RINCON BAND OF LUISEÑO INDIANS

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RINCON INDIAN RESERVATION, CALIFORNIA

RINCON PEACE AND SECURITY ORDINANCE

RINCON TRIBAL CODE §15.200

Adopted on March 27, 2008

Amended on October 7, 2021

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

TABLE OF CONTENTS

§15.200

§15.201

§15.202

§15.203

§15.204

§15.205

§15.206

§15.207

§15.208

§15.209

§15.210

§15.211

§15.212

§15.213

§15.214

§15.215

§15.216

PURPOSE AND INTENT .............................................................................. 1

AUTHORITY .................................................................................................. 1

APPLICABILITY TO NON-INDIAN ACTIVITIES ON NON-INDIAN

OWNED FEE LANDS WITHIN THE RESERVATION ........................... 1

APPLICABILITY TO NON-INDIAN ACTIVITIES ON TRIBAL

LANDS WITHIN THE RESERVATION .................................................... 2

LIBERAL CONSTRUCTION ....................................................................... 3

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

CIVIL INFRACTIONS AGAINST PROPERTY ...................................... 12

CIVIL INFRACTIONS AGAINST THE PEACE ..................................... 15

CIVIL INFRACTIONS AGAINST THE TRIBAL GOVERNMENT .... 18

CIVIL INFRACTIONS AGAINST PERSONS AND ANIMALS ............ 18

CIVIL INFRACTIONS AGAINST MINORS AND PERSONS UNDER

THE AGE OF 21 ........................................................................................... 20

DRUG AND ALCOHOL CIVIL INFRACTIONS .................................... 20

CIVIL INFRACTIONS AGAINST HEALTH AND SAFETY ................ 21

PROHIBITION OF LARGE PARTIES & GATHERINGS .................... 26

ENFORCEMENT ......................................................................................... 27

HEARING PROCEDURES AND PENALTY ........................................... 30

GENERAL PROVISIONS ........................................................................... 35

APPENDIX A-Schedule of Fines for Rincon Peace and Security Code Violations .. 36

Amended August 21, 2012

Amended March 2, 2017 by Resolution 2017-11

Amended April 18, 2017 by Resolution 2017-17

Amended May 11, 2017 by Resolution 2017-21

Amended March 29, 2018 by Resolution 2018-09

Amended May 10, 2018 by Resolution 2018-17

Amended November 16, 2018 by Resolution 2018-29

Amended September 12, 2019 by Resolution 2019-48

Amended October 10, 2019 by Resolution 2019-59

Amended November 12, 2019 by Resolution 2019-62

Amended January 30, 2020 by Resolution 2020-09

Amended October 7, 2021 by Resolution 2021-57

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page i

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

§15.200

PURPOSE AND INTENT

The Rincon Band of Luiseño Indians, also known as the “Tribe,” is a sovereign

Indian tribal government. The Rincon Band of Luiseño Indians, in order to protect the

health, safety, and general welfare of its members, residents, and guests, exercises

regulatory authority over all lands within the exterior boundaries of the Rincon

Reservation. The purpose of this law is protect the peace and security of all Band Members,

guests of and visitors to the Rincon Reservation from and against harassment, vandalism,

disruption of the peace and other antisocial acts, both in public and in private.

§15.201

AUTHORITY

The Rincon Tribal Council, pursuant to the Articles of Association Section 6,

(b) and (c) is vested with the authority to enact ordinances protecting the health, safety, and

general welfare of Band Members and non-Indians who are visitors, guests or reside on the

Rincon Reservation, as well as, to protect the natural resources of the Rincon Reservation.

§15.202

APPLICABILITY TO NON-INDIAN ACTIVITIES ON NON-INDIAN

OWNED FEE LANDS WITHIN THE RESERVATION

Applicability of this Ordinance to non-Indian activities occurring on non-Indian

owned fee lands located within the exterior boundaries of the Rincon Reservation.

(a) In Montana v. United States, 450 U.S. 544 (1981), the Supreme Court

held that tribes generally do not have jurisdiction over non-Indian activities occurring on

reservation fee lands, subject to two important exceptions:

(1)

A tribe may regulate the activities of non-members who enter

consensual relationships with the tribe or its members, through

commercial dealings, contracts, leases, or other arrangements; and

(2)

A tribe may also retain inherent power to exercise civil authority

over conduct that threatens or has some direct effect on the political

integrity, the economic security or the health and welfare of the

tribe.

(b) Prior to applying this Ordinance to non-Indian activities occurring on fee

lands located within the Rincon Reservation, the Tribal Administration enforcement officer

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 1

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

must first determine that the non-Indian activities seeking to be regulated fall within one

of the exceptions set forth in Section 15.202(a).

§15.203

(1)

The Tribal Administration enforcement officer shall include a

written determination under Section 15.202(a) within any Notice of

Violation in which non-Indian activities occurring on fee lands

located within the Rincon Reservation are the basis for the violation.

(2)

The recipient of any such Notice of Violation shall be entitled to a

preliminary jurisdictional hearing before the Rincon Tribal Court.

(3)

If the recipient objects to tribal jurisdiction and requests a

jurisdictional hearing, the burden shall be on the Tribe to establish

tribal jurisdiction pursuant to federal common law.

APPLICABILITY TO NON-INDIAN ACTIVITIES ON TRIBAL

LANDS WITHIN THE RESERVATION

Applicability of this Ordinance to non-Indian activities occurring on tribal lands

located within the exterior boundaries of the Rincon Reservation.

(a) In New Mexico v. Mescalero Apache Tribe, 462 U.S. 324 (1983) and

Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982), the Supreme Court held that tribes

have inherent sovereign power to exclude nonmembers from tribal lands, including the

lesser power to place conditions on their re-entry and continued presence through civil

regulation of the nonmember activities, subject to one exception:

(1)

A tribe may not regulate the activities of non-members where there

is a competing state interest and the exercise of tribal authority is

not essential to protect tribal self-government and to control internal

relations.

(b) Prior to applying this Ordinance to non-Indian activities occurring on

tribal lands located within the Rincon Reservation, the Tribal Administration enforcement

officer must first determine that the non-Indian activities to be regulated fall outside of the

exception set forth in Section 15.203(a)(1).

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 2

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

§15.204

(1)

The Tribal Administration enforcement officer shall include a

written determination under Section 15.203(a)(1) within any Notice

of Violation in which non-Indian activities occurring on tribal lands

located within the Rincon Reservation are the basis for the violation.

(2)

The recipient of any such Notice of Violation shall be entitled to a

preliminary jurisdictional hearing before the Rincon Tribal Court.

(3)

If the recipient objects to tribal jurisdiction and requests a

jurisdictional hearing, the burden shall be on the Tribe to establish

tribal jurisdiction pursuant to federal common law.

LIBERAL CONSTRUCTION

This Ordinance shall be liberally construed to give full effect to the objectives

and purposes for which it was enacted. Furthermore, the Ordinance shall be interpreted and

construed to:

(a) Preserve the peace, harmony, safety, health and general welfare of the

people of the Tribe and those permitted to enter or reside on the Reservation;

status;

(b)

Ensure peace and order on the Rincon Reservation;

(c)

Promote the welfare of the Tribe and its members;

(d)

Safeguard individual rights and community standards;

(e)

Secure rights and powers, which are inherent in the Tribe's sovereign

(f) Exert jurisdiction over all matters essential to the Tribe's selfdetermination and self-governance;

(g) Treat all parties fairly and without prejudice, protecting individual rights

guaranteed by the Indian Civil Rights Act, 25 U.S.C. § 1301 et seq. and by the traditions,

customs and laws of the Tribe; and

(h)

Adopted 3/27/08

Resolve disputes fairly and efficiently.

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 3

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

§15.205

DEFINITIONS

For the purposes of this Ordinance, the following definitions shall apply:

(a) “Adult Tribal Member” means any tribal member of the Rincon Indian

Reservation who is 18 years of age or older, for the purpose of this Ordinance.

