CHAPTER 1 GENERAL PROVISIONS
1.1 Authority
This Off-Road Vehicle Ordinance ("Ordinance") is enacted under the inherent sovereign authority of the Shakopee Mdewakanton Sioux Community General Council, as the governing body of the Shakopee Mdewakanton Sioux Community, and pursuant to Article III,§ l(h) of the Constitution of the Shakopee Mdewakanton Sioux Community, and as recognized by the United States under Section 16 of the Indian Reorganization Act of 1934, 25 U.S.C. § 476.
1.2 Purpose
The purpose of this Ordinance is to protect the health, safety, and welfare of the residents of and visitors of the Shakopee Mdewakanton Sioux Community Reservation by establishing minimum standards for safe operation of Off-Road Vehicles within the boundaries of the Shakopee Mdewakanton Sioux Community Reservation.
1.3 Territorial Applicability
A. This Ordinance shall apply to all Community Members and licensed non-members who operate Off-Road Vehicles on the trust and Reservation lands of the Shakopee Mdewakanton Sioux Community;
B. This Ordinance shall apply to Community Members who operate Off-Road Vehicles on Community non-trust or non-reservation land; and
C. Any non-member who operates Off-Road Vehicles on trust, Reservation lands, non-trust or non-reservation land shall be subject to the exclusion powers of the Community and the trespass and fish and game laws of the State of Minnesota.
1.4 Designation of Tribal Lands
A. The Business Council is delegated authority to designate tribal lands that may be used for the operation of Off-Road Vehicles. The use of Off-Road Vehicles on Community lands is permitted only on lands designated for such use. Using Off-Road Vehicles on Community lands that are not designated for such purposes will be issued a civil trespass ticket according to Section 3.8 of this Ordinance.
B. By designating lands for a certain use, the Community does not: extend any assurance that the land is safe for any purpose; confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or assume responsibility for or incur liability for any injury to a person or property.
1.5 Nonwaiver of Immunity
Nothing in this Ordinance shall be construed to constitute a waiver of the sovereign immunity of the Community, or any of its officers, employees, or agents administering or enforcing this Ordinance, except as provided for in this Ordinance or by a duly enacted resolution. Nothing in this Ordinance shall subject the Community to liability for damages or other relief resulting from enforcement of this Ordinance, reliance upon it, or conformance to it, except as provided for in this Ordinance or by a duly enacted resolution. Providing a license pursuant to this Ordinance or excluding specific activities shall not subject the Community to liability for damages or other relief resulting from the actions of a licensee or another person.
1.6 Inclusion of Language from Other Laws
The inclusion of language, definitions, procedures, or other statutory or administrative provisions from other tribal jurisdictions, the State of Minnesota, or other state or federal entities in this Ordinance shall not be deemed an adoption of that law by the Community or its courts and shall not be deemed an action deferring to state or federal jurisdiction by the Shakopee Mdewakanton Sioux Community where such state or federal jurisdiction does not otherwise exist.
1.7 Computation of Time
Time periods in this Ordinance shall be computed according to the following rules: exclude the day of the event that triggers the period; count every day, including intermediate Saturdays, Sundays, and legal holidays; and include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
1.8 Interpretation
The provisions of this Ordinance shall be interpreted and applied as minimum standards applicable to the use of All-Terrain Vehicles on Community lands.
1.9 Severability
If the Tribal Court finds any provision of this Ordinance to be invalid or illegal under applicable Community or federal law, such provision shall be severed from this Ordinance. The remainder of the Ordinance shall remain in full force and effect.
CHAPTER 2 DEFINITIONS
2.1 Definitions
The terms used in this Ordinance shall have the following meanings:
A. "All-Terrain Vehicle" or "ATV" shall mean a motorized vehicle with: 1.) not less than three, but no more than six low pressure or non-pneumatic tires; 2.) a total dry weight of 2,000 pounds or less; and 3.) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle does not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.
B. "Business Council" means the elected officers of the Shakopee Mdewakanton Sioux (Dakota) Community as defined in Article III of the Community Constitution.
