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Mille Lacs Band Statutes Annotated

Amendments received through: August 29, 2003

TITLE 24 - JUDICIAL PROCEEDINGS

CHAPTER 1

CIVIL CAUSES OF ACTION

Historical and Statutory Notes

The Preamble of Band Statute 1144-MLC-5 provides:

"WHEREAS, it is necessary to develop a written code for adjudication of wrongs of a civil nature that occur on lands subject to the jurisdiction of the Non-Removeable Mille Lacs Band of Chippewa Indians, and

"WHEREAS, a democratic form of government such as is enacted and operational for the benefit of the Non-Removeable Mille Lacs Band of Chippewa Indians requires that laws be implemented to establish equal standards for the conduct of all persons subject to the civil jurisdiction of the Band in the interest of justice, and

"WHEREAS, equal justice is the primary ingredient of any democracy, and

"WHEREAS, it is the desire of the Band Assembly to retain the customs and traditions of the Non-Removeable Mille Lacs Band of Chippewa Indians which, since time immemorial had been unwritten codes to be passed orally from generation to generation,

"NOW THEREFORE, Be it enacted by the Band Assembly."

Cross References

Civil actions not merged into criminal offenses, see 24 MLBSA §1003.

SUBCHAPTER 1

GENERAL PROVISIONS

Section
1. Purpose
2. Exclusive original jurisdiction.
3. Concurrent jurisdiction.
4. Application of Uniform Commercial Code of State of Minnesota.
5. Truth in Lending Act.
6. Consumer Protection Laws of State of Minnesota.

§ 1. Purpose

The purpose of this chapter is:

(a) To promote the general welfare, preserve and maintain justice, and to accord equal rights, equal protection and equal opportunity for all persons under the civil jurisdiction of the Non-Removeable Mille Lacs Band of Chippewa Indians by enacting a written law to establish standards for civil causes of action.

(b) To exercise inherent powers of government essential to the attributes of sovereignty by regulating the civil affairs of persons who enter or reside on lands subject to the jurisdiction of the Non-Removeable Mille Lacs Band of Chippewa Indians and to provide a forum for the redress of civil grievances and disputes between persons located on said lands.

(c) To provide a written code of civil law of the Non-Removable Mille Lacs Band of Chippewa Indians which may be invoked in the courts of any jurisdiction exterior to the Band, by any Band member who may be subject to the civil jurisdiction, of the State of Minnesota pursuant to the provisions of 28 USC 1360.

Historical and Statutory Notes

Source: Band Statute 1144-MLC-5, T.I, §1.

(a) The Court of Central Jurisdiction is hereby conferred exclusive original jurisdiction over all civil causes of action, involving any person, where said grievance or dispute arises concerning any property, personal or otherwise, located on lands subject to the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians.

(b) The Court of Central Jurisdiction shall have exclusive original jurisdiction over all civil matters in which the Non-Removable Mille Lacs Band of Chippewa Indians, any of its political subdivisions or entities, or its officers, appointees or employees are parties in their official capacity. Nothing herein shall be construed as a waiver of sovereign immunity of the Band unless specifically authorized in accordance with Band law or by specific Band statute.

(a) Two or more parties, all of whom are legally capable of making a contract.

(b) An offer by one party to do or refrain from doing a certain thing.

(c) Acceptance of the offer by words or actions of the other party.

(d) Consideration, or benefit, to one party in payment for the promise or actions of the other.

(a) An offer is a proposal by one party to another party, showing a present intention to contract and giving the other party the right to accept to that the contract may be created.

(b) To qualify as an offer, the words or acts shall meet the following basic requirements:

(1) The offer must indicated a present serious intention to contract.

(2) The essential terms of the offer must be definite and certain.

(3) The offer must be communicated to an identified party.

(c) The four essential terms identified in paragraph (2) of subsection (b) are parties, subject matter, time for performance and price.

(a) All persons are capable of contracting except minors under the age of sixteen and persons of unsound mind. Minors have only such capacity as shall be specified in the Band Statutes relating directly to them.

(b) The contract of a minor if made while he is under the age of sixteen may be disaffirmed by the minor himself either before his majority or within one year's time afterwards.

(c) A minor cannot disaffirm a contract otherwise valid to pay the reasonable value of things necessary for his support or that of his family entered into by him when not under the care of a parent or guardian able to provide for him or them.

(a) Consent of the parties to a contract must be free, mutual and communicated by each to the other.

(b) Consent which is not free is not void but voidable and may be rescinded in the manner prescribed by the statutes on revision (24 MLBSA §117). An apparent consent is not real or free and is voidable when obtained through duress, fraud, undue influence or mistake.

(c) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances unless the offer clearly and expressly indicates, by its language or circumstances involved, that a specific method of acceptance is required.

(d) Consent is deemed to be fully communicated between the parties as soon as the party accepting the offer has put his acceptance in the course of transmission to the party making the offer in conformity with subsection (c).

