The Confederated Tribes of the Grand Ronde Community of Oregon [Ordinances], Public Safety

	DATE ORIGINALLY ADOPTED: August 14, 2002
	SUBJECT: Public Safety Ordinance
	RESOLUTION NUMBER: 142-02
	DATE AMENDED:

PUBLIC SAFETY ORDINANCE

(a) FINDINGS AND PURPOSE

(1) The Tribal Council finds that the Confederated Tribes of the Grand Ronde Community of Oregon provides governmental services which promote peace, health, safety, welfare and economic security for residents of and visitors to Tribal lands in Grand Ronde.

(2) The Tribal Council declares that the purpose of this Ordinance is to establish uniform policies and procedures to protect the peace, health, safety, welfare, and economic security of residents of and visitors to Tribal lands in Grand Ronde.

(b) DEFINITIONS

(1) "Animal at large" means an animal, excluding domestic cats, that is not physically restrained on owner's or keeper's premises or in motorized vehicles in a manner that physically prevents the animal from leaving the premises or vehicle; or, is not physically restrained when on public property, or any public area, by a leash, tether or other physical control device and under the physical control of a capable person.

(2) "Noise Disturbance" means an excessive, unnecessary, or unusually loud noise which unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others.

(3) "Occupant" means a person lawfully occupying all or part of a residence apartment house, dwelling unit, or other building, structure, or premises on Tribal Lands.

(4) "Person" includes individuals, corporations, associations, firms, partnerships, and joint stock companies.

(5) "Premises" means a parcel of land and any improvements made thereon.

(6) "Public place" means a location to which the public or a substantial group has access, including but not limited to, highways, schools, common areas of housing developments, apartment houses, places of business or amusement, or any neighborhood, public roads, streets, alleys, lanes, trails, parks, wetlands, and recreational facilities.

(7) "Solid waste" means all wastes, in solid or liquid form, including but not limited to garbage, rubbish, ashes, street refuse, waste paper, corrugated paper and cardboard; commercial, industrial, demolition and construction wastes; discarded vehicle parts, discarded home and industrial appliances; vegetable or animal solid and semisolid wastes small dead animals, and other wastes. It does not include sewage, sewage sludge, or sewage hauled as an incidental part of a septic tank or cesspool cleaning service; or materials used for fertilizer or for other productive purposes, or which are salvageable, as such materials are used on land in agricultural operations and the growing or harvesting of crops, and the raising of fowl or animals.

(8) "Sound Producing Device" means any sound production, including but limited to the following:

(A) Loudspeakers, public address systems;

(B) Radios, compact disk players, tape recorders or tape players, phonographs, television sets, stereo systems, including those installed in a vehicle;

(C) Musical instruments, amplified or unamplified;

(D) Sirens, bells;

(E) Vehicle engines or exhausts, when the vehicle is not on a public right-of-way, particularly when the engine is operating above idling speed;

(F) Vehicle tires, when caused to squeal by excessive speed or acceleration; and

(G) Domestic tools, including electric drills, chain saws, lawn mowers, electric saws, hammers, and similar tools.

(9) "Tribal Representative" shall mean: (i) any person elected or appointed to any public office, agency, authority, board, body, commission, committee, department, or division of the Tribe, whether paid or unpaid, and whether part time or full time; or (ii) any person employed or retained by any public office, agency, authority, board, body, commission, committee, department, or division of the Tribe, whether part time or full time.

(10) "Tribal Lands" shall mean those lands in and around Grand Ronde in which the Tribe holds a legal or equitable interest, including without limitation lands held by the Tribe in fee, lands held by the United States in trust for the Tribe, and all parts of the Grand Ronde Reservation.

(11) "Wild, Dangerous or Undomesticated Animal" means an animal which is not of a species customarily used as an ordinary household pet, but one which would be ordinarily confined to a zoo, or one which would ordinarily be found in the wild, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Fish in an aquarium are not included in this definition.

