed information, including without limitation, any pamphlet,

booklet, brochure, circular, flyer, handout, fact sheet or bulletin.

(n) “Leafleting” means to distribute Leaflets.

(o) “Person” means any Individual or any entity regardless of form.

Current through March 31, 2016; Res. 16-03-31-02

(p) “Personally Attended To” means an Individual being physically present within ten (10)

feet of a Sign.

(q) “Prosecutor” means the prosecutor of the Band.

(r) “Public Forum” means:

(1) Public streets, sidewalks and parks located on Band Land, excluding Residential Land

and all Band Land utilized by the Pokagon Gaming Authority or Mno Bmadsen or any entity

wholly owned by Mno Bmadsen;

(2) The rented or assigned portion of Band facilities utilized by Citizens for non-Band

sponsored events, but only for the specified time period; and

(3) Any other area designated as a Public Forum by resolution of the Tribal Council,

subject to all limitations set forth in such resolution.

(s) “Residential Land” means any Band Land leased to a tenant for residential use.

(t) “Sign” means any sign, banner, flag, pennant, sticker or similar display, but does not

include any image which is incorporated into clothing worn by an Individual, including any

button.

(u) “Sign Official” means the Band Planner or Building Official, or any other Person

designated to serve in such capacity by resolution of the Tribal Council.

(v) “Tribal Council” means the Tribal Council of the Band established under Article X of the

Band Constitution.

(w) “Tribal Court” means the trial level court of the Band.

(x) “Trust Land” means any land held in trust for the Band, along with all rights-of-way

under the jurisdiction of the Band.

(y) “Vehicle Sign” means a Sign affixed to a vehicle, such as a bumper sticker or door

placard.

CHAPTER 2

Prohibition and Exceptions within Band Land

Section 2.01 Prohibition

Except as otherwise authorized by this Act, no Person shall display any Sign or engage in

Leafleting on Band Land.

Current through March 31, 2016; Res. 16-03-31-02

Section 2.02 Exceptions

(a) This Act shall not apply to:

(1) Any Sign displayed, or Leafleting engaged in, on Band Land by, or on behalf of, the

Band or another government, in furtherance of a government function, including without

limitation, traffic control, directional signs, warning signs, and official notices and postings;

(2) Any Sign displayed, or Leafleting engaged in, on Band Land by, or on behalf of, the

Band or any entity wholly owned by the Band, in furtherance of any economic development

or commercial purpose;

(3) Any Sign displayed, or Leafleting engaged in, on Band Land that is leased by, or on

behalf of, or assigned to, a Person for any economic development or commercial purpose,

provided that the Sign shall only advertise, and the Leaflet shall be related to, business

conducted on the same premises where the Sign is located and shall be subject to all

applicable laws; or

(4) Any Vehicle Sign displayed on a vehicle which is lawfully operated or parked on

Band Land, subject to all applicable laws, including without limitation, traffic laws, the

Housing Act and the Election Code, provided that a Vehicle Sign shall:

(i) Not obstruct any vehicle window;

(ii) Not obstruct any vehicle light or signal;

(iii) Be affixed properly and securely to the vehicle; and

(iv) Not pose a threat to public health, safety and welfare.

(b) The exceptions stated in Sections 2.02(a)(2), (3) and (4) of this Act shall not apply to

Land Preserves.

of this Act shall, to the greatest extent practicable, be consistent with returning such area to

“natural state” in accordance with Article IV, Section 1(c) of the Band Constitution.

CHAPTER 3

Signs within Public Forum

Section 3.01 Authorization

A Person may display in a Public Forum, a Sign with a noncommercial message that is protected

under Article XVI(a) of the Band Constitution, in accordance with all applicable laws, including

without limitation, Chapter 3 of this Act and the Election Code.

Current through March 31, 2016; Res. 16-03-31-02

Section 3.02 Display Limitations

A Sign displayed in a Public Forum described in Section 1.09(r)(1) or 1.09(r)(3) shall:

(a) Be held by an Individual or Personally Attended To at all times while it is displayed; and

(b) Be displayed only during the time period between sunrise and sunset.

