Ysleta del Sur Pueblo Code of Laws, Article 4

Ysleta del Sur Pueblo Code of Laws

Last revised: 2000

Ysleta Del Sur Pueblo
119 S. Old Pueblo Rd. • P.O. Box 17579 • El Paso, Texas 79907 •(915) 859-7913 • Fax # 859-2988

YSLETA DEL SUR PUEBLO
TRIBAL RESOLUTION TC-99-99

Pertaining to Amendments of Article 4 of the tribe's Code of Laws Entitled "Peace Code"

WHEREAS,	The Tribal Council (the "Council") of the Ysleta del Sur Pueblo (the "Pueblo"), is the duly constituted traditional governing body of the Ysleta del Sur Pueblo exercising all inherent governmental power, fiscal authority, and Tribal sovereignty as recognized in sections 101 and 104 of the Act of August 18, 1987 (the Public Law No. 100-89); and,
WHEREAS,	the Pueblo has operated from time immemorial as a Native American political sovereign without organic or written constitution, charter, or by-laws; and,
WHEREAS,	the Pueblo governs itself by oral tradition; and,
WHEREAS,	the current civil and criminal law authority of the Pueblo is vested in the "Council" consisting of the Cacique, the Governor, the Lieutenant Governor, the Alquacil, the War Captain, and four (4) Councilmen; and,
WHEREAS,	the the Peace Code was adopted as a means by which to exercise the sovereign power of the Ysleta del Sur Pueblo for the protection of the tribe's land, ensure peace and order of the Pueblo, and preserve the peace, harmony, safety, health and general welfare of the people of the Tribe and those permitted to enter or reside on the Reservation; and,
WHEREAS,	the Council has further determined that it is in the best interest of the Tribe to amend the Peace Code to meet the needs of the Pueblo; and;
WHEREAS,	the Council has authorized the Governor of the Pueblo to act for the Tribe in the signing of this resolution; and,
WHEREAS,	the Council intends that this Resolution shall constitute evidence of the authorization of the Council to pass such legislation.
NOW, THEREFORE, BE IT RESOLVED, that the Tribal Council of the Ysleta del Sur Pueblo as follows:
1.	The preambles hereto shall be incorporated herein and made part of the Resolution;
2.	That Tribal Ordinance No. 005-99, which adopts revised Article 4 of the tribe's Code of Laws entitled "Peace Code," a true and correct copy of which is attached hereto as Exhibit "A" and, by reference, is incorporated herein for all purposes as if set forth at length, is hereby enacted to be effective immediately.
ADOPTED this 27th day of July, 1999.

ARTICLE 4 - PEACE CODE

PART 1 - GENERAL PROVISIONS

Section 4.1.10. Applicability.

The following article shall hereinafter be referred to as the "Ysleta del Sur Pueblo Peace Code." An action under this does not preclude other possible actions under another of this code nor a criminal action by another jurisdiction.

Section 4.1.20. Jurisdiction.

The jurisdiction of the Tribal Court is set forth in Section 10.03 of Article 2, the Judicial Code of the Ysleta del Sur Pueblo.

Section 4.1.30. Purposes and Interpretation.

This code shall be interpreted and construed to:

(A) preserve the peace, harmony, safety, health and general welfare of the people of the Tribe and those permitted to enter or reside on the Reservation;

(B) ensure peace and order on the Reservation and lands of the Ysleta del Sur Pueblo;

(C) promote the welfare of the the Tribe and its members;

(D) safeguard individual rights and community standards;

(E) secure rights and powers, which are inherent in the tribe's sovereign status;

(F) exert jurisdiction over all matters essential to the tribe's self-determination and self-governance;

(G) treat all parties fairly and without prejudice, protecting individual rights guaranteed by the Indian Civil Rights Act and by the traditions, customs and laws of the Tribe;

(H) resolve disputes fairly and efficiently; and

(I) provide an orderly procedure for resolving conflicts which reflects tribal customs and traditions as well as the prevailing community standards, and which affords all affected persons a fair, prompt, and impartial hearing.

Section 4.1.40. Rules Governing Evidence and Civil Procedure

All actions involving civil infractions shall be conducted in a fair, informal and just manner. The Tribal Rules of Evidence and the Tribal Rules of Civil Procedure may be used as a guide or as persuasive authority for actions involving civil infractions, but shall not be used as binding or mandatory authority for actions involving civil infractions.

Section 4.1.50. Definitions.

(A) "Alguacil" means the elected Tribal Sheriff of the Ysleta del Sur Pueblo.

(B) "As amended" means as amended as of the date of the civil infraction.

(D) "Civil Infraction" means a violation of tribal law as set forth in this Code.

(E) "Dangerous Weapon" means any firearm, or other weapon, device material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. (Example: club, brass knuckles, etc.)

(F) "Expulsion" means to ban, forbid, exclude, excommunicate or cut off a person from privileges at Ysleta del Sur Pueblo permanently or for a specified period of time for breach of duty, improper conduct, or other sufficient cause.

(G) "Governor" means the elected Governor of the Ysleta del Sur Pueblo.

(H) "Guardian" means a person assigned by a court of law, other than a parent, having the legal custody of the child, to provide duty of care.

(I) "His" means be or she, his or her, and singular includes plural.

(J) "Law Enforcement Officer" means:

1. "Tribal Law Enforcement Officer" means any YDSP law enforcement personnel exercising lawful authority such as:

a. The Alguacil - when performing official duties,

b. Ysleta del Sur Pueblo Tribal Police member,

2. Any other law enforcement member commissioned by the U.S. Government, State of Texas, County of El Paso or City of El Paso when performing official duties.

3. Any security personnel under contract with Ysleta del Sur Pueblo when performing official duties.

(K) "Lt. Governor" means the elected Lt. Governor of Ysleta del Sur Pueblo.

(L) "Parent" means a natural or adoptive parent, but does not include persons whose parental rights have been terminated, nor does it include the unwed father whose paternity has not been acknowledged or established.

(M) "Reservation" means the Ysleta del Sur Pueblo Reservation as established existing and geographically defined under the Laws of the United States, encompassing all territory within its exterior boundaries as now or hereafter prescribed or ascertained, including fee patented lands, roads, waters, bridges, lands and rights of way owned, used and claimed by any person.

(N) "Tribal Council" means the governing Tribal Council of Ysleta del Sur Pueblo.

(O) "Tribal Court" means the trial Court created, existing and operating under the provisions of the Tribal Code of Laws and the judges of the Court, collectively and individually, serving and acting in that office and capacity.

(P) "Tribal building" means any building held, used, or controlled by the Ysleta del Pueblo exclusively for the tribal purposes of the Pueblo.

(Q) "Tribal property" means property held, used, or controlled by the Ysleta del Sur Pueblo exclusively for the tribal purposes of the Pueblo.

