3.11.280 Enforcement and Fines

Upon reasonable cause, or obtaining a warrant, the Bad River Natural Resources Department, and any agents, officers, or employees thereof, shall have authority to enter upon land within the Bad River Reservation for the purpose of performing their duties under this ordinance and may take or cause to be made such examinations, surveys, or sampling as the Bad River Natural Resources Department deems necessary.

(a) Law enforcement officials or other officials having police powers shall have authority to assist the wardens of the Bad River Natural Resource Department.

(b) Any person authorized to enforce the provisions of this ordinance may in a manner and at a reasonable time:

(1) conduct routine examinations, surveys, or sampling of objects, places, or persons whose conduct is regulated by this ordinance;

(2) search any object, place, or person if the person reasonably suspects there is a breach by this ordinance; and

(3) issue a citation on a form approved by the Tribe or Tribal Court to any person whose conduct is regulated by the provisions of this ordinance.

(c) Any person who, for himself or herself, or by his agent or employee, or who as an agent or employee of another, violates this ordinance shall be liable for a civil remedial forfeiture not to exceed $5,000 and costs of prosecution or by imprisonment for not more than ninety (90) days, or both such fine and imprisonment. Each day of any continuing violation may be charged as a separate violation, and a separate forfeiture may be imposed.

(d) In the event of a violation, the Bad River Tribal Court shall have the power to order wetland restoration and creation measures for the damaged or destroyed wetland area by the person or agent responsible for the violation. If the responsible person or agent does not complete such measures within a reasonable time following the order, the Bad River Tribe may restore the affected wetland to its prior condition and create or restore other wetlands for the purpose of off-setting losses sustained as a result of the violation. The person or agent responsible for the original violation shall be liable to the Bad River Tribe for the cost of such actions.

(e) Notwithstanding the existence or pursuit of any other remedy, the Tribal Council or any other person may maintain an action in Tribal Court for an injunction against person to restrain or prevent violations of this ordinance.

Jurisdiction over all matters arising under this ordinance shall be with the Tribal Court which shall adjudicate in accordance with the Tribal Court Code all questions and alleged violations involving this ordinance.