26.20.170 Dump Sites; Declared a Public Nuisance; Fire Hazard; Penalties; Evidence

On lands under the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians:

(a) Any property or home site containing an open dump site, piles of household garbage, waste, old furniture, used tires, demolition debris, construction debris, or pit used to burn these items shall be declared a Public Nuisance due to: inherent fire and explosion hazards; disease carried by flies, mosquitoes and rodents; health hazards; contamination of the environment; and, a cause for wildfires when burned.

(b) Any person who: causes, allows, maintains, or has knowledge of any open dump site or open piles of garbage or debris on trust lands which he or she own, lease, are in possession of, or control; shall be responsible for site cleanup, clearing flammable weeds, brush and debris around any such open dump or piles; and for any fires that occur from their dump site or garbage pile(s).

(c) Penalties: Any person having caused, maintained or allowed any open dump site or garbage pile that catches fire on their property of which he or she are in possession of or control; fails to contain and control the same, regardless of whether or not the person is responsible for the starting or existence thereof; shall be guilty of a Class 1 offense. If such fire originating from such person's open dump site or garbage pile spreads out of control into any nearby forest, prairie, grassland, cropland or surrounding vegetation, such person shall be found guilty of a Class 2 offense. Such person shall also be held financially responsible for any fire suppression and cleanup costs.

(d) If any fire starts and/or spreads from any persons open dump site, garbage pile, or garbage pit, that shall be considered prima facie evidence of an offense under this Subsection of Section 19 of this title.