Resolution No. SI-R18-014: Abandoned Vehicle Act of 2018
At a duly called meeting of the Council of San Ildefonso Pueblo on the 24th day of July, 2018, the following Resolution was adopted:
WHEREAS, the Pueblo of San Ildefonso (Pueblo) is a sovereign and self-governing Nation, duly recognized by the United States of America, with the authority to govern its people, lands, and other resources; and
WHEREAS, the Pueblo has experienced an increasing number of abandoned cars and other vehicles on Pueblo Lands; and
WHEREAS, abandoned vehicles create an unsafe environment by fostering rodent infestation, chemical contamination, as well as creating a safety hazard for children and an eyesore within the community; and
WHEREAS, the Council has determined that eliminating abandoned vehicles from Pueblo Lands in a fair manner with proper safeguards provided to vehicle owners is in the best interest of the Pueblo.
NOW THEREFORE BE IT RESOLVED, that the Council hereby enacts the attached law entitled the, "ABANDONED VEHICLE ACT OF 2018."
ABANDONED VEHICLE ACT OF 2018
Section 1.1. Short Title
This enactment shall be known as the Abandoned Vehicle Act of 2018.
Section 1.2. Purpose
The purpose of this Act is to promote a safe, clean, and healthy environment by removing abandoned vehicles from Pueblo Lands.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) The Pueblo has experienced an increasing number of abandoned cars and other vehicles on Pueblo Lands; and
(b) Abandoned vehicles create an unsafe environment by fostering rodent infestation, chemical contamination, as well as creating a safety hazard for children and an eyesore within the community; and
(c) The Council has determined that eliminating abandoned vehicles from Pueblo Lands in a fair manner with proper safeguards provided to vehicle owners is in the best interest of the Pueblo.
Section 1.4. Abandoned Vehicle Act
Title 25 - TRAFFIC, of the Pueblo Code, shall be amended by adding the following new provisions:
Section 1.5. Definitions
(a) "Abandoned Vehicle" means any Vehicle that is inoperable, or has not been driven, or cannot be reasonably driven, for more than sixty (60) days and is located on any property within Pueblo Lands.
(b) "Act" shall mean the Abandoned Vehicle Act of 2018.
(c) "Antique Vehicle" shall mean an inoperable Vehicle that is more than twenty-five years old.
(d) "Vehicle" shall have the meaning as defined in Title 25 of the Code, and shall include Vehicles that cannot be drawn upon a public highway.
(e) "Officer" shall mean a law enforcement officer employed by the U.S. Bureau of Indian Affairs and/or an official designated by the Governor of the Pueblo to enforce this Act.
(f) "Person" shall have the meaning as defined in Title 25 of the Code.
(g) "Pueblo Lands" shall mean all lands and all interests in land within the exterior boundaries of the Pueblo including any additional lands by the Pueblo.
Section 1.6. Abandoned Vehicle Act Procedures
(a) Any Person or Persons who abandons any Vehicle on Pueblo Lands shall be cited by an Officer. An Officer shall make reasonable efforts to determine the Owner of the Abandoned Vehicle. If an Officer cannot determine the Owner of the Abandoned Vehicle, then the Officer shall issue a citation to the Person or Persons who own, rent, or hold a possessory interest in the property upon which the Abandoned Vehicle is located.
(b) Prior to issuance of a citation pursuant to Section 1.6(a):
1. If an Officer reasonably believes that an Abandoned Vehicle is located on Pueblo Lands, the Officer shall meet with the Owner or Owners of the Abandoned Vehicle, or the person responsible for the property where the Abandoned Vehicle is located, and provide a copy of this Act to the Owner, or the Person or Persons identified in Section 1.6(a) of this Act, with the date provided, and give verbal notice of a potential violation of this Act if the Abandoned Vehicle is not removed;
2. If, after fourteen (14) calendar days from the issuance of a verbal notification, the Officer determines that the Abandoned Vehicle has not been removed from Pueblo Lands, the Officer shall issue a citation as described in Section 1.6(a).
(c) An Owner of an Antique Vehicle shall not be required to remove the Vehicle from Pueblo Lands; provided, that the Owner certifies in writing to the Officer, or to the Court, that the Vehicle is an Antique Vehicle, and that the Owner continuously maintains the Vehicle in a clean and safe manner, and in such a way as to not create an eyesore within the community as determined by the Officer subject to review by the Tribal Court. A Person shall have no more than two Antique Vehicles.