(R) "Tribal Official" means any person authorized to officiate over tribal business or functions of Ysleta del Sur Pueblo.

(S) "Tribe" means the Ysleta dcl Sur Pueblo and "tribal" means belonging or pertaining to the Tribe.

(T) "YDSP" means Ysleta del Sur Pueblo.

(U) "Ysleta dd Sur Pueblo" means a federally recognized Indian Tribe, exercising all inherent governmental powers, fiscal authority and tribal sovereignty as recognized in the Ysleta del Sur Pueblo Restoration Act (Public Law 100-89, 101 Stat. 666, as codified at 25 U.S.C. § 1300g). Ysleta del Sur Pueblo is also commonly referred to as the Tigua Indian Reservation or the "Pueblo".

PART 2 - CIVIL PENALTIES

Section 4.2.10. General Penalty Provisions.

(A) A person committing a violation under this code shall be subject to a civil assessment as set forth in this section;

(B) In addition to, or in lieu of; the civil assessment, the Court may grant such other relief as is necessary and proper, including, but not limited to the following: community service, restitution, treatment/counseling, expulsion and traditional
sanctions;

(C) The Court also has the authority to forfeit property, dissolve a corporation, dissolve a contract, suspend or cancel a license or permit or cite for content.

(D) Civil Infractions provisions enacted after the effective date of this Code shall be classified for civil penalty purposes in accordance with this section.

Section 4.2.20. Classification of Civil Infractions.

Civil infractions are categorized according to the seriousness of the violation. These civil infractions shall be divided into three categories:

(A) Class C Civil Infraction

(B) Class B Civil Infraction

(C) Class A Civil Infraction

Section 4.2. 30. Civil Assessments.

The following civil assessments shall apply to each infraction:

(A) Class C Civil Infraction a civil assessment not to exceed $250.

(B) Class B Civil Infraction a civil assessment not exceed $2,000.

(C) Class A Civil Infraction a civil assessment not to exceed $5,000.

Section 4.2.40. Penalties for Repeated Civil Infractions.

Any person who repeatedly commits a civil infraction shall be subject to the following penalties:

(A) a person violating a Class C civil infraction a third (3rd) time may be subject to a Class B Civil Assessment; or

(B) a person violating a Class C civil infraction four (4) or more times may be subject to Class A Civil Assessment; or

(C) a person violating a Class B civil infraction three (3) times or more may be subject to a Class A Civil Assessment.

(D) a person violating a Class A civil infraction three (3) times or more may be subject to expulsion or exclusion.

Section 4.2.50. Civil Penalties Deferred.

The Court may defer or suspend civil penalties for a period not to exceed one (1) year if justice so requires and/or the following criteria is met:

(A) The person has not committed any previous violations of this Code;

(B) The person does not commit any other violations of this Code;

(C) The person does not commit any infractions, violations or offenses in any other jurisdictions; and

(D) The person complies with all Court orders concerning the civil infraction to the best of his ability.

Section 4.2.60. Community Service.

The Court recognizes that a civil infraction violator may be unable to make amends. For this reason the Court, at its discretion, may order community service in addition to or in lieu of a civil assessment. The judge shall determine if the person is a suitable candidate for community service and will carry out the service faithfully.

(A) Community Service shall be determined at an hourly rate of $l5.00 an hour;

(B) This service is limited to:

1. tribal property or tribal agencies; or

2. the primary residence of a tribal elder;

(C) Tribal agencies or elders requiring services must submit a written request to the Court clerk;

(D) Assistance will be distributed in the order that requests were received.

(E) The YDSP Tribal Court will keep a log of both services requested and performed.

(F) The Court will provide a form for verification of community service to the service worker.

(G) The community service worker shall be responsible for:

1. obtaining written verification from the monitoring supervisor on the provided form; and
2. submitting the form to the Court as required.

Section 4.2.70. Referral for Treatment.

(A) In lieu of, or in addition to a civil penalty, the Court, at its discretion, may refer persons to mental health providers including an alcohol/substance abuse program, and/or social services program for an assessment, evaluation, counseling and/or treatment.

(B) After completion of assessment or evaluation, the agency shall report findings and recommendations to the Court or an officer assigned by the Court.

(C) The Court may order mental health providers to submit progress reports of treatment. An officer assigned by the Court shall monitor the person through the reports.

(D) Residential treatments are an option for civil infraction violators upon their request and if substantiated by an authorized mental health agency.

Section 4.2.80. Seizure/Forfeiture of Property.

A law enforcement official may, upon probable cause when issuing a citation for a civil infraction, seize any property used in the commission of a violation of this Peace Code. All property utilized in violation of this Peace Code shall also be subject to seizure and forfeiture by order of the Tribal Court. The Tribe shall return any property confiscated to its rightful owner unless a complaint for forfeiture is filed within (30) days of the seizure. If the Tribal Court determines that the possession of the property is unlawful or in violation of this Peace Code, then the property shall become the property of the Tribe.

Section 4.2.90. Enforcement of Civil Assessments.

(A) In any case where a person has been found to have committed a civil Infraction and a civil penalty has been assessed, the person shall have thirty (30) days to pay the civil assessment. For good cause shown, the Court may extend the time for payment or approve an installment plan.

(B) If the person has not paid the civil assessment within the time allotted by the Court, then the Court may issue the following orders, after proper notice and hearing:

1. an order to a Tribal employer garnishing up to fifty percent (50)% of their wages;

2. an order to the Tribal Controller or other appropriate Tribal Official garnishing up to one hundred percent (100%) of any Tribal per capita distribution; or

3. sell any property confiscated under section 4.2.80 of this Peace Code up to the amount of the Civil Assessment.

PART 3 - Civil Infractions Against Property

4.3.10. Definitions.

For this part the following definitions will apply:

(A) "Alter" means to change, modify, or vary in some degree; to change some of the elements, ingredients or details without substituting an entirely new thing or destroying the identity of the thing affected.

(B) "Damage" means loss, injury, or deterioration to tangible property causing it to decrease in strength, value, amount or quality.

(C) "Destroy" means to ruin the structure, organic existence or condition of a thing; to demolish; to injure or mutilate beyond possibility of use.

(D) "Deface" means damage to monuments, building or other structures by changing the physical appearance or to mar or destroy the physical appearance of a written instrument signature or inscription as to render it illegible or unrecognizable.

(E) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if

(1) induced by deception or coercion;

(2) given by a person the actor knows is not legally authorized to act for the owner;

(3) given by a person who by reason of youth or advanced age, mental disease, or defect, or intoxication is known by the actor to be unable to make a reasonable property disposition;

(G) "Pecuniary loss" means a loss of money, or of something by which money or of value may be acquired. Everything having monetary value and is determined by the value of the amount property damaged or destroyed.

(H) "Property" means:

(1) real property; or

(2) tangible personal property, including anything severed from land; or

(3) a document, including money, that represents or embodies anything of value.

