CHAPTER 15-6
PUBLIC NUISANCES

15-6-1 Public Nuisance Defined; Maintaining a Public Nuisance.

A public nuisance is a condition which involves a significant interference with or injury or endangerment to, the public health, public safety, public welfare, public peace or the public comfort. Any person who causes or permits such a condition to exist shall be maintaining a public nuisance. Public nuisance shall include, but not be limited to:

(A)    An automobile race track. Any person who owns or operates an automobile race track, or permits property under the person’s ownership or control through lease or otherwise to be used for the operation of an automobile race track, shall be maintaining a public nuisance. For purposes of this subsection the term “automobile” means a vehicle including a self-propelled bicycle, tricycle or the like, capable of carrying one or more passengers, carrying its own power-generating or propelling mechanism capable of travel on a road, track, course or other similar surface.

(B)    Prostitution. Any person who promotes prostitution shall be maintaining a public nuisance.

(C)    The sale or consumption of illegal narcotics. Any person who allows any building which the person owns or operates, or permits property under the person’s ownership or control through lease or otherwise, to be used for the sale or consumption of illegal narcotics shall be maintaining a public nuisance.

Any person determined to have maintained or be maintaining a public nuisance may be sentenced to labor or incarceration for a period not to exceed six months or to a fine not to exceed $5,000, or to any combination thereof and costs. The fines shall apply for each separate day the nuisance is maintained. In addition, the tribal Council is authorized to file a civil action in the district court of the Nation to abate or to enjoin the maintenance of a public nuisance.

15-6-2 Attempt; Conspiracy.

Any person who attempts or conspires to maintain a public nuisance may be sentenced to labor or incarceration for a period not to exceed six months or to a fine not to exceed $5,000, or to any combination thereof and costs. In addition, the tribal Council is authorized to file a civil action in the district court of the Nation to abate or to enjoin such attempt or conspiracy: