§ 4-803 Citations.
A. A Tribal Peace Officer has the authority to issue and serve a citation to any person if a Tribal Peace Officer has reasonably determined a violation of this chapter has been committed following an investigation or when an alleged violation occurred in the Peace Officer’s presence. Such citation must be served within thirty (30) days from the date of the violation.
B. Citations shall include the following:
1. A statement listing the provision of this chapter violated and a statement briefly describing the conduct at issue.
2. A statement listing any monetary penalty imposed pursuant to the schedule of fines.
3. A statement of how a person may contest the citation.
4. A statement that the person must respond within thirty (30) days from the date of service of the citation.
5. A statement that the failure to respond to the citation will result in a default judgment against the person in the amount of the monetary penalty issued plus any sanction imposed by the Tribal Court.
C. A citation shall be served on a person through personal service or by mailing the citation by certified mail, return receipt requested, addressed to the person at his or her mailing address if known, or such other place which is believed to give the occupant or owner actual notice of the citation. Service is deemed effective on the date of personal service or when the certified mail is delivered and confirmed via online confirmation from the USPS or upon receipt of the signed returned receipt.
D. A citation issued by a Tribal Peace Officer represents the Tribe’s official determination that a violation of this chapter has occurred. This determination is final unless the person served with a citation contests the citation as set forth in this chapter.
E. All citations must be filed with the Tribal Court within ten (10) days of being issued. (Res. 2022-47 (Exh. A); Res. 2020-92; Res. 2020-07. Formerly 4-703)