(I) "Private property" means property protected from being taken for tribal use, as such property belongs absolutely to an individual.

(J) "Tribal" means belonging or pertaining to the Tribe.

(K) "Tangible Property" means property that has value in itself, personal, capable of being possessed; such as is capable of being apprehended by the senses, which is accessible or identifiable.

Section 4.3.20. Malicious Mischief.

A person commits the civil infraction of Malicious Mischief if he, without the effective consent of the owner:

(A) damages or destroys the tangible property of the owner; or

(B) tampers with tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or

(C) makes markings including inscriptions, slogans, drawings, or painting on the tangible property of the owner; or

(D) alters, defaces, or damages in any way tribal owned community property: a monument, structure or facility, place of worship or burial or any other object of veneration respected by the community of Ysleta del Sur Pueblo; or

(E) aids, abets, commands, or counsels another to commit malicious mischief.

4.3.21. Civil Penalties.

An infraction under subsections a, b and c is a:

Class C Civil Infraction if the amount of pecuniary loss is less than $20; or

Class B Civil Infraction if the amount of pecuniary loss is more than $20, but less than $250; or

Class A Infraction if the amount of pecuniary loss is more than $250.

An infraction under subsection d is a Class A civil infraction. Subsection d is also subject to traditional sanctions.

Section 4.3.30. Trespass.

A person commits the civil infraction of Trespass if he enters or remains on tribal or private property or a building of another without effective consent and be:

(A) had notice that the entry was forbidden;

(B) received notice or order to depart but failed to do so.

4.3.31. Notice.

Such notice or order may be given by:

(A) written or verbal communication given to the intruder by a tribal official, law enforcement officer, the owner of the property or a person authorized to act on behalf of the owner; or

(B) written notice posted on or about the property in a manner reasonably likely to come to the attention of potential intruders; or

(C) fences, barricades or other devices manifestly designed to enclose the property and to exclude potential intruders.

4.3.32. Civil Penalties.

An infraction under this section is a:

Class B or C infraction, unless it is committed in a habitation or a shelter center or unless the actor carries a dangerous weapon on or about his person during the commission of the an infraction, in which event it is a Class A civil infraction.

4.3.33. Definitions.

As used in this section.

"Enclose" means to surround; to encompass; to bound, to fence in or hem in on all sides.

"Entry or Enter" means the unlawful making of one's way into tribal or another's property, building, dwelling or house.

"Habitation" means dwelling place; residence within the jurisdiction of Ysleta del Sur Pueblo.

"Intruder" means one who enters upon land or buildings without either right of possession or color of title.

"Owner" means the person or entity in whom is vested the ownership, dominion, or title of property.

"Shelter/Community Center" means a tribally owned facility utilized for the benefit the community with proper environments, as well as protection from the weather.

Section 4.3.40. Reckless Damage or Destruction.

A person commits the civil infraction Reckless Damage or Destruction if without the effective consent of the owner, he recklessly damages or destroys property of the owner.

4.3.41. Civil Penalty.

An infraction under this section is a Class C Civil Infraction.

4.3.42. Definitions.

"Recklessly" means a person acts recklessly, or is reckless, with respect to circumstance surrounding his conduct or the result of his conduct when he is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint

Section 4.3.50. Theft.

A person commits the civil infraction of Theft if he:

(A) obtains, exercises control over, or conceals anything of value of another without the effective consent of the owner; or

(B) having lawfully obtained possession for temporary use of the property, deliberately and without effective consent, fails to return or reveal the whereabouts of said property to the owner, his representative or the person from which he has received it with the intent to permanently deprive the owner of its use and benefit.

4.3.51. Civil Penalty.

An infraction under this section is:

Class C Infraction if the amount of pecuniary loss is less than $50;

Class B Infraction if the amount of pecuniary loss is more than $50, but less than $250; or

Class A Infraction if the amount of pecuniary loss is more than $250.

Section 4.3.60. Theft or Improper Use of Venerated Object.

A person commits the civil infraction of Theft of a Venerated Object if he:

(A) obtains, exercises control over, or conceals any venerated object or any other object respected by the Ysleta del Sur Pueblo Community without the effective consent of the tribal community; or

(B) having lawfully obtained possession for temporary or religious use of the object of veneration; deliberately and without effective consent fails to return or reveal the whereabouts of said object to the Tribe, the proper tribal official or the person from which he has received it with the intent to permanently deprive the Tribe of its use and benefit.

(C) uses a venerated object in an improper manner.

4.3.61. Civil Penalty.

A civil infraction under this section is a Class A infraction. In addition, an infraction under this section is subject to traditional sanctions to be administered by traditional officials.

4.3.62. Definitions.

As used in this section.

"Improper manner" means in a sacrilegious manner or not in accord with propriety, traditional practices and/or values of the Ysleta del Sur Pueblo.

"Venerated Object" means any traditional object of worship, devotion, reverence or adoration by the tribal community (i.e. Juanchido, Varas, etc.).

Section 4.3.70. Fraud.

A person commits the civil infraction of Fraud if, to obtain property, money, gain, advantage, interest, asset or services for himself or another he:

(A) makes a materially false or misleading statement which he knows to be untrue or makes a remark with reckless disregard to the accuracy of the statement;

(B) withholds information by misrepresentation or deceit; or

(C) with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes or otherwise impairs the verity, legibility, or availability of a writing.

4.3.71. Civil Penalties.

An infraction under this section shall be held upon the discretion of the judge with a civil penalty of no less than $250 and not to exceed $5,000 unless pecuniary loss is involved, in which case it is a:

Class C Infraction if the amount of pecuniary loss is less than $50; or

Class B Infraction if the amount of pecuniary loss is more than $50, but less than $250; or

Class A Infraction if the amount of pecuniary loss is more than $250.

4.3.72. Definitions.

As used in this section.

"Gain" means something of exchangeable value however vested, received or drawn for separate use, benefit and disposal; profit, value or pecuniary gain.

"Knows" means a person acts knowingly; or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of this conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

"Writing" means:

1. printing or any other method of recording information;

2. any legal document or contract;

3. any form of personal identification.

PART 4 - Civil Infractions Against The Peace

Section 4.4.10. Disorderly Conduct.

A person commits the civil infraction of Disorderly Conduct if he:

(A) fights with another within the confines of the Reservation;

(B) at any location within Ysleta del Sur Pueblo creates any excessive noise or to suffer, allow, or permit the creation of any excessive noise on property owned, leased, occupied or otherwise controlled by such person which causes or creates a nuisance;

(C) discharges a firearm and/or air guns that are prohibited;

(D) not being lawfully authorized to do so, displays a dangerous weapon in a tribal place in a manner calculated to alarm;

(E) abuses or threatens a person on a tribal property or tribal building in an obviously offensive manner,

(F) lies or sleeps on any tribal street, alley or sidewalk, or in any other tribal property, or upon private property that he has no right to occupy;

(G) drinks an alcoholic beverage on any tribal street, alley or sidewalk, or in any other tribal property, tribal building, or upon private property that he has no right to occupy;

(H) exposes his anus or genitals in a tribal place and is reckless about whether another may be present who will be offended or alarmed by this act;

(I) engages in lewd behavior and is reckless about whether another is present who will be alarmed by his act; or

(J) uses abusive, indecent, profane, or vulgar language in a tribal building or tribal property, and the language by its very utterance tends to incite an immediate breach of the peace.

