Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
Last amended: 2005
| ORDINANCE NO.: | 4-96 |
| DATE APPROVED: | June 14, 1996 |
| SUBJECT: | Civil Trespass and Loitering Ordinance of the Hoopa Valley
Tribe. |
| WHEREAS: | The Hoopa Valley Tribe adopted a Constitution and Bylaws
(Tribal Constitution) on June 20, 1972, which was approved by the Commissioner
of Indian Affairs on August 8, 1972, and ratified and confirmed by Congress
on October 31, 1988, § 8 of Pub. L. 100-580, and amended on June
19, 1990 and, by tribal law, the sovereign authority of the Tribe over
the matter described herein is delegated to the Hoopa Valley Tribal Council,
acting by law; and, |
| WHEREAS: | Article V of the Hoopa Tribal Constitution establishes the
Hoopa Valley Tribal Council as the governing body of the Tribe |
| WHEREAS: | Article IX of the Hoopa Constitution grants to the Tribal
Council the power and the duty: to administer tribal property [Section
1( a)]; and to safeguard and promote the peace and safety, morals and
general welfare of enrolled members of the Hoopa Valley Tribe [Section
1( 1)]; |
| WHEREAS: | The Tribal Council finds that the presence of transients
and persons occupying land illicitly presents a clear and present danger
to the safety and health of our Tribal members; the Tribal Council has
received numerous reports of dangerous and violent incidents traceable
to trespass and loitering; |
| WHEREAS: | The State of California prohibitions respecting trespass and
loitering are not in fact enforced; |
| WHEREAS: | The Tribal Council finds this state of affairs to constitute
an emergency sufficient to justify immediate effective legislation in conformance
with 6 Hoopa Tribal Code, Legislative Procedures Act § 6. 10.1. |
| NOW THEREFORE BE IT RESOLVED: | that it shall be a civil offense for any person within the
exterior boundaries of the Hoopa Valley Indian Reservation to trespass or
loiter on Tribal, residential or business property, trust or fee; |
| BE IT FURTHER RESOLVED: | that Trespass shall be defined as entering and occupying real
property or structures of any kind absent the written consent of the owner,
the owner's agent or a person in lawful possession; |
| BE IT FURTHER RESOLVED: | that Loitering shall be defined as accosting other persons
in a public place, prowling, or wandering on roads or in public places in
circumstances such as to indicate to a reasonable person that the public
safety requires that they identify themselves and account for their presence
and they refuse to do so when requested by a Tribal Police Officer; |
| BE IT FURTHER RESOLVED: | that the Tribal Police are authorized to issue a civil citation
to persons found to be trespassing or loitering, requiring their appearance
in Tribal Court; and |
| BE IF FINALLY RESOLVED: | that the Tribal Council shall have jurisdiction to find persons to have committed civil trespass or loitering, subjecting them to a fine not in excess of $2000 or community service requiring cleaning and beautification of the Hoopa Valley Indian Reservation, minimum 8 hours, or both. |
CERTIFICATION
| I, the undersigned, as Chairman of the Hoopa Valley Tribal Council, do hereby certify that the Hoopa Valley Tribal Council is composed of eight (8) members of which eight (8) were present, constituting a quorum of regular meeting thereof; duly and regularly called, noticed convened and held on this 14th day of June, 1996; that this Ordinance was adopted by a vote of seven (7) in favor, none (0) opposed and none (0) abstaining, and that said Ordinance has not been rescinded or amended or modified in any way. Dated this 14th day of June 1996. |
|
| ___________________________________ Dale Risling Sr., Chairman Hoopa Valley Tribal Council |
|
| Attest:____________________________ |
|