26.11.500 Violations; Prima Facie Evidence

(a) The following shall be prima facie evidence in any prosecution under this article:

(1) As to tenants, and owner if owner resides on the premises, if law enforcement has been notified twice or more in day or failure to disperse continues the following day, and law enforcement is called upon to enforce the terms of this ordinance either by citizen complaint or by personal investigation of peace officer.

(2) If the owner does not reside at the premises, if after owner receives verbal notice of three violations of this ordinance by his/her tenants at any premises owned by owner in the city of Belcourt, North Dakota or any other residential, commercial, or industrial property owned by owner within the exterior boundaries of the Turtle Mountain Band of Chippewa Indians within a six-month period, and after receipt of such written notice, the Belcourt Police Department is called upon to enforce this ordinance either by citizen complaint or by personal investigation of a peace officer.

(3) Noise of such volume as to be clearly audible at a distance of 50 feet from the structure or building in which the party or gathering is occurring, or in the case of apartment buildings, in the adjacent hallway or apartment, shall be prima facie evidence of unreasonable noise in violation of this chapter.