C. "Community" shall mean the Shakopee Mdewakanton Sioux Community.
D. "Community Member" shall mean an enrolled member of the Shakopee Mdewakanton Sioux Community.
E. "Community-authorized officer" shall mean any officer of a federal, state, or local government with which the General Council has authorized an agreement for the purposes of enforcing the provisions of this Ordinance.
F. "Go-cart" means a low, four-wheeled motorized device with an open or closed frame designed and used for off-street operations only.
G. "General Council" shall mean the governing body of the Shakopee Mdewakanton Sioux Community.
H. "Motorized Golf Cart" shall mean a self-propelled vehicle of the type and style designated for and commonly used by patrons of golf courses, including three or four wheeled vehicles specifically designed for handicap mobility equipped with the proper slow-moving vehicle signage and rearview mirrors.
I. "Off-Highway Motorcycle" or "OHM" shall mean a motorcycle, off-highway vehicle travelling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under Minnesota Chapter 168 for highway use if it is also used for off-highway operation on trails or unimproved terrain.
J. "Off-Road Vehicle" shall mean all-terrain vehicles, off-highway motorcycles, utility task vehicles, motorized golf carts, and any other motorized vehicle designed for, or capable of, cross-country travel. Off-road vehicle does not include snowmobiles.
K. "Shakopee Mdewakanton Sioux Community Reservation" or "Reservation" for purposes of this Ordinance shall include all lands within the exterior boundaries of the Shakopee Mdewakanton Sioux (Dakota) Community Reservation; all trust lands held by the United States for the Community; and all Community-owned fee lands.
L. "Tribal Court" shall mean the Shakopee Mdewakanton Sioux Community Tribal Court.
M. "Utility Task Vehicle" or "UTV" shall mean a side-by-side, four-wheel drive, off-road vehicle that has four or six wheels, is propelled by an internal combustion engine or a lithium-ion battery or similar technology and has a total dry weight of less than 3,000 pounds.
CHAPTER 3
AUTHORIZATION AND LIMITATIONS
3.1 Types of Off-Road Vehicles Authorized
Only Off-Road Vehicles that are defined pursuant to Chapter 2 of this Ordinance as an ATV, UTV, OHM, or Motorized Golf Cart may be operated by individuals on Community lands. Off Road Vehicles that do not fall within the aforementioned definitions may not be operated on Community lands.
3.2 Off-Road Vehicle Use Permitted only on Specific Tribal Lands
Off-Road Vehicles that fit within the defined as an ATV, UTV, OHM, or Motorized Golf Cart may be operated on Community lands only:
A. On the residential land assignment held by the Community Member who owns the Off-Road Vehicle;
B. On a residential land assignment of another Community Member with that member's permission or;
C. On Community land designated for Off-Road Vehicle use by the Business Council.
A violation of this Section shall be a Class B Off-Road Vehicle Offense.
3.3 General Operating Requirements
Any individual operating an Off-Road Vehicle shall operate it in a reasonable and safe manner and shall obey all applicable Community, Federal and State traffic, safety, and criminal laws, as well as all applicable rules and regulations. Operation of ATVs or off-highway motorcycles on any other Community land, including but not limited to Community roads and rights-of-way, is strictly prohibited.
3.4 Exception for Tribal Government Use
Off-Road Vehicles used for proper governmental purposes, by the SMSC and its enterprises for official tribal purposes, or as expressly permitted for limited purposes by the Business Council is not prohibited.
3.5
ATV Safety Training Requirements
A. The Business Council shall require the development of a training program or shall contract with an outside entity to provide ATV Safety Training for Community Members that includes an independent study component and a hands-on operation component.
B. An individual who was born after July 1, 1987, and who is 12 years of age or older, must successfully complete the independent study course component of All-Terrain Vehicle Safety Training before operating an Off-Road Vehicle on Community lands.
C. Individuals between the ages of 12 and 16 must successfully complete the independent study course component and attend a hands-on ATV Field Course before operating an Off-Road Vehicle on Community lands.