(b) “Alter” shall mean to change, modify, or vary in some degree; to change

some of the elements, ingredients or details without substituting an entirely new thing or

destroying the identity of the thing affected.

setting forth rules of procedure to govern the operations and recognize the governing body

of the Tribe, adopted by the General Membership on February 14, 1960, and approved by

the Commissioner of Indian Affairs on March 15, 1960.

(d) “Business Committee” means the five (5) member Business Committee

established under Section 3(a) of the Articles of Association. "Business Committee" shall

be synonymous with "Tribal Council" or “Rincon Tribal Council” as may be used in this

Ordinance or any existing or future Tribal Ordinance.

(e) “Bodily injury” means a cut, abrasion, bruise, burn, physical pain,

causing illness, impairment of a function of a bodily organ, or mental faculties and/or any

other injury to the body, no matter how temporary.

(f) “Breach of the peace” means conduct destroying or menacing public

order and tranquility and may include acts of violence or acts or words likely to produce

violence as well as acts or conduct that threaten the public peace.

Ordinance.

(g)

“Civil infraction” means a violation of Tribal law as set forth in this

(h) “Controlled substance” means any drug or other substance under the

provisions of Chapter 13, Title 21, Section 802, “Controlled Substance” of the United

States Code.

(i) “Criminal street gang” means an ongoing organization, association, or

group of three or more persons, whether formal or informal, having as one of its primary

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 4

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

activities the commission of one or more criminal acts set forth in either Tribal, federal or

state law.

(j) “Damage” means loss, injury, or deterioration to property causing it to

decrease in strength, value, amount or quality.

(k) “Dangerous drug” means any drug that is included in Chapter 13, Title

21, Section 802, "Dangerous Drug" schedules I, II, III, IV, or V of the United States Code.

The terms include a devise or a drug that bears or is required to bear the legend: [__]

Caution: Federal law prohibits dispensing without a prescription; or [__] Caution: Federal

law restricts this drug to use by or on the order of a licensed veterinarian.

(l) “Dangerous weapon” means any weapon, devise, material or substance,

whether animate or inanimate, which in the manner it is used or intended to be used is

known to be capable of producing death or serious bodily injury (for example, clubs, brass

knuckles).

(m) “Deface” means damage to monuments, buildings or other structures by

changing the physical appearance.

(n) “Destroy” means to ruin the structure, organic existence or condition of

a thing or property, to demolish to injure or mutilate beyond possibility of use.

(o) “Dumping” as used in this Ordinance means the open disposal,

depositing, burying, or non-permitted burning of any Waste Matter, including but not

limited to the discarding or long-term storage of any items of solid waste commonly known

as garbage, rubbish, refuse construction and demolition debris, household trash,

appliances, diapers, food service wastes, tires, scrap metal, vehicle parts, fence wire and

all other items and materials defined as “Waste Matter” below, and the discarding of any

vehicles which do not have value beyond scrap value and which are inoperable and

unlicensed or which are considered abandoned due to the surrounding conditions.

(p) “Dispose” or “Disposal” as used in this Ordinance means to abandon,

discharge, deposit, inject, dump, spill, leak, or place any substance into or on any land or

water or so that such substances or any constituent thereof may enter the environment. The

placement of biodegradable material in a properly maintained compost pile is not disposal

of Waste Matter.

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 5

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(q) “Equipment” means implements of husbandry, a farm tractor or trailer

of any kind that is used for agricultural purposes, that is less than 50 years old.

(r) “Felt Tip Marker” means any broad-tipped marker pen with a tip

exceeding three-eighths of one inch in width, or any similar implement containing an ick

that is not water soluble.

(s) “Financial loss” means a loss of money or of something by which money

or of value may be acquired.

(t) “Firearm” means any devise designed to be used as a weapon, from

which is expelled through a barrel a projectile by the force of an explosion or other form

of combustion.

(u) “Fire hazard” means any condition or conduct, as determined by Tribal

Administration, the Fire Department, Law Enforcement, Environmental Protection

Department or any federal agency, which: (a) increases or may increase the threat of fire

as determined or extinguishing fire or (b) may obstruct, delay, hinder or interfere with the

operations of the fire department or the egress of occupants in the event of fire.

(v) “General Membership” means enrolled members who are twenty-one

years (21) of age or older pursuant to Section 5 of the Articles of Association.

(w) “Knowingly” means a person who acts when he or her is aware that his

or her conduct will necessarily or likely cause a particular result, that there is high

probability that certain circumstances exist, or deliberately avoids learning the truth.

(x)

“Land Owner” means any person in legal possession of land.

(y) “Large Party” means a party at which one hundred or more people are

expected to attend and alcohol will be served.

(z) “Litter” means the willful and/or negligent throwing, placing, sweeping,

dropping, or scattering of small quantities of Waste Matter left in a place other than a place

or container for proper disposal. Litter also includes any Waste Matter that escapes or is

allowed to escape from a container or receptacle by a person on public property, on private

property not owned by the person, or in or on waters of the Reservation.

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 6

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(aa) “Marijuana” means all parts of the plant Cannabis sativa L. whether

growing or not, under the provision of Chapter 13, Title 21, Section 802, "Marijuana" of

the United States Code.

(bb) “Marking Substance” means any substance or implement, other than

aerosol paint containers and Felt Tip Markers that could be used to draw, spray, paint, etch,

or mark.

(cc) “Minor” means any person, Indian or non-Indian under 18 years of age.

(dd) “Motor Vehicle” or “Vehicle” shall include cars, any motorcycle, OffRoad Vehicles, trucks, pocket bike, motorized scooter, motorized skateboard, golf cart,

motorized quad/tricycle, self-propelled wheelchair, electronic personal assistive mobility

device, and all other forms of motorized transportation.

(ee) “Natural Formations” means trees, rocks, landscape formations and

other items or features of cultural significance as determined by the Cultural Resources

Director.

(ff) “Narcotic Drug” means any drug under the provision of Chapter 13, Title

21, Section 802, “Narcotic Drug” of the United States Code.

(gg) “Off-Road Vehicle” means any motorized vehicle designed for, or

capable of, cross-country travel on or immediately over land, water, sand, snow, ice, marsh,

swampland, or other natural terrain; but such term does not include:

(A) any registered motorboat at the option of each State;

(B) any military, fire, emergency, or law enforcement vehicle when used

for emergency purposes; and

of the Interior or the Secretary of Agriculture under a permit, lease,

license, or contract.

(hh) “Ordinance” means this Rincon Government Ordinance, as amended

from time to time.

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 7

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(ii) “Person” means any individual, group, corporation, firm, partnership,

joint venture, association, social club, estate, trust, or similar such entity, or a governmental

entity, unit, or agency, whether Tribal, local, State, or Federal.

(jj) “Petitioner” means the Person who submits a Request for Hearing to the

Rincon Tribal Court pursuant to § 15.215 of this Ordinance.

(kk) “Private Property” means any tangible personal property and real

property such as land or structures and buildings affixed to land, whether owned in trust by

the United States for the benefit of the Tribe, owned in fee by the Tribe or any Person,

allotments where title is held in the name of the United States for the benefit of an

individual Indian, or assignments of tribal trust land issued to tribal members and permitted

successors-in-interest, or lands otherwise tribally-controlled or owned pursuant to 18

U.S.C.§1151.

(ll) “Probable Cause” means the existence of trustworthy facts or knowledge

sufficient for a reasonable person to believe that an infraction pursuant to this Ordinance

has been committed.

(mm) “Property” means both tangible personal property and real property

such as land or structures and buildings affixed to land, whether owned in trust by the

United States for the benefit of the Tribe, owned in fee by the Tribe or any Person,

allotments where title is held in the name of the United States for the benefit of an

individual Indian, or assignments of tribal trust land issued to tribal members and permitted

successors-in-interest, or lands otherwise tribally-controlled or owned pursuant to 18

U.S.C.§1151.

(nn) “Public Safety Post” means a post erected on Private Property by a

Tribal Administration Enforcement Officer to identify the physical address of a residence

for emergency response purposes.

(oo) “Reasonable Suspicion” means the quantum of knowledge that leads a

prudent Tribal Administration enforcement officer to believe, supported by articulable

facts, that a civil infraction will be or has been committed in violation of or pursuant to this

Ordinance

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 8

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(pp) “Recklessly” means a person who acts carelessly, heedlessly, or is

inattentive to the circumstances surrounding him/her.