(c) NUISANCES

(1) No person shall cause or permit a nuisance on Tribal Lands. Any thing, animal, condition, or act which is or may become a detriment or menace to peace, health, safety, welfare and economic security of residents of and visitors to Tribal Lands is hereby declared to be a nuisance and unlawful.

(2) The following are specifically named as nuisances, but this list shall not be deemed to be exclusive:

(A) The accumulation, exposure, or deposit of any foul, decayed, putrid, or offensive substances, such as garbage, sewage, animal carcasses, or parts thereof, or any other refuse or filth on any street, alley, or lot, public or private, or into a stream, well, spring, ditch, pond, river, wetlands, or other waters within Tribal Lands, or the placing of such substances in such position that high water or natural seepage will carry the same into such waters;

(B) The accumulation of stagnant water which emits an offensive odor or in which mosquitoes may breed;

(C) The accumulation of manure in piles or heaps, unless enclosed in containers capable of excluding flies and maintained in such a manner or condition that offensive odor may not be emitted therefrom;

(D) The maintenance of any stable, barnyard, chicken coop, or other facility in such a condition that flies may breed or offensive odors are emitted therefrom;

(E) The maintenance of any building or room or plumbing fixture in such a manner or condition as to endanger the health of those dwelling therein or adjacent thereto;

(F) With the exception of burning wood products for heating a residence, the burning of any refuse, garbage, rubber, cloth, plastic, vegetation, or any other thing, whether herein enumerated or not, the burning of which, or the smoke emitted from such burning, creates an offensive odor;

(G) The maintenance of premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition;

(H) The keeping of six or more tires outdoors, not attached to working vehicles;

(I) The interference with or obstruction of any lake, stream, wetlands, ditch, or basin, or any public park, street, walkway, highway, or road;

(J) A well, septic system or cesspool that has not been safely or securely sealed or properly maintained, which may cause or has caused an injury to any person or contamination of a potable water supply;

(K) An abandoned, discarded or unattended icebox, refrigerator or other container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot be easily opened from the inside;

(L) Uncontrolled or uncultivated growth of weeds, brush, or grasses which offer vector or rodent harborage, contribute noxious pollens to the atmosphere, constitute a fire hazard or produce toxins that are harmful to humans, pets, livestock or wildlife,

(M) Any explosive or radioactive substance unless the possession is authorized by law.

(N) An open pit, well, quarry, cistern, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more without reasonable safeguards or barriers to prevent them from being accessible to children;

(O) Dead or decaying trees and tree limbs that present a safety hazard to the public or to adjacent property owners;

(P) A fence, barrier, partition or obstruction located in a residential area, and which is partially or totally constructed with barbed wire or is electrically charged in such a manner as to transmit an electrical shock or charge upon contact;

(Q) Any abandoned vehicle unless the occupant of the property is lawfully authorized to operate a business specifically for that purpose;

(R) Signs, hedges, shrubbery, natural growth or other obstructions at or near intersections which hinder the view necessary for the safe operation of vehicles;

(S) Obstruction to public sidewalks or roadways by trees, bushes, roots, other natural growth, soil or solid waste; or

(T) Any other action or effect identified in this Ordinance or determined by the Tribal Court under this Ordinance to be a nuisance.

(3) The enumeration of nuisances in Subsection (c)(2) shall not limit the power of the Tribe to investigate or declare any other condition a nuisance under this Ordinance according to the standard set forth in Subsection (c)(1).

(4) Any person who permits property under the person's ownership or control to have a nuisance on such property shall be in violation of this Ordinance and subject to its remedies.

(5) The General Manager shall have the authority to enter any property or building on Tribal Lands for the purpose of investigating or abating any nuisance. Except when an emergency exists under Section (f), the General Manager shall either obtain the consent of the occupant or a validly-issued warrant from the Tribal Court before entering private property.

(6) If more than one person is responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the Tribe in abating the nuisance.

(7) Violations.

(A) Violation of this Section is a Class A civil penalty.

(B) In addition to any other penalty provided by law, a person adjudged responsible for violation of any of the provisions of this Section may be ordered by the General Manager or the Tribal Court to correct the violation according to the procedures set forth in this Ordinance.

