10-21-85
STATUTES OF THE EASTERN BAND OF CHEROKEE INDIANS
Section 14-17. TOXIC WASTE DISPOSAL.
(a) The storage, burial or disposal of any nuclear refuse,
by-product, waste or radioactive material or any chemical or
other toxic refuse, by-product, waste or material within the
trust lands or any other lands of the Eastern Band of
Cherokee Indians is absolutely prohibited.
(b) Persons violating this Ordinance shall be punished by
mandatory imprisonment for six (6) months for each violation
together with a mandatory fine of $500 for each violation.
Persons not subject to the criminal jurisdiction of the
Cherokee Court who violate this Ordinance shall be subject to
civil actions for actual and punitive damages. All
non-members determined in violation of this Ordinance by
civil proceedings in the Cherokee Court may be banished from
the Cherokee Indian Reservation and shall be required to
forfeit all right to enter Cherokee trust lands. Persons
violating this Ordinance shall be required to bear the
expense of the removal and clean-up of all such materials.
(c) The provisions of this Ordinance shall not apply to the
maintenance and use of x-ray or other radioactive materials
for medical treatment by the Cherokee Indian Hospital,
physicians or dentists on the Cherokee Indian Reservation.
SOURCE: Ord. 8, eff. Oct. 21, 1985.
Section 20-1. TRAFFIC LAWS.
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(a) In order to insure consistency in the application and
enforcement of traffic laws on the Cherokee Indian
Reservation and in surrounding areas, the Tribe does adopt
the traffic laws and code of the State of North Carolina as
set forth in the North Carolina General Statues, Section
20-4.1 through Section 20-4.12; Section 20-28 through Section
20-29; Section 20-71; Section 20-114.1; Section 20-138
through Section 20-171; Section 20-216 through Section
20-218.2. All such laws shall be adopted and applied by the
Cherokee Court against all persons subject to the criminal
jurisdiction of the Cherokee Court. All such laws shall be
enforced by the North Carolina Highway Patrol, by federal law
enforcement officers and the Cherokee Police Department who
shall cite non-Cherokee Violators into the United States
Courts.
(b) These North Carolina laws are adopted subject to the specific
restrictions that any penalty provisions contained therein
exceeding six months imprisonment or a fine of more than five
hundred dollars ($500) shall not be applied, but that
penalties imposed by the Cherokee Court shall not exceed
those limitations established by the Indian Civil Rights Act,
25 U.S.C. Section 1302(7).
SOURCE: Res. 200, eff. Oct. 6, 1980; Ord 471, eff. Sep. 25, 1981; Ord
17, eff. Oct. 19, 19, 1983; Res 101, eff. Feb 4, 1986.
Section 131-8 PROHIBITED ACTS AND PENALTIES.
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(a) Any Indian person or firm who shall wilfully violate any
provision of this Ordinance or the Water Policy, including
the violation of any use permit, license or right exercised
under a lease, shall be guilty of a criminal offense and upon
conviction shall be fined and imprisoned in the discretion of
the court, with each offense not to exceed a fine of one
thousand dollars ($1,000) and imprisonment not to exceed six
(6) months.
(b) All persons or firms whose employees, owners or agents are
convicted of any such offense shall be subject to the
revocation, cancellation or termination of their use permit,
license, lease or other use right by the Tribal Business
Committee.
(c) Any person or firm not subject to the criminal jurisdiction
of the Cherokee Court who shall wilfully violate any term or
provision of this Ordinance, the Water Policy, any use
permit, license, lease or use right granted by or through the
Tribe, shall be subject to a civil fine of up to two thousand
dollars ($2,000) per violation, together with being subject
to revocation of Trader's License, use permit, license, lease
or other use right by the Tribal Business Committee. All
such civil fines shall be assessed by the Tribe through the
Tribal Business Committee and may be enforced by civil suit
in the Cherokee Court.
SOURCE: Ord. 25, eff. Nov. 2, 1989.
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