(qq) “Request for Hearing” means the portion of the civil citation completed

by a Petitioner to request a hearing in the Rincon Tribal Court pursuant to § 15.215 of this

Ordinance.

(rr) “Reservation” means all lands within the boundaries of the Rincon

Reservation, including, but not limited to:

(1) all lands within the territorial boundaries of the Rincon Indian

Reservation as established by the Executive Order of the President

issued on March 2, 1881, the Mission Indian Relief Act, 26 Stat. 712

(1891), the trust patent issued by the President on September 13,

1892, the Act of Congress of August 16, 1941, 55 Stat. 622, the

February 12, 1968 Order setting aside land for the Rincon Band and

the trust patent issued on January 20, 1971, which established and

added to the Rincon Reservation, and any fee land acquired in trust

pursuant to 25 U.S.C. 461 and its implementing regulations, and

such other lands as may thereafter be added thereto or made a part

thereof; and

(2) all other trust, restricted, or tribally owned lands, regardless of

whether they have been formally added to or made part of the

Rincon Reservation.

(ss) “Serious Bodily Injury” means bodily injury, which involves

substantial risk of death, extreme physical pain or disfigurement, protracted loss or

impairment of the function of a bodily organ, or mental faculties.

(tt) “Schedule of Fines” means the minimum monetary penalties assigned to

civil infractions described in this Ordinance.

(uu) “Solid Waste” as used in this Ordinance means any yard waste, garbage,

refuse, rubbish, sludge or other discarded or disposed materials, including solid, liquid or

semi-solid, or contained gaseous material resulting from any operation, activity, or source.

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 9

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(vv) “Tribal Administration Enforcement Officer” means the Tribal

Administration official(s), including the Fire Department, Tribal Law Enforcement,

Housing Department, Environmental Protection Department, Public Works and others

designated by the Tribal Council to enforce this Ordinance and authorized to act for the

Band.

(ww) “Tribal Council” means the five-member Business Committee

established under Section 3 (a) of the Articles of Association. “Tribal Council” shall be

synonymous with “Business Committee” or “Rincon Business Committee” as used in this

Ordinance or any existing or future Tribal Ordinance.

(xx) “Tribal Court” means the Intertribal Court of Southern California or

other tribal forum designated by the Tribal Council to hear and decide violations of Tribal

Law.

(yy) “Tribal Government” means the administrative and executive arms of

the Tribe, its departments, committees, political subdivisions, agencies and enterprises.

(zz) “Tribal Law” means laws, Ordinances, policies and procedures enacted

by the Tribal Council.

(aaa) “Tribal Law Enforcement” means the department of the Tribe

authorized to enforce some or all parts of this Ordinance.

(bbb) “Tribal Law Enforcement Officer” means a Person designated by the

Band and authorized to enforce this Ordinance and act as a law enforcement, or peace,

officer for the Band on the Reservation.

(ccc) “Tribal Member” means an enrolled member of the Tribe.

(ddd) “Tribal Property” means all tangible personal property and real

property such as land or structures and buildings affixed to land, whether owned in trust by

the United States for the benefit of the Tribe, owned in fee by the Tribe or lands otherwise

tribally-controlled or owned pursuant to 18 U.S.C.§1151.

(eee) “Tribally Approved Function” means a social, governmental,

educational or cultural event on the Reservation that has been approved by Tribal

Administration or the Business Committee.

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 10

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(fff) “Tribe” means the Rincon Band of Luiseno Indians of the Rincon

Reservation, Valley Center, California, and the agencies, entities, arms and enterprises of

the Tribe, as appropriate, either together or separately. “Tribe” means the same as “Band”.

(ggg) “Waste Matter” means a discarded, used, or leftover substance,

including but not limited to any garbage, trash, refuse, solid waste, paper, packaging,

construction material, carcass of a dead animal, nauseous or offensive matter of any kind,

abandoned automobiles, automobile parts, furniture, cigarette, cigar, match, flaming or

glowing material, or any object likely to injure a person or create a traffic hazard, and

includes the following categories:

Adopted 3/27/08

(1)

“Combustible Rubbish” means paper, rags, discarded household

bedding, packing materials, cartons, boxes, containers, grass, plants,

shrubs, trees, vines, and the pruning thereof, shavings, sawdust,

chips, lumber scraps or other chapters from lumberyards, mills or

factories and all other waste which will burn upon contact with

flames of ordinary temperature.

(2)

“Construction and Demolition Debris” means dirt, sweepings,

bricks, mortar, plaster and other building and construction materials,

whether combustible or noncombustible, resulting from the repair,

remodeling, demolition or construction of buildings, or other

structures.

(3)

“Garbage” means any accumulation of animal, vegetable, fruit or

other biodegradable materials resulting from the preparation,

selling, serving or consumption of edible foodstuffs, including the

cans, containers or wrappers wasted along with such materials; or

resulting from the dealing in, handling, processing, storage or decay

of meats, fish, fowl, fruits, vegetables or grains; or the excrement,

carcasses or residue of animals, fish or fowl; or other industrial,

commercial or domestic organic solid wastes.

(4)

“Hazardous and Toxic Waste” means any waste material or

mixture of wastes which is toxic, corrosive, flammable, an irritant

or a strong sensitizer which generates pressure through

decomposition, heat or other means, and similarly hazardous waste

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 11

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

materials, if such waste or mixture of wastes may cause substantial

personal injury, serious illness, or harm to humans, water

contamination, domestic animals or wild life during, or as a

proximate result of, any disposal of such wastes as defined in Article

2, Chapter 2.5, Section 25117 of the California Health and Safety

Code. The terms “toxic”, “corrosive”, “flammable”, “irritant” and

“strong sensitizer” shall be given the same meaning as in the

California Hazardous Substances Act, Chapter 4 of Division 104 of

the California Health and Safety Code, commencing with Section

108100.

§15.206

(5)

“Miscellaneous and Bulky Debris” means all garbage, rubbish and

other discarded materials not otherwise provided for in the

foregoing or following definitions of this Section 15.205(bbb),

including, appliances, furniture, large auto parts, trees, branches,

stumps, or amounts of garbage or rubbish collected at each

collection in excess of the maximum amounts permitted by this

Ordinance, and other wastes the size, weight, or volume of which

precludes or complicates their handling by normal collection

methods.

(6)

“Noncombustible Rubbish” means, among other things, ashes,

bottles, broken glass, crockery, earthenware, metal cans, metal ware,

wire products, discarded metal or stone, automobile tires, inner

tubes, batteries and metal kegs, barrels or casks.

CIVIL INFRACTIONS AGAINST PROPERTY

(a) Malicious Mischief. A person commits the civil infraction of Malicious

Mischief if he or she, without consent of the property owner or Tribe:

Adopted 3/27/08

(1)

Damages or destroys property of another;

(2)

Tampers with property of another and causes financial loss or

substantial inconvenience to the property owner or a third person;

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 12

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Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(3)

Possesses any kind of marking substance with the intent to commit

vandalism or graffiti with:

(A) an aerosol paint container;

(B) a marking tool or substance that can be used to draw, spray,

etch or mark; or

not water soluble.

(4)

Alters, defaces or damages Property of another, which may include

a monument, structure or facility, place of worship or burial ground,

Natural Formations, or any other property of another; or

(5)

Aids, assists, commands, or counsels another to commit Malicious

Mischief.

(6)

A person commits the civil infraction of Malicious Mischief is she

or her possesses:

(A) An aerosol paint container, marking tool, a Felt Tip Marker, or

any other marking substance with the intent to commit

vandalism or graffiti.

(b) Trespass. A Person commits the civil infraction of Trespass if he or she

enters or remains, or causes any object to enter or remain, on Tribal or private property of

another and:

(1)

Had notice that the entry was forbidden;

(2)

Was ordered to depart after entry and failed to do so; or

(3)

Has been excluded from the Reservation by a Rincon Tribal Court

order.