(d) SPECIFIC NUISANCES

In addition to those actions that constitute a nuisance as otherwise described in this Ordinance, the Tribe hereby declares the following to be additional enumerated nuisances, and states more specifically thereof the following conditions and limitations:

(1) Noise.

(A) Declarations. The Tribal Council hereby finds and declares that:

1. The making and creation of excessive, unnecessary or unusually loud noises within the limits of Tribal Lands is a nuisance; and

2. The making, creation, or maintenance of such excessive, unnecessary, or unusually loud noises is a detriment to public peace, health, safety, welfare and economic security of the residents and visitors of Tribal Lands.

(B) Noise Disturbance Prohibited. It shall be unlawful for any person knowingly to create, assist in creating, permit, continue, or permit the continuance of any Noise Disturbance, by Sound Producing Device or otherwise, and such Noise Disturbance is hereby declared a nuisance which may be abated as such in accordance with the provisions herein.

(C) Exemptions. The following sounds are exempted from the provisions of this Subsection:

1. Sounds made by work necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger;

2. Sounds made by warning devices to protect persons or property from imminent exposure to danger, provided however that automobile, burglar or fire alarms shall not operate continuously for more than five minutes;

3. Sounds made by an emergency vehicle when responding to or from an emergency or when in pursuit of an actual or suspected violator of the law.

4. Sounds made by current employment of land and buildings on a farm for the purpose of obtaining a profit in money by raising, harvesting, and selling crops or by the feeding, breeding, management, and sale of livestock, poultry, or honeybees, or the produce thereof, or for dairying and the sale of dairy products or any other agricultural or horticultural operations or any combination thereof including the preparation and storage of the products raised for human use and animal use and disposal by marketing or otherwise by a farmer on such farm.

5. Sounds made by activities by or on direction of the Tribe or the Grand Ronde Tribal Housing Authority in maintenance, construction, or repair of public improvements on Tribal Lands or in public rights-of-way or easements.

6. Sounds made during an otherwise Tribally sponsored community activity.

(D) Violations.

1. Violation of this Subsection is a Class B civil penalty.

2. In addition to any other penalty provided by law, a person adjudged responsible for violation of any of the provisions of this Subsection may be ordered by the General Manager or the Tribal Court to correct the violation according to the procedures set forth in this Ordinance.

(2) Waste and Sanitation.

(A) Declarations. The Tribal Council finds and declares that the accumulation and storage of Solid Waste creates a condition tending to reduce the value of property, promotes blight and deterioration, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of children, creates a harborage for rodents and insects, and is injurious to the peace, health, safety, welfare and economic security of residents of and visitors to Tribal Lands. Therefore, the presence of Solid Waste on Tribal Lands, except as expressly permitted by the provisions herein, is hereby declared a nuisance which may be abated as such in accordance with the provisions herein.

(B) It shall be the responsibility of every occupant of every residence, apartment house, dwelling unit, or other buildings, structures, or premises on which Solid Waste is produced for collection, to provide, and at all times keep on the premises in a convenient place for collection, suitable, adequate, and not easily corrodible containers.

(C) It shall be unlawful for any person owning or occupying any building, lot, or premises to allow any Solid Waste to collect and remain upon said lot or premises; provided, however, that this provision shall not be construed as interfering with building during the course of construction, or demolition of a building, and within a reasonable time thereafter. This Subsection does not apply to loose bulk material temporarily stored pending removal by a person who provides the service, provided that such storage shall not be allowed to create a safety, fire, health, or nuisance hazard as determined by the General Manager.

(D) It shall be unlawful for any person, upon vacating or removing from dwellings, storerooms, or any other buildings, structures, or premises, to fail to remove all Solid Waste from such buildings and premises, or to fail to place the same in a thoroughly sanitary condition within forty-eight (48) hours after the said premises shall be vacated.

(E) Solid Waste containers shall be maintained in a clean and sanitary manner by the user.