(e) A definite expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms. Any acceptance that materially changes the offer is a counteroffer that must be accepted by the original offeree to form a contract, except for sales contracts that are subject to interpretation under the Uniform Commercial Code of the State of Minnesota.

(f) A voluntary acceptance of the benefit of a transaction is equivalent to consent to all the obligations arising from it so far as the facts are known, or ought to be known, to the party accepting.

(a) An offer may be withdrawn at any time before its acceptance is communicated to the party making the offer, but not afterwards with the exception of option contracts or in the case of detrimental reliance.

(1) When an offeree gives something of value in exchange for a promise by the offeror not to revoke an outstanding contract, this shall be called an option contract. The option shall be treated as a contract in which the offeror bargains away his or her right to revoke the offer. If the option agreement does not specify a time limit, the court shall require the offeror to hold the contract open to the offeree's acceptance for a reasonable period of time.

(2) When the offeree relies upon an outstanding offer and as a result, suffers harm or loss this shall constitute detrimental reliance. Detrimental reliance by the offeree on an outstanding offer, where the reliance was reasonable and foreseeable by the offeror, shall make the offer irrevocable for a reasonable period of time.

(b) An offer is withdrawn by the communication of notice of withdrawal by the party making the offer to the other party, and received by him, in the manner prescribed for communication of consent and acceptance, before his acceptance has been communicated to the former; or, by the lapse of time prescribed in such offer for its acceptance, or if no time is so prescribed, the lapse of a reasonable time without communication of acceptance; or beginning of performance if the reasonable method of acceptance; or, by the failure of the acceptor to fulfill a condition precedent to acceptance; or by the death or insanity of the offeror before acceptance of the offer; or by the supervening illegality of the proposed contract.

(a) The object of a contract is the thing which the party receiving the consideration agrees to do or not to do.

(b) The object of a contract must be lawful when the contract is made and possible and capable of being determined by the time the contract is to be performed.

(c) Where a contract has only a single object and such object is unlawful in whole or in part, or wholly impossible of performance, or so vaguely expressed as not to be wholly ascertainable, the entire contract is void.

(d) Where a contract has several distinct objects, one or more of which are lawful and one or more of which are unlawful in whole or in part, the contract is void as to the unlawful objects and valid as to the rest, if performance of the contract is possible after the exclusion of the unlawful part or parts.

(a) Consideration is the price bargained for and paid for a promise. It may consist of an act, a forbearance, or a return promise.

(b) The test of a sufficient consideration is whether the act, forbearance, or return promise results in a benefit to the promisor or a detriment to the promisee.

(c) Consideration must be of some legal value. If there is no detriment or benefit, then the agreement is not enforceable. However, the amount of value is irrelevant. The court will uphold and enforce an agreement where there is consideration and will not impose its view as to whether the consideration was adequate or fair.

(d) No preexisting duty imposed by law or contract shall be consideration on a subsequent contract.

(e) The following shall be substituted for consideration.

(1) A promise to perform a legal duty created in the past transaction and owing to the promisee is enforceable without new consideration.

(2) If the promisee reasonably relied on promisor's promise to his detriment or forbearance, the contract will be enforced.

(f) A written instrument is presumptive evidence of a consideration.

(g) The burden of proof of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.

(a) All contracts may be oral except such as are specially required by statute to be in writing.

(b) The following contracts shall not be enforceable by action unless the same or some memorandum thereof be in writing and subscribed by the party to be charged or his agent, thereunto authorized by law.

(1) An agreement that by its terms is not to be performed within a year from the making thereof.

(2) An agreement made upon consideration of marriage, other than a mutual promise to marry.

(3) An agreement for the sale of real estate or an interest therein or lease of the same for a period longer than a year, but this does not abridge the power of the Court of Central Jurisdiction to compel specific performance of any agreement for the sale of real estate in case of part performance thereof.

(4) A contract of sale or to sell any personal property of the value of $500 or upward unless the buyer shall actually receive and accept part of the personal property sold or contracted, or give something in earnest or part payment to bind the bargain. These provisions apply to every sale or contract for sale of personal property.

(c) Where a contract which is required to be in writing is prevented from being put into writing by the fraud or deceit of a party thereto, any other party who is prejudiced by such fraud may enforce it against the fraudulent party.

(a) In order to simplify the judicial interpretation of contracts by having a single, clear source of proof concerning the terms of the contract, the Parole Evidence Rule as set forth in subsection (b) shall be exercised in the Court of Central Jurisdiction.

(b) The Parole Evidence Rule: Where the parties to a contract express their agreement in writing with the intent that it contain the complete and final expression of their bargain, any other expressions, whether written or oral made prior to or concurrent with the writing are inadmissible to change the terms of the writing.

(c) The parole Evidence Rule shall only apply when there is a writing that is intended to be the complete and final expression of the bargain. In the event that the writing is not intended to be the complete and final expression of the contract, then other expressions whether oral or written are admissible even if they vary or contradict the terms of the writing.

(d) The parole Evidence Rule shall only apply to evidence of agreements which change the final written expression. Evidence concerning oral or written agreements shall be admissible to aid in interpreting rather than changing the terms of the bargain. The party seeking to admit the evidence, however, must first produce evidence that the writing is ambiguous.