(A) Notice or an order may be given by:

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 13

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(i)

Written or verbal communication given to the trespasser

by a Tribal Administration enforcement officer or the

owner of the property or person authorized to act on

behalf of the property owner;

(ii)

Written notice posted on or about the property in a

manner reasonably likely to come to the attention of any

trespasser; or

(iii) Fences, barricades or other devices obviously designed

to enclose the property and to exclude all potential

intruders;

(iv) Written exclusion order issued by the Rincon Tribal

Court.

(c)

Adopted 3/27/08

(4)

An infraction of Trespass if committed in a private dwelling, Tribal

dwelling or where the trespasser carries a dangerous weapon or

firearm on or about his or her person during the commission of the

infraction of Trespass shall be subject to a tripling of the maximum

fine as provided for pursuant to the Schedule of Fines.

(5)

Attempts to sell or transact any sales of any goods or services on the

Reservation without a Permit.

Nuisance & Public Nuisance.

(1)

A person commits the civil infraction of Nuisance whenever

conduct by a person in the use of his or her own property

substantially and unreasonably interferes with the use and

enjoyment of property of another, and such interference would be

considered offensive, inconvenient or annoying to the average

person in the community.

(2)

A person commits the civil infraction of Public Nuisance whenever

conduct by a person unreasonably interferes with the health, safety,

or property rights of the community that causes damages to the

public at large.

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 14

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(A) A Person or Land Owner commits the civil infraction of Public

Nuisance whenever conduct by a person or land owner

knowingly or recklessly damages, defaces, disposes, destroys,

alters, moves or removes Public Safety Posts erected on

Private Property within the Reservation.

(d) Reckless Damage or Destruction. A person commits the civil infraction

of Reckless Damage or Destruction if, without the consent of the property owner, he or she

recklessly damages or destroys property of another.

(e) Arson. A person commits the civil infraction of Arson when he or she

intentionally sets fire to, or burns, or causes to be burned, or aids, counsels, or assists in the

burning of the dwelling or property of another, including any trailer, Motor Vehicle,

camper, structure, barn, stable, crops or open area of the Reservation, unless such burning

has been expressly authorized in writing by a Tribal Administration Enforcement Officer.

§15.207

CIVIL INFRACTIONS AGAINST THE PEACE

(a) Disorderly Conduct. A person commits the civil infraction of Disorderly

Conduct if he or she:

Adopted 3/27/08

(1)

Fights, challenges to fight, encourages or cheers for, aids, abets or

video records, for purposes other than providing evidence of

Disorderly Conduct, any other person located on the Reservation;

(2)

Creates any excessive noise, or allows or permits the creation of any

excessive noise on property owned, leased, occupied or otherwise

controlled by such person which causes or creates a Nuisance;

(3)

Brandishes a dangerous weapon or firearm in an offensive manner;

(4)

Abuses or threatens a person in an obviously offensive manner;

(5)

Engages in lewd behavior and is reckless about whether other

persons present would be alarmed by his or her act; or

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 15

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Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(6)

Uses abusive, indecent, profane, or vulgar language on Tribal

property, and the language by its very utterance tends to incite a

breach of the peace.

(7)

Discharges a firearm on the Reservation except by:

(A) Tribal Law Enforcement Officers acting in the scope of their

authority and in the performance of their official duties;

(B) Any other state, federal or Tribal Law Enforcement Officer

acting within the scope of their authority and in the

performance of their official duties;

boundaries of his or her property, but only if conducted in a

reasonable manner without endangerment to other Persons or

Property and without causing or creating a Nuisance.

(D) Tribal members at a shooting area officially designated by the

Tribal Council.

(8) Urinating or defecating in a public area on the Reservation. This

section shall not apply to a person who cannot comply with this

section as a result of a disability, age, or a medical condition.

(b) Possession of a Dangerous Weapon and/or Firearm. A person, other

than state, federal or Tribal Law Enforcement Officer, commits the civil infraction of

Possession of a Dangerous Weapon and/or Firearm if he or she carries on or about his or

her person a Dangerous Weapon and/or Firearm, as defined in this Ordinance.

Adopted 3/27/08

(1)

Any Tribal Law Enforcement Officer may, upon probable cause,

confiscate a Dangerous Weapon and/or a Firearm from any person

who violates this subsection 15.207(b).

(2)

Tribal members may possess firearms but only on their private

property.

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 16

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(c)

Loitering and Curfew.

(1)

Loitering. A person commits the civil infraction of Loitering

whenever a person is without a legitimate purpose, physically

remains on, at or near Tribal Property, including buildings,

facilities or businesses on the Reservation unless it is during a

Tribally Approved Function.

(2)

Curfew Law - Minors. Between the hours of 10:00 p.m. and 6:00

a.m. every day of the week Minors shall be prohibited from

remaining on Reservation streets or Tribal Property, unless

supervised by a responsible adult.

(3)

Violation of Curfew. A person commits the civil infraction of

Violation of Curfew if:

(4)

(A)

He or she is a Minor who remains on the streets or on Tribal

Property between the hours of 10:00 p.m. and 6:00 a.m.,

unless it is during a Tribally Approved Function;

(B)

He or she is a parent, guardian or custodian of a Minor and

knowingly permits or by insufficient supervision and control

allows the Minor to remain on any Reservation streets or

Tribal Property between 10:00 p.m. and 6:00 a.m., unless it

is during a Tribally Approved Function.

Curfew Law - Enforcement.

(A)

Adopted 3/27/08

Curfew Law Violation Sanctions. Any Minor found to have

violated the Curfew Law shall be warned in writing on the

first offense. For the second offense within six (6) months,

the Minor shall be subject to any or all of the following

sanctions: prohibited from participating in any or all sports

activities run by the Tribe, including any use of Rincon

recreational facilities for a minimum period of thirty (30)

days. In addition, Minors will be required to perform

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 17

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

community service to be determined by the Tribal Law

Director for a minimum of eight (8) hours per violation.

§15.208

CIVIL INFRACTIONS AGAINST THE TRIBAL GOVERNMENT

(a) Interfering with Lawful Duties. A person commits the civil infraction

of Interfering with Lawful Duties if by force, violence or other means, he or she:

(1)

Interferes, obstructs or resists any Tribal Administration

Enforcement Officer or federal, state or Tribal Law Enforcement

Officer in the performance of their official duties;

(2)

Flees from any federal, state or Tribal Law Enforcement Officer

who is attempting to lawfully carry out his or her duties.

(b) Aiding, Abetting, and Harboring a Criminal or Excluded Person. A

person commits the civil infraction of aiding, abetting and harboring a criminal or excluded

person whenever a person aids, abets, or harbors a fugitive of Tribal, federal or state law,

a person excluded from the Reservation, or a member of a criminal street gang.

§15.209

CIVIL INFRACTIONS AGAINST PERSONS AND ANIMALS

(a)

Adopted 3/27/08

Battery. A person commits the civil infraction of Battery if he or she:

(1)

Causes bodily injury to another;

(2)

Causes serious bodily injury to another;

(3)

Threatens another with imminent bodily or serious bodily injury;

(4)

Causes physical contact with another when the person knows or

should reasonably believe that the person will regard the contact as

offensive or provocative;

(5)

Uses of exhibits a weapon during the commission of a Battery; or

(6)

Forcibly assaults, resists, opposes, prevents, impedes, intimidates,

or interferes with any authorized Tribal Law Enforcement Officer

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 18

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

or other law enforcement officer lawfully discharging an official

duty.

(b) Aggravated Battery. A Person commits the civil infraction of

Aggravated Battery whenever a Person uses or exhibits a weapon during the commission

of a Battery pursuant to Section 15.209(a).

Animals if he or she:

(1)

Physically mistreats an animal either by abuse or failure to furnish

minimum care. Physical mistreatment of an animal shall include,

but is not limited to, the killing, maiming, mutilating, beating,

torturing, wounding, tormenting an animal and/or depriving an

animal necessary sustenance, drink, food or shelter, or chaining or

tying an animal in a confined area.

(2)

Animals may be impounded under § 15.209(c) of this Ordinance.