(F) It shall be unlawful for any person to sort, scatter, dump, deposit or cause to be deposited any amount of Solid Waste along the bank of or in any ditch, wetland, creek or river on Tribal Lands without the consent of the Tribe. Such materials shall be disposed of on Tribal Lands only in disposal sites approved by the Tribe.

(G) It shall be unlawful for any person, not authorized to do so, to remove the lid from any Solid Waste container or to collect, disturb or scatter Solid Waste stored in such container or to deposit Solid Waste into such container; provided, that this Subsection does not apply to Solid Waste materials for recycling or reuse placed for collection in conformance with applicable Tribal law.

(H) It is hereby determined and declared that the keeping of any Solid Waste out of doors on any street, lot, or premises on Tribal Lands, or in a building that is not wholly or entirely enclosed except for doors used for ingress and egress, is a nuisance and is unlawful.

(I) Violations.

1. Violation of this Subsection is a Class A civil penalty.

2. In addition to any other penalty provided by law, a person adjudged responsible for violation of any of the provisions of this Subsection may be ordered by the General Manager or the Tribal Court to correct the violation according to the procedures set forth in this Ordinance.

(3) Parking/Traffic.

(A) Declarations. The Tribal Council finds and declares that the safe operation of motor vehicles on Tribal Lands is important to the peace, health, safety, welfare and economic security of residents of and visitors to Tribal Lands. Pursuant to the inherent powers of the Tribal Council to exercise civil authority over the conduct of members and non-members operating motor vehicles on Tribal Lands, the Tribal Council has enacted this Ordinance regulating traffic on Tribal Lands.

(B) It is a violation of this Ordinance for any person to:

1. Stop or leave standing any motor vehicle within areas designated solely for the passage or parking of emergency vehicles.

2. Park or leave standing a motor vehicle, whether attended or unattended, and whether temporarily or otherwise, within an area designated as a no-parking area. No-parking areas may be designated by signs or by painting curbs the color yellow.

3. Leave an inoperable vehicle standing.

4. Park, stop or leave standing any vehicle upon any portion of a street, or public or private parking area reserved for vehicles which are designated for a physically disabled person without a valid State of Oregon physically disabled parking permit.

5. Park within twenty feet of any intersection or crosswalk.

6. Park between a safety zone and the adjacent curb or within thirty feet of a point of the curb immediately opposite the end of a safety zone.

7. Park on any sidewalk.

8. Park within fifteen feet or 4.57 meters of a fire hydrant.

9. Park at any place where the vehicle would block or partially block the use of a road or driveway.

10. Stop or leave standing any motor vehicle within areas designated solely for the passage of postal service vehicles.

(C) Speed Limits.

1. It shall be unlawful to drive any motor vehicle on any street on Tribal Lands at a speed exceeding that lawfully set for such street.

2. The General Manager shall promulgate regulations establishing appropriate speed limits for roads, streets and highways on Tribal Lands, and shall post appropriate signs showing such speed limits.

3. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic by reason of weather or highway conditions; and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(D) Violations.

1. Violation of Subsection (d)(3)(B) is a Class C civil penalty.

2. The General Manager shall establish reasonable fines for violations of Subsection (d)(3)(C).

(E) Impoundment of Vehicles.

1. The General Manager is authorized, in addition to or in lieu of other permissible action, to remove or tow away, or have removed or towed away by commercial towing service, any vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, or obstructs or may obstruct the movement of any emergency vehicle.

2. For purposes of this Subsection, any vehicle parked, stopped or standing upon any street, highway or parking facility in violation of any of the provisions of this Ordinance is declared to be a traffic hazard.

3. When any vehicle is impounded, it shall be taken to a public garage or other suitable place for storage of the vehicle, and kept until released or otherwise disposed of pursuant to this Ordinance.

4. The General Manager shall issue a notice of the impoundment to the address of the owner of the vehicle, as shown on the title, if such information can be reasonably obtained from the vehicle.

5. In addition to any other applicable penalties or charges, the Tribe may assess against the owner of the impounded vehicle the costs of towing and storing the vehicle.