Section 3.03 Physical Limitations

A Sign displayed in a Public Forum shall not:

(a) Exceed six (6) square feet in size if held or Personally Attended To by one (1) Individual;

(b) Exceed twelve (12) square feet in size if held or Personally Attended To by more than

one (1) Individual;

(d) Be illuminated or have any lights;

(e) Contain moving parts, including caused by wind;

(f) Contain any sharp edges or points;

(g) Emit smoke, fumes or sounds; or

(h) Pose a fire hazard or other threat to public health, safety and welfare.

Section 3.04 Location Limitations

An Individual displaying a Sign within a Public Forum shall not:

(a) Stand in any traffic lane when a road is open for use by moving vehicles;

(b) Obstruct the view of any traffic or intersection;

(d) Obstruct any pedestrian travel;

(e) Be within twenty-five (25) feet of any entrance to a Band building;

(f) Be within twenty-five (25) feet of any Land Preserve; or

(g) Be disorderly or disruptive.

Current through March 31, 2016; Res. 16-03-31-02

CHAPTER 4

Signs within Residential Land

Section 4.01 Authorization

A Person may display Signs on Residential Land, subject to all applicable laws, including

without limitation, this Act, the Housing Act and the Election Code.

Section 4.02 Approval of Tenant

A Person shall not display a Sign on Residential Land without the prior approval of the tenant of

such Residential Land.

Section 4.03 Multi-Family Limitation

A Person shall not display a Sign on Residential Land if a multi-family housing unit (other than a

duplex) is located on the Residential Land without the prior written approval of every tenant of

such Residential Land.

Section 4.04 Use Restriction Limitations

A Person shall not display a Sign on Residential Land in violation of Section 3.2(b) of the

Department of Housing Use Restrictions All Residents (prohibiting display of signs in

connection with home occupations).

Section 4.05 Physical Limitations

No Sign shall be displayed on Residential Land that:

(a) Is larger than nine (9) square feet;

(b) Is higher than four (4) feet high when installed, excluding flags;

(d) Is illuminated or has any lights;

(e) Is inflated or air activated;

(f) Emits smoke, fumes or sounds; or

(g) Poses a fire hazard or other threat to public health, safety and welfare.

Section 4.06 Construction Limitations

(a) Signs shall be structurally sound and properly constructed.

Current through March 31, 2016; Res. 16-03-31-02

(b) Signs may be self-supporting, including a-framed, or secured to the ground by stakes or

metal rods.

including underground utilities and, in the event of any such damage, the Person shall, upon

demand of the Band in accordance with Chapter 5 of this Code, reimburse the Band for all costs,

expenses and fees arising from all such damage.

Section 4.07 Location Limitations

No Sign shall be displayed on Residential Land:

(a) In any manner or location that obstructs:

(1) The view of any traffic or intersection;

(2) The view of, or creates confusion with, any traffic sign or signal;

(3) Ingress or egress from any window or door;

(b) Within:

(1) Three (3) feet from the curb or edge of any road;

(2) Three (3) feet from any public sidewalk; or

(3) Five (5) feet from any property line of the leased Residential Land;

(1) Any utility pole or tree;

(2) The exterior of any housing unit; or

(3) Any Band building, facility, structure or equipment.

CHAPTER 5

Leafleting Within Public Forum and Residential Land

Section 5.01 Authorization

(a) A Person may engage in Leafleting in a Public Forum in a manner protected under

Article XVI(a) of the Band Constitution, in accordance with all applicable laws, including

without limitation, Chapter 3 of this Act and the Election Code.

Current through March 31, 2016; Res. 16-03-31-02

(b) A Person may engage in Leafleting on Residential Land with the prior approval of the

tenant, subject to all applicable laws, including without limitation, this Act, the Housing Act and

the Election Code.