(e) The parole Evidence Rule shall not apply to situations in which the agreement itself is being challenged. Evidence concerning other oral or written expressions shall be admissible to show that no contract existed or that the entire agreement is unenforceable.

(a) By evidence of prior course of dealing between the parties; and

(b) By evidence of terms as they are defined by the common usage particular to the subject of the contract; or

(c) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.

(a) All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud or willful injury to the person or property of another or from violation of law whether willful or negligent, are against the public policy of the Non-Removable Mille Lacs Band of Chippewa Indians and shall be void.

(b) Every contract in which the amount of damage or compensation for the breach of an obligation is determined in anticipation thereof is void to that extent, except the parties may agree therein upon an amount presumed to be the damage for breach in cases where it would be impractical or extremely difficult to fix the actual damages.

(c) Every provision in a contract restricting a party from enforcing his rights under it by usual legal proceedings in the Court of Central Jurisdiction or limiting his time to do so, is void.

(d) Every contract restraining exercise of a lawful profession, trade or business is void to the extent, except:

(1) One who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within a specified reservation or part thereof, so long as the buyer or person deriving title to the goodwill from him carries on a like business therein;

(2) Partners may, upon or in anticipation of a dissolution of the partnership, agree that none of them will carry on a similar business within the same reservation, or part thereof, where the partnership business has been transacted;

(3) An employee may agree with an employer at the time of employment or at any time during such employment not to engage directly or indirectly in the same business or profession as that of his employer for any period not exceeding five years from the date of such agreement or within the boundaries of the same reservation.

(e) Usury is the exaction of interest or service charges or deferred payment on a sale of goods on a loan of money which interest or service charge is higher than the rate established by the laws of the State of Minnesota for similar transactions. Such a usurious contract is illegal and void.

(f) The law of the Non-Removeable Mille Lacs Band of Chippewa Indians will aid neither party to an illegal contract. If it is executory, neither party may enforce it. If executed, the Court of Central Jurisdiction shall not permit revision and recovery of what was given in performance.

(a) The lack of legal capacity to contract shall be an available defense to judicial enforcement of contracts. Nothing herein shall relieve minors of their right to affirm the provisions of a contract when they come of age or in the case of mentally incompetent persons when they become competent. Persons who lack legal capacity in matters where they affirm said contract shall be bound by the provisions of said contract even if they were unaware of the fact that the contract was previously voidable. In all cases, minors and persons who are mentally incompetent shall be liable for the reasonable value of any necessities for sustaining life that may be conferred on them pursuant to the provisions of their contracts.

(b) Failure to comply with the Statute of Frauds (24 MLBSA §112) shall be an available defense to judicial enforcement of contracts. The Statute of Frauds shall be liberally construed so as to limit the substantial loss of property or money simply because a person failed to put an otherwise valid agreement into writing.

(c) The illegality of the contract shall be an available defense to judicial enforcement of contracts. Contracts in which either the subject matter of the contract or the purpose of the contract is illegal are void an unenforceable in regard to the illegal portion of the contract only.

(d) Fraud or duress shall be an available defense to judicial enforcement of contracts. Where a party signs a contract or gives oral assent based upon a false impression of the contract terms created by the other party, the contract shall be voidable by the innocent party. Where the consent of one party is obtained by force or threat of force against the party or members of the party's family, the contractual obligations of the victim are voidable. This shall be termed duress.

(e)(1) Unconscionability of a contract shall be a defense to judicial enforcement of contracts. The unconscionability of contract doctrine shall work to protect against one-sided bargains, called contracts of adhesion, in which one party with little or no bargaining power is subjected to oppressive terms by the other party. The Court of Central Jurisdiction shall consider the relative bargaining strength of the parties, economic justification for the terms, and injury to the party or to the public policy of the Non-Removable Mille Lacs Band of Chippewa Indians if the terms of the contract are enforced.

(2) It shall be the duty of the Court of Central Jurisdiction to prevent oppression and/or surprise upon one party to the contract by refusing to enforce contract provisions containing warranty disclaimers, waivers of Statute of Limitations or of all defenses, disclaimers of liability or other unreasonable terms or requirements. Obscure or technical language in the contract which the party is obviously unable to comprehend shall also be justification for refusal to enforce the provisions of said contract.

(3) If the court finds a contract or any part of a contract to be unconscionable, the court may refuse to enforce the contract at all, or refuse to enforce the unconscionable terms or limit the enforcement of the terms in order to avoid the oppressive result.

(f) Mistake or ambiguity in the provisions of a contract shall be a defense to judicial enforcement of contracts. The standard rules of contract law regarding mistake or ambiguity shall be utilized in the Court of Central Jurisdiction.

(a) The rights and obligations of nonparties to any contract shall be recognized in the Court of Central Jurisdiction. A non-party shall be any person who was neither the offerer nor the offeree at the time that a contract was formed. The Court of Central Jurisdiction shall recognize three types of nonparties: the intended third-party beneficiary, the assignee of rights, and the delegate of duties.