The owner of the animal, or the person in possession and control of

the animal, shall be liable for all impounding costs and fees.

(d) Animals at Large. A person commits the civil infraction of Animals at

Large if he or she:

Adopted 3/27/08

(1)

Permits an animal, other than a domestic cat, to be at large on the

Reservation or not otherwise under the physical control of the

animal owner or not physically contained on the animal owner’s or

a person’s property or in the animal owner’s or a Person’s Motor

Vehicle.

(2)

Animals may be impounded under § 15.209(c) of this Ordinance.

The owner of the animal, or the person in possession or control of

the animal, shall be liable for all impounding costs and fees.

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 19

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

§15.210

CIVIL INFRACTIONS AGAINST MINORS AND PERSONS UNDER

THE AGE OF 21

(a) Furnishing Alcohol to Persons Under the Age of 21. A person commits

the civil infraction of Furnishing Alcohol to a Person Under the Age of 21 when he or she

gives, purchases for, or furnishes to any person under the age of 21 any alcohol beverages,

or Controlled Substances.

(b) Distributing Tobacco Products to Minor. It shall be a violation of this

Ordinance to give, purchase for or furnish tobacco products to any person under the age of

18.

§15.211

DRUG AND ALCOHOL CIVIL INFRACTIONS

(a) Chemical Intoxication.

Chemical Intoxication if he or she:

A person commits the civil infraction of

(1)

Inhales, ingests, applies, uses, or possesses a substance containing a

volatile chemical, abusable glue, aerosol paint or aerosol with the

intent to affect the person's central nervous system, create or induce

a condition of intoxication, hallucination, or elation, change, distort,

or disturb the person's eyesight, thinking process, balance, or

coordination.

(2)

Sells, offers for sale, delivers or furnishes to any person under the

age of 18 any volatile chemical, abusive glue or aerosol paint.

(b) Possession or Consumption of Controlled Substances. A person

commits a civil infraction of Possession or Consumption of Controlled Substances, if

without a medical prescription and/or license, a person grows, manufacturers or distributes,

sells, or offers to sell a Controlled Substance or any paraphernalia in connection therewith.

of Intoxication on Tribal Property if he or she appears intoxicated on Tribal property to the

degree that the person may endanger himself, herself or another, unless the intoxication is

for therapeutic purposes and as part of the person's professional medical treatment by a

licensed physician.

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 20

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

§15.212

CIVIL INFRACTIONS AGAINST HEALTH AND SAFETY

(a) Unlawful Operation of Motor Vehicle. A person commits the civil

infraction of Unlawful Operation of Motor Vehicle when he or she:

(1)

Parks his or her Motor Vehicle on the street, curb or other area where

parking is prohibited by posted signs not less than 17 inches by 22

inches in size, with lettering not less than one inch in height,

prohibiting public parking and indicating that vehicles will be

removed at the owner’s expense, and containing the telephone of

Tribal Law Enforcement, or where the location of a parked Motor

Vehicle otherwise prohibits the safe passage of two vehicles on the

street or road on the Reservation.

If a sign prohibiting parking indicates that a citation may also be

issued, the vehicle shall be towed once 24 hours have elapsed since

the issuance of the citation. This 24-hour requirement shall not apply

to vehicles parked in a commercial location where parking obstructs

or interferes with day-to-day business operations of the Tribe;

Adopted 3/27/08

(2)

Operates any Motor Vehicle on any street or road within the

Reservation in willful disregard for the safety of persons or property;

(3)

Operates any Motor Vehicle in excess of any other posted speed

limit on any road on the Reservation. The speed limit on all

unposted roads is 35 m.p.h.;

(4)

Operates a Motor Vehicle, as defined under Section 15.204,

anywhere on the Reservation in a manner which disturbs the peace

of other Reservation residents;

(5)

Operates an Off-Road Vehicle (“ORV”) anywhere on the

Reservation between the hours of 10:00 p.m. and 6:00 a.m.

(6)

Operates a motorcycle or ORV anywhere on the Reservation

without a spark arrester and muffler;

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 21

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(b)

(7)

Operates a motorcycle or ORV without a helmet, unless the ORV is

equipped with a seatbelt and is worn by the operator; or

(8)

Operates a Motor Vehicle in any restricted and/or posted area (i.e.,

riverbed).

Authority to Store Motor Vehicles or Equipment.

(1)

A Rincon Tribal Law Enforcement Officer may authorize removal

and storage of a Motor Vehicle located within the Rincon

Reservation under the following circumstances:

(A) When a vehicle is left parked or left standing upon any tribal

road in a position so as to obstruct the normal movement of

traffic or in a condition so as to create a hazard to other traffic

upon the roadway.

(B) When a vehicle is illegally parked so as to block the entrance

to a private driveway and it is impractical to move the vehicle

from in front of the driveway to another point on the roadway.

firefighting equipment to a fire hydrant and it is impractical to

move the vehicle from in front of the fire hydrant to another

point.

(D) When a vehicle is left parked or standing upon any tribal

property that is “Restricted and/or posted areas for

“Authorized Vehicle Use Only”.

(E) When more than one Motor Vehicle or piece of Equipment is

left on tribal property or residential property that is visible to

the public for more than 90 days, and is non-operational

because it:

(i)

Adopted 3/27/08

lacks an engine, transmission, wheels, tires, doors,

windshield, or any other major part or equipment

necessary to operate safely on a road way; or

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 22

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(ii)

leaks hazardous or toxic fluid onto the ground; or

(iii) is severely rusted; or

(iv) is not registered with the California Department of

Motor Vehicles.

(F) When a vehicle is illegally parked on a road or other tribal

property in violation of a temporary ban forbidding the

standing or parking and the use of a road way or tribal property

is necessary for the cleaning, repair, or construction of the road

way, or for the installation of underground utilities, or any

Special Tribal Event, and signs giving notice that vehicle may

be removed are erected or placed at least 24 hours prior to the

removal by Tribal Law Enforcement.

(G) When a vehicle is parked or left standing in a location where

Tribal Council, whether by resolution or ordinance, prohibits

parking and authorizes the removal of vehicles.

(2)

(c)

When a person operates any vehicle in violation of Section

15.212(a) in willful disregard for safety of persons or property on

the Reservation, and Section 15.212(a)(7) any restricted and/or

posted area, and at the time of the offense, is being issued a civil

citation by a Rincon Tribal Law Enforcement Officer.

Unlawful Dumping Activities. It shall be a violation of this Ordinance:

(1)

For any person to dump, place, deposit, store, or accumulate any

Waste Matter within the boundaries of the Reservation in a manner

that is harmful to the public health and safety, as determined by a

Tribal Administration enforcement officer or any federal agency in

the discharge of a trust obligation on the Reservation.

(2)

For any person to dump or cause to be dumped any waste matter

within the Reservation in or upon any:

(A) Public or private highway or road;

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 23

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(B) Private property into or upon which the public is admitted by

easement or license;

(D) Public park or other public property other than property

designated or set aside for that purpose by the Business

Committee.

(3)

For any person, regardless of intent, to litter or deposit waste matter

or cause litter or waste matter to be deposited on any public property,

on private property not owned by him or her, or in or on waters of

the Reservation unless:

(A) The person is directed to do so by the Tribal Chairperson or

officially designated representative of the Tribe as part of a

litter collection drive; or

(B) The person deposits the litter or waste matter in a solid waste

receptacle in a lawful manner that prevents it being carried

away by the elements.

Adopted 3/27/08

(4)

For any person to place any solid waste in a dumpster, garbage can,

or other solid waste container belonging to another person without

the permission of the receptacle owner legally entitled to own and

use said dumpster, garbage can, or other solid waste container.

(5)

For any person to place, leave, dump, or permit the accumulation of

unused, large bulky debris, such as white goods (refrigerators,

stoves, etc.) or inoperable cars or trucks or parts thereof, in any open

and visible location on the Reservation.

(6)

For any person to knowingly allow the carcass of any dead animal

that belonged to him or her at the time of its death to be put, or to

remain, within 100 feet of any street, alley, public highway, or road

in common use.

(7)

For any person to enter the Reservation for the purpose of dumping

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 24

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

or disposing of solid waste.

