San Ildefonso Pueblo Code
Received: 1996
TITLE XVII - ZONING AND PLANNING
CHAPTER 53 - RESIDENCY REQUIREMENTS
Sec. 53.1 -Approval Required for Use of Property by Non-Residents.
All members of the Pueblo of San Ildefonso shall first obtain approval from the Governor and Tribal Council before renting, leasing or lending buildings, houses, or land, under their ownership or control, to non-members of the Pueblo for temporary or permanent use within the jurisdiction of the Pueblo.
Sec. 53.2 -Approval required for Residence by Non-Member
Spouses.
All nonmembers that plan to reside in the Pueblo or on Pueblo land with their member spouse or any other non-member must first report to the Governor and Tribal Council before taking up residence, and sign an agreement that they will respect and will abide by the laws, customs, rules and regulations of the Pueblo Council or any of its agencies or commissions.
Sec. 54.1 - Purpose.
The Governor and Council are interested in the orderly development of the Pueblo and it is recognized that there are certain types of construction that may be detrimental to the health, safety, and general welfare of the Pueblo residents and their property, depending on the fact of each particular case.
Sec. 54.2 - Building Permits Required.
(1) Prior to the commencement of any construction having a value of over $100.00, a plan will be submitted to the Governor and Tribal Council. If the Governor and Council approve the plan, a building permit will be issued by the Governor and Council to the applicant, with any conditions or requirements deemed proper, which will be valid for a period of one year.
(2) Any building permit issued under this Section must state, among other conditions, the following:
A. Name and address of party requesting the permit.
B. Location of construction; that is section, township, range and any subdivision thereof, or other appropriate description.
C. Type of construction--residential, agricultural, commercial or industrial or public.
D. The approximate cost of construction.
E. Statement that the construction will not be detrimental to the public peace, health, safety and general welfare of the public.
F. That the party requesting the permit will sign the permit thereby agreeing to perform the construction as required by the permit to maintain warning signs and lights at the site of construction, to remove all rubbish from public roadways and not to block such roadways except with approval of the Governor and Council, and leave construction site in a clean and sightly manner as may be required.
CHAPTER 55 - MISCELLANEOUS PROVISIONS
Sec. 55.1 Criminal Trespass - Buildings.
Any person who without permission of the owner shall enter or intentionally remain in any building or separately secured or occupied portion thereof, knowing that he is not licensed or privileged to do so whether by day or night, shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $300.00 with costs, or to such other orders of the Court, and may be ordered by the Court to make restitution for any damage caused by the act of trespass.
Sec. 55.2 - Defacing Official Signs.
Any person who shall, without proper authorization, pull down or deface any sign of any nature of the Pueblo, State or Federal Government or any advertisement authorized by law, shall be guilty of a violation and, upon conviction thereof, may be subject t o pay a penalty assessment of not to exceed $50.00 with costs, or to such other orders of the Court, and may be required to make restitution for the damages done.
Sec. 55.3 - Desecration of Religious Sites.
Any person who shall desecrate by any act, including removal of artifacts or any other material firm burial grounds or other religious and sacred or traditional areas of the Pueblo of San Ildefonso, shall be guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not to exceed $500.00, with costs, or such other orders of the Court, and may be required to make appropriate restitution in the discretion of the Court, or may be excluded from the San Ildefonso Reservation under provisions of this Code.
Sec. 55.4 - Injury to Public Property.
Any person who by any means whatever shall willfully or mischievously injure, destroy or deface any building or other property of the Pueblo, State or the United States Government or any other public property or deface or write upon any walls or shall injure the grounds appurtenant thereto or the trees, fences, soil or pavement thereof, shall be guilty of a violation and, upon conviction thereof, shall be subject to pay a penalty assessment of not more than $200.00, with costs, or to such other orders of the Court, and may be required to make proper restitution, including parents of minor children who violate this Section.
Sec. 55.5 - Littering.
Any person who shall dispose of any garbage or other forms of litter or waste anywhere within the exterior boundaries of the Pueblo, including waterways, roadways, public roads, campgrounds or other public places, except in public waste disposal grounds designated by the Council shall be guilty of a violation and, upon conviction thereof, may be subject to pay a penalty assessment of not to exceed $100.00, with costs, or to such other orders of the Court, and may be required to clean up the litter.
Sec. 55.6 - Maintaining a Public Nuisance.
Any person who shall act in such manner or permit his property to fall into such condition as to injure the property of other persons or the Pueblo or to place another person in fear of his safety, health or comfort, shall be guilty of a violation and, up on conviction thereof, nay be subject to pay a penalty assessment of not to exceed $200.00 with costs, or to such other orders of the Court, and may be required to remove or correct such nuisance when ordered by the Court, or shall be removed or corrected by the Pueblo if the person so convicted is sixty (60) years of age or older.
ADDENDUM
SECTION - 55.5 Littering And Illegal Dumping.
Any person(s) who shall dispose of any garbage or other forms of litter or waste anywhere within the exterior boundaries of the Pueblo of San Ildefonso, including waterways, roadways, public roads, campgrounds or other public places, except in public waste disposal grounds designated by the San Ildefonso Tribal Council shall be guilty of a violation and, upon conviction thereof, may by subject to pay penalty assessment of a minimum of $500.00 and a maximum of $1,000.00, with costs, or to such other orders of the Court, and may be required to clean up the litter.