Judicial Code

Trespass Ordinance

BE IT ENACTED by the Prairie Island Community Council of the Prairie Island Reservation, Minnesota, by Resolution No. 89 and 52, in regular meeting assembled on July 14, 1989, respectively, in accordance with Article V Section 1 of the Constitution and Bylaws, an ordinance to promote and regulate the general welfare and conduct and assess in the Prairie Island Indian Community in accordance with tribal requirements and to establish procedures which afford and promote peace, safety, morals and general welfare of the Prairie Island Indian Community.

Section 1.Declaration of Policy:

Article V, Section 1 requires that the Prairie Island Community Council shall exercise its power to regulate conduct and control access to the Reservation and its enterprises so as to safeguard said Community.

It is therefore the policy of the Prairie Island Community Council that all persons, members, whether resident or non-resident, must depart from the place of business, residence or public place when requested to do so by the person or authority in lawful possession or control said premise.

Section 2.Definitions:

For the purpose of this Ordinance, the words underlined below have the following definition:

A.Trespass:  To enter another’s property without permission or right, to remain on another’s property after being requested to leave.

B.General Conduct:  Intentional behavior that is likely to interfere with the lawful exercise of another control of possessory interest in property by:  causing public inconvenience, annoyance, or alarm; engaging in fighting, threatening, or violent behavior; making unreasonable noise or course utterance, gesture, or display; creating a hazardous or physically offensive condition; disturbing others as a result of intoxication; refusing to leave a premise when requested to do so by a person or authority in lawful control of said premise.

Section 3.            Due Process:

If a community member violates said Ordinance, they will be prohibited from entry into or participation in Community and/or Tribal activities and/or the bingo facility, suspended from membership, and/or referred to appropriate State and/or local law enforcement agencies or tribal court for prosecution.  If a non-member violates said Ordinance, they will be prohibited entrance onto the Reservation or access to any of the Tribal enterprises.

Section 4.            Effective Date of Ordinance:

This Ordinance shall become effective as soon as it is approved by the Secretary of the Interior or his authorized representative.

NOW THEREFORE BE IT RESOLVED, that the Prairie Island Indian Community in the State of Minnesota hereby enacts the TRESPASS ORDINANCE NO. 5.

This Ordinance, “TRESPASS ORDINANCE NO. 5.” for the Prairie Island Indian Community in the State of Minnesota was duly passed by the Prairie Island Indian Community in the State of Minnesota, Tribal Council by a vote of 4 for, 0 against, 1 abstention, at a Special Meeting of the Tribal Council at which a quorum was present, on July 14, 1989, at 2:51 p.m., held at the Prairie Island Indian Community Center.

Dated:  _______(July 14, 1989)________                      Signed:  ____________________________

            (James White)

Copyright © 2003-2005, Prairie Island Indian Community. (Updated 12-21-04.)