D. A violation of this provision shall be a Class C Off-Road Vehicle Offense.
3.6 Age Restrictions
Persons less than eighteen (18) years of age shall only operate Off-Road Vehicles as set forth below:
A. Under 12 years of age. An individual under the age of twelve (12) years may not operate an Off-Road Vehicle unless such operation satisfies the requirements of this Ordinance and: such operation is limited an ATV or OHM as defined by this Ordinance that is specifically designed for use by children; such operation is directly supervised by a person over the age of eighteen (18); and such operation is limited to a residential land assignment or the Community's ATV track.
B. 12 to 14 years of age. An individual between the ages of twelve (12) and (14) years may not operate an Off-Road Vehicle unless such operation satisfies the requirements of this Ordinance and: the individual has satisfactorily completed an ATV Safety Course recognized by the Community or State of Minnesota; the individual is accompanied by a person over the age of eighteen (18), if such operation occurs on lands designated for such use by the Business Council; the individual may operate an ATV or OHM without being accompanied by a person over the age of eighteen (18) on the lands assigned to the Community Member's family, if such operation is limited to a residential land assignment.
C. 14-18 years of age: An individual between the ages of fourteen (14) and (18) years may not operate an Off-Road Vehicle unless such operation satisfies the requirements of this Ordinance and the individual has satisfactorily completed an ATV Safety Course recognized by the Community or State of Minnesota.
D. Operation of UTVs and Motorized Golf Carts: An individual between the ages of fourteen (14) and sixteen (16) may operate a UTV or Motorized Golf Cart only if they are accompanied in the vehicle by an individual over the age of eighteen (18). Individuals over sixteen (16) years of age may operate UTVs and Motorized Golf Carts without additional supervision provided that they have a driver's license and ATV Safety Certification.
E. Operation of Go-carts. An individual may operate a Go-cart provided that such operation is limited to operation on a residential land assignment held by the Community Member or the Community Member's family.
F. A violation of this provision shall be a Class C Off-Road Vehicle Offense.
G. Parents Jointly and Severally Liable. Parents or legal guardians shall be jointly and severally liable for acts of children who are under the age of eighteen (18) that result in fines, damages, or costs associated with violations of this Ordinance.
3.7 Helmet and Seat Belt Requirements
A. A person less than eighteen (18) years of age shall not ride as a passenger or as an operator on any ATV, UTV, or OHM unless that person is wearing a safety helmet.
B. A person less than eighteen (18) years of age shall not ride as a passenger or as an operator of a UTV unless the person is wearing a seat belt as provided by the manufacturer.
C. A violation of this provision shall be a Class C Off-Road Vehicle Offense.
3.8 Trespass Related to Off-Road Vehicle Use
A. Civil Trespass. A person commits civil trespass while operating an Off-Road Vehicle if the person:
1. Enters, occupies, or operates on Community lands without valid permission or after permission has been expressly denied or revoked;
2. Enters or occupies a tribal land assignment without the express permission of the assignment holder or after such permission has been expressly denied or revoked;
3. Refuses to leave land to which the person has no reasonable claim or right of possession when requested to do so;
4. Tramples, destroys, or injures any wood, timber, plant, vegetation, or standing crop on Community lands or tribal land assignments or carries away any wood, timber, plant, vegetation, or crop of another;
5. Opens, damages, renders inoperable, or destroys a fence, or gate on enclosed land of another;
6. Destroys or injures land, waters, livestock, poultry, buildings, equipment, or any property of the Community or another.
B. Classes of Violations. A trespass violation shall be a Class C Off-Road Vehicle Offense except as provided below:
1. A trespass violation shall be a Class B Off-Road Vehicle Offense if the individual causes over $500.00 in property damage to the Community or an assignee, lessee, or sublicensee.
2. A trespass violation shall be a Class A Off-Road Vehicle Offense if the individual causes over $1,500.00 in property damage to the Community or an assignee, lessee, or sublicensee.
