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Ordinance
Number 97 - 01.
Original Date: 01/18/97
Subject: Civil Offense
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CIVIL OFFENSE ORDINANCE
Siletz
Tribal Code §15.01
§15.01 PURPOSE AND AUTHORITY: The Siletz
Tribal Council has the authority to adopt civil offenses regulating
the conduct of persons and activities within its jurisdiction, and to
decriminalize related Tribal Crimes to avoid the possibility of double
jeopardy. The Siletz Tribal Council has the authority to adopt this
ordinance pursuant to The Constitution of the Confederated Tribes of
Siletz Indians of Oregon (the "Tribe"), Article IV, Section 1. The intent
of this ordinance is not to classify crimes or criminalize conduct,
but rather to set forth civil offenses, punishable by civil fines and/or
other civil penalties within the jurisdiction of the Siletz Tribal Court.
The Siletz Tribal Court has the authority to review alleged offenses
of the below described civil offenses pursuant to The Constitution of
the Confederated Tribes of Siletz Indians of Oregon, Article IV, Section
2.
§15.02. PROCEDURE.
(a)
Rules of Procedure: Unless a specific provision of this ordinance
provides otherwise, the prosecution of the below described civil offenses
shall be governed by the Siletz Tribal Court Rules and Procedures.
(b)
Notice: Upon determining that a civil offense has occurred, the
Tribe shall serve the respondent with a notice that shall include, at
least the following:
(1)
The name of the Respondent;
(2)
The name of the officer or agent issuing the notice, including the
signature of the agent or officer;
(3)
The date the notice was prepared;
(4)
A citation and quotation of the provision of this ordinance which
the Tribe alleges the Respondent has violated and statement of the
authority and jurisdiction under which the hearing is to be held;
(5)
A succinct summary of the facts supporting the alleged violation;
(6)
A hearing date, not less than 30 days beyond the date of the notice;
(7)
A statement which provides that the Respondent may obtain an attorney
at their own expense, and that the Respondent may have the opportunity
to call witnesses and cross-examine the Tribe's witnesses.
(8)
A general description of the hearing procedure including the order
of presentation of evidence and an explanation of the burdens of proof
or burdens of going forward with the evidence;
(9)
The amount of any bail; and
(10)
The amount or range of possible fines, and a statement that the court
may impose other available civil remedies.
The
notice described in this subsection shall be personally served on
the Respondent in accordance with Siletz Tribal Court Rules and Procedures,
§3.06.
(c) Appeals
from Tribal Court: Appeals from Tribal Court shall be handled in
accordance with the Siletz Tribal Court Rules and Procedures.
(d)
Burden of Proof: The Tribe shall have the Burden of Proof for proving
all elements of the below-described offenses by the preponderance of
the evidence.
(e)
Definitions:
(1)
"Person" means any individual, corporation, commission, partnership
or other entity;
(2)
"Intentionally" or "with intent" when used with respect to a result
or to conduct described by a provision of Siletz Tribal law defining
a civil offense means that a person acts with a conscious objective
to cause the result or to engage in the conduct so described.
(3)
"Knowingly" or "with knowledge" when used with respect to a result
or to conduct described by a provision of Siletz Tribal law defining
a civil offense, means that a person acts with an awareness that the
conduct of the person is of a nature so described or that a circumstance
so described exists.
(4)
"Recklessly" or "reckless" when used with respect to a result or to
a circumstance described by a provision of Siletz Tribal law defining
a civil offense, means that a person is aware of and consciously disregards
a substantial and unjustifiable risk that the result will occur or
that the circumstance exists. The risk must be of such nature and
degree that disregard thereof constitutes a gross deviation from the
standard of care that a reasonable person would observe in the situation.
(5)
"Negligence" or "negligent" when used with respect to a result or
to a circumstance described by a provision of Siletz Tribal law defining
a civil offense, means that a person fails to be aware of a substantial
and unjustifiable risk that the result will occur or that the circumstance
exists. The risk must be of such nature and degree that the failure
to be aware of it constitutes a gross deviation from the standard
of care that a reasonable person would observe in the situation.
(6)
"Liquor" means any liquid or solid containing more than one-half of
one percent alcohol by volume and capable of being consumed by a human
being.