6. The owner of the vehicle shall have thirty (30) days from date of notice in which to redeem the vehicle from impoundment. The owner may redeem the vehicle by payment to the Tribe of all applicable costs and penalties incurred by the owner. A motor vehicle so impounded shall be held and, if either the vehicle is not lawfully redeemed or the address of the vehicle owner cannot be reasonably obtained, shall be disposed of by the Tribe, with the proceeds of such disposal entered into the General Fund. The owner of such vehicle shall be liable for towing or other fees incurred for the removal of said vehicle.

(F) Presumption of Liability. The fact that a vehicle which is illegally parked is registered in the name of a person shall be a rebuttable presumption that such person was in control of the vehicle at the time of such parking.
(G) Procedure Limitation. Nothing in this Subsection shall require the General Manager to comply with the nuisance abatement or abatement order procedures set forth in Sections (e), (f) and (g) of this Ordinance prior to assessing a civil penalty under Section (h).

(4) Animal Control.

(A) Declarations. The purpose of this Subsection is to protect the residents and visitors on Tribal Lands from injury by animals, to prevent cruelty to animals, and to prevent the spread of disease which could hurt human beings and wildlife on Tribal Lands. The Tribal Council finds that dangerous or uncontrolled animals pose a threat to people, domestic animals, and wildlife, and that this threat has a direct effect on the peace, health, safety, welfare, and economic security of residents of and visitors to Tribal Lands.
(B) Cruelty to Animals. A person commits the infraction of cruelty to animals if the person does any of the following:

1. Maliciously or cruelly kills, maims or wounds any animal.

2. Overworks an animal or deprives it of necessary sustenance, drink or shelter.

3. Has custody of or is responsible for an animal and willfully subjects the animal to needless suffering or inflicts any unnecessary cruelty upon the animal.

4. Transports or carries an animal in a cruel and inhumane manner.

5. Leaves an animal unattended for more than 24 consecutive hours without minimum care.

6. Deprives an animal of proper facilities or care, including but not limited to failing to provide protection from the weather to protect the animal from injury.

7. Physically mistreats an animal either by abuse or neglect or failure to furnish minimum care.

8. Abandons an animal.

9. Neglects to furnish adequate food or care for an animal.

10. Causes an animal to fight for amusement or betting or waging, permits the same to be done on any premises, or is present at such fight.

Provided, that, it shall be a defense to a determination under this Subsection if the actor was involved in an accepted veterinary practice or engaged in hunting or fishing in accordance with Tribal law and the actor's actions were not cruel or inhumane under the circumstances.

(C) Vaccination. It shall be unlawful for a person to keep or maintain any dog or cat unless: (i) the animal has been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine, and (ii) the owner can present written proof of anti-rabies vaccination. Every person who keeps, harbors, or maintains a dog or cat on Tribal Lands gives implied consent to the Tribe to take action necessary to ascertain whether the animal has been vaccinated with anti-rabies vaccine. Any person whose animal is believed to have rabies or whose animal has been bitten by another animal suspected of having rabies, shall immediately confine the animal by a leash or chain on the owner's premises, and, upon demand of the Tribe, shall surrender the animal for inspection and impoundment, at the owner's expense.

(D) Nuisance Animals. It is unlawful for any person to do any of the following:

1. Permit an animal to be an Animal at Large.

2. Fail to comply with requirements of this Subsection which apply to the care or keeping of an animal or any facility where an animal is kept.

3. Permit any animal unreasonably to cause annoyance, alarm or noise disturbance to any person or neighborhood by barking, whining, screeching, howling, braying or other like sounds which may be heard beyond the boundary of the owner's or keeper's property under conditions wherein the animal sounds are shown to have occurred either as repeated episodes of continuous noise lasting for a minimum period often minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty minutes. It shall be an affirmative defense under this Subsection that the animal was intentionally provoked by a party other than the owner to make such noise; provided, that this Subsection shall not be applicable to any lawful livestock kept by an owner or keeper in a kennel or similar facility, wherein the presence of livestock or the operation of a kennel or similar facility is otherwise authorized under Tribal law.