(b) The legal status of intended third-party beneficiaries shall arise at the formation stage of the original contract. The legal status of assignees and delegates, shall arise subsequent to the formation stage, when either or both of the original parties seeks to transfer rights or assignments and/or to delegate duties to a third party.

(c) A contract made expressly for the benefit of a third parson may be enforced by him at any time before the parties rescind such contract.

(a) The contract law of the Non-Removable Mille Lacs Bands of Chippewa Indians requires that the parties to a contract perform all of their promises pursuant to the provisions of said contract. When one party does not perform a promise pursuant to the terms of the contract, the other party shall have a breach of contract cause of action in the Court of Central Jurisdiction. However, not every breach of a promise made in a contract by one party shall automatically entitle the other party to judicial enforcement of the provisions of said contract. The breach may be justifiable as provided hereafter.

(b) The Court of Central Jurisdiction shall recognize the following as excuses or defenses for the breach of a contract, sand said excuses shall not be exclusive.

(1) Impossibility of performance of the provisions of a contract.

(2) Supervening illegality.

(3) The other contracting parties prior breach of the provisions of a contract.

(4) The waiver of non-performance of the provisions of a contract by the other contracting party.

(5) A later change of the agreement by the parties.

(c) A breach of contract cause of action shall exist in the Court of Central Jurisdiction when a party refuses to perform, fails to perform, or defectively performs a contractual obligation which is due and which has not been excused or discharged.

(d) In the event the breach of contract is substantial or material, the contract obligations of the non-breaching party may be discharged and the non-breaching party may no longer have to perform his or her contractual obligations.

(a) The Court of Central Jurisdiction may award monetary damages as a remedy aimed at making good the losses of the non-breaching party. Only damages which are consequential, foreseeable, unavoidable and certain shall be recoverable.

(b)(1) The Court of Central Jurisdiction may award specific performance as a remedy in which the breaching party is
ordered to perform the contract according to its exact terms. In the event the party willfully disobeys a specific performance order of the court, he/she may be fined or may be subject to contempt of court sanctions pursuant to the laws of the Non-Removable Mille Lacs Band of Chippewa Indians.

(2) The Court of Central Jurisdiction shall award specific performance when other forms of relief or remedy authorized by law are deemed to be inadequate to compensate for any losses of the non-breaching party.

(c) The Court of Central Jurisdiction may award restitution to any non-breaching party to a contract. Restitution shall be awarded to prevent unjust enrichment by the breaching party and shall be measured by the gain of the breaching party as opposed to the non-breaching parties loss. Restitution recovery may be both monetary and tangible or intangible. Restitution may also be in a form so as to restore the parties to a previous position by revision or cancellation of the contract or where a contract is reformed to reflect a more accurate statement of the parties agreement.

(a) A cause of action may be brought for assault or assault and battery. An assault is any willful and unlawful attempt or offer with force or violence, to hurt the person of another. It is any act of such a nature as to create an apprehension of battery. Words alone are not enough to constitute an assault. The apprehension must be one which would normally be aroused in the mind of a reasonable person. Battery is any willful and unlawful use of force or violence upon the person of another. Person includes any part of the body or anything so closely attached thereto that it is customarily regarded as a part thereof.

(b) Assault or battery is justifiable in the follow cases:

(1) When necessarily committed by a police officer in the performance of any legal duty or by any other person assisting him or acting by his direction;

(2) When necessarily committed by any person in arresting one who has committed any felony, and delivering him to a public officer competent to receive him in custody;

(3) When committed either by the party about to be injured, or by any other person in his aid or defense; in preventing or attempting to prevent an offense against his person or any trespass or other unlawful interference with real or personal property in his lawful possession; provided the force or violence used is not more than sufficient to prevent such offense;

(4) When committed by a parent or the authorized agent of any parent, or by any guardian or teacher in the exercise of a lawful authority to restrain or correct the child, ward, or student, provided restraint or correction has been rendered necessary by the child's refusal to obey the lawful command of such person, and the force or violence used is reasonable in manner and moderate in degree;

(5) When committed by any person to prevent any insane person, or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to himself or to another, or enforcing such restraint as is necessary for the protection of his person or for his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person.

(c)(1) The damages recoverable for assault are those for the plaintiff's mental or physical injury, or both. The establishment of the cause of action, without proof of harm, entitles the plaintiff to recover at least nominal damages.

(2) Proof of contact with the plaintiff's person entitles him to recover at least nominal damages. The establishment of this cause of action entitles him also to compensation for the mental disturbance inflicted upon him as well as for any physical harm that may arise.

(a) False imprisonment occurs when a person's freedom of movement has been intentionally and unlawfully restrained.

(b) A person is not liable for false imprisonment of another in the following circumstances:

(1) When making a lawful arrest;

(2) When exercising judicial authority or carrying out the order of a court.

(3) When temporarily detaining a person where there is probable cause to believe such person is attempting to remove unpurchased goods or merchandise without intention of paying the purchase price.

