Statutes | Fort McDermitt Paiute and Shoshone Tribe Chapter 7 ยง34 | 2019

(1) Trespass. Any person who willfully and knowingly enters and remains on property of another, without permission from the lawful lessee, assignee, or tenant, is guilty of a Class B offense.

 

(2) Aggravated Trespass. Any person who shall willfully and knowingly enter and remain on property of another, when entry is accomplished by either force or violence, or if he intends to cause or causes annoyance or injury to another person, or commits another offense thereon, is guilty of a Class C offense.

 

(3) Livestock Trespass. Any owner or possessor of livestock who willfully or knowingly permits such livestock to run at large on public domain lands of the Fort McDermitt Reservation through failure to maintain such livestock or animal, is guilty of a Class B offense.

 

    a. Liability of owners of livestock injuring persons or property of others. The owner or possessor of any livestock may be held liable for any livestock that inflicts damage or injury to:

        i. Motor vehicles or their occupants on any paved roadway within an open range area of the reservation in which proper signs indicating an open range are posted and plainly visible to individuals approaching the entrance of such area or

        ii. The crops or other property of another or trespasses upon the lands or premises of another.

 

b. The owner or possessor of any livestock that inflicts damage to property of another or trespasses upon the fenced lands of another, is liable to the persons sustaining the injuries, for all damages suffered by such owners, together with the costs of the action to recover damages, and reasonable fees allowed by the Tribal Court. Any person owning or having charge of any livestock that goes through, over, or under any lawful fence is liable for all resulting damages. Any livestock that goes through, over, or under a lawful fence is deemed trespassing livestock.

 

Source: T.C. Resolution FM-89-05-044 Amendment: FM00-008-053