26.20.210 Notice of Violation Authority; Mou; Intent; Standard Form

(a) If any authorized tribal fire warden or fire official determines that a person has violated: any of the provisions of this chapter; or, any open burning and fire regulations of the Turtle Mountain Band of Chippewa Indians; or, any conditions and terms a Burn Permit; or, has allowed any lawfully fire ignited to escape control; he or she shall issue a Notice of Violation indicating the statute or rule violated. This notice shall be filed with the issuing agency, with a copy to the appropriate law enforcement agency and to the office of the Tribal Prosecutor, for further action if necessary.

(b) The Turtle Mountain Tribe shall have the authority to enter into a mutual Memorandum of Understanding with BIA Law Enforcement and the BIA Turtle Mountain Agency to authorize Bureau employees to issue a Notice of Violation.

(c) It shall be the intent of this section that a Notice of Violation issued shall serve as an educational tool to inform violators, to document illegal burning activity and to serve to prevent further wildfires from careless burning. Nothing, however, shall prevent Law Enforcement to follow up with a citation or further action if he or she deem so necessary.

(d) A standard Notice of Violation form shall be cooperatively developed and agreed upon by the Turtle Mountain Tribe and the BIA Turtle Mountain Agency.