(7)
"Siletz Indian Country" means: any real property owned by, held in
trust for or possessed by the Confederated Tribes of Siletz Indians,
Chinook Winds Gaming and Convention Center, Siletz Tribal Economic
Development Commission or any other entity of the Tribe.
(f)
Proper Parties and Procedure:
(1)
All civil offenses shall be enforced and pursued in court by the Confederated
Tribes of Siletz Indians of Oregon only.
(2)
No other person or entity may enforce, nor pursue in court, a civil
offense contained in this ordinance without the express authorization
of the Tribal Council of the Confederated Tribes of Siletz Indians
of Oregon.
(3)
No employee, agent, instrumentality, enterprise, contract employee,
volunteer, business, official or director of the Confederated Tribes
of Siletz Indians of Oregon, Siletz Tribal Economic Development Commission,
Chinook Winds Gaming and Convention Center, Siletz Indian Housing
Authority, or other entity or division of the Tribe or any other entity
listed in this subpart may be prosecuted under this civil offense
ordinance for acts committed during their hours of duty or employment
without the express consent of the Tribal Council of the Confederated
Tribes of Siletz Indians of Oregon.
(g)
Consent to Jurisdiction: The Siletz Tribal Court Rules and Procedures
contain provisions relating to when a party consents to the Tribe's
jurisdiction. These consent to jurisdiction provisions, as amended;
apply to the Tribe's jurisdiction to prosecute the civil offenses set
forth below.
§15.03 CIVIL OFFENSES: The following shall be civil
offenses against the Confederated Tribes of Siletz Indians of Oregon.
Violations of Civil Offenses are punishable through the imposition of
fines, up to $2,500, in addition to any other civil penalty or order
of the Siletz Tribal Court. It is within the Siletz Tribal Court's authority
to impose any civil penalty within its authority, including, but not
limited to orders to pay restitution, revocation of licenses and orders
of eviction. In addition to the offenses listed below, a person commits
the offense of "attempt" when the person intentionally engages in conduct
which constitutes a substantial step toward commission of a civil offense.
(a)
Giving False Information to a Law Enforcement or Security Officer:
A person commits the offense of Giving False Information to a Law Enforcement
or Security Officer when the person knowingly uses or gives a false
or fictitious name, address, or date of birth to any Law Enforcement
or Security officer for the purpose of issuing or serving the person
a citation.
(b)
Assault: A person commits the offense of Assault when the person
(1)
Intentionally, knowingly or recklessly causes physical injury to another;
or
(2)
With criminal negligence, causes physical injury to another by means
of a deadly weapon.
(c)
Menacing: A person commits the offense of Menacing when the person,
by word or conduct, intentionally attempts to place another in fear
of imminent serious bodily injury.
(d)
Recklessly Endangering Another Person: A person commits the offense
of recklessly endangering another person if the person recklessly engages
in conduct which creates a substantial risk of serious physical injury
to another person.
(e)
Mistreatment: A person commits the offense of Mistreatment if, with
negligence and
(1)
In violation of a legal duty to provide care for another person, including
an elder, and the person withholds necessary and adequate food, physical
care or medical attention from that person; or
(2)
Having assumed the permanent or temporary care, custody or responsibility
for the supervision of another person, including an elder, the person
withholds necessary and adequate food, physical care or medical attention
from that person.
(f)
Child Neglect: A person having custody or control of a child under
10 years of age commits the offense of Child Neglect, if, with criminal
negligence, the person leaves the child unattended in or at any place
for such period of time as may be likely to endanger the health or welfare
of such child.
(g)
Endangering the Welfare of a Minor: A person commits the offense
of Endangering the Welfare of a Minor if the person knowingly:
(1) Induces,
causes or permits an unmarried person under 18 years of age to witness
an act of sexual conduct or sadomasochistic abuse, as defined above;
or
(2)
Permits a person under 18 years of age to enter or remain in a place
where unlawful activity involving controlled substances is maintained
or conducted;
(3)
Distributes, sells, or causes to be sold, tobacco in any form to a
person under 18 years of age; or
(4)
Sells to a person under 18 years of age any device in which tobacco,
marijuana, cocaine or any controlled substance, as defined above,
is burned and the principal design and use of which is directly or
indirectly to deliver tobacco smoke, marijuana smoke, cocaine smoke
or smoke from any controlled substance into the human body.
