Section ENV.01.29 — Enforcement

(a) Both Stockbridge-Munsee Law Enforcement Officers and Game Wardens/Conservation Officers are considered "Authorized Law Enforcement" for purposes of enforcement of this Ordinance and the Forestry Ordinance, Chapter ENV.02 of the Stockbridge-Munsee Tribal Code, (hereinafter referred to as "Ordinances" in this Section ENV.01.29) and, as such, have authority to investigate and enforce the provisions of such Ordinances. Authorized Law Enforcement shall consult with other law enforcement agencies, where appropriate.

(b) Authorized Law Enforcement is authorized to investigate and pursue violations of these Ordinances. This may include observing persons engaged in activities under these Ordinances to ensure that the methods and equipment are lawful. Authorized Law Enforcement shall conduct such activities in good faith and in accordance with good law enforcement practices and may take such actions as appropriate to the circumstances and under applicable laws.

(1) Authorized Law Enforcement may issue warnings and/or citations to individuals who violate these Ordinances. Such warnings and/or citations are considered to be civil in nature, rather than criminal.

(2) Authorized Law Enforcement have authority to confiscate and seize hunting and/or fishing equipment, weapons, vehicles, or any other equipment used in violating these Ordinances.

(A) If equipment, vehicles, or weapons are confiscated and seized, such equipment, vehicles or weapons shall be considered evidence and properly recorded and secured at the offices of the applicable Authorized Law Enforcement officers pending return or disposition in accordance with tribal law.

(B) If the alleged violator pays the amount of the citation before the court hearing date, the confiscated equipment, vehicles, or weapons (except for illegal items) shall be returned to the ordinance violator unless subject to confiscation under other applicable law.

(3) Authorized Law Enforcement also has authority to confiscate and seize fish and game obtained in violation of these Ordinances. The confiscated fish or game shall be documented and/or photographed for evidence purposes. If the fish or game is suitable for human consumption, Authorized Law Enforcement shall turn the fish or game over to the Elderly Department or Tribal elders.

(c) The citation must be served on the person responsible for the violation in a timely manner with copies delivered to the Tribal Court and Tribal Prosecutor within three (3) business days of service.

(1) The Tribal Prosecutor shall use his or her discretion to prosecute violations of this Ordinance.

(2) Persons convicted of violations to this Ordinance shall be subject to the penalties herein described.

(3) In addition to forfeiture actions the Tribal Prosecutor may seek enforcement
of any and all parts of this Ordinance by Court actions seeking injunctions or restraining orders. The Tribal Prosecutor may seek an emergency order from the Court to restrain or enjoin any violation that is jeopardizing the health or safety of any person. Such an order may be sought and issued ex parte if the Tribe shows a good faith effort to serve notice on the necessary parties.

(4) If the Court finds the person not guilty of the alleged violation, any property or equipment seized by Authorized Law Enforcement shall be returned to the person.

(d) Penalties.

(1) Any person found guilty of this Ordinance shall be assessed a fine ranging from $100.00 to $5,000 as specified in subsections (6), (7) or (8) below. In assessing the fine, the Court shall consider the severity of the offense, the acceptance of responsibility by the charged person, the number of previous convictions, and deterrence to others.

(2) In lieu of or in addition to any other penalty, the Tribal Court may also order that equipment or property seized by Authorized Law Enforcement not be returned to the violator and the equipment or property to become permanent property of the Conservation Department to be used of or disposed of at the Tribal Council's discretion.

(3) In lieu of or in addition to any other penalty, any person found guilty of
violating this Ordinance may be required by the Tribal Court to provide community service or such other relief as is necessary and property for the enforcement of this ordinance.

(4) The Tribal Court may also order suspension of hunting, trapping, and/or fishing privileges not to exceed five years.

(5) Revenues received from fines or forfeitures are to be deposited into the Tribe's general revenues.

(6) Civil remedial money penalties, referred to in this Ordinance as Fish & Game Infraction(s) are classified and carry penalties as follows and other remedies as the court deems appropriate:

(A) Class A Infractions, not less than $500.00 nor more than $5,000.00.

(B) Class B Infractions, not less than $300.00 nor more than $5,000.00.

(7) When any person is found guilty of a violation, and such person has been convicted of a previous violation of this Ordinance within a period of one year, there shall be a mandatory revocation of all privileges regulated under this Ordinance for a minimum of two years, and the Infraction penalties may be enhanced as follows and other remedies as the court deems appropriate:

(A) For a Class A Infraction, $5,000.00.

(B) For a Class B Infraction, not less than $1,000.00 nor more than $5,000.00.

(8) For a third violation of this Ordinance within a period of one (1) year the penalty shall be $5,000.00 and up to a mandatory lifetime revocation of all privileges regulated under this Ordinance and other remedies as the court deems appropriate.

(e) Civil Damages. In addition to an action for civil penalties, the Tribe may bring a civil action for recovery of damages against any person unlawfully killing, wounding, catching, taking, trapping, harvesting, or having unlawfully in his or her possession any game animal, fish, or bird.