4.4.11. Exceptions.

No person may discharge a firearm on the Reservation of Ysleta del Sur Pueblo except the following persons when acting in the scope of their employment or traditional duties:

1. the Alguacil (Tribal Sheriff) when performing official duties;

2. Tribal Law Enforcement member;

3. any other law enforcement member - when performing official duties;

4. any security personnel under contract with the Tribe;

5. the proper participants in a religious activity may discharge firearms for use in such activity. (Persons will be designated by the Tribal Council)

4.4.12. Civil Penalty.

An infraction under this section is a:

Class C Civil Infraction unless committed under subsections C or D in which event is a Class (B) Civil Infraction.

4.4.13. Definitions.

As used in this section,

"Airgun" means any air powered device capable of propelling a projectile, such as a B.B. gun, pellet gun or paintball gun.

"Firearm" Any device capable of firing or propelling a projectile, such as a shotgun, bow and arrow, and a slingshot, is a firearm. The definition does not include construction type devices such as compressed-air nail guns when such devices &e used in the manner for which they were designed.

"Lewd Behavior" means any act of:

(A) touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person, or

(B) penetration of the female sex organ by the male sex organ, or

(C) any contact between any part of the genitals of any person and the mouth of anus of another person, the penetration of the genitals or the anus of another person with an object.

Section 4.4.20. Caring a Prohibited Weapon.

A person commits the civil infraction of Carrying a Prohibited Weapon if he bears or carries on or about his person;

(A) an illegal knife; or

(B) firearm or airgun (when used illegally); or

(C) other dangerous weapons as defined.

The Alguacil or any member of the Tribal Police force may, upon probable cause, confiscate the weapon from any person who violates this section.

4.4.21. Exceptions.

No person may bear or carry a firearm on the Reservation of Ysleta del Sur Pueblo except the following authorized persons with a lawful permit issued by the Tribal Council or such other authority designated by it, or by written permit or other authority of the United States:

1. The Alguacil (Tribal Sheriff) when performing official duties; or

2. a member of the Tribal Law Enforcement; or

3. any other law enforcement officer when performing official duties; or

4. any security personnel under contract with the Tribe; or

5. the proper participants in a tribal religious activity may carry a firearm with the proper background investigation; or

6. any person living on the Reservation may possess a weapon within such persons residence; or

7. any person may bear or carry on his person a firearm when transporting a weapon to or from his residence.

4.4.22. Civil Penalty.

An infraction committed under this section is a:

Class B infraction unless committed under subsection b in which case it becomes a Class A infraction.

The weapon involved when the violation was committed is subject to forfeiture by the Court to the Tribe.

4.4.23. Definitions.

As used in this section.

"Airgun" means any air powered device capable of propelling a projectile; such as a B.B. Gun, pellet gun or paintball gun.

"Dangerous Weapon" means any firearm, or other weapon, device instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury. (Example: club, brass knuckles, etc.)

"Firearm" Any device capable of firing or propelling a projectile, such as a shotgun, bow and arrow, and a slingshot, is a firearm. The definition does not include construction type devices such as compressed-air nail guns when such devices are used in the manner for which they were designed.

"Illegal Knife" means any bladed hand instrument with a blade above 4.5 inches in length that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument to include any: dagger, dirk, knife, sword, spear, stiletto, butterfly knife or a spring loaded blade.

Section 4.4.30. Gang Related Activity.

A person commits a civil infraction under this section if he participates in a Gang Related Activity.

4.4.41. Civil Penalty.

An infraction under this section is a Class B infraction.

4.4.42. Definitions.

As used in this section.

"Gang" is "somewhat" organized group of individuals:

1 . Who create an atmosphere of fear and intimidation in the community; and
2. are recognized by both its own members and others; and
3. engage in acts injurious to the public health and morals of Ysleta del Sur Pueblo; and/or
4. whose sole purpose is to engage or have engaged in gang-focused illegal activity either individually or collectively.

Section 4.4.40. Curfew.

A person commits the violation of Curfew if:

(A) he is a minor who remains in the streets and or tribal property areas within the Reservation between curfew hours of 10:00 p.m. and ending at 6:00 a.m.

(B) he is a parent, guardian or custodian of a minor and knowingly permits or by insufficient control allows the minor to remain in any streets and or tribal property areas within the Reservation during curfew hours;

(C) he is a parent of a minor and knowingly fails to respond within two hours of notification by any law enforcement official or tribal official to take custody of a minor taken into protective care for violation of this section.

4.4.41. Exceptions.

A minor shall not be considered to be in violation of the curfew provisions, where the minor was:

(A) accompanied by the minor's parent, guardian, or custodian

(B) on an errand at the direction of the minor's parent;

(C) in a motor vehicle engaged in interstate travel;

(D) engaged in employment activity including but not limited to newspaper delivery;

(E) involved in an emergency;

(F) in the sidewalk abutting the minor's residence or abutting the neighbor's residence of the next door neighbor if there is no complaint about the minor's presence;

(G) attending an official school, civic or religious activity or returning home from such activities.

4.4.42. Civil Penalty.

An infraction under this section is a Class C civil infraction.

"Curfew hours" means the period beginning at 10:00 p.m. and ending at 6:00 a.m. on the following day. The time shall be determined by the prevailing standard of time, whether mountain standard or mountain daylight savings time, generally observed at that hour by the public in El Paso, County, Texas.

"Minor" means a person who is under the age of 18 years.

"Remain" means to linger, loiter or stay unnecessarily upon the tribal public areas within the Reservation, including congregating groups of minors in which the streets are not being used for ordinary purposes of passage or travel, or failure to leave premises when requested to do so by Tribal law enforcement member.

PART 5 - Civil Infractions Against Tribal Government

Section 4.5.10. Disrupting Tribal Meeting, Governmental or Tribal Traditional Religious Function.