4. To keep, harbor or maintain an animal which destroys property.

5. To keep, maintain or possess or control a Wild, Dangerous or Undomesticated Animal.

(E) Owner Responsibility. For the purposes of this Subsection, unless otherwise limited, the owner is ultimately responsible for the behavior of the animal regardless of whether the owner or another member of the owner's household or a household visitor permitted the animal to engage in the behavior that is the subject of the violation. Such actions shall constitute a nuisance under this Ordinance and may be abated as such in accordance with the provisions herein.

(F) Violations.

1. Violation of this Subsection is a Class B civil penalty.

2. In addition to any other penalty provided by law, a person adjudged responsible for violation of any of the provisions of this Subsection may be ordered by the General Manager or the Tribal Court to correct the violation.

5. Harassment of Tribal Representatives.

(A) Declarations. The purpose of this Subsection is to protect the safety and well-being of Tribal Representatives against threats, harassment, verbal abuse, and other inappropriate acts intended to injure, inhibit, coerce or intimidate them. The Tribal Council finds that such threats, harassment, verbal abuse, and other inappropriate acts pose a threat to the safety and well-being of Tribal Representatives, and that such acts have a direct effect on the peace, health, safety, welfare, and economic security of the Tribe and Tribal Representatives.

(B) Harassment of Tribal Representative. A person commits the infraction of harassment of Tribal Representative if the person makes threats to or otherwise communicates with a Tribal Representative in an abusive manner to injure, intimidate, coerce, or inhibit a Tribal Representative regarding an act or decision of the Tribal Representative in his or her official or employment capacity. It shall be a violation of this Subsection whether such abuse, statement or communication is made face-to-face, by telephone, in writing, by e-mail, or other method of communication.
(C) Violations.

1. When the General Manager has a reasonable belief that a person has violated this Subsection the General Manager shall notify the person, if known, in writing that the General Manager has determined that the person has violated this Subsection. The notice shall contain the following information: a concise description of the basis for the General Manager's findings; a direction to cease and desist from further harassment of Tribal Representatives; and a warning that failure to abate the harassment may result in civil prosecution, publication of the violation, and imposition of penalties under this Ordinance.

2. If a person commits a second violation of this Subsection, the General Manager shall publish in Smoke Signals a description of the two violations. At the Tribal Council's discretion, such violations may also be publicly disclosed at a Tribal Council or General Council meeting.

3. If a person commits three or more violations of this Subsection, each such violation shall be subject to a Class B civil penalty.

(D) Records. To the extent reasonably necessary to enforce this Subsection, the General Manager shall maintain a record of reported incidents of harassment of Tribal Representatives.

(E) Procedure Limitation. Nothing in this Subsection shall require the General Manager to comply with the nuisance abatement or abatement order procedures set forth in Sections (e), (f) and (g) of this Ordinance prior to assessing a civil penalty under Section (h).

(e) NUISANCE ABATEMENT PROCEDURE

(1) Notice. When the General Manager believes in good faith that a condition on Tribal Lands has become a nuisance under Section (c) or Subsections (d)(1), (d)(2) and (d)(4) of this Ordinance, the General Manager shall notify the occupant, if known, in writing ("Abatement Notice") that the condition has been determined to be a nuisance. The Abatement Notice shall contain the following information:

(A) The street address or description sufficient for identification of the property at which the nuisance is located;

(B) That the General Manager has found the condition to be a nuisance, with a concise description of the basis for the General Manager's findings;

(C) A direction to, within 21 days of the mailing of the Abatement Notice, either abate the nuisance, enter into a compliance plan agreement mutually agreed upon by the occupant and the Tribe designed to abate the nuisance, notify the General Manager in writing to show good cause why the occupant cannot abate the nuisance within the time allotted, or deny in writing the statements made in the Abatement Notice;

(D) That failure to abate may result in civil prosecution; and

(E) That the owner or occupant may be required to pay to the Tribe a civil penalty for each day the nuisance continues after the General Manager has ordered abatement according to the Abatement Notice.

