3.10.050 Grounds for exclusion and removal.
In adjudicating the issuance of an exclusion order, the Tribe’s exclusion officer and Tribal Council may consider the number and pattern of acts committed in violation of this chapter and the history, circumstances and/or significance of each act. Any person may be excluded from the Reservation and all other Tribal lands on any of the following grounds:
A. Trespass. Grounds for violation of this chapter based on trespass are as follows:
1. Unauthorized entering and occupation of Tribal lands or any real property or structures of any kind contained therein without the consent of the Tribe;
2. Entering any Tribal lands, whether enclosed or unenclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the Tribe, Tribe’s agent, or by the person in lawful possession;
3. Unauthorized occupation of or presence on Tribal lands, including any real property or structures, without the consent of the Tribe or person in lawful possession of said property.
B. Commission or Conviction of Crimes. The commission or conviction of a felony or misdemeanor under Tribal, state, or federal law for violent or nonviolent crimes which results in or is likely to result in the unlawful injury, damage, or threat to the peace, health, and safety of persons, property, or cultural resources under the Tribe’s jurisdiction; or the commission of any violent felony or misdemeanor on Tribal lands.
C. Violation of Tribal Laws. Failure to adhere to the Tribe’s laws and regulations or repeated failure to correct a violation of such laws and regulations after the Tribal Council orders to do so.
D. Nuisance. Committing nuisance as defined herein on Tribal lands.
E. Unauthorized Hunting or Fishing. Hunting, fishing or trapping on Tribal lands without proper authority or obtaining permission or otherwise in violation of Tribal, state, or federal laws.
F. Interference With Tribal Ceremonies. Interference with Tribal ceremonies on Tribal lands without consent of the Tribe or Tribal citizens involved. Under this subsection, the meaning of the term “interference” shall include but is not limited to intrusion upon, disruption of, unauthorized photographing, taping or other duplication of cultural and/or ceremonial activities.
G. Misconduct. Obstructing, threatening, or intimidating Tribal government officials or agencies, public agencies on Tribal lands, Tribal business operators, or any other persons attempting to conduct governmental or private business, and refusing to leave the premises of the Tribal or public agency or business after being requested to leave by the Tribe, agency, or business, or by any Tribal, state, or federal peace officer acting on their behalf.
H. Other Grounds. Any other serious misconduct, objectionable condition, or violation of law found by the Tribal Council to be sufficient cause for exclusion. [Ord. 01-07 Art. 4, approved 10/22/07.]