Title
5 - Exclusion Ordinance
ORDINANCE NO.: 2-86
DATE
APPROVED: September 23, 1986
| SUBJECT: |
EXCLUSION
OF PERSONS FROM THE HOOPA VALLEY INDIAN RESERVATION
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| WHEREAS: |
The
Hoopa Valley Tribe did on June 20, 1972, adopt a Constitution and
Bylaws which was approved by the Commissioner of Indian Affairs
on August 18, 1972, and Article IX, Section 1 (1) of this Constitution
and Bylaws authorized the Hoopa Valley Business Council " safeguard
and promote the peace, safety, morals and general welfare of the
Hoopa Valley Indians by regulating the conduct of trade and the
use and disposition of property upon the reservation, provided that
any ordinance directly affecting non-members of the Hoopa Valley
Tribe shall be subject to the approval of the Commissioner of Indian
Affairs or his authorized representative; and
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| WHEREAS: |
It
is the desire of the Hoopa Valley Business Council to enact an
Ordinance governing exclusion of persons from the Hoopa Valley
Indian Reservation for the purpose of enforcing laws to protect
the territory and people within the jurisdiction of the Hoopa
Valley Tribe; and
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| NOW
THEREFORE BE IT RESOLVED: |
That
the Hoopa Valley Business Council does hereby adopt for implementation
this Ordinance governing exclusion of persons from the Hoopa Valley
Indian Reservation and approvals required by the Commissioner
of Indian Affairs or his authorized representative is requested
at the earliest possible time.
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SECTION I: EXCLUSION FROM THE HOOPA VALLEY INDIAN RESERVATION
Any person
may be excluded from the reservation and all areas under the jurisdiction
of the Hoopa Valley Tribal Court for any of the following reasons:
(1) Repeated
commission of a crime or breach of peace as defined by Tribal, State
and Federal laws.
(2) Repeated
willful failure to adhere to Tribal laws and regulations or failure
to correct a violation of such laws and regulations after Hoopa Valley
Court orders to do so.
(3) Repeated
invasion of the privacy of the residents of the Reservation.
(4) Unauthorized
entry into Tribal or individual land for any purpose, including but
not limited to camping, hunting, fishing, trapping, timber cutting
(including Christmas trees), or other property of the Tribe or of
any resident of the Reservation.
(5) Any
other misconduct or objectionable condition found by the Tribal Court
to be sufficient cause for expulsion, provided that the person is
first advised of the objection and given notice to desist but nevertheless
continues the misconduct or condition.
(6) Improper
and willful interference of businesses authorized by the Hoopa Valley
Business Council under the provisions of this Code.
SECTION II: RULES OF EXCLUSION PROCEDURE
The procedure
for exclusion for any person shall be as follows:
(1) The
Chairman of the Hoopa Valley Business Council, or his/ her authorized
representative, shall serve notice, either by an officer of the Council
or by registered mail, upon any person the Chairman has reason to
believe cause may exist for exclusion of such person. Such notice
shall state the reason for the order and shall name a time not less
than five (5) days, unless an emergency exists, when the person may
appear before the Hoopa Valley Tribal Court to show cause why he should
not be excluded from the Hoopa Valley Indian Reservation.
(2) After
notice to the person proposed for exclusion, the Hoopa Valley Tribal
Court shall hold a hearing under the Rules of Civil Procedure of the
Hoopa Law and Order Code to decide whether or not that person shall
be excluded from the Hoopa Valley Indian Reservation.
(3) If
the person does not appear at the hearing at the time and place scheduled,
or if found at the hearing that cause does exist to exclude that person
from the Hoopa Valley Indian Reservation or permitting such person
to remain on the Hoopa Valley Indian Reservation under such conditions
specified in the order. The order shall be effective unless revoked
or modified by the Tribal Appellate Court.
(4) If
the final judgment of the Hoopa Valley Tribal Court is that the person
shall be excluded from the Hoopa Valley Indian Reservation, then the
Court shall deliver an order of removal to any Law Enforcement Officer
who shall thereupon order the person to obey the order. If, after
the required time specified in the order, the person does not comply
with the order, he may be removed bodily from the Hoopa Valley Indian
Reservation by the Law Enforcement Official as stated in the order
of the Court.
(5) In
cases involving immediate danger to the life, health, morals, or property
of residents of the Reservation or any Tribal members, where delay
would result in irreparable damage, the Chairman of the Hoopa Valley
Business Council, or his/ her authorized representative, may request
the Court to order any Law Enforcement official to remove a person
and/ or any property of such person from the Hoopa Valley Indian Reservation
immediately using only as much force as is reasonable and necessary
to effect the removal. The Court shall cause the Law Enforcement Officer
to serve notice upon the person at the time of removal or cause the
notice to be served as soon thereafter as possible.
(6) In
any case involving the immediate removal of a person from the Hoopa
Valley Indian Reservation, the order of the Court shall state the
conditions under which the person may return for a hearing is such
hearing was not held.
(7) Nothing
in this section shall limit the authority of the Hoopa Tribal Court
to impose, pursuant to applicable Tribal law, the penalty of exclusion
where such penalty is authorized by the Law and Order Code, Rules
of Court or other Tribal enactment.
SECTION III: APPEAL ALLOWED TO HOOPA VALLEY TRIBAL COURT
An appeal
to the Hoopa Valley Tribal Court, Appellate Division, may be made under
the Civil Procedures of the Tribal Law and Order Code within five (5)
days after the issuance of an order by the Tribal Court pursuant to
this Ordinance. Decisions of the Hoopa Valley Court of Appeals shall
be final
SECTION IV: VIOLATION OF ORDER A CRIMINAL OFFENSE
Any person
who violates any order or part thereof issued pursuant to this Section
shall be deemed guilty of an offense and, upon failure to comply with
the order of the Court, may be sentenced to confinement for a period
not to exceed six (6) months or to pay a fine of $500.00 or both, with
costs, and ordered to comply with the previous order or amended order
issued by the Court.
SECTION V: APPLICATION FOR REVOCATION OR AMENDMENT OF ORDER
Any person
to whom an order has been issued under this Ordinance may apply to the
Tribal Court in writing for revocation or amendment of such an order.
A hearing on the application shall be conducted under the provisions
of Section II. An appeal may be made from the decision of the Court
on the application under the provisions of Section III.
SECTION VI: SUBJECT MATTER JURISDICTION
Pursuant
to the Hoopa Valley Tribal Law and Order Code, Preamble, the Hoopa Valley
Business Council hereby resolves that violations of this Ordinance shall
be subject to adjudication in the Hoopa Tribal Court.
CERTIFICATION
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I,
the undersigned, as Vice-Chairman of the Hoopa Valley Business
Council, do hereby certify that the Hoopa Valley Business Council
is composed of eight members of which 5 were present constituting
a quorum at a Regular Meeting thereof; duly and regularly called,
notice, convened and held this 23rd day of September, 1986; and
that this ordinance was duly adopted by a vote of 4 for and 0
against, and that said resolution has not been rescinded or amended
in any way.
DATED
THIS 23RD DAY OF September, 1986
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| |
______________________________________
Rodney E. Vigil, Vice-Chairman
Hoopa Valley Business Council
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ATTEST:
_________________________________
Deirdre R. Young, Executive Secretary
Hoopa Valley Business Council
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