(h)
Theft: A person commits the offense of Theft when, with intent to
deprive another of property or to appropriate property to the person
or to a third person, the person takes, appropriates, obtains or withholds
such property from an owner of the property.
(i)
Reckless Burning: A person commits the offense of Reckless burning
if the person recklessly damages property of another by fire or explosion.
(j)
Arson: A person commits the offense of Arson if, by starting a fire
or causing an explosion, the person intentionally damages either:
(1)
Any property not owned by the person or a member of the person's household
or
(2)
Any building or real property.
(k)
Mischief: A person commits the offense of Mischief if, with intent
to cause substantial inconvenience to the owner or to another person,
and having no right to do so nor reasonable ground to believe that the
person has such right, the person tampers or interferes with property
of another.
(l)
Unlawfully Applying Graffiti: A person commits the offense of Unlawfully
Applying Graffiti if the person, having no right to do so nor reasonable
ground to believe that the person has such right, intentionally damages
property of another by applying graffiti to the property.
(m)
Littering: A person commits the offense of Littering if the person
discards any glass, cans or other trash, rubbish, debris or litter on
any land or structure or within any building owned or operated by the
Confederated Tribes of S filet z Indians of Oregon or the Siletz Indian
Housing Authority.
(n)
Disorderly Conduct: A person commits the offense of Disorderly Conduct
if, with intent to cause public inconvenience, annoyance or alarm, or
recklessly creating a risk thereof, the person:
(1)
Engages in fighting or in violent, tumultuous or threatening behavior;
or
(2)
Makes unreasonable noise; or
(3)
Disturbs any lawful assembly of persons without lawful authority;
or
(4)
Obstructs vehicular or pedestrian traffic on a public way; or
(5)
Congregates with other persons in a public place and refuses to comply
with a lawful order of the police to disperse; or
(6)
Initiates or circulates a report, knowing it to be false, concerning
an alleged or impending fire, explosion, crime or offense, catastrophe
or other emergency; or
(7)
Creates a hazardous or physically offensive condition by any act which
the person is not licensed or privileged to do.
(o)
Harassment: A person commits the offense of harassment if the person
intentionally:
(1)
Harasses or annoys another person by:
(A)
Subjecting such other person to offensive physical contact; or
(B)
Publicly insulting such other person by abusive words or gestures
in a manner intended and likely to provoke a violent response;
(2)
Subjects another to alarm by conveying a false report, known by the
conveyor to be false, concerning death or serious physical injury
to a person, which report reasonably would be expected to cause alarm;
or
(3)
Subjects another to alarm by conveying a telephonic, computerized
or written threat to inflict serious physical injury on that person
or to commit a felony involving the person or property of that person
or any member of that person's family, which threat reasonably would
be expected to cause alarm.
(p)
Abuse of Tribal Venerated Objects, Tribal Memorials or Objects of Special
Tribal Significance: A person commits the offense of Abuse of Tribal
venerated Objects, Tribal Memorials or Objects of Special Tribal Significance
if the person intentionally destroys, mutilates, defaces, injures or
removes any
(1)
Tomb, monument, gravestone or other structure or thing placed as,
or designed for, a memorial to the dead; or
(2)
Fence, railing, curb or other thing intended for the protection or
for the ornamentation of any structure or thing listed in subpart
(1); or
(3)
Any building, structure, artifact, symbol, artwork, remnant, or any
other object of historical, spiritual, traditional, memorial, significance
to the Confederated Tribes of Siletz Indians of Oregon.
(q)
Telephonic Harassment: A telephone caller commits the offense of
Telephonic Harassment if the caller intentionally harasses or annoys
another person:
(1)
By causing the telephone of the other person to ring, such caller
having no communicative purpose; or
(2)
By causing such other person's telephone to ring and causing such
other person to answer it, knowing that the caller has been forbidden
from doing so by a person exercising lawful authority over the receiving
telephone.
(r)
Pointing Firearm at Another: Any person over the age of 12 years
who purposely points or aims any loaded or empty pistol, gun, revolver
or other firearm at or toward any other person within range of the firearm,
except in self defense, shall have committed the offense of Pointing
Firearm at Another.