3. Trespass violations shall be subject to escalating enforcement provisions. If an individual was found civilly liable for the same violation within the past three (3) years, the new violation shall be escalated and the individual will be issued a citation for the next Class of Offense up.
C. Civil Fines and Penalties. Civil fines and penalties for trespass violations may include:
1. Civil fines as set forth in Section 4.5 of this Ordinance;
2. Treble damages, payable to the Community or an assignee, licensee, lessee, or sublessee, for any violation listed in Section 3.8(A) that results in damage, injury, or loss of real or personal property;
3. Payment of costs associated with replacement, rehabilitation, reforestation, replanting, lost future revenue or lost profits, loss of productivity, or damage to resources for any violation listed in Section 3.8(A) that results in damage, injury, or loss of real or personal property;
4. Payment of all reasonable costs associated with the enforcement of these trespass provisions beginning with detection and including all processes through the prosecution and collection of damages, including but not limited to field examination and survey, damage appraisal, investigation assistance and reports, witness expenses, demand letters, court costs, and attorney fees.
D. Private Cause of Action. Any person whose property is damaged may bring a private cause of action against an individual in Tribal Court for trespass. The party bringing the suit must prove, by a preponderance of the evidence, that another party engaged in activity that constitutes a violation of this Ordinance and caused damage to their property. If successful, the person filing suit may recover the damages and costs defined in Section 3.8(C)(2),(3), and (4) of this Ordinance.
E. Parents Jointly and Severally Liable. Parents or legal guardians shall be jointly and severally liable for acts of children who are under the age of eighteen (18) that result in fines, damages, or costs associated with civil trespass violations.
A. Unauthorized Vehicle. A person who operates an Off-Road Vehicle on Community lands that is not defined as an ATV, UTV, OHM, or Motorized Golf Cart in Chapter 2 of this Ordinance shall be in violation of this Ordinance. A violation of this provision shall be a Class B Off-Road Vehicle Offense.
B. Unreasonable Operation. A person who operates an Off-Road Vehicle at a rate of speed greater than reasonable or proper under all the surrounding circumstances or operates an Off-Road Vehicle in an unreasonable manner shall be in violation of this Ordinance A violation of this provision shall be a Class B Off-Road Vehicle Offense. A violation of this provision that involves an injury to a minor or an injury to any person that fits within the definition of a serious injury established by the U.S. Department of Transportation shall be a Class A Off-Road Vehicle Offense.
C. Careless Use of an Off-Road Vehicle. A person who operates an Off-Road Vehicle in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto shall be in violation of this Ordinance. A violation of this provision shall be a Class B Off-Road Vehicle Offense.
D. Damaging Property. A person may not cause property damage with an Off Road Vehicle on Community lands. A violation of this provisions shall be a Class B OffRoad Vehicle Offense.
E. Operating While Under the Influence of Alcohol or Controlled Substances. A person may not operate or supervise the operation of an Off-Road Vehicle under the influence of a controlled substance or with a blood-alcohol content of .04 or higher. A violation of this provision shall be a Class A Off-Road Vehicle Offense.
F. Operating Without Appropriate Lights. A person may not operate an Off-Road Vehicle without a functioning headlight or taillights. A violation of this provision shall be a Class C Off-Road Vehicle Offense.
G. Operating Without a Helmet or Safety Equipment. A person under the age of eighteen (18) may not operate an Off-Road Vehicle without a helmet or other applicable safety equipment specified in Section 3.7 of this Ordinance. A violation of this provision shall be a Class B Off-Road Vehicle Offense.
H. Operating Outside of Operating Hours. A person may not operate an Off-Road Vehicle between the hours of 10pm and 6am. A violation of this provision shall be a Class B Off-Road Vehicle Offense.
I. Failure to Stop. After receiving a visual or audible signal from any Community authorized officer to come to a stop, it is a violation of this Ordinance for a person to operate the vehicle in disregard of such signal, interfere with or endanger the officer or any other person or vehicle; or increase his or her speed or attempt to flee or elude the Community authorized officer. A violation of this provision shall be a Class B Off-Road Vehicle Offense.