(c) A false imprisonment establishes a cause of action for at least nominal damages. The plaintiff may also recover any other damages that he can show where proximately caused by false imprisonment.

(a) A person is subject to liability to another for trespass, irrespective of whether he thereby causes harm, if he intentionally and unlawfully:

(1) Enters land or any house or structure on the land in the rightful possession of the other or causes a thing or third person to do so;

(2) Remains on such property; or

(3) Fails to remove from such property a thing which he is under a duty to remove.

(b) Extent of liability: A trespasser under this section is liable for any physical harm to the possessor of the property, or to the land, or to any personal property located thereon, or to any persons who are lawfully on the premises or their personal property, caused by any act or activity of the trespasser.

(c)(1) Where a person is entitled to a judgment for harm to land resulting from an unlawful invasion and not amounting to a total destruction in value, and damages, at the plaintiff's election, include compensation for:

(A) The difference between the value of the land before the harm and the value after the harm or the cost of restoration which has been or reasonably may be incurred, or if a separable portion of the land has been damaged, the loss in its value, and

(B) The loss of use of the land; and

(C) Discomfort and annoyance, in an action brought by the occupant.

(2) The damages for past and prospective invasions of land include all detriment to the land past, present or future caused by such trespass.

(a) Personal property includes any kind of property not amounting to an interest in real estate. Leases shall be considered as personal property for the purposes of this section.

(b) A trespass to a personal property may be committed by intentionally and unlawfully:

(1) Dispossessing another of the personal property; or

(2) Using or interfering with the use of personal property in the possession of another, where:

(A) the personal property is impaired as to its condition, quality or value; or

(B) the possessor is deprived of the use of the personal property for a substantial time; or

(C) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.

(3) Disposing of personal property entrusted to the person.

(4) Mis-delivering personal property.

(5) Refusing to surrender personal property to the person entitled thereto.

(c) One who interferes with personal property in any of the ways described in subsection (b) shall be subject to liability for the damages caused. Damages may be measured by the fair market value of the item if it is no longer available to the rightful possessor or cannot be restored to his use in the condition in which it was taken; or the fair rental value of the item if such value is ascertainable and any damages caused by reason of the unavailability of the personal property to the owner. Damages shall be in such form and amount as is deemed just by the court.

(1) Abandoned Vehicle. Any vehicle that is parked for a period longer than thirty (30) days with either no tags or expired tags more than thirty (30) days overdue.

(2) Dangerous structure. A structure which is potentially hazardous to persons or property including, but not limited to:

a. A structure which is in danger of partial or complete collapse; or

b. A structure with any exterior parts which are loose or in danger of falling; or

c. A structure with any parts such as floors, porches, railings, stairs, ramps, balconies or roofs, which are accessible and which have collapsed, are in danger of collapsing, or are unable to support the weight of normally imposed loads.

(3) Fire Hazards. Any thing or condition which creates a fire hazard or which is a violation of the fire code.

(4) Graffiti. Any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched upon a rock, tree, wall, bridge, roadway, fence, gate, building or other natural or man-made structure in violation of 24 MLBSA § 1161.

(5) Grass and Weeds. Grass or weeds in a yard surrounding a residence which have grown to a height of twelve (12) or more inches.

(6) Hazards. Any thing or condition on property which may contribute to the injury of any person present on the property, including, but not limited to, open holes, open foundations, open wells, dangerous trees or limbs, abandoned refrigerators or trapping devices.

(7) Health Hazards. Any thing or condition which creates a health hazard or which is a violation of any health or sanitation law.

(8) Insects, rodents and pest harborage. Conditions that are conducive to the presence, harborage or breeding of insects, rodents or other pests, provided that beekeeping and equipment and devices used for beekeeping shall not be considered under this Ordinance.

(9) Loud Music. Any music emitted from any car, house or music player so as to create a disturbance to the neighbors or community members between the hours of 10:00 p.m. and 8:00 a.m.

(10) Refuse, noxious substances, hazardous wastes. Refuse, noxious substances or hazardous wastes laying, pooled, accumulated, piled, left, deposited, buried or discharged upon or in, or being discharged or flowing from, any property, structure or vehicle, except for:

a. Refuse deposited at places designated and provided for that purpose and in compliance with 11 MLBSA § 1005 or other applicable law.

b. Refuse stored in accordance with this Ordinance and 11 MLBSA §§ 1002-1007 or other applicable law, or vehicle parts stored in an enclosed structure.

c. Compost piles established and maintained for gardening purposes.

(11) Uncontrolled Party. Any social gathering that creates a disturbance so as to disrupt the peacefulness of the neighborhood or community due to loud noises and/or fights or other obnoxious behavior.

(1) Attractive Nuisance means any thing or condition located on property that could reasonably be viewed as attracting children to enter into or onto the property, thing or condition to play, and which pose a risk of injury or death to such children.

(2) Band Lands means lands owned by or held in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians, or one or more members of the Mille Lacs Band of Ojibwe Indians, and subject to the jurisdiction of the Mille Lacs Band.