(2) Service. Service of the Abatement Notice is completed upon:

(A) Personal service on the occupant;

(B) Mailing the notice certified mail, return receipt requested, addressed to the occupant at the address of the property at which the nuisance is located, or such other place which is believed to give the occupant actual notice of the determination by the General Manager; or

(C) By publication as permitted by the Tribal Court Rules of Civil Procedure.

(3) Failure of any person to receive actual notice of the determination by the General Manager shall not invalidate or otherwise affect the proceedings under this Section.

(4) Within 21 days of the mailing of the Abatement Notice, the occupant shall abate the nuisance, enter into a compliance plan agreement agreed to by the occupant and the Tribe and designed to abate the nuisance, show good cause to the Tribe in writing why the occupant cannot abate the nuisance within the time allotted, or deny in writing the statements made in the Abatement Notice.

(f) EMERGENCY ABATEMENT PROCEDURE

(1) Notwithstanding the authorities and procedures provided by Section (e), the Tribe may proceed summarily to abate a nuisance when the Tribe has a reasonable belief that a nuisance constitutes an immediate danger to public health, safety or welfare. In such emergency, the General Manager may order immediate abatement of a nuisance, and employ any other remedies available under this Ordinance or other Tribal law.

(2) The General Manager shall have the authority to enter any property or a building on Tribal Lands without notice for the purpose of investigating or abating any nuisance subject to this Section (f), if the General Manager has probable cause to believe that a nuisance constitutes an immediate danger to public health, safety or welfare.

(3) If the General Manager orders immediate abatement of a nuisance under this Section, the General Manager shall then promptly serve an Abatement Notice on the occupant of the property according to the requirements of Subsection (e)(2).

(g) ABATEMENT REMEDIES

(1) Orders. If the General Manager determines that a condition is a nuisance, and that the occupant of the property at which the condition occurs has failed to comply with the terms stated in the General Manager's Abatement Notice or the terms of any compliance plan agreement entered into under this Ordinance, the General Manager may order that the nuisance be abated. The order may include conditions under which abatement is to occur.

(2) Service. Service of orders issued by the General Manager under this Section (g) shall be made according the requirements of Subsection (e)(2).

(3) The General Manager may seek any available remedy to abate the nuisance, including but not limited to seeking by order of the Tribal Court the closure of the property or enjoinment of the condition or enforcement of any compliance plan agreement entered into under this Ordinance.

(h) CIVIL PENALTIES

(1) Class A Civil Penalties.

(A) Unless another penalty is specified in this Ordinance, the General Manager is authorized to assess a civil penalty in the form of a Class A civil penalty payable to the Tribe, for each day a nuisance continues to exist after the General Manager ordered that the nuisance be abated. A nuisance continues to exist if there is any single occurrence of the nuisance thereafter.

(B) A Class A civil penalty is assessed by issuing written notice of penalty according to the requirements of Subsection(e)(2). The notice shall contain the following information: (i) the street address or description sufficient for identification of the property, and (ii) a statement that the General Manager has found the nuisance continues to exist after the General Manager ordered the nuisance be abated, with a concise description of the conditions leading to the General Manager's findings. The civil penalty is final when 30 days have elapsed from the date of mailing the notice if a request for hearing is not properly filed, or upon entry of an order by the Tribal Court declaring the civil penalty valid if a request for a hearing is filed.

(C) Any person who commits a Class A penalty shall be subject to a civil penalty of not more than $2,000 per day of violation.

(2) Class B Civil Penalties.

(A) The General Manager is authorized to assess a civil penalty in the form of a Class B civil penalty when such assessment is authorized under this Ordinance.

(B) A Class B civil penalty is assessed by issuing written notice of penalty according to the requirements of Subsection (e)(2). The notice shall contain a description of the violation sufficient for its identification. The civil penalty is final when 30 days have elapsed from the date of mailing the notice if a request for hearing is not properly filed, or upon entry of an order by the Tribal Court declaring the civil penalty valid if a request for a hearing is filed.

(C) Any person who commits a Class B penalty shall be subject to a fine of not more than $500 per violation.

