“Citizen” is an enrolled member of the Wiyot Tribe.

“Cultural resources” include artifacts, religious sites, burial grounds, and/or geological resources that have spiritual, historical, and/or cultural significance to the Tribe.

“Exclusion” means the temporary or permanent expulsion of any person from Tribal lands or any portion thereof.

“Exclusion hearing” is a hearing in which a person who has received and is the subject of a notice of exclusion has an opportunity to present reasons as supported by relevant evidence and/or law, in person, telephonically, in writing or through a representative, why he/she should not be excluded and/or removed from Tribal lands, and the exclusion officer has the burden to prove that the nonmember committed the misconduct or unlawful act warranting the nonmembers’ exclusion and removal from Tribal lands.

“Exclusion officer” is a person duly designated by Tribal Council resolution to fulfill the following duties pursuant to this chapter: investigate reports of conduct or other violation of Tribal or applicable laws that may warrant exclusion and removal from Tribal lands, send cease and desist letters to persons subject to exclusion, issue notices of exclusion upon authorization by the Tribal Council, conduct exclusion hearings before the Tribal Council, and issue and enforce orders of the Tribal Council to remove persons from Tribal lands.

“Exclusion order” means an order for exclusion of a person issued by the Tribe pursuant to this chapter.

“Exigent circumstances” means emergency, urgent, or other pressing situation or circumstances, including but not limited to immediate danger to the life, health, or property of citizens or other persons on Tribal lands and where delay can reasonably be foreseen as likely to result in irreparable harm, and that may require immediate exclusion by the Tribe.

“Interest” refers to a right, claim, title, or legal share in property.

“Land assignment” means a right to exclusive use of Tribal trust lands on the Reservation, subject to the limitations, rules, regulations, and restrictions under the Tribe’s Constitution and Land Assignment Ordinance.

“Misconduct” is any behavior that is violent or threatens violence, maintains a nuisance, or otherwise violates Tribal, state and federal law or Tribal custom.

“Nuisance” is anything that injures health, including, but not limited to, the illegal sale of controlled substances, is indecent or offensive to the senses, an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of a river, bay, stream, canal, or basin, or any park, square, street, or highway.

“Objectionable conditions” are circumstances or situations found by the Tribal Council to violate Tribal custom or law, pose a health or safety hazard to any person, or otherwise constitute a nuisance.

“Permanent exclusion order” is an order issued by the Tribal Council and delivered by the exclusion officer to permanently expel and remove a person from Tribal lands.

“Person” is any citizen of the Tribe or any other person.

“Preponderance of the evidence” is evidence which is of greater weight or more convincing than the evidence offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.

“Reservation” comprises of the new Reservation as defined in the Article VI, Section 2(b) of the Tribe’s Constitution as lands located on the south end of Humboldt Bay, California, located five miles from the town of Loleta and taken into trust in 1991 by the United States on behalf of the Tribe, as well as any and all lands that at one time were acquired under and taken into trust by the United States on behalf of the Tribe that then became subject to the California Rancheria Act, and such other lands as may be acquired by the Tribe within or outside such boundaries as defined herein.

“Temporary exclusion order” is an order issued by the Tribal Council and delivered by the exclusion officer to exclude a person from Tribal lands for a specified amount of time, limited in duration.

“Trespass” means unauthorized interference, intrusion, or invasion of private or Tribal premises or land of an individual or the Tribe as described and prohibited under this chapter.

“Tribal lands” are all lands under the jurisdiction of the Tribe pursuant to Article II of the Tribe’s Constitution, including but not limited to, all trust and fee lands within the Tribe’s Reservation, any lands held in trust by the United States for the benefit of the Wiyot Tribe or individual Tribal members, and any lands held in trust for the benefit of individual Tribal members or the Tribe outside the exterior boundaries of the Reservation. [Ord. 01-07 Art. 2, approved 10/22/07.]