Section 5.02 Limitations

An Individual engaging in Leafleting within a Public Forum shall not:

(a) Stand in any traffic lane when a road is open for use by moving vehicles;

(b) Obstruct the view of any traffic or intersection;

(d) Obstruct any pedestrian travel;

(e) Be disorderly or disruptive;

(f) Be within twenty-five (25) feet of any entrance to a Band building;

(g) Be within twenty-five (25) feet of any Land Preserve;

(h) Place a Leaflet on any:

(1) Utility pole or tree;

(2) Band building, facility, structure or equipment; or

(3) Vehicle.

CHAPTER 6

Enforcement

Section 6.01 Sign Official

(a) The Sign Official shall be responsible for enforcement of this Act.

(b) The Sign Official shall have the authority to implement the following enforcement

measures for any violation of this Act:

(1) Remove any unattended Signs displayed on Band Land;

(2) Issue verbal or written warnings; and

(3) Issue Civil Citations to:

Current through March 31, 2016; Res. 16-03-31-02

(i) Any Citizen for any violation within Band Land; or

(ii) Any Person, other than a Citizen, for any violation within Trust Land.

Section 6.02 Civil Citation

(a) The Prosecutor shall prosecute all civil infractions arising from the issuance of a Civil

Citation.

(b) The Prosecutor shall bear the burden of proof to establish by a preponderance of evidence

that a Person violated this Act.

Section 6.03 Civil Penalties

(a) Any Person to whom a Civil Citation is issued for a violation of this Act shall be liable

for:

(1) A civil fine not to exceed $5,000;

(2) Restitution for all damages arising in connection with the violation of this Act;

(3) All costs of arising from the removal of any unattended Signs displayed on Band

Land in violation of this Act.

(b) The Tribal Court may find any Person who was issued a Civil Citation and fails to either

attend a Tribal Court hearing, or to comply with a Tribal Court order, to be guilty of civil

contempt.

Act.

(d) All civil fines accruing under this Act shall be cumulative, and a suit for the recovery of

one fine shall not bar or affect the recovery of any other fine, judgment, penalty, forfeiture or

damages, nor bar the power of the Tribal Court to punish for contempt, nor bar any criminal

prosecution.

Section 6.04 Disposition of Signs

(a) If the Sign Official did not issue a Civil Citation to a Person in connection with any

unattended Sign removed under this Act, then the Sign Official shall store the Sign for at least

ten (10) calendar days, provided that:

Current through March 31, 2016; Res. 16-03-31-02

(1) Within such time period, a Person may reclaim any unattended Sign removed under

this Act by paying the Band a reasonable administrative fee set by the Sign Official, which

shall not exceed ten dollars and 00/100 ($10.00) per Sign; or

(2) If no Person reclaims in accordance with the above any unattended Sign removed

under this Act, then the Sign Official may destroy or discard the Sign.

(b) If the Sign Official issued a Civil Citation to a Person in connection with any unattended

Sign removed under this Act, then the Sign Official shall store the Sign during the duration of the

civil action, including any appeal, provided that except as otherwise ordered by the Tribal Court,

the Sign Official may destroy or dispose of the Sign if the Band prevails in the civil action.

Section 6.05 Other Remedies

(a) The exercise of any remedy under this Act shall not limit any other available rights or

remedies of the Band, including without limitation, under the Election Code, Housing Act or

Code of Offenses.

(b) In accordance with Section 1(L) of the Code of Offenses, through the resolution

approving this Act, the Tribal Council hereby expressly designates the Sign Official as a “Public

Official” for purposes of the Code of Offenses.

Section 6.06 Tribal Court Jurisdiction

The Tribal Court shall have exclusive jurisdiction over civil infractions arising from the issuance

of a Civil Citation.

Section 6.07 Sovereign Immunity

(a) The Sign Official is an officer of the Band government and shall be immune from suit

when acting in an official capacity to the fullest extent permitted by law.

(b) Nothing in this Act shall waive the sovereign immunity of the Band or any of its officials,

employees or representatives.

LEGISLATIVE HISTORY

Sign and Leafleting Act, enacted March 31, 2016, by Res. No. 16-03-31-02.

Current through March 31, 2016; Res. 16-03-31-02

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.