A.
Jurisdiction is hereby conferred upon the Tribal Court over prosecutions
for criminal violations and civil infractions of this chapter.
B.
Violations of this chapter shall be treated in the following manner:
(1)
Violations resulting from intentional or reckless conduct, shall constitute criminal violations of this chapter if committed by a member, any other Indian, or any other person to the extent that such jurisdiction is permitted by federal law. The Court may impose criminal penalties in accordance with § 8.12-34 of this chapter and the Schedule of Offenses adopted by the Tribal Council.
(2)
Violations shall constitute civil infractions of this chapter if committed by any person over whom the Tribe has jurisdiction, including persons over whom the Tribe is not permitted by federal law to exercise criminal jurisdiction. Such violations shall be punishable by a civil fine in accordance with the limitations prescribed in § 8.12-33 and the procedures described in §§ 8.12-31 and 8.12-32 for such civil infractions in accordance with § 8.12-33 of this chapter and a Schedule of Fines adopted by the Tribal Council from time to time.
(3)
In addition to any penalty imposed by the Tribal Court, the
Court, upon conviction, shall order payment of court fees and costs
in the amount determined by the Tribal Court.
Any tribal police officer, including law enforcement officers
authorized to enforce tribal law, who has probable cause to believe
that a person has committed an act in violation of this chapter, may
issue a citation to the person.
Tribal police shall personally deliver the citation for violation
to the alleged violator of this chapter.
A.
In issuing a citation for chapter violations, tribal police shall:
(1)
Make a personal investigation to determine whether the tribal
police have reasonable cause to believe that the suspect has committed
a civil infraction in violation of this chapter.
(2)
The tribal police, upon making the determination that a violation
exists, shall issue a notice to the person that has committed a violation
of this chapter and shall establish a reasonable time period within
which that person must correct the violation. Such time period shall
not exceed thirty (30) days.
(3)
The tribal police do not have to provide a person with a reasonable
time period to correct the violation prior to issuing a citation and
may immediately issue a citation if there exists reason to believe
that the violation represents a serious threat to the public health,
safety or welfare, or if the violation is irreparable or reversible.
(4)
If upon personal investigation the officer finds that the person
has not corrected the violation within the notice's time period,
a citation to the person who has committed the violation may be issued.
B.
After issuing a citation to an alleged violator, the original white
citation shall be deposited with the Clerk of the Court. The NHBP
Tribal Police Department shall receive the yellow copy of the citation.
The violator shall be given the goldenrod copy of the citation and
the pink copy of the citation in the event of multiple violations.
C.
If the person elects not to contest the citation, the person shall
pay the applicable civil penalty to the Clerk of the Tribal Court
within thirty (30) days after issuance of the citation.
D.
If the person elects to contest the citation, the person shall request
a hearing through the Clerk of the Tribal Court within thirty (30)
days after issuance of the citation. The Clerk shall schedule a hearing
in the Tribal Court and shall provide written notice of the hearing
to the person and the officer.
E.
If the person fails to pay the civil penalty within the time allowed,
or fails to appear in Court to contest the citation, he shall be deemed
to have waived his right to contest the citation, and judgment may
be entered against the person for an amount up to the maximum civil
penalty.
F.
Proceedings before the Tribal Court shall be nonjury proceedings.
G.
All animal control proceedings shall be heard at the NHBP Tribal
Court located at 2221 1 1/2 Mile Road, Fulton, MI 49052, unless
otherwise provided by law.
H.
A failure to pay a fine, penalty or fee assessed by the Tribal Court
or elected by the violator shall be a violation of this chapter and
shall be punished. A bench warrant for arrest or a summons to appear
in Court may be issued for a failure to appear or to schedule a hearing
by the Tribal Court Judge.
I.
Mandatory court appearances are required for violations after issuance
of a third or subsequent citation to a person in any eighteen-month
period. The citation must clearly inform the person of the mandatory
nature of the court appearance. The Department must maintain records
regarding the number of previous citations to the person in the eighteen-month
period. Such persons do not have the option of paying a civil fine
in lieu of the appearance at court, and will be in contempt of court
if they do not appear.
J.
An animal control notice left upon a property in an attempt to notify
an owner or owner's agent of an existing violation of the animal
control laws shall be responded to by telephone or in person to the
Tribal Police Department within twenty-four (24) hours from the time
registered on the notice. Failure to do so will result in the impoundment
of the animal or animals involved in the violation. If the animal
or animals involved in the violation are in a structure or a fenced-in
area, such animal or animals shall be impounded upon issuance of a
warrant if there is no response to the notice within twenty-four (24)
hours.
