CHAPTER 20-9
CIVIL TRESPASS ORDINANCE
20-9-1 Purpose
The purpose of this Ordinance is to set forth law governing occupation of Premises and lands within and above the Prairie Band Potawatomi Nation Reservation, to deter and prevent trespass on the Reservation and to exclude trespassers in an orderly and expeditious manner.
(Enacted by PBP TC No. 2025-354, October 30, 2025)
20-9-2 Applicability
Except as otherwise expressly provided, this Ordinance applies to the unlawful occupation or use of Premises and lands within the Reservation.
(Enacted by PBP TC No. 2025-354, October 30, 2025)
20-9-3 Definitions
(A) “Enter or remain unlawfully” means: (a) To enter or remain in, or upon premises when the premises, at the time of such entry or remaining, are not open to the public, or when the entrant is not otherwise licensed, permitted, or privileged to do so; or (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge.
(B) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.
(C) “Person in charge” means a person, his representative or his employee who has lawful control of Premises by ownership, tenancy, official position or other legal relationship. It includes, but is not limited to, the person, or holder of a position, designated as the person or position holder in charge by the Tribal Council.
(D) “Premises” includes any building, real property, or airspace, owned by the Nation or owned by the United States Government in trust for the Nation, or controlled by the Nation.
(E) “Reasonable Force” means the force reasonably necessary to terminate the civil trespass.
(F) “Trespasser” means any person using, possessing, or occupying, any Premises without a lease, permit, or other written approval or authorization of the Tribal Council.
(Enacted by PBP TC No. 2025-354, October 30, 2025)
20-9-4 Trespass
A person is liable and subject to citations for fines, civil damages or exclusion as prescribed in this Ordinance if they:
(A) Without written authorization from the Nation or Bureau of Indian Affairs:
(1) Removes, extracts, uses, consumes, or destroys any mineral resources, gravel, sand, soil, vegetation, antlers, or hides of wild game or improvement on any Premises:
(2) Grazes livestock on any Premises;
(3) Uses, occupies, or constructs improvements or structures on any Premises;
(4) Uses or occupies any Premises;
(5) Knowingly or willfully uses any Premises for commercial gain without permit, license or otherwise authorized by the Nation;
(6) Appropriates, alters, injures, or destroys any historical, pre-historical, archaeological, or paleontological resource on any Premises;
(7) Takes or attempts to take wildlife on any Premises without authority or consent to do so under applicable Nation laws;
(8) Enters upon any Premises that is posted to prohibit trespassing, is fenced, or contains obvious outward signs of habitability without permission of the owner or the owner’s agent; or
(9) Engages in an unauthorized flight over, through, or across any Premises in violation of Title 36.
(Enacted by PBP TC No. 2025-354, October 30, 2025)
20-9-5 Damages
A person who performs any action described in section 20-9-4, above, is liable for damages, if applicable, in the amount of:
(1) Three times the value of the mineral or other resource removed, destroyed, or extracted;
(2) The value of any wildlife, fish or game taken by such person;
(3) Three times the value of the amount of damage committed; or
(4) Three times the consideration that would have been charged by the Nation for use of and any Premises during the period of trespass.
(Enacted by PBP TC No. 2025-354, October 30, 2025)
20-9-6 Civil Fines
In addition to damages described in section 20-9-5, a person found to have violated section 20-9-4 shall be assessed an additional civil fine by the Court of not less than one hundred dollars ($100.00) and no more than one thousand dollars ($1,000.00).
(Enacted by PBP TC No. 2025-354, October 30, 2025)
20-9-7 Deposit of Damages and Fines
Damages and fines collected under this Chapter shall be deposited in the General Fund of the Nation.
(Enacted by PBP TC No. 2025-354, October 30, 2025)
20-9-8 Enforcement
(1) Enforcement. The Nation’s Fish and Wildlife Division and other law enforcement officers of the Nation’s Tribal Police Department and of the Bureau of Indian Affairs shall enforce the provisions of this Title and shall investigate and gather information that may indicate that an act prohibited by this Chapter has occurred.
(2) Filing of Civil Action. The Nation’s Tribal Prosecutor may at their discretion initiate a civil action in the Nation’s District Court for damages and fines provided for in this Chapter or file a complaint for exclusion in accordance with Title 14, or both.
(3) Nothing herein shall limit the separate enforcement of any action for civil or criminal trespass under applicable Federal or Nation law.
(Enacted by PBP TC No. 2025-354, October 30, 2025)