(3) Enforcement Officer means any officially designated Mille Lacs Band Housing Authority representative, Community Development representative, Health & Human Services representative, Tribal Police Officer or Department of Natural Resources warden or official.

(1) Order. An Enforcement Officer shall serve a written order upon the party believed to be responsible for creation of the nuisance, if known, and upon the Owner and Tenant of the property on which the nuisance is located (if different from the person believed to be responsible for creation of the nuisance). The Enforcement Officer may also serve the written order upon any other known party to the nuisance. The order shall contain the following:

a. A full and complete street address or a real estate description sufficient to identify the location of the nuisance.

b. A description of the nuisance and the remedial action required to abate the nuisance.

c. The abatement deadline, to be determined by the Enforcement Officer, allowing a reasonable time for the performance of any act required.

d. A statement that the order may be appealed and a hearing in the Court of Central Jurisdiction obtained by filing a written request for hearing with the Court Clerk prior to the abatement deadline designated in the order.

e. A statement that, if the remedial action is not taken nor a request for a hearing filed with the Court Clerk within the time specified, the Mille Lacs Band will abate the nuisance and charge all costs incurred therein against the person responsible for creation of the nuisance or the Owner or Tenant of the property on which the nuisance is located.

(2) Setting Hearing Date. In the event that a request for hearing is filed, the Court Clerk shall schedule the matter for hearing. In all instances, the Court Clerk shall set the hearing no longer than sixty (60) days from the filing of the request for hearing.

(3) Notice of Hearing Date. In the event a request for hearing is filed with the Court of Central Jurisdiction, the Court Clerk shall mail a notice of the date, time, place and subject of the hearing to the owner, tenant and/or known responsible parties. The Court Clerk shall also mail the notice to the District Community Center where the nuisance is located requesting that it be posted. The Court Clerk shall also notify the Enforcement Officer and the Solicitor General's Office.

(4) Hearing. If the Court ruling requires abatement, an Order shall be issued to fix a time when the nuisance must be abated and shall provide that, if the nuisance is not abated within the time specified, the Mille Lacs Band may abate the nuisance and assess the costs of the abatement to the person found responsible for the nuisance.

(5) Abatement. If the remedial action is not taken nor an appeal filed within the time specified, the Mille Lacs Band may abate the nuisance.

(6) Fines. Any person subject to the jurisdiction of the Mille Lacs Band who creates, allows or is responsible for a nuisance within the meaning of this Ordinance shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, such person is found guilty of such charge, a fine may be imposed up to a maximum amount of $1,000.00.

(1) Order. The Mille Lacs Band may order emergency abatement by an administrative order to be signed by the Mille Lacs Band Commissioner of Community Development, Housing Authority Executive Director, Chief of Tribal Police, Commissioner of Health & Human Services, Commissioner of Administration, Assistant Commissioner of Administration, or their officially designated representative ("Responsible Official"). The Order must describe the nuisance, identify its location, summarize the bases on which the Enforcement Officer determined that an emergency abatement was appropriate under this section, and set forth the concurrence of the Responsible Official in that determination. Upon issuance of the Order, the Band will abate the nuisance in accordance with the Order, and an Enforcement Officer will serve a copy of the Order upon the party believed to be responsible for creation of the nuisance, if known, and upon the Owner and Tenant of the property on which the nuisance is located (if different from the person believed to be responsible for creation of the nuisance).

(2) Notice of Abatement. Following an emergency abatement, the Responsible Official shall file the administrative order with the Court of Central Jurisdiction and request that a hearing be scheduled before the Court following notice to the party believed to be responsible for the creation of the nuisance, if known, and to the Owner and Tenant of the property on which the nuisance is located (if different from the person believed to be responsible for creation of the nuisance). The notice shall attach a copy of the administrative order and shall contain:

a. a description of the nuisance;

b. the action taken;

c. the reasons for immediate action;

d. the costs incurred in abating the nuisance; and

e. the date, time and place of the hearing.

(3) Hearing. At the time of the hearing, the Court shall hear from the Enforcement Officer, the Responsible Official, and Commissioner or any other person who wishes to be heard regarding their personal knowledge of the nuisance.

(4) Fines and Assessments. Any person subject to the jurisdiction of the Mille Lacs Band who creates, allows or is responsible for a nuisance abated under this section shall be guilty of a civil misdemeanor. If, by a preponderance of the evidence, such person is found guilty of such charge, a fine may be imposed up to a maximum amount of $1,000.00. In addition, if the Band proves by a preponderance of the evidence that the emergency abatement was appropriate under this section, the Court of Central Jurisdiction may levy an assessment for costs incurred by the Band in abating the nuisance.

(a) Libel. Libel is a false and unprivileged publication by writing, printing, picture, or other presentation to the eye which exposes any person to hatred, contempt, ridicule, or exposure to abuse, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.