(8)

For any person to operate a landfill or solid waste disposal site or

operate a solid waste collection system.

(9)

For any person to generate, store, transfer, transport, treat,

discharge, release, or dispose of a hazardous waste through the

conduct of any business on the Reservation.

(10) For any person to conduct open burning of any solid wastes on the

Reservation, except as permitted pursuant to Tribal law.

(11) For any person to transport solid waste and waste matter unless,

while being transported, the solid waste and waste matter is covered,

tied, or otherwise secured so that solid waste and waste matter will

not be blown or dropped from the transport vehicle.

(d) Exceptions. This Ordinance shall not be construed to restrict a Tribal

member’s use of his or her property whether an assignment or allotment, unless:

(1)

The placing, depositing or storing of such Waste matter on such

property creates a public health and safety hazard, a Nuisance or

Public Nuisance, or a Fire Hazard, as determined by Tribal

Administration enforcement officer charged with the protecting the

health, safety and welfare of the tribal community; and

(2)

The Tribal member continues to place, deposit, or store the Waste

matter after the date specified for removal by the citing officer set

forth in the written removal notice from a Tribal Administration

Enforcement Officer charged with the protecting the health, safety

and welfare of the tribal community.

(e) This Ordinance shall not be construed to prohibit a farmer or rancher from

disposing solid waste resulting from normal farming operations upon his or own property;

provided, however, that such disposal does not create a public health and safety hazard, a

Nuisance or Public Nuisance, or a Fire hazard, and does not otherwise violate any Tribal

law.

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 25

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(f) Unlawful Use of Recreational Vehicles and Camping Tents. It shall

be a violation of this Ordinance to use a recreational vehicle or camping tent for human

habitation, unless:

(1)

Upon demand by Tribal Law Enforcement, the land owner provides

written proof of consent to use and maintain the recreational vehicle

or camping tent on the property;

(2)

The recreational vehicle or camping tent cannot be maintained on

the property for more than 7 days from the date of landowner

consent and not more than once per year;

(3)

The person(s) residing in the recreational vehicle or camping tent

must be guests of the landowner; and

(4)

The recreational vehicle must be operable, in good condition and not

in disrepair; the camping tent must be in good condition and not in

disrepair.

(g) Authority to Impound and Tow. Recreational vehicles and camping

tents unlawfully used for human habitation in violation of §15.212(f) of this Ordinance are

subject to impoundment, towing and monetary penalties pursuant to the Schedule of Fines.

§15.213

PROHIBITION OF LARGE PARTIES & GATHERINGS

Unless expressly authorized in writing by the Tribal Administrator, any Large

Party, gathering, event or loud and unruly assemblages on the Rincon Reservation are

strictly forbidden and may result in monetary sanctions for violations of this Ordinance.

(a) Evidence of a Large Party. A written description of the event shall be

prima facie evidence that a Large Party took place.

(b) Joint and Several Liability for a Large Party.

(1)

Adopted 3/27/08

Cost Liability. In addition to monetary penalties for violations of

this Ordinance pursuant to Section 15.213, when a Large Party,

gathering, event or loud and unruly assemblage occurs or is held

that results in a disruption to the peace, health, safety or general

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 26

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

welfare of the Rincon Band members and/or Rincon Reservation,

the persons in-charge of the premises and/or the persons responsible

for the Large Party, or if either of those persons is a minor, then the

parents or guardians of the minor, will be held jointly and severally

liable for monetary penalties and the costs of providing law

enforcement and first responder personnel to restore the peace,

health, safety and general welfare of the Rincon Band and/or the

Rincon Reservation.

§15.214

(2)

First Responder Cost Calculation. In addition to monetary penalties

for violations this Ordinance pursuant to Section 15.213(b)(1),

persons in-charge of the premises and/or responsible for the Large

Party shall be liable for each and every instance of response by law

enforcement or first responders, which costs shall include costs of

personnel, equipment, contractual costs, damages to tribal property

and/or injuries to tribal or county personnel. The charges assessed

will be the actual cost of service for controlling the disturbance and

restoring the public peace, health, safety or general welfare at the

location of the disturbance on the Rincon Reservation and shall be

the greater of the current rate being charged to the Rincon Band by

the city or county sheriff’s department, pursuant to any mutual aid

agreement or contract, or the reimbursable hourly rate of personnel

and equipment costs charged by the Rincon Band of delivery of

mutual aid services to other governments.

(3)

In addition to subsections (b)(1) and (b)(2), persons in-charge of the

premises and/or responsible for the Large Party shall be liable for

damages to tribal or public property on the Rincon Reservation, the

amount of which shall be determined by an official written estimate

from the Rincon Band Department of General Services.

ENFORCEMENT

(a) Civil Citation. A Tribal Law Enforcement Officer has the authority to

issue a civil citation to any Person, at any time within thirty (30) days from the date a

violation of this Ordinance occurred, if:

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 27

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(1)

The infraction occurs in the presence of a Tribal Law Enforcement

Officer; or

(2)

When the Tribal Law Enforcement Officer has reasonable cause to

believe a civil infraction has been committed.

(b) Identification. A person who has committed, or is reasonably suspected

of committing, a civil infraction and is stopped by a Tribal Law Enforcement Officer is

required to identify himself or herself by providing the enforcement officer his or her name,

address, and date of birth. If requested by the enforcement officer, the person shall also

produce a picture identification card, such as a driver's license, military I.D. or tribal card.

If the person is unable or unwilling to identify himself or herself, or produce a picture

identification card, the enforcement officer may detain the person for a reasonable period

of time in order to identify the person and issue a civil infraction citation.

Tribe’s official determination that a civil infraction in violation of this Ordinance has been

committed. This determination is final unless the person contests the citation in a manner

set forth in this Ordinance.

(d)

Notice Requirement.

(1)

Notice of Correction. Notice of Correction shall be served upon

any person found to be in violation of this Ordinance in writing that

specifies the nature of the violation, the action(s) the person must

take to correct the violation, the due date for compliance and the

monetary penalty pursuant to the Schedule of Fines and enforcement

consequences of non-compliance. The Notice or Correction shall

be deemed personally served on any person upon the sworn

statement of the citing officer with proof of copy produced by the

Tribal Administration Enforcement Officer.

(2)

Civil Citation. The contents of a civil citation shall include the

following:

(A) A statement that the civil infraction is a non-criminal offense

for which imprisonment is not an available sanction;

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 28

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(B) A statement listing the provision of the Ordinance violated and

a statement briefly describing the conduct of the person which

lead to the violation of this Ordinance;

the Schedule of Fines for the civil infraction described therein

and that the person may be noticed by separate letter that the

penalty amount has increased after a determination that the

person has previous violations;

(D) A statement on how a person may contest the citation;

(E) A statement that the person must respond to the citation within

thirty (30) days from the date of service of the citation; and

(F) A statement that failure to respond to the citation or failure to

appear at a requested hearing will result in a default judgment

against the person in the amount of the monetary penalty

pursuant to the Schedule of Fines for the civil infraction

described therein plus any sanction imposed by the Rincon

Tribal Court for person's failure to appear.

(e) Second Notice. A second notice may be served on a person who has been

served a civil citation informing him or her that the amount of the penalty reflected on the

civil citation has been increased due to the fact that the person has been cited for one or

more times in the past twelve months for the same infraction thereby enhancing the penalty

for the recent infraction. This second notice shall inform the person of the revised penalty

amount and again inform the person where he or she may pay the fine and the process for

contesting the citation.

(f) Service of the Citation. The civil citation may be served on the person

in the following manner:

Adopted 3/27/08

(1)

Personal service by Tribal Law Enforcement Officer; or

(2)

Mailing the civil citation by certified or registered mail, return

receipt requested, addressed to the person at his or her mailing

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 29

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

address if known, or such other address which is believed to give

the person actual notice of the civil citation.

(A) Service shall be deemed effective on the date of the personal

service by Tribal Law Enforcement Officer or on the date the

certified mail is either delivered or delivery of the same is

attempted. If the certified mail receipt is returned unsigned,

then service shall be deemed effective on the date that is three

(3) days following deposit in the mail.