A person commits the civil infraction of Disrupting Tribal Meeting, Governmental or Tribal Traditional Religious Function if he:

(A) conducts himself a manner intended to prevent or disrupt a lawful meeting held in any tribal building or facility owned or controlled by the Tribe, or during a tribal procession or religious function wherever held; or

(B) refuses or fails to leave any such tribal building or facility upon being requested to do so by any tribal official charged with maintaining order in such tribal building or facility; or

(C) willfully denies any tribal official, tribal employee or member of the tribal community the lawful right of such person to enter, to use the facilities, or to leave any such tribal building or facility; or

(D) at or in any such tribal building or facility willingly impedes any tribal official or employee in the lawful performance of his duties or activities through the use of restraint, coercion, intimidation or by force and violence or threat thereof; or

(E) at any meeting or session conducted by any tribal religious leader, judicial, Council, administrative body or tribal official, held in any tribal building or facility; through the use of restraint, coercion, intimidation or by force and violence or threat thereof; willfully impedes, disrupts, or hinders the normal proceedings of such a meeting or session by any act of intrusion into the chamber or other areas designated for the use of the body or official to conduct such a meeting.

4.5.11. Civil Penalty.

An infraction under this section is a:

Class C civil infraction unless committed under subsection d or at a tribal religious function or tribal elections in which event it is a Class B infraction.

4.5.12. Definitions.

As used in this section.

"Coercion" means threat, however communicated:

(A) to inflict bodily injury in the future on the person threatened or another;

(B) to expose a person to hatred, contempt, or ridicule;

(C) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.

"Disrupt" means to deliberately interfere with proceedings in a manner calculated to hinder, or obstruct proceedings and continue to do so after being asked to refrain from such conduct by a tribal official. This does not include inquiring of tribal governmental or tribal finances in an orderly manner.

Nothing in this code shall be applied to deny the free exercise of religion or to abridge the freedom of speech, of the press, or the right of the people peaceable to assemble and to petition for redress of grievances. (As per 25 U.S.C. Section 1301 - 1303. Constitutional Rights of Indians. (The Indian Civil Rights Act)) Ysleta del Sur Pueblo must allow for an open discussion at all tribal meetings where tribal members can address issues and concerns.

Section 4.5.20. Interfering with Lawful Arrest or Resisting Arrest.

A person commits the civil infraction of Interfering with Lawful Arrest or Resisting Arrest if by force, violence or other means, he:

(A) interferes, hinders or resists any Law Enforcement Officer or Tribal Official in the performance of his official duties; or

(B) flees from any Law Enforcement Officer or Tribal Official who is attempting to lawfully arrest or detain him; or

(C) assists another to avoid a lawful arrest or harbors a fugitive.

4.5.21. Civil Penalty.

An infraction under this section is a:

Class B infraction unless the actor introduces a weapon in which event it is a Class A infraction.

4.5.22. Definitions.

As used in this section.

"Arrest" means a person placed under restraint or taken into custody by any person exercising lawful authority.

"Hinder" means to obstruct or impede.

"Resist" means the act of avoiding arrest by means of standing against, obstructing or opposing any Law Enforcement Officer or Tribal Official.

Section 4.5.30. Violation of a Tribal Ordinance.

A person commits the civil infraction of Violation of a Tribal Ordinance if he violates a Tribal Ordinance or Resolution of the Ysleta del Sur Pueblo designed to preserve the peace and welfare of the Pueblo or if he aids, abets, commands, or counsels another to violate a Tribal Ordinance or Resolution.

4.5.31. Civil Penalties.

A violation carries a penalty as provided in the ordinance or resolution violated unless
such ordinance or resolution does not contain a penalty, in which case it becomes a Class
C civil infraction.

4.5.32. Definitions.

As used in this section.

"Ordinance" means a permanent law established by the Tribal Council prescribing
general and uniform rules of conduct relating to the affairs of the Ysleta del Sur Pueblo.

"Resolution" means a formal expression of the opinion or will of the Tribal Council or
any authorized administrative tribal agency, adopted through vote by that official body and authorized by Tribal Council.

Section 4.5.40. Official Misconduct.

A tribal official commits the civil infraction of Official Misconduct, if with intent to obtain a benefit or with intent to harm or defraud another, he:

(A) exceeds the power of his office;

(B) fails to act in the face of an affirmative duty to act;

(C) violates a law, policy or procedure relating to the tribal official's office or employment; or

(D) misuses tribal government property, services, personnel, or any other thing of value belonging to the YDSP that has come into the tribal official's custody or possession by virtue of the tribal official's office or employment.

(E) takes advantage of tribal opportunity without full disclosure to and permission from Tribal Council as set out in a duly adopted resolution.

4.5.41. Civil Penalty.

An infraction under this section shall be held upon the discretion of the judge with a civil assessment of no less than $250 and not to exceed $5,000.

4.5.41. Definitions.

As used in this section.

"Benefit" means anything reasonably regarded as economic gain or advantage including any other person in whose welfare the beneficiary has interest in.

PART 6 - Civil Infractions Against the Person

Section 4.6.10. Assault or Aggravated Assault.

A person commits the civil infraction of Assault if he:

(A) causes bodily injury to another; or

(B) causes serious bodily injury to another; or

(C) threatens another with imminent bodily injury; or

(D) causes physical contact with another when the person knows or should reasonably believe that the other person will regard the contact as offensive or provocative; or

(E) uses or exhibits a weapon during the commission of the assault; or

(F) forcibly assaults, resists, opposes, prevents, impedes, intimidates, or interferes with any authorized tribal law enforcement official lawfully discharging an official duty.

4.6.11. Civil Penalty.

An infraction committed under this section is:

Class C Civil Infraction if committed under subsection(s) a, c or d; or

Class B Civil Infraction if committed under subsection(s) b; or

Class A Civil Infraction if committed under subsection(s) e or f.

4.6.12. Definitions.

As used in this section.

"Assault" as used in this section incorporates common law assault, common law battery and/or common law assault and battery.

"Bodily Injury" means:

(A) a cut, abrasion, bruise or burn;

(B) physical pain;

(C) illness;

(D) impairment of a function of a bodily member, organ, or mental facility; or

(E) any other injury to the body, no matter how temporary.

"Serious Bodily Injury" means bodily injury, which involves:

(A) a substantial risk of death;

(B) extreme physical pain or disfigurement;

(C) protracted loss or impairment of the function of a bodily member, organ, or mental facility.

Section 4.6.20. Harassment.

A person commits the civil infraction of Harassment if, with intent to harass, annoy; alarm, abuse, torment or embarrass another, he;

(A) initiates communication by telephone or in writing and in the course of the communication makes a comment, request, suggestion or proposal that is obscene or false;

(B) threatens, by telephone or in writing, in a manner reasonably likely to alarm the person receiving the threat, to inflict serious injury against the person, a member of his family, or his property;

(C) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyer to be false, that another person has suffered death or serious bodily injury;

(D) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass or offend another;

(E) knowingly permits a telephone under his control to be used by a person to commit an infraction under this section;

(F) intentionally subjects another to sexual harassment; or

(G) intentionally stalks another; or

(H) commits any of the above mentioned subsections towards the Tribal Police Department or Tribal Police Department member.

