WHITE EARTH RESERVATION TRIBAL COUNCIL
RESOLUTION NO. 001-98-017
WHEREAS, The White Earth Reservation Tribal Council is the duly elected
governing body of the White Earth Reservation, and;
WHEREAS, The White Earth Band of Chippewa Indians enact in their inherent
traditional powers the authority of the Minnesota Chippewa Tribal Constitution,
Article 1, Section 3.
NOW THEREFORE BE IT RESOLVED THAT, the White Earth Reservation Tribal
Council hereby adopts the following trespass law in order to protect its enrolled
members and tribal employees within the boundaries of the White Earth Reservation:
Trespass
Section 1. Misdemeanor.
(a) The following terms have the meanings given them for purposes
of this Section:
- "Premises" means real property and any appurtenant building or structure.
- "Dwelling" means the building or part of a building used by an individual
as a place of residence on either a full-time or a part-time basis. A
dwelling may be part of a multidwelling or multipurpose building, or a
manufactured home.
- "Construction site" means the site of the construction, alteration,
painting, or repair of a building or structure.
- "Owner or lawful possessor" as used in paragraph (b),clause (9), means
the person on whose behalf a building or dwelling is being constructed,
altered, painted or repaired and the general contractor or subcontractor
engaged in that work.
- "Posted" as used in clause (9), means the placement of a sign at least
eleven inches (11") square in a conspicuous place on the exterior of the
building that is under construction, alteration, or repair and additional
signs in at least two conspicuous places for each ten acres being protected.
The sign must carry an appropriate notice and the name of the person giving
the notice followed by the word "owner" if the person giving the notice
is the holder of legal title to the land on which the construction site
is located or by the word "occupant" if the person giving the notice is
not the holder of legal title but is a lawful occupant of the land.
- "Business licensee" as used in paragraph (b), clause (9), includes a
representative of a building trades labor or management organization.
- "Building" means a structure suitable for affording shelter for human
beings including any appurtenant or connected structure.
(b) A person is guilty of a misdemeanor if the person intentionally:
- permits domestic animals or fowls under the actor's control to go on
the land of another within a lakeshore, village or platted area in the
White Earth Reservation;
- interferes unlawfully with a monument, sign, or pointer erected or marked
to designate a point of a boundary, line or a political subdivision, or
of a tract of land;
- trespasses on the premises of another and, without claim of right, refuses
to depart from the premises on demand of the lawful possessor;
- occupies or enters the dwelling or locked or posted building of another,
without claim of right or consent of the owner or the consent of one who
has the right to give consent, except in an emergency situation;
- enters the premises of another with intent to take or injure any fruit,
fruit trees, or vegetables growing on the premises, without the permission
of the owner or occupant;
- enters or is found on the premises of a public or private cemetery without
authorization during hours the cemetery is posted as closed to the public;
- returns to the property of another with the intent to abuse, disturb,
or cause distress in or threaten another, after being told to leave the
property and not to return, if the actor is without claim of right to
the property or consent of one with authority to consent;
- returns to the property of another within 30 days after being told to
leave the property and not to return, if the actor is without claim of
right to the property or consent of one with authority to consent;
- enters the locked or posted construction site of another without the
consent of owner or lawful possess or unless the person is a business
licensee; or
- enters any tribally owned or leased building, office, work environment
or workplace such is locked, closed,. or not open to the public or after
being told to leave and not return.
A misdemeanor under this law is punishable by a $1000.00 fine and/or 30 days
in jail.
Section 2. Gross Misdemeanor.
Whoever trespasses upon the grounds of a facility providing emergency shelter
services for battered women or a facility providing transitional housing for
battered women and their children, without claim of right or consent of one
who has right to give consent, and refuses to depart from the grounds of the
facility on demand of one who has right to give consent, is guilty of a gross
misdemeanor.
A gross misdemeanor under this law is punishable by a $2500.00 fine and/or
60 days in jail.
Section 3. Trespasses on School Property.
(a) It is a misdemeanor for a person to enter or be found in
a public or nonpublic elementary, middle, or secondary school building unless
the person:
- is an enrolled student in, a parent or guardian of an enrolled student
in, or an employee of the school or school district;
- has permission or an invitation from a school official to be in the
building;
- is attending a school event, class, or meeting to which the person,
the public, or a student's family is invited; or
- has reported the persons presence in the school building in the manner
required for visitors to the school;
(b) It is a gross misdemeanor for a group of three or more persons
to enter or be found in a public or nonpublic elementary, middle, or secondary
school building unless one of the persons:
- is an enrolled student in, a parent or guardian of an enrolled student
in, or an employee of the school or school district;
- has permission or an invitation from a school official to be in the
building;
- is attending a school event, class, or meeting to which the person,
the public, or a student's family is invited; or
- has reported the persons presence in the school building in the manner
required for visitors to the school;
(c) It is a misdemeanor for a person to enter or be found on
school property within six months after being told by the school principal
or the principal's designee to leave the property and not to return, unless
the principal or the principal's designee has given the person permission
to return to the property. As used in this paragraph, "school property"
means any property owned, leased, or controlled by a school district or
an organization operating a nonpublic school, where an elementary, middle,
secondary school, secondary vocational center or other school is providing
educational services or used for extracurricular or cocurricular activities
or the area within a school bus when that bus is being used to transport
one or more elementary or secondary students.
(d) A school principal or a school employee designated by the
school principal to maintain order on school property, who has reasonable
cause to believe that a person is violating this Section may detain the
person in a reasonable manner for a reasonable period of time pending the
arrival of a peace officer. A school principal or designated school employee
is not civilly or criminally liable for any action authorized under this
paragraph if the person's action is based on reasonable cause.
(e) A peace officer may arrest a person without a warrant if
the officer has probable cause to believe the person violated this Section
within the preceding four hours. The arrest may be made even though the
violation did not occur in the peace officer's presence.
We do hereby certify that the foregoing resolution was duly enacted upon by
a vote of 3 for, 0 against, 0 silent, a quorum being
present at a meeting held on June 26, 1998, at White Earth, Minnesota.
/s/
John Buckanaga, Acting Chairperson
/s/
Erma Vizenor, Secretary-Treasurer