J. Parents Jointly and Severally Liable. Parents or legal guardians shall be jointly and severally liable for acts of children who are under the age of eighteen (18) that result in fines, damages, or costs associated with civil trespass violations.
3.10 Registration of Vehicles
A. Permit Required. No Off-Road Vehicle may be operated on designated roadways, any public right-of-way, or public property, including any lands held in trust by the Community, without first obtaining a permit from the Community.
B. Permit Application. Every application for an Off-Road Vehicle must be made on a form supplied by the Community and must contain the following information:
1. Date;
2. Name, address, and phone number of the applicant;
3. A copy of the applicant's driver's license;
4. Proof of satisfactory completion of an ATV Safety Course recognized by the Community or State of Minnesota;
5. Make, model, and serial number of vehicle;
6. Proof of insurance, including the company's name, policy number, effective date, and coverage;
7. Such other information as the Community may require.
C. Fees. The Business Council shall set and publish a permitting fee.
D. Term of Permit. Permits are effective for three (3) calendar years beginning January 1 and ending December 31 and may be renewed.
E. Suspension or Revocation of Permit. A permit may be suspended or revoked pursuant to Section 4.7 of this Ordinance.
3.11
Resident Family Member Licensing
Resident family members may obtain annual Off-Road Vehicle licenses from the Shakopee Mdewakanton Sioux Community. Resident family members are subject to the same conditions as Community Members. By obtaining a license, resident family members agree to be bound by this Ordinance and submit to the jurisdiction of the Shakopee Mdewakanton Sioux Community Tribal Court.
3.13
A. One-day licenses may be issued to non-resident, non-members subject to the following requirements:
1. The non-resident, non-member must be at least sixteen (16) years of age, must provide proof that they have completed an accredited ATV Safety Training Course, and shall pay a licensing fee;
2. The non-resident, non-member operation of an Off-Road Vehicle must be limited to the ATV or UTV track;
3. The non-resident, non-member must be accompanied by a Community Member at all times;
4. The non-resident, non-member must adhere to the same conditions as Community Members;
5. The non-resident, non-member or their parent or legal guardian must agree to be bound by this Ordinance and must submit to the jurisdiction of the Shakopee Mdewakanton Sioux Community Tribal Court;
6. The non-resident, non-member or their parent or legal guardian must execute any waivers or releases of liability maintained by the Community;
7. The non-resident, non-member may only operate vehicles registered with the Community pursuant to Section 3.12 of this Ordinance.
B. Non-resident, non-member licenses shall be effective for the day specified in the license. A Community Member may only sponsor one non-resident, non-member per day. Community Members that are minors may not sponsor non-resident, non members. In addition to the requirements of this section, non-resident, non-members that are minors must have the appropriate paperwork completed by their parent or legal guardian and must be accompanied at all times by their parent and legal guardian while operating Off-Road Vehicles on the Shakopee Mdewakanton Sioux Community Reservation.
License Requirement
A properly issued tribal license must be in the possession of any non-resident, non-member on Community lands. The appropriate tribal license must be furnished upon request by a Community authorized officer. The failure to furnish the appropriate license shall be deemed a violation of this Ordinance. Such a violation may only be cured by providing evidence that the proper tribal license was issued prior to the violation. Such evidence must be submitted to the Community authorized officer within seven days. Failure to furnish an appropriate tribal license or engaging in the operation of an Off-Road Vehicle on Community lands without the appropriate tribal license shall be a Class B violation of this Ordinance.
CHAPTER 4
AUTHORIZATION AND LIMITATIONS
4.1 Jurisdiction of Tribal Court
The Tribal Court shall exercise jurisdiction over violations of this Ordinance by Community Members and licensed non-Community Members. The Tribal Court shall hear all such actions in accordance with the Shakopee Mdewakanton Sioux Community Rules of Civil Procedure, as amended, except where the specific provisions of this Ordinance require otherwise.