4.6.21. Civil Penalty.

An infraction committed under this section is a:

Class C Civil infraction if committed under subsection(s) a and d. Subsection e is also a Class C infraction unless h includes subsection c in which case it becomes a Class B infraction.

Class B Infraction if committed under subsection(s) f; or

Class A Infraction if committed under subsection(s) b, c, or g.

4.6.22. Definitions.

As used in this section.

"Obscene" means containing a patently offensive description of or a solicitation to commit an ultimate sex act including, but not limited to, sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

"Stalking" means that on more than one occasion a person engages in conduct directed specifically toward another person, including following that person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass that person.

"Sexual Harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

Section 4.6.30. Endangerment of a Child.

A person commits the civil infraction of endangerment of a child if he abuses or neglects the child.

4.6.31. Civil Penalty.

An action under this section is a Class A infraction.

4.6.32. Definitions.

As used in this section.

"Abuse" includes the following acts or omissions:

(A) by any person causing a mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;

(B) by any person causing the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning;

(C) by any person responsible for a child's care, custody, or welfare permitting the child to be in a situation in which the child sustains a mental or emotional injury that results in an observable and material impairment in the child's growth, development, or psychological functioning;

(D) by any person causing physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm;

(E) failure by any person responsible for a child's care, custody, or welfare to make a reasonable effort to prevent sexual conduct harmful to a child;

(F) sexual conduct by any person harmful to a child's mental, emotional, or physical welfare;

(G) failure by any person responsible for a child's care, custody, or welfare to make a reasonable effort to prevent sexual conduct harmful to a child;

(H) by any person compelling or encouraging the child to engage in sexual' conduct;

(I) by any person causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene or pornographic; or,

(J) by any person doing any other act that tends to debase or injure the morals, heath or welfare of a child including, but not limited to supplying or encouraging a child to use alcohol, controlled substances, or inhalants; permitting a child to enter or remain in any house, building, or other place where alcohol, controlled substances, or inhalants are kept, consumed, or sold; encouraging or permitting a child to enter or remain in any house, building or other place where prostitutes, gamblers, or thieves are permitted to enter and ply their trade; encouraging or permitting a child to associate with thieves and immoral persons; encouraging or assisting the child in any criminal act; and encouraging or causing a child to leave home or the custody of his parents, guardians, or persons standing in lieu of his parents or guardian without first receiving their consent or against their will.

"Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person.

"Neglect" includes:

(A) the leaving of a child by any person responsible for a child's care, custody, or welfare in a situation where the child would be exposed to a substantial risk of mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;

(B) the following acts or omissions:

(i) by any person placing a child in a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child;

(ii) by any person responsible for a child's care, custody, or welfare failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child;

(iii) by any person responsible for a child's care, custody, or welfare to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child;

(iv) by any person responsible for a child's care, custody, or welfare failing to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused; or

(v) by any person responsible for a child's care, custody, or welfare failing without good cause to ensure that the child attends school in accordance with the rules of the school district in which the child is enrolled;

(vi) by any person placing a child in a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or,

(vii) by any person responsible for a child's care, custody, or welfare failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or.

(C) the failure by the person responsible for the child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away.

"Obscene" means material or a performance that:

(A) the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;

(B) depicts or describes

(i) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, acts or simulated, including sexual intercourse, sodomy, and sexual bestiality; or

(ii) patently offensive representations of descriptions of masturbation, excretory functions, sadism masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs; and

(C) taken as a whole, lacks serious literary, artistic, political, and scientific value.

"Person responsible for a child's care, custody, or welfare" means a person who traditionally is responsible for a child's care, custody, or welfare, including among others:

(A) a parent, guardian, managing or possessory conservator, or foster parent of the child;
(B) a member of the child's family or household; and.

(C) a person with whom the child's parent cohabits.

"Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

"Sexual conduct" includes deviate sexual intercourse, sexual contact and sexual intercourse.

"Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

PART 7 - Drinking & Drug Civil Infractions

Section 4.7.10. Chemical Intoxication.

A person commits the civil infraction of Chemical Intoxication if he:

(A) inhales, ingests, applies, uses, or possesses a substance containing a volatile chemical, abusable glue or aerosol paint with the intent to inhale, ingest, apply, or use the substance in a manner:

(1) contrary to directions for use, cautions, or warning appearing on a label of a container of the substance; and

(2) designed to:

(a) affect the person's central nervous system;
(b) create or induce a condition of intoxication, hallucination, or elation; or

(c) change, distort, or disturb the persons eyesight, thinking process, balance, or coordination.

(B) sells, offers for sale, delivers or gives to any person under the age of 18 years any volatile chemical, abusive glue or aerosol paint.

4.7.11. Civil Penalties.

An infraction under this code is subject to a Class B infraction unless it is committed under subsection b in which case it becomes a Class A infraction.

4.7.12. Definitions.

As used in this section.

"Abusable glue or aerosol paint" means glue or aerosol paint that is:

(A) packaged in a container holding a pint or less volume or less than two pounds by weight; and

(B) labeled in accordance with the labeling requirements concerning precautions against inhalation established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.).

"Aerosol Paint" means any aerosolized paint product, including a clear or pigmented lacquer or finish.

"Volatile Chemicals" means volatile solvents of one of the following generic types:
aromatics, alcohol's, keytones, esters, ethers, halogenated hydrocarbons, isocyanates, tetra, hydro furans, diethyl sulfates, alkyloitirles and elene oxides.

Section 4.7.20. Illegal Drugs.

A person commits the Civil Infraction of illegal Drugs if he:

(A) possesses or consumes; or

(B) manufactures or distributes any of the following:

1. dangerous drugs;

2. any drug identified as a controlled substance,

3. a narcotic drug;

4. marihuana; or

5. any drug paraphernalia;

4.7.21. Civil Penalty.

An infraction committed under subsection "a" is a Class B infraction unless committed under subsection b in which case it becomes a Class A infraction.

4.7.22. Definitions.

As used in this section.

"Controlled Substance" means any drug or other substance under the provisions of Chapter 13, Title 21, Section 802, "Controlled Substance" of the United States Code.

"Dangerous Drug" means any drug that is included in Chapter 13, Title 21 Section 802, "Dangerous Drug" schedules I, II, III, IV, and V of the United States Code. The terms include a device or a drug that bears or is required to bear the legend:

A. Caution: federal law prohibits dispensing without prescription, or

B. Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian.

"Drug Paraphernalia" means any equipment, product, object or container used or intended for use to cultivate, plant, maintain, manufacture, package or store an illegal drug in violation of this section or inject, ingest, inhale or otherwise introduce an illegal drug into the human body in violation of this section, regardless of the material composition of the instrument used for such purposes.

"Marihuana" means all parts of the plant Cannabis sativa L. whether growing or not; under the provisions of Chapter 13, Title 21, Section 802, "Marihuana" of the United States Code.