(B) Where service of any notice of civil citation is effected in

compliance with this Ordinance, the alleged failure of any

person to receive service of process and notice of civil citation

shall not affect the validity of any proceedings taken under this

Ordinance.

filed with the Rincon Tribal Court within seventy-two (72)

hours of issuance, excluding weekends and holidays. If the

Rincon Tribal Court does not receive the civil citation and

proof of service within seventy-two (72) hours of issuance, the

Rincon Tribal Court may dismiss the civil citation without

prejudice.

(g) Seizure/Forfeiture of Property. A Tribal Law Enforcement Officer

may, upon probable cause when issuing a citation for a civil infraction, seize any property

used in the commission of a violation of this Ordinance. All property utilized in violation

of this Ordinance is also subject to seizure and forfeiture by order of the Rincon Tribal

Court. The Band must return any property confiscated to its owner unless the Rincon Tribal

Court determines that the possession of the property is unlawful or could be deemed a risk

to facilitate future violations of this Ordinance, in which case it will become the property

of the Band.

§15.215

HEARING PROCEDURES AND PENALTY

(a) Response Options. A person shall respond to the civil citation in one of

the following ways:

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 30

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(1)

Pay the fine by submitting cash, cashier’s check or money order in

the amount of the civil fine to the Band within thirty (30) days from

the date the civil citation is served; or

(2)

Request a hearing to contest the citation by completing the Request

for Hearing portion of the civil citation form, in accordance with the

instructions set forth on the citation form, and submitting the request

to Rincon Tribal Court, within thirty (30) days from the date of

issuance of the citation.

(b) Failure to Respond. If a person who is served with a civil citation fails

to pay the fine amount, fails to request a hearing or fails to appear at a hearing that he or

she has requested, the Rincon Tribal Court shall enter a default judgment against the

person, and may impose additional sanctions for failing to respond.

(c)

Adopted 3/27/08

Hearing.

(1)

A hearing shall be scheduled within thirty (30) days from the Rincon

Tribal Court’s receipt of a Request for Hearing. The Rincon Tribal

Court shall provide a written Notice of Hearing to the Petitioner

requesting the hearing (herein “Petitioner”) and Tribal Law

Enforcement. The Notice of Hearing shall state the date, time and

place of the hearing and shall be served at least fifteen (15) days

prior to the date of the hearing. The Notice of Hearing to Law

Enforcement shall include as an attachment a copy of the

Petitioner’s completed Request for Hearing form.

(2)

If the Tribal Law Enforcement Officer submits an additional written

report concerning the civil citation to the Rincon Tribal Court for

consideration at the hearing, then a copy of this report also shall be

served on the Petitioner at least five (5) days prior to the date of the

hearing.

(3)

The Petitioner or the Tribal Law Enforcement Officer may request

one (1) continuance for any reason, provided that Rincon Tribal

Court is given the request for a continuance at least forty-eight (48)

hours in advance of the scheduled hearing and that the rescheduled

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 31

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

hearing shall not be deferred more than forty-five (45) days after the

Petitioner’s original hearing request was filed. A request for

continuance made less than forty-eight (48) hours before the

scheduled hearing may be granted in the discretion of the Rincon

Tribal Court based upon a showing good cause.

(4)

All hearings shall be closed to the public unless all parties in interest

agree to a public hearing. At the hearing, the Petitioner shall be

given the opportunity to testify and to present evidence and crossexamine witnesses concerning the civil citation. The Petitioner may

appear personally or through an attorney. Prehearing discovery is

not authorized, but subpoenas of witnesses and documents shall be

permitted as authorized by Tribal law or the Tribal Court's Rules of

Court. The Rincon Tribal Court judge is authorized to conduct the

hearing informally, both as to rules of procedure and admission of

evidence, in any manner which will provide a fair hearing.

(5)

The civil citation and any additional report submitted by Tribal Law

Enforcement Officer or Tribal Administration Enforcement Officer

shall constitute presumptive evidence of the respective facts

contained in those documents.

(6)

The Rincon Tribal Court may continue the hearing and request

additional information from the Tribal Law Enforcement Officer or

the Tribal Administration Enforcement Officer or the Petitioner of

the civil citation prior to issuing a written decision.

(d) Rincon Tribal Court Decision. After considering all the testimony and

evidence submitted at the hearing, the Rincon Tribal Court judge shall issue a written

decision to uphold or dismiss the civil citation and the reasons for that decision, including

written findings on each violation of this Ordinance. The decision of the Rincon Tribal

Court judge shall be issued within ten (10) calendar days following completion of the

hearing.

(1)

Adopted 3/27/08

If the Rincon Tribal Court judge determines the civil citation should

be upheld, he or she may apply any of the following remedies:

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 32

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(A) Issue an injunction, by ordering the Petitioner to temporarily

or permanently refrain from conducting the acts or actions that

gave rise to the civil citation.

(B) Impose monetary penalty(ies) in an amount not to exceed the

maximum provided in the Schedule of Fines in effect on the

date the violation occurred. In determining the amount of the

monetary penalty(ies), the judge may take into account any or

all of the following factors:

(i)

the duration of the violation;

(ii)

the frequency, recurrence, and number of violations,

related or unrelated, by the same person;

(iii) the seriousness of the violation;

(iv)

the economic impact of the violation on the community;

and

(v)

such other factors as justice may require.

Petitioner does not commit any other violations of this

Ordinance and complies with all Rincon Tribal Court orders

relating to the violation during a specified period not to exceed

one (1) year.

(D) Upon petition by the Tribe, in cases of multiple and repeated

violations of this Ordinance, issue an order to ensure the

safety, well-being and rehabilitation of adults or juveniles who

come within or consent to its jurisdiction that mandates a

formal clinical assessment by qualified professional(s) or the

Indian Health Clinic (IHC) team of professionals within fortyeight (48) hours of the order and compulsory compliance with

the treatment plan prescribed by the qualified professional(s)

or the IHC team as an alternative to exclusion from the Rincon

Reservation or state criminal or juvenile court disposition.

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 33

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(E) Issue such other order as may be deemed fair and just by the

Rincon Tribal Court.

(2)

If the Rincon Tribal Court judge finds that a Request for Hearing

plainly lacks merit, the judge may hold the Petitioner liable for, and

order Petitioner to pay, reasonable fees and costs, including

attorney's fees, incurred by the Tribe.

(3)

If the Rincon Tribal Court judge determines the civil citation should

be upheld, he or she shall order the payment of the monetary penalty

pursuant to the Schedule of Fines as well as for payment of any

reasonable administrative costs incurred to the Tribe arising from

enforcement of the civil citation pursuant to this Ordinance. Late

payment charges shall accrue and be payable in the amount and by

the terms specified in the Schedule of Fines.

(4)

If the Tribal Court judge determines the civil citation should be

dismissed, he or she shall order dismissal.

(5)

The Petitioner and the Tribal Law Enforcement Officer shall be

served with a copy of the Rincon Tribal Court order within seven

(7) calendar days of its issuance.

(6)

The decision of the Rincon Tribal Court shall be final and not

subject to further review upon service on the Petitioner.

(e) Collection. In any case where a person has been found by the Rincon

Tribal Court to have committed a civil infraction and a monetary penalty pursuant to the

Schedule of Fines has been assessed, the person has thirty (30) days to make payment. For

good cause shown, the Rincon Tribal Court may extend the time for payment or approve

an installment plan. Parent(s), guardians, or any adult responsible for the care of minor (a

person under the age of 18) are liable for the monetary penalty of a minor.

(1)

Adopted 3/27/08

If the person has not paid the monetary penalty within the time

ordered by the Rincon Tribal Court, the Tribe can move the Rincon

Tribal Court to take any and all actions necessary to collect the fine,

including but not limited to the following:

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 34

Ordinance No. 15.200

Original Enactment Date: March 27, 2008

Subject: Peace and Security

RINCON PEACE AND SECURITY ORDINANCE

Rincon Tribal Code §15.200

(A) Refer the monetary penalty to a collection agency or other

collection institution;

(B) Upon written request from the Tribe, issue an order to an

employer on the Reservation to garnish up to twenty-five

(25%) percent of the Person’s wages;

the Tribe to garnish the Person’s per capita distribution up to

the amount of the fine;

(D) Upon written request from the Tribe, issue a garnishment order

against an off Reservation employer or any other entity that

compensates the Person in wages or money.

