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Definitions

1.03

 

The following definitions will generally apply:

 

 (a)  Breach of Peace. Any conduct which results in destroying or menacing public order and tranquility and may include acts of violence or acts or words likely to produce violence, as well as acts or conduct that threaten the public peace.

 

 (b)  Civil Infraction. A violation of tribal law as set forth in all ordinances enacted by the Tribe.

 

 (c)  General Council. All adult (18 years old and older) voting members of the Tribe.

 

 (d)  Private Property. Any property owned in fee, individual land where title is    held in the name of the United States in trust for the individual (allotments), and, for purposes of tribal ordinances only, tribal trust land issued to tribal members (assignments), or other tribally controlled lands not held in trust for the Tribe.

 

 (e)  Probable Cause. The existence of facts and circumstances within one’s knowledge and of which one has reasonably trustworthy information sufficient to cause a reasonable person to believe that a violation of tribal law has been committed.

 

 (f)  Reservation. The Torres Martinez Indian Reservation, established by Executive Order on May 15, 1876. An Act of February 11, 1903 (32 Stat. 822; c. 542) added 640 acres of State lands to the Reservation in     exchange for lands to be set apart for the Torres Band under the Act of    January 12, 1891 (26 Stat. 712-14; c. 65). The territory of the Desert Cahuilla Tribe includes the lands within the boundaries of the Torres Martinez Indian Reservation, including any lands which may hereinafter be added to the Torres Martinez Indian Reservation by any means.

 

 (g)  Tribal Code Enforcement Officer. Any individual designated by the Tribe to enforce a specific tribal code for a specific purpose. A “Tribal Code Enforcement Officer” is not a “Tribal Law Enforcement Officer” unless specifically designated as such under a specific section of tribal law.

 

 (h)  Tribal Court. Any court established in accordance with Article XXII of the Tribe’s Constitution. The General Council may elect to enter into a contractual agreement to participate in an inter-tribal court system to provide judicial services to the Tribe, its members, and others subject to tribal jurisdiction. A tribal court, whether created by the Tribe or contracted, shall have the power to interpret and apply the Constitution, statutes, ordinances, resolutions, common law, and customary law of the Tribe and any other applicable laws.

 

 (i)  Tribal Property. As used in all tribal ordinances, all property held by the United States government in trust for the Tribe. “Tribal Property” does not include individual tribal assignments unless specifically included.

 

 (j)  Tribal Law Enforcement Officer. Any individual designated by the Tribe to enforce its tribal ordinances and to act as a law enforcement officer for the Tribe. A “Tribal Law Enforcement Officer” does not include a “Tribal Security Officer” or “Tribal Code Enforcement Officer” unless specifically included.

 

 (k)  Tribal Security Officer. Any individual designated by the Tribe to provide security at a specific location and/or for a specific purpose. A “Tribal Security Officer” is not a “Tribal Law Enforcement Officer” unless specifically designated as such under a specific section of tribal law.