"Narcotic Drug" means any drug under the provision of Chapter 13, Title 21, Section 802, "Narcotic Drug" of the United States Code.

Section 4.7.30. Intoxication on Tribal Property.

A person commits the civil infraction on Intoxication on Tribal Property if he appears intoxicated on Tribal Property to the degree that the person may endanger himself or another.

4.7.31. Exceptions.

It is an exception under this section if the alcohol or other substance was administered for therapeutic purposes and as part of the person's professional medical treatment by a licensed physician.

4.7.32. Civil Penalty.

An infraction under this section is a Class C infraction.

4.7.33. Definitions.

As used in this section.

"Intoxication" means not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances or any other substance into the body.

PART 8 - Health and Safety

Section 4.8.10. Littering & Waste Management.

A person commits the civil infraction of Littering & Waste Management if he:

(A) deposits, throws, dumps, discards, abandons, leaves any litter on any tribal or private property; or

(B) improperly stores, contains or disposes of solid waste or litter generated on or accumulated on or at a private property where it will cause a public nuisance or health hazard, by causing foul odors to escape or by infestation of insects or rodents; or

(C) illegally dumps, discards, abandons, leaves any litter on any tribal or private property weighing more than 5 pounds or has a volume of more than 5 gallons; or

(D) illegally dumps, discards, abandons leaves any hazardous waste on any tribal or private property.

4.8.11. Exceptions.

(A) Such property is an area designated by the law for the disposal of such litter and such person is authorized by the proper tribal authority to do so; or

(B) The litter is placed in a receptacle or container installed for such use by the Tribe or such person placing litter in it; or

(C) The owner, agent, and occupant of any premises where trash containers are located keep such containers or receptacle in a clean and sanitary condition.

4.8.12. Civil Penalty.

An infraction committed under this section is a

Class C infraction unless committed under subsections C or d of this code in which case it becomes a Class A infraction.

4.8.13. Definitions.

As used in this section;

"Container" means a manually or mechanically emptied container used for the temporary storage of solid waste between collections as described in the El Paso Municipal Code Chapter 9.04, and as amended.

"Hazardous Waste" means any sold waste identified or listed as hazardous by the administrator of the U.S. Environmental Protection Agency (EPA) pursuant to the Federal Solid Waste Disposal Act; as amended by the Resource Conservation and Recovery Act 42 U.S.C. 6901 et seq.; and as amended.

"Litter" means all rubbish, waste materials refuse, garbage, trash debris, or other foreign substances, solid or liquid, of every form, size and kind.

Section 4.8.20. Junk Motor Vehicles.

A person commits the civil infraction of junk motor vehicle if he:

(A) keeps on his property a junk vehicle, including a part of a junked vehicle, that is visible from tribal property or tribal property right of way and:

1. is detrimental to the safety and welfare of the Pueblo community;

2. tends to reduce the value of private property;

3. invites vandalism;

4. creates a fire hazard;

5. is an attractive nuisance creating a hazard to the health and safety of minors;

6. produces urban blight adverse to the maintenance and continuing development for the Pueblo community; or,

7. is a Pueblo community nuisance; or

(B) causes or maintains such Pueblo community nuisances by wrecking, rendering inoperable, abandoning or discarding his or their vehicle, vehicles or vehicle parts on the property of another or to suffer, permit, or allow the same to be placed, located, maintained, or exist upon his or their own real property.

4.8.21. Exceptions.

The provisions of this section shall not apply to:

(A) vehicle that is completely enclosed within a building in a lawful manner where it is not visible from the street or other tribal property or private property;

(B) It is not an exception to cover a junked vehicle with a tarp or other similar material or to place the junked vehicle behind trees or shrubbery, as it does not abate the Pueblo community nuisance.

4.8.22. Civil Penalty.

An infraction under this section shall result in the removal of the vehicle according to following procedure:

4.8.23 Procedure.

Upon complaint or upon his own initiative, the designated tribal official may officiate appropriate action to remove the junked motor vehicle by:

(A) notice by certified letter or signed affidavit of service to the occupant of the property on which the junk motor vehicle is located or the owner of the junked motor vehicle;

(B) the notice must state the junked motor vehicle must be removed or repaired within ten (10) days of the receipt of such notice; that a request for a hearing must be made by said owner or occupant before the expiration of the ten day time period from the receipt of the notice;

(C) if at that expiration of the notice the junked motor vehicle has not been removed or repaired, certified mail or hand delivered notice will be issued with a twenty four (24) hour deadline given to the correct the violation;

(D) if at the end of the twenty four (24) hour period the vehicle in question has not been removed or repaired, the designated tribal official will be notified and removal of the vehicle will proceed by towing at the owner's cost.

(E) If a hearing is requested:

1. it shall be held by the Tribal Court or by a Hearing Officer appointed by the Tribal Council

2. notice of the hearing shall be sent by certified mail to the last known registered owner or occupant not less than five days before the date of the hearing.

4.8.24. Definitions.

As used in this section.

"Junked vehicle" means every self-propelled mechanical device, in, upon or by which any person or property is or may be transported or drawn upon a highway, including motor vehicles, commercial motor vehicles, trucks-tractors, trailers, and semi-trailers, but excepting devices moved by human power or used exclusively upon stationary rails or tracks, and which:

(A) Is inoperative; and

(B) 1. Does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, or

2. Is wrecked, dismantled, partially dismantled or discarded, or

3. Remains inoperable for a continuous period of more than forty-five days.

Section 4.8.30. Abandoned Motor Vehicles.

A person commits the civil infraction of abandoned motor vehicle if he is the owner or operator of a motor vehicle which is abandoned in any of the following ways:

(A) Is inoperable or junked (see section 4.8.20) and has been left unattended on tribal property for more than 48 hours;

(B) has remained illegally on tribal property for more than 48 hours;

(C) has remained on private property without the consent of the owner or person in charge for of the property for more than 48 hours;

(D) has been left unattended on the right-of-way of a designated tribal, county, state, or Federal highway for more than 48 hours.

4.8.31. Civil Penalty.

An infraction under this section shall result in the removal of the vehicle according to the following procedure.

4.8.32. Authority to Remove, Preserve, and Store Abandoned Motor Vehicle.

(A) A. designed tribal official may take an abandoned vehicle into custody.

(B) A designated tribal official may use tribal personnel equipment, and facilities or contract for other personnel, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle.

4.8.33. Procedure.

The following procedure shall be used for any abandoned vehicle taken into custody:

(A) A designated tribal official shall send notice of abandonment by certified letter or signed affidavit of service to the last known registered owner of the vehicle,

(B) The notice shall state the following:

1. that the abandoned vehicle has been removed, preserved, and stored;

2. inform the owner of his right to reclaim the vehicle by paying all reasonable removal, preservation, and storage fees;

3. inform the owner that a request for a hearing must be made by the owner before the expiration of the ten (10) day period from the receipt of the notice, and

4. state that the failure of the owner to reclaim the vehicle or request a hearing the required time period is a waiver by the owner of all right, title, and interest in the vehicle and consent to the sale or disposal of the vehicle.