(E) Exclude the Person from the Rincon Reservation until such

time the fine has been paid.

§15.216

GENERAL PROVISIONS

(a) Severability. If any provision of this Ordinance, or its application to any

Person, legal entity or circumstance is held invalid, struck down repealed, found

unconstitutional, or otherwise becomes legally inoperative in any manner, the remainder

of the Ordinance, and all other provisions shall remain in full force and effect.

(b) Sovereign Immunity. All inherent sovereign rights of the Band as a

federally recognized Indian tribe with respect to this Ordinance are expressly reserved,

including sovereign immunity from unconsented suit. Nothing in this Ordinance shall be

deemed or construed to be a waiver of sovereign immunity from unconsented suit by the

Band, its officers, employees or agents.

[APPENDIX A – SCHEDULE OF FINES IMMEDIATELY FOLLOWS]

Adopted 3/27/08

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18;

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Page 35

APPENDIX A

Schedule of Fines for Rincon Peace and Security Code Violations

All violations below are found in the Rincon Peace and Security Code.

The civil penalties listed below may be tripled in any case where the person receiving the civil citation willfully and maliciously,

or with gross recklessness, caused physical harm to another person.

Violation

Description

1st Offense

2nd Offense

3rd Offense

15.206(a)(1)

15.206(a)(2)

15.206(a)(3)

15.206(a)(4)

15.206(a)(5)

Damages or destroys property of owner

Tampers with property

Make markings or paints on property

Alters, defaces or damages tribal property

Aids, assist in committing malicious mischief

$200

$100

$400

$1000

15.206(b)(1)

15.206(b)(2)

15.206(b)(3)

15.206(b)(4)

15.206(b)(5)

Had notice entry was forbidden

Failed to depart after ordered

Has been excluded from reservation

In dwelling or with dangerous weapon

Mobile vendor without permit

$200

$1000

$200

$500

$2000

$500

$1000

$5000

$1000

15.206(c)(1)

15.206(c)(2)

Interference with another person’s property

Interference with community health, safety, or property

$200

$400

$800

15.206(d)

Recklessly damages or destroys property

$300

$500

$1000

15.206(e)

Intentionally sets fire without authorization

$1000

$2000

$5000

15.207(a)(1)

15.207(a)(2)

15.207(a)(3)

15.207(a)(4)

15.207(a)(5)

15.207 (a)(6)

15.207(a)(7)

15.207(a)(8)

Fights, challenges to fight another person

Creates, allows or permits excessive noise

Brandishing a dangerous weapon

Abuses or threatens in offensive manner

Engages in lewd behavior

Uses abusive, vulgar language on tribal property

Discharges a firearm on reservation

Urinating or defecating in public

$200

$500

$200

$100

$400

$1000

$400

$200

$400

$200

$800

$2000

$800

$500

$800

$500

Malicious Mischief

Trespass

Nuisance & Public Nuisance

Reckless Damage or Destruction

Arson

Disorderly Conduct

Adopted 3/27/08

PAGE 36

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Violation

Description

1st Offense

2nd Offense

3rd Offense

15.207(b)

Carries on person

$100

$250

$800

15.207(c)(1)

15.207(c)(3)(A)

$100

$250

$800

15.207(c)(1)(B)

Remains around tribal property with no purpose

Minor remaining on street/tribal property

10:00 PM - 6:00 AM

Parent, guardian or custodian permits minor

$100

$250

$800

15.208(a)(1)

15.208(a)(2)

Interferes, obstructs or resists tribal officer

Flees from tribal officer

$250

$500

$2000

15.208(b)

Aid, abet, or harbor fugitive or excluded person

$2000

$3000

$4000

15.209(a)(1)

15.209(a)(2)

15.209(a)(3)

15.209(a)(4)

15.209(a)(5)

15.209(b)

Causes bodily injury

Causes serious bodily injury

Threatens another with bodily or serious injury

Causes physical contact with another

Forcibly batters, resists, tribal law enforcement

Uses or exhibits a weapon during battery

$200

$500

$150

$200

$500

$400

$1000

$300

$500

$1000

$2000

$800

$1000

$2000

15.209(c)

15.209(d)

Physically mistreat animal by abuse or failure to care for

Permit an animal to be at large (except cat)

$100

$200

$400

$500

15.210(a)

Furnishing alcohol to person under 21

$500

$800

$1500

15.210(b)

Give, purchase or furnish tobacco products under 21

$500

$800

$1500

15.211(a)(1)

15.211(a)(2)

Inhales, ingests, uses or possesses volatile chemical

Sells, offers for sale, or gives volatile chemical to minor

$100

$300

$250

$500

$1000

15.211(b)

Possesses or consumes dangerous drugs

$300

$500

$1000

15.211(c)

Intoxicated on tribal property, danger to themselves

$100

$250

$500

Possession of a dangerous weapon or

firearm

Loitering and Curfew

Interfering with Law Enforcement duties

Aiding and harboring criminal/excluded

person

Battery or Aggravated Battery

Cruelty to Animals and Animals at large

Furnishing Alcohol to Persons under the

age of 21

Distributing Tobacco Products to minor

Chemical Intoxication

Illegal drugs

Intoxication on tribal property

Adopted 3/27/08

PAGE 37

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

Violation

Description

1st Offense

2nd Offense

3rd Offense

15.212(a)(1)

15.212(a)(2)

15.212(a)(3)

15.212(a)(4)

15.212(a)(5)

15.212(a)(6)

15.212(a)(7)

15.212(a)(8)

Parks on street, curb or designated no parking area

Operates with disregard for safety of persons/property

Operates in excess of posted speed limit on any road

Disturbs the peace

Operates an ORV between 10 PM and 6 AM

Operates without spark arrester and muffler

Operates without helmet

Operates in restricted/prohibited area

$200

$150

$200

$300

$400

$500

$1000

15.212(c)(1)

15.212(c)(2)

[ref. RTC § 8.505(a)]

15.212(c)(2)

[ref. RTC § 8.505(a)]

15.212(c)(3)

15.212(c)(4)

15.212(c)(5)

15.212(c)(6)

$1000

$2000

$3000

$4000

$1500

$3000

$6000

$500

$200

$1000

$400

$1000

$200

$1000

$1500

$400

$2000

$3000

$1000

$3000

$6000

$2000

$4000

$8000

15.212(c)(10)

15.212(c)(11)

Dump waste harmful to public health and safety

Dump waste within the Reservation, e.g. household trash

on roadside (no hazardous waste)

Dump 60-120 gallons of household trash on the

Reservation

Litter on public or another’s private property

Place waste in another’s waste container

Dump or accumulate large, bulky unused debris

Leave or permit dead pets within 100 feet of public use

areas

Intentional entry into Reservation to dump waste

Operate landfill or waste disposal or collection site

Generate, store, transfer, transport, treat, discharge,

release or dispose of hazardous waste (1-10 gallons)

Generate, store, transfer, transport, treat, discharge,

release or dispose of hazardous waste (30 plus gallons or

feet of hazardous substance)

Open burning of solid waste

Transport of uncovered, unsecured solid waste

$200

$400

$1000

15.212(f)

Unlawful use of recreational vehicles or camping tents

$1,000

Unlawful operation of motor vehicle

Unlawful Dumping Activities

15.212(c)(7)

15.212(c)(8)

15.212(c)(9)

[ref. RTC § 8.505(a)]

15.212(c)(9)

[ref. RTC § 8.505(a)]

Unlawful use of recreational vehicles or

camping tents

Adopted 3/27/08

PAGE 38

Amended 8/21/12; 3/2/17; 4/18/17; 5/11/17; 3/29/18

5/10/18; 11/16/18; 9/12/19; 10/10/19; 11/12/19; 1/30/20; 10/7/21

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.