(b) Slander. Slander is a false and unprivileged oral statement other than libel, which:

(1) Charges any person with crime, or with having been indicted, convicted, or punished for crime;

(2) Imputes to him the present existence of an infectious, contagious or repulsive disease;

(3) Tends directly to injure him in respect to his office, profession, trade, or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profit.

(4) Imputes to him sexual misconduct.

(a)(1) Fairness or fair comment as used in this section means that the statement was made, in part, at least, for the purpose of giving the public the benefit of comment which it is entitled to have rather than for the ulterior motive of causing harm to the plaintiff.

(2) The term malice or malicious as used in this section means the communication was made intentionally, with evil intent and without just cause or excuse; made for the purpose of annoying or injuring another. Malice may be inferred from proof that the defendant had knowledge of the falsity of the statement and/or acted with reckless disregard of whether the statement was true or false.

(b) No one can be held liable for a written or oral communication which is privileged.

(1) Absolute privilege: Any communication made in the course of legislative and judicial proceedings or, communications made in the discharge of a duty by an officer of government under authority of law is absolutely privileged and cannot be the subject of a defamation complaint so long as the communication is within the scope of the legislative, judicial, or executive proceedings of government.

(2) Qualified privilege: Communications made without malice and with honest belief in the truthfulness of the statement, is privileged in the following circumstances:

(A) A response to a legitimate inquiry;

(B) Communications regarding family or household matters;

(C) Communications regarding school matters;

(D) Communications regarding activities in organizations and societies;

(E) Communications between church members or members of cultural societies regarding the organizational or administrative matters of such societies;

(F) Statements made in an honest endeavor to protect one's reputation;

(G) Communications in aid of law enforcement;

(H) Communications to public authorities by a private person;

(I) Any petition for redress of grievance addressed to government;

(J) Any comment on a matter of public interest and concern, so long as the comment is fair, made for a bona fide public purpose and not malicious.

(K) Any communication dealing with political matters, public officers and candidates for office, so long as they are fair and not made maliciously.

(a) It was made as a statement of fact, not mere opinion;

(b) It was untrue and known to be untrue by the party making it or else recklessly made;

(c) That it was made with the intent to deceive and for the purpose of inducing the other party to act upon it;

(d) That the plaintiff was reasonably entitled to rely upon said statement and did so;

(e) That he was thereby induced to act upon the statement; and;

(f) He suffered injury or damage.

(a) The defendant was under a duty to the plaintiff to use ordinary care;

(b) The defendant breached that duty;

(c) The breach caused the plaintiff's injury; and

(d) The plaintiff sustained actual loss or damage.

(a) Tends to harm the good health of the community by producing physical or moral degradation;

(b) Raises fears and apprehension in the community.

(a) No elected official or employee of the Mille Lacs Band of Chippewa Indians shall be subject to a lawsuit for money damages for actions taken in the course of their official duties or in the reasonable belief that such actions were within the scope of their official duties; unless, in the case of a Band employee who does not hold elected office, it is established that such action was taken with malicious intent and in bad faith.

(b) Any employee or appointee to a position in the civil service of the Mille Lacs Band of Chippewa Indians who shall act in a manner consistent with their statutory authority shall be immune from any civil cause of action in any court of competent jurisdiction. Burden of proof shall rest upon the complainant.

(a) The Band assembly hereby finds and determines that the purpose of this chapter is to protect all persons under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians through the development of various measures which define in writing acceptable and non-acceptable behaviors or omissions in the behavior of those persons who are enrolled members and other Indians under the jurisdiction of the Non-Removable Mille Lacs Band of Chippewa Indians and to provide equal justice to all who may come before the Court of Central Jurisdiction charged with a criminal offense.

(b) The Band Assembly hereby finds that the public safety and welfare of all persons under the jurisdiction of the Band will be enhanced by preventing the commission of crime through the deterring effect of the sentences authorized when the public safety and interest requires.

(c) The Band Assembly hereby finds that the Court of Central Jurisdiction shall be authorized to exercise its inherent jurisdiction in three types of legal matters:

(1) Civil litigation.

(2) Criminal litigation.

(3) Unwritten cultural law litigation.

(d) Notwithstanding anything to the contrary, the provisions of this chapter shall be construed according to the fair import of its terms, to promote justice, and to effect its purpose, in the best interest of enhancing the customs and sovereign right of the people of the Non-Removable Mille Lacs Band of Chippewa Indians which are hereby declared.

(a) Acts--Has its usual and ordinary grammatical meaning and includes any bodily movement, and form of communication where relevant, includes a failure or omission to take action.

(b) Bodily Harm--Means physical pain, illness or any impairment of physical condition and includes mental illness or impairment.

(c) Deceit--Means a person knowingly and intentionally causes harm or damage to another by:

(1) Creating or confirming in another an impression which is false and which the offender does not believe to be true; or

(2)Failing to correct a false impression which the offender previously has created or confirmed; or

(3) Preventing another from acquiring information pertinent to the disposition of the property involved; or

(4) Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property whether such impediment is or is not of value or is not a matter of official record; or

(5) Promising performance which the offender does not intend to perform or know will not be performed. Failure to perform standing alone is not evidence that the offender did not intend to perform.