(C) If a hearing is requested:

1. it shall be held by the Tribal Court or by a Hearing Officer appointed by the Tribal Council; and

2. notice of the hearing shall be sent by certified mail or personal service to the last known registered Owner, not less than five (5) days before the date of the hearing.

(D) If at the end of the ten (10) day period provided in the notice to the owner, he has not either reclaimed the vehicle or requested a hearing on the matter, then a designated tribal official may do the following:

1. sell the vehicle at public auction, or

2. dispose of the vehicle

4.8.34. Definitions.

As Used in this Section,

"abandoned vehicle" means every self-propelled mechanical device, in, upon or by which any person or property is or may be transported or drawn upon a highway, including motor vehicles, commercial motor vehicles, truck s-tractors, trailers, and semi-trailers, but excepting devices moved human power or used exclusively upon stationary rails or tracks, and which are abandoned as set forth in section 4.8.31

Section 4.8.40. Animal Control.

It is a civil infraction for any person owning or having charge, care or custody of any animal to:

(A) fail to comply with the El Paso City/County Health Authority Rules and regulations regarding the keeping and maintenance, care and vaccination of animals within the county of El Paso;

(B) keep more than 2 dogs, cats or combination thereof in any residential dwelling within the boundaries of the Ysleta del Sur Pueblo.

1. Any person wishing to keep any litter resulting from pet dogs or cats must register the litter with Ysleta del Sur Pueblo Housing Department or Tribal Council.

2. Litters shall be disposed of within 2 months from the date of birth

(C) keep any livestock including equine, bovine, swine, goat, sheep, yard fowl or exotic animal within the Ysleta del Sur Pueblo regardless of the color, breed, or age of the prohibited animal.

1. Any person wishing to keep any of the above referenced livestock temporarily must apply for a permit from the Ysleta del Sur Pueblo Housing Department or Tribal Council prior to bringing such animal within the boundaries of the Ysleta del Sur Pueblo.

2. No person shall be issued a temporary livestock permit to exceed (7) days.

(D) fail to register dogs and cats with the appropriate tribal agency. Registration shall include:

1. evidence that the dog, cat or animal is currently immunized against rabies stating the date of expiration;

2. the name, breed and color;

3. neutered, not neutered, spayed or not spayed;

4. the owner's name, address and phone number;

5. certificate(s) of registration issued to the owner,

6. a duplicate copy of all documents, filed by the registering agency;

(E) to keep an American Pit Bull, American Staffordshire Terrier, a Staffordshire Bull Terrier or a mix of such breed, or any dog that is known or should have reasonably been known to be a vicious animal, unless the owner of such dog:

1. registers such dog with the Housing Authority or Tribal Council; and

2. acquires and provides evidence of financial responsibility in the form of liability insurance coverage in the minimum amount of $25,000 and remains in effect for as long as the dog remains and/or is registered within the Ysleta dcl Sur Pueblo.

(F) allow the animal to run at large on the Reservation. That person shall keep such animal exclusively upon his own premises by means of physical restraint.

(G) keep any animal causing frequent or long continued noise that shall disturb the comfort and repose of any person of ordinary sensibility within the vicinity;

(H) keep any animal in such a manner as to endanger the public health or as to annoy neighbors by the accumulation of droppings and putrescible materials or which cause offensive odor;

(I) keep any animal which deposits body waste upon, or destroys by chewing, scratching or digging property other than that of the owner of such animal;

(J) keep any animal pens, stables or enclosures in such a manner which from neglect have become offensive; or

(K) to permit an animal to defecate upon tribal property or upon the property of another.

4.8.41. Exception.

It is an exception to subsection C that such animal may be off such premises if it is under the direct physical control of a competent person.

4.8.42. Enforcement.

For the purpose of discharging the duties imposed by this title and to enforce its provisions, any officer is empowered at all reasonable times and upon presentation of appropriate credentials, to enter upon any premises upon which an animal is kept or harbored and to demand the exhibition of appropriate registrations, licenses or proof of liability insurance when applicable.

4.8.43. Civil Penalty.

An infraction under this section is a Class C Civil Infraction. A person in violation of the Animal Control Code may be required to remove the animal off Reservation premises at the discretion of the Court.

4.8.44. Definitions.

As used in this section.

"Animal" means any living animal except human beings and includes without limiting the generality thereof mammals, reptiles, birds and fish. When referring specifically to the control of rabies, "Animal" refers only to mammals such as dogs and cats.

"Owner" means any person who owns, harbors, keeps or causes to be harbored or kept or has in his care, custody or control on or about his premises any animal.

Section 4.8.50. Home Occupation Permits.

1. No person living in the tribe's residential area may engage in any home occupation. Upon application to the Tribe for a Home Occupation permit, the Tribal Council shall make a determination whether the proposed home occupations in the best interest of the health, safety and welfare of the Tribe, and does not present a danger or hazard to the residential area.

2. Should the Tribal Council grant the Home Occupation Permit, the home occupation shall be subject to the following restrictions:

a. No more than three (3) people may be engaged in a home common as single dwelling unit;

b. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, and there shall be no open storage of business related equipment or supplies;

c. Flammable products are prohibited to be stored at the residence, except as allowed by the Tribal Police Department or authorized agency;

d. The home occupation shall not generate traffic in excess of that reasonable for a residential neighborhood;

e. No equipment or process shall be allowed in connection with a home occupation which creates noise, vibration, glare; fumes; odors or electrical interference, or other nuisance, detectable in adjacent areas, or which creates any visible or audible interference in any radio or television signals off premise;

f. Signs shall not be permitted to advertise the business or its products, except for a name plate no larger than 12" high by 24" wide, non-illuminated, mounted flush against the building; and,

g. Storage in connection with any home occupation shall be totally enclosed within the home and limited to items, which have been ordered by a customer, but have not been delivered to such customer. Storage shall not exceed eight percent (8%) of the floor area of the residence, not to exceed two hundred square feet.

h. The Tribal Council, upon thirty (30) days written notice, shall have the right to require the home occupation use to be discontinued, for any reason.

4.8.51. Civil Penalty.

An infraction under this section is a Class C Civil Infraction.

4.8.60. Tobacco Prohibitions.

It is a civil infraction for any individual, entity, or organization:

(A) to sell tobacco and/or tobacco products from or on the tribe's reservation or its land other than the Pueblo itself acting by and through the Tribal Council;

(B) sell, offer for sale, deliver, or give to any person under the age of 18 years any tobacco or tobacco product.

4.8.61 Civil Penalty.

An infraction under this section is a Class C Civil Infraction unless committed under subsection B in which case it becomes a Class B Civil Infraction.