Statutes | Cherokee Code Part II Chapter 14 Article I ยง 14-1.2 | 2019
Other persons who enter the territorial jurisdiction of the Eastern Band of Cherokee Indians are expected to comply with the laws of the Eastern Band even if they are not subject to the criminal jurisdiction of the court. If the Tribe is restricted by federal Indian law from prosecuting such a person criminally, then the following civil remedies shall apply to any act by such a person that would otherwise constitute a crime under this chapter or any other criminal law applicable in the Tribes territory:
(1) If any victim has suffered actual damages as a result of the persons actions, then he or she may bring a civil action, at his or her own expense, against the person in the Cherokee Court for actual and punitive damages, and any other relief permitted by law.
(2) If the person holds a lease, license, permit or other authorization to operate within the Tribes territory, then that lease, license, permit or authorization may be terminated, after notice, hearing, and a finding that the violation occurred by the committee or agency that issued the lease, license, permit or authorization. Any such termination may be appealed to the Tribal Council, but such an appeal shall not be heard unless the person files a written notice of appeal with the Tribal Operations Program within 30 days after the committee or agency decision.
(3) If a person is arrested for an offense in violation of Article XIV.A. of this Chapter and where the arrest resulted in seizure of a controlled substance, such person shall be subject to the Controlled Substances Civil Penalty Fee described in Cherokee Code Chapter 27, as it may from time to time be amended.
(4) The Tribal Council may order the exclusion of any such person for any length of time that the council determines appropriate to protect the welfare of the Eastern Band, including permanent exclusion, after notice and a hearing pursuant to Chapter 2.
(Ord. No. 117, 3-3-2000 Ord. No. 260 , 8-18-2016)