(d) Deprive--Means to knowingly and intentionally withhold the property of another, permanently or for such a period as to appropriate a portion of the value or with the purpose to restore it only upon payment of reward or other compensation.

(e) Enter or remain unlwafully--A person who knowingly and intentionally enters or remains unlawfully in or upon any vehicle, or occupied structure or premises when he/she is not licensed, invited or otherwise privileged to do so. A person who enters or remains upon land does so with privilege unless notice is personally communicated to him by an authorized person, or unless such notice is given by posting in a conspicuous manner.

(f) Gross Negligence--A person acts with gross negligence whenever there is an intentional failure to perform a duty in reckless disregard of the consequences; such a gross wanter of care and regard for the rights of others as to justify the presumption of willfulness and wantonness.

(g) Intentionally--A person acts intentionally when his/her acts are willful and on purpose.

(h) Knowingly--A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense, when he/she is aware of his/her conduct or that the circumstance exists. When knowledge of the existence of a particular fact is aware of high probability of its existence. Equivalent terms such as "knowing" or "with knowledge" have the same meaning.

(i) Minor--For purposes of this section, a minor shall be considered any person less than eighteen (18) years of age.

(j) Obtain--Means a person knowingly and intentionally in relation to property, to bring about transfer of interest or possession, whether to the offender or to another and in relation to labor of services, to secure the performance thereof.

(k) Occupied Structure--Means any building, vehicle or other place suited for human occupancy or night lodging of person or for carrying on business, whether or not a person is actually present. Each unit of a building consists of two (2) or more units separately secured or occupied is a separate occupied structure.

(l) Offender--Means a person who has been or is liable to be arrested, charged, convicted or punished for a public offense.

(m) Owner--Means a person, other than the offender, who has possession of or any other interest in the property involved, even though such interest or possession is unlawful and without whose consent the offender has no authority to exert control over the property.

(n) Person--Includes an individual, business association, partnership, corporation, government, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof.

(o) Possession--Is the knowing control of anything for a sufficient time to be able to terminate control.

(p) Premises--Includes any type of structure or building and any real property.

(q) Property--Means anything of value. Property includes, for example, but is not limited to real estate, money, commercial instruments, written instruments representing or embodying rights concerning anything of value, labor or services, or otherwise of value to the owner, things growing on or affixed to, or found on land, or part of, or affixed to any building, birds, animals and fish, which ordinarily are kept in a state of confinement, etc.

(r) Property of Another--Includes property in which the offender himself/herself may have an interest, but does not have the authority to impair or defeat the interest of the other person in the property.

(s) Public Places--Means any place to which the public or any substantial group thereof has access.

(t) Solicit or Solicitation--Means to knowingly and intentionally command, authorize, urge, incite, request, or advise another to commit an offense.

(u) Tamper--Means to knowingly and intentionally interfere with something improperly, meddle with it, make unwarranted alternation in its existing condition, or deposit refuse upon it.

(v) Threat--Means a menace, however communicated, to knowingly and intentionally:

(1) Inflict physical harm on the person threatened or by any other person or on property; or

(2) Subject any person to physical confinement or restraint; or

(3) Commit any criminal offense; or

(4) Accuse any person of criminal offense; or

(5) Expose any person to hatred, contempt or ridicule; or

(6) Harm the credit or business reputation of any person; or

(7) Reveal any information sought to be concealed by the person threatened; or

(8) Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or

(9) Testify or provide information or withhold testimony or information with respect to another legal claim or defense.

(w) Weapons--Means any instrument, firearm, article or substance which, regardless of this primary function, is readily capable of being used to produce death or serious bodily injury.

(a) During any period in which the offender is not usually and publicly residing within this Reservation or is beyond the jurisdiction of this Reservation; or,

(b) During any period in which the offender is a public officer and the offense charged is theft of public funds while in public office; or

(c) During a prosecution pending against one offender for the same conduct, even if the prosecution is dismissed.

(a) A person is justified in the use of force or threat to use force against another when and to the extent that he/she reasonably believes that such force is necessary to defend himself/herself or another person against another's imminent use of unlawful force or prevent other person's trespass on or tortuous or criminal interference with real or personal property which he/she or his/her family owns, possesses or has the legal duty to protect.

(b) However, a person is justified in the use of force likely to cause death or serious bodily harm only if he/she reasonably believes that such force is necessary to prevent imminent death or serious bodily injury to himself/herself or another person.

(a) A person commits the offense of attempt when he/she knowingly and intentionally with the purpose to commit a specific offense, does any act toward the commission of such offense.

(b) It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accuse to commit the offense attempted.

(c) A person convicted of the offense of attempt shall be punished not to exceed the maximum provided for the offense attempted.

(d) A person shall not be liable under this section, if under circumstance manifesting a voluntary and complete renunciation of his/her criminal purpose, he/she avoided the commission of the offense attempted by abandoning his/her criminal effort.

(e) Proof of the completed offense does not bar conviction for the attempt.