(3) Class C Civil Penalties.

(A) The General Manager is authorized to assess a civil penalty in the form of a Class C civil penalty when such assessment is authorized under this Ordinance.

(B) A Class C civil penalty is assessed by posting written notice of penalty on the automobile that is the subject of the infraction. The notice shall contain a description of the violation sufficient for its identification. The civil penalty is final when 30 days have elapsed from the date of mailing the notice if a request for hearing is not properly filed, or upon entry of an order by the Tribal Court declaring the civil penalty valid if a request for a hearing is filed.

(C) Any person who commits a Class B penalty shall be subject to a fine of not more than $50 per violation.

(i) HEARINGS

(1) Any person (Petitioner) against whom the General Manager has assessed a civil penalty or issued an abatement order under this Ordinance has the right to have the General Manager's decision be reviewed by the Tribal Court, but only on the grounds that the decision was arbitrary and capricious or a violation of Tribal Constitutional rights. A request for hearing must be in writing and filed with the Tribal Court within fourteen (14) days of the mailing of the abatement order or notice of civil penalty. A determination by the Court regarding Petitioner's request for hearing shall be final and no further review may be had. The Court shall review, on the record, the General Manager's decision. The Petitioner shall have the burden of persuading the Tribal Court that the reviewed decision was arbitrary or capricious or a violation of Tribal Constitutional rights. The Tribal Court shall give due deference to the rule of non-prejudicial error and matters within the expertise or judgment of the General Manager. The Tribal Court shall recognize the obligations of the Tribe and the General Manager under the Tribal Constitution and Tribal law. The only remedy which the Tribal Court may order in matters reviewed under this Ordinance is referring the matter back to the General Manager for reconsideration in light of the Tribal Court's ruling in such matter.

(2) If the Tribal Court finds that a request for hearing is completely without merit, the Petitioner shall be liable for and shall pay to the Tribe the reasonable costs, including attorneys fees, associated with defending Petitioner's request for hearing. Notwithstanding any other remedy available to the Tribe, this paragraph may be enforced against the Petitioner in the Tribal Court.

(3) No request for hearing may be brought in Tribal Court under this Section (i) unless the person who submits the request shall send a written notice of the request by certified mail return receipt requested to the Secretary of the Tribal Council and the Office of Tribal Attorney. The procedures and standards for giving notice of request for hearing and commencing a hearing in Tribal Court provided in this Section (i) are integral parts of the request provided by this Ordinance and shall be strictly and narrowly construed. A request for hearing shall be forever barred unless written notice of the claim is presented to the Secretary of the Tribal Council and the hearing is commenced in Tribal Court in compliance with this Section (i).

(j) TRIBAL COURT JURISDICTION

To ensure the peace, health, safety, welfare and economic security of Tribal members and those permitted to enter or reside on Tribal Lands, and the efficient resolution of disputes, the Tribal Court of the Confederated Tribes of the Grand Ronde Community of Oregon shall have jurisdiction over the following:

(1) Any act within Tribal Lands dealing with the subject matter of this Ordinance;

(2) All buildings which may lie upon Tribal Lands; and

(3) All persons who own, occupy, sell, rent, lease or allow persons to occupy housing, dwellings or buildings, and all persons who buy, mortgage, rent, lease or occupy such structures, within Tribal Lands. Such personal jurisdiction is extended over said persons whether or not they are members of the Tribe and whether or not they have a place of business on Tribal Lands.

(k) DELEGATION OF AUTHORITY

To the extent permitted by law, the General Manager may delegate authorities granted or duties directed under this Ordinance.

(l) SEVERABILITY

If any provision of this Ordinance or application of this Ordinance to any person or circumstance is determined to be invalid, such invalidity shall not affect other provisions or application of this Ordinance to other persons or circumstances which can be given without the invalid provision or application. To this end, the provisions of this Ordinance are declared to be severable.

I hereby certify this to be a true copy of the Confederated Tribes of Grand Ronde Public Safety Ordinance.

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Tribal Council Secretary