4.2 Tribal Conservation/Tribal Law Enforcement Officer
The Tribal Conservation/Tribal Law Enforcement Officer or a Community-authorized officer shall have the authority to enforce the provisions of this Off-Road Vehicle Ordinance and any other tribal or state law authorized by General Council action. After the execution of a cooperative enforcement agreement between the Community and the commissioner of natural resources, Tribal Conservation/ Tribal Law Enforcement Officer or a Community-authorized officer may also enforce the state's fish and game, natural resources, and recreational laws on Community lands to the same extent as state conservation officers.
4.3 Civil Regulatory Authority
All matters relating to the conservation, regulation, control, or management of the resources of the Shakopee Mdewakanton Sioux Community are subject to the civil regulatory authority of the Community with the exception of applicable state or federal laws. This Ordinance may be invoked and applied to conduct on Community lands pursuant to Section 1.3 of this Ordinance.
4.4
CLASS
Class A
Class B
Class C
DESCRIPTION
Conduct designated as a Class A Offense by this Ordinance.
Conduct designated as a Class B Offense by this Ordinance.
Conduct not designated as a Class A or Class B Offense by this Ordinance.
PENALTY
Civil fines, civil forfeiture, and license suspension.
Civil fines, repeat offenses may result in license suspension.
Civil fines, repeat offenses may result in license suspension.
4.5 Civil Fines
A. Class A Off-Road Vehicle Offenses shall be subject to a fine of $500.
B. Class B Off-Road Vehicle Offenses shall be subject to a fine of $350.
C. Class C Off-Road Vehicle Offenses shall be subject to a fine of $150.
Classes of Off-Road Vehicle Offenses
4.6 Civil Forfeiture
The Tribal Conservation/Tribal Law Enforcement Officer or a Community-authorized officer may seize property including off-road vehicles used by a violator of this Ordinance and hold and possess such property until such time as the violator fully satisfies all fines and penalties due under this Chapter. If a violator is convicted of a Class A violation, the Tribal Court may direct a Community-authorized officer to sell property seized during the commission of such offenses and the proceeds shall be deposited and used for conservation programs on Community lands.
4.7 License Suspension
The Tribal Court may suspend a violator's licensing privileges under this Ordinance for a period of up the three years if the violator is found guilty of a Class A Off-Road Vehicle Offense. The Tribal Court may suspend a violator's licensing privileges under this Ordinance for a period of up the three years for three Class Band/or Class C Off-Road Vehicle Offenses within a three (3) year period. A person with an unpaid civil fine due to a previous violation of this Ordinance shall be ineligible to receive tribal hunting licenses until the debt has been paid.
4.8 Institution of Tribal Proceedings; Citation
Proceedings for enforcement of this Off-Road Vehicle Ordinance shall be instituted by the issuance of a citation by a Tribal Conservation/Tribal Law Enforcement Officer or a Community-authorized officer. If an officer has reason to believe that a person subject to tribal authority has violated a provision of this Ordinance, the officer may issue a citation to that person and shall file a copy with the Tribal Court. A duly issued citation shall be considered the complaint and shall include the summons/notice to appear. A duly issued citation may be served personally on the alleged violator or by certified mail.
4.9 Contents of Citation
When a Tribal Conservation/Tribal Law Enforcement Officer or a Community-authorized officer issues a citation, a duplicate copy of the citation shall be provided to the alleged violator. The following must be included in the citation:
A. The name and address of the person cited;
B. His or her driver's license number;
C. The specific offense charged;
D. The date, time, and place the infraction occurred;
E. The date on which the citation was issued;
F. Appropriate contact information for the Tribal Court;
G. Whether the offense is subject to a mandatory court appearance or a payable fine;
H. Summons/notice to appear that include separate procedures for violations that require a mandatory court appearance and violations that are subject to a payable fine;
I. Certification that the officer issuing the citation believes that the person cited committed the infraction.
4.10 Mandatory Court Appearances
The following individuals shall be subject to a mandatory court appearance: individuals charged with a Class A Off-Road Vehicle Offense; individuals that may be subject to civil forfeiture pursuant to Section 4.6 of this Chapter; or individuals that may be subject to license suspension pursuant to Section 4.7 of this Chapter. The Tribal Court shall schedule an initial hearing upon receiving a citation for an offense subject to a mandatory court appearance. A Notice of Initial Hearing shall be served personally on the alleged violator or by other means established by the Tribal Court. The Notice of Initial Hearing shall include a copy of the citation/complaint and shall state that a failure to appear at the initial hearing will result in a default judgment. Copies of the Notice of Initial Hearing shall also be provided to the involved officers and the Business Council.
