PHS.2.3.050 Penalties

(a) Warning.

(1) The first time a citizen or non-citizen is suspected of violating any provisions of this ordinance, the person shall be given a written warning and advised of the general requirements of this chapter and that a subsequent violation may result in the application of a penalty or forfeiture as provided in this section.

(2) Notwithstanding the provisions of Section PHS.2.3.050(a)(1) above, if an identified name or address is found on mail, a prescription bottle, or any other identifiable article in solid waste discarded in in violation of this ordinance, the citizen or non-citizen is hereby in violation of this ordinance subject to a rebuttable presumption and shall be issued a citation pursuant to Section PHS.2.4.050 of this ordinance and shall clean up the unlawfully discarded solid waste within three (3) days of the issuance of a citation.

(b) Prosecution.

(1) Any person who has been warned in the manner provided in Section PHS.2.3.050(a) above, and who thereafter violates any provisions of this ordinance shall, upon conviction thereof, forfeit not less than Twenty and 00/100 Dollars ($20.00) nor more than Five Thousand and 00/100 Dollars ($5000.00), together with the cost of prosecution.

(2) A citizen found guilty of violating this ordinance, whom has failed to pay a fine within the timeframe established by the Tribal Court or whom has failed to properly clean up the unlawfully discarded solid waste within three (3) days of the issuance of a citation pursuant to Section PHS.2.3.050(a)(2) of this ordinance shall have their hunting, fishing, trapping, and gathering rights (both on-reservation and off-reservation) revoked for the period of one (1) year from the date of the issuance of a citation.

(c) The LCO Transfer Station and Recycling Center shall not accept solid waste which is not properly placed into "LCO" clear plastic bags for non-recyclables and ordinary clear plastic bags for recyclable materials.

(d) Sanctions for dumping of hazardous solid waste materials shall be the suspension of the privilege to use the LCO Transfer Station and Recycling Center for a time period designated by the Tribal Court.

(e) Costs of clean-up, prosecution, and court fees shall be assessed upon conviction in the Lac Courte Oreilles Tribal Court, in addition to penalties for violating provisions of the Ordinance.