(s)
Animal Abuse: A person commits the offense of Animal Abuse if, except
as otherwise authorized by law, the person intentionally, knowingly
or recklessly, causes serious physical injury or death to an animal.
(t)
Tobacco Possession by Minors: A person under 18 years of age shall
commit the offense of Tobacco Possession by Minors when such person
possesses any Tobacco Products.
(u)
Providing Liquor to Persons under 21 or to Intoxicated Person:
(1)
No person shall sell, give or otherwise make available any alcoholic
liquor to any person who is visibly intoxicated.
(2)
No one shall sell or give any alcoholic liquor to a person under the
age of 21 years.
(v)
Possession of Liquor by Person under 21: No person under the age
of 21 years shall have personal possession of alcoholic liquor. For
the purposes of this section, "personal possession" of alcoholic liquor
includes the acceptance or consumption of a bottle of such liquor, or
any portion thereof or a drink of such liquor. However, this section
does not prohibit the acceptance or consumption by any religious person
of sacramental wine as part of a religious rite or service.
(w)
Criminal Trespass: A person commits the offense of criminal trespass
if the person enters or remains unlawfully in or upon premises. For
the purposes of this subsection, "enter or remain unlawfully" means:
(1)
to enter or remain in or upon premises when the premises, at the time
of such entry or remaining, are not open to the public or when the
entrant is not otherwise licensed or privileged to do so; or
(2)
to fail to leave premises that are open to the public after being
lawfully directed to do so by the person in charge.
For the
purposes of this subpart, "person in charge" means a person, a representative
or employee of the person who has lawful control of premises by ownership,
tenancy, official position or other legal relationship.
For the
purposes of this subpart, "premises" includes any building and/or any
real property, whether privately or publicly owned.
(x)
Possession, Delivery or Manufacturing of Controlled Substances:
For the purposes of this subsection, a "controlled substance" includes
a drug or its immediate precursor classified in schedules I through
V under the Federal Controlled Substances Act, 21 U.S.C. § 811
to 312. Any person who possesses, delivers or manufactures a controlled
substance shall commit the offense of Possession, Delivery or Manufacturing
of Controlled Substances, unless such substances was obtained pursuant
to an prescription from a licensed professional, authorized under state,
federal or tribal law to issue such prescriptions.
(y)
Abandoned Vehicles: For the purposes of this section, a "person's
vehicle" shall be any automobile, motor home, motorcycle or other vehicle
under a persons control or supervision." A person shall commit the offense
of abandoned vehicles in any of the following cases:
(1)
The person's vehicle is not driveable and is located on Tribal Property;
(2)
The person's vehicle does not display current license tags;
(3)
The person's vehicle is parked in violation of posted parking requirements;
or
(4)
The person's vehicle obstructs any established right of way.
(z)Unauthorzed
Sale or Distribution of Prescription Drugs: A person shall commit
the offense of unauthorized sale of prescription drugs if the person
is not authorized and licensed to sell or distribute prescription drugs
and the person sells or distributes prescription drugs.
(aa)
Failing to Observe Pets: A person shall commit the offense of Failing
to Observe Pets if any pet under their control or supervision either:
(1)
Is not secured to a leash under the control of the owner or another
responsible individual capable of managing the pet; or
(2)
The owner and/or person in control of a pet fails to prevent the pet
from causing injury to a third party without provocation.
(bb)
Nuisance: A person shall commit the offense of Nuisance if he or
she creates or fails to remove any condition wholly or partially on
his or her own property which substantially interferes with the rights
of others to enjoy their property.
§15.04 ENFORCEMENT: Notices, and citations of
alleged civil offenses may only be issued by officers and agents of
the Confederated Tribes of Siletz Indians of Oregon.
CERTIFICATION
The foregoing
ordinance was adopted by the Siletz Tribal Council at a Regular Council
meeting held on January 18, 1997, at which a quorum was present, and
the ordinance was adopted by a vote of 9 FOR, 0 AGAINST,
and 0 ABSTAINING.
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SILETZ
TRIBAL COUNCIL
By
Delores Pigsley
Tribal Chairman
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| ATTEST: |
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Mary "Dolly" Fisher
Secretary/Treasurer |
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ADOPTED:
01/18/97
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Amended
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