4.11 Payable Fines
All other violations not specifically addressed in Section 4.10 of this Chapter shall be subject to payable fines. Individuals charged with an offense subject to a payable fine must comply with one of the following options within thirty (30) days of receipt of the citation:
A. Payment. An individual may pay the full amount of a payable fine for each violation within thirty (30) days of receipt of the citation. The payment of a payable fine shall be considered an admission of guilt but shall relieve the alleged violator of any additional requirements and the case against him/her shall be closed.
B. Payment may be made by check payable to the Shakopee Mdewakanton Sioux Community and should include the citation number(s) on the front of the check. Checks may be mailed or hand delivered to the Tribal Court.
C. Contest the Citation. An individual charged with an offense subject to a payable fine may contest the citation by providing written Notice of Contest to the Tribal Court within thirty (30) days of receipt of the citation. Following receipt of a written Notice of Contest, the Tribal Court shall schedule an initial hearing. A Notice of Initial Hearing shall be served personally on the alleged violator or by other means established by the Tribal Court. The Notice of Initial Hearing shall state that a failure to appear at the initial hearing will result in a default judgment against the alleged violator. Copies of the Notice of Initial Hearing shall also be provided to the involved officers and the Business Council.
The Business Council shall establish a pre-ticketing diversion program for young offenders that provides an alternative to the adjudicatory process described in this Ordinance. The Business Council shall establish guidelines for the pre-ticketing diversion program which shall describe when diversion is appropriate, how the diversion program functions, and what occurs if a young offender fails to satisfy the requirements of the diversion program. The program must be designed and operated to fulfill the following goals:
A. To provide offenders under the age of twenty-one (21) with an alternative to the ticketing/Tribal Court process discussed in this Ordinance;
B. To minimize recidivism among diverted offenders;
C. To promote the collection of restitution, fines, and fees through community service.
4.13 Failure to Appear
Any person who fails to appear before the Tribal Court for a mandatory court appearance, or who has not paid the designated fine or filed a Notice of Contest for a payable fine within thirty (30) days of receipt of the citation, shall be subject to a default judgment. Any person with an outstanding Off-Road Vehicle judgment against him or her shall not be eligible to receive licenses pursuant to this Ordinance until such judgment is fulfilled. He or she may also be subject to the civil contempt powers of the Court.
4.14 Subsequent Civil Proceedings
Proceedings subsequent to the issuance of a citation, including enforcement proceedings upon any judgment granted and appeals, shall be conducted in conformity with this Ordinance and with rules adopted by the Shakopee Mdewakanton Sioux Community Tribal Court.
4.15 Enforcement of State Laws
The Tribal Court of the Shakopee Mdewakanton Sioux Community shall be the preferred venue for enforcement actions brought pursuant to this Ordinance. Every effort should be made to prosecute Community Members in Tribal Court. However, Tribal Conservation/Tribal Law Enforcement Officer or a Community-authorized officer may, in certain circumstances, issue citations under Minnesota law. If the Tribal Conservation/Tribal Law Enforcement Officer or a Community-authorized officer issues a citation related to Minnesota law, she or he shall exercise authority as a state, or local law enforcement officer only. If a Community-authorized or the Tribal Conservation/Tribal Law Enforcement Officer issues a citation under Minnesota law, the officer shall notify the appropriate federal, state, or local law enforcement agency and take the steps necessary for the case to proceed in the Minnesota court system set forth in the requisite mutual aid agreement.
