Section ENV.02.26 — Enforcement

(a) Authorized Law Enforcement has authority to investigate and enforce the provisions of this ordinance. Forestry Staff have authority to report violations of this ordinance to Authorized Law Enforcement and other implicated law enforcement agencies. Authorized Law Enforcement may consult with other law enforcement agencies on a case-by-case basis as needed.

(b) Authorized Law Enforcement is authorized to investigate and enforce violations of this ordinance. This may include observing persons engaged in activities under this ordinance to ensure that activities 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.

(c) Authorized Law Enforcement may issue warnings and/or citations to individuals or entities who violate this Ordinance. Such warnings and/or citations are considered to be civil in nature, rather than criminal. Such authorization does not affect the federal enforcement that may be available for enforcement purposes.

(d) Authorized Law Enforcement has authority to confiscate and seize equipment, timber or other forest products, vehicles or any other equipment used in violating this ordinance.

(1) If equipment, vehicles or weapons are confiscated and seized, such equipment, vehicles or weapons shall be considered evidence and properly recorded and secured with the Tribe's Public Safety Department.

(2) Unless ordered by the Court or subject to confiscation under other applicable law, if the alleged violator pays the amount of the citation before the court hearing date, the confiscated and other evidence shall be returned to the violator.

(e) 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 Tribal Court actions seeking injunctions or restraining orders. The Tribal Prosecutor may seek an emergency order from the Tribal 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 Tribal Court finds the person not guilty of the alleged violation, any property or equipment seized by the Authorized Law Enforcement shall be returned to the person.

(f) Penalties.

(1) Any person found guilty of this ordinance shall be assessed of a fine ranging from $200.00 to $5,000. 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) Normal civil remedial money penalties are as follows:

(A) Class A Infractions, not less than $500 or more than $5,000.00.

(B) Class B Infractions, not less than $300 or more than $5,000.00.

(3) 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 Tribal 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.

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

(5) 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.

(6) 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.

(7) The Tribal Court may also order suspension of privileges to harvest forest products for a period not to exceed five years.

(8) The Tribal Court may, in addition to the money penalty described herein grant such other relief as is necessary and proper for the enforcement of this ordinance.