(d) A Person cited by an Officer for a violation of this Act shall have sixty (60) days from the date of the citation to remove the Abandoned Vehicle from Pueblo Lands without sanction or fines. If the Person fails to timely remove the Abandoned Vehicle, then, upon request of the Officer, the Trial Court shall promptly hold a hearing to enforce the provisions of this Act; provided, that the Trial Court may provide a one-time extension of time not to exceed ninety (90) days for the Person to remove the Abandoned Vehicle. If the Person has failed to remove the Abandoned Vehicle as ordered by the Court, then the Trial Court shall promptly issue an order declaring the Abandoned Vehicle to be forfeited and authorizing the Abandoned Vehicle to be removed by the Pueblo with the reasonable costs of the removal to be assessed by the Court against the Person. Upon the issuance of an Order of Forfeiture by the Court, which shall designate the Pueblo as the owner of the Abandoned Vehicle, the Governor's Office shall promptly remove, or cause to be removed, the Abandoned Vehicle in question. The Governor's Office shall provide the Person cited and the Court with a copy of an itemized billing for costs incurred due to the removal of the Abandoned Vehicle within fourteen (14) days of removal, and the Person shall be responsible for the payment of such removal costs, including reasonable court costs, attorney's fees, and collection costs, and other costs as ordered by the Trial Court.
(e) The Governor, at his discretion, may request a Bureau of Indian Affairs Officer to be present at the time the Abandoned Vehicle is removed. Any person interfering with Court-ordered removal of an Abandoned Vehicle shall be subject to the civil and criminal jurisdiction of the Pueblo, including to prosecution under the laws of the Pueblo.
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on July 24, 2018, at a meeting with a vote of 8 in favor, 1 opposed, 0 abstaining and 1 absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
COUNCIL REPRESENTATIVE SPONSOR(S): Lt. Governor Terrence K. Garcia
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | X | |||
| Glenda Fred-Weahkee | X | |||
| Terrence K. Garcia | X | |||
| Thelma Gonzales | X | |||
| Thomas Gonzales | X | |||
| Raymond J. Martinez | X | |||
| Timothy A. Martinez | X | |||
| James L. Naranjo | X | |||
| Leon T. Roybal | X | |||
| Irene Tse-Pe | X |
DELIVERY OF THE RESOLUTION TO THE GOVERNOR:
Resolution No. SI-R18-014 was presented to the Governor of the Pueblo de San Ildefonso on the 24th day of July, 2018, pursuant to the Governing document of the Pueblo de San Ildefonso ("Agreement"), GOVERNOR, Sec. 4 (c), and will become effective after signature by the Governor or veto override by the Council.
Irene Tse-Pe, Council Secretary
{ } APPROVED
{ } VETO - RETURNED TO COUNCIL WITH EXPLANATION:
On this __________ day of ________________________, 2018.
Perry M. Martinez, Governor
Presented by the Governor to the Council on the ____ day of ____________, 2018.
Override of Governor's veto:
{ } YES
{ } NO
| COUNCIL REPRESENTATIVE | YES | NO | ABSTAIN | ABSENT |
|---|---|---|---|---|
| William S. Christian | ||||
| Glenda Fred-Weahkee | ||||
| Terrence K. Garcia | ||||
| Thelma Gonzales | ||||
| Thomas Gonzales | ||||
| Raymond J. Martinez | ||||
| Timothy A. Martinez | ||||
| James L. Naranjo | ||||
| Leon T. Roybal | ||||
| Irene Tse-Pe |
CERTIFICATION
The foregoing resolution was duly voted upon by the Council on _________________, 2018, at a meeting with a vote of ______ in favor, _____ opposed, _____ abstaining and _____ absent (Governor presiding and not voting) pursuant to the authority vested in the Council by the Agreement of the Pueblo de San Ildefonso.
Irene Tse-Pe, Council Secretary
ABANDONED VEHICLE ACT OF 2018
Section 1.1. Short Title
This enactment shall be known as the Abandoned Vehicle Act of 2018.
Section 1.2. Purpose
The purpose of this Act is to promote a safe, clean, and healthy environment by removing abandoned vehicles from Pueblo Lands.
Section 1.3. Findings
The Council hereby finds and declares that:
(a) The Pueblo has experienced an increasing number of abandoned cars and other vehicles on Pueblo Lands; and
(b) Abandoned vehicles create an unsafe environment by fostering rodent infestation, chemical contamination, as well as creating a safety hazard for children and an eyesore within the community; and
(c) The Council has determined that eliminating abandoned vehicles from Pueblo Lands in a fair manner with proper safeguards provided to vehicle owners is in the best interest of the Pueblo.
Section 1.4. Abandoned Vehicle Act
Title 25 - TRAFFIC, of the Pueblo Code, shall be amended by adding the following new provisions:
Section 1.5. Definitions
(a) "Abandoned Vehicle" means any Vehicle that is inoperable, or has not been driven, or cannot be reasonably driven, for more than sixty (60) days and is located on any property within Pueblo Lands.
(b) "Act" shall mean the Abandoned Vehicle Act of 2018.
(c) "Antique Vehicle" shall mean an inoperable Vehicle that is more than twenty-five years old.
(d) "Vehicle" shall have the meaning as defined in Title 25 of the Code, and shall include Vehicles that cannot be drawn upon a public highway.
(e) "Officer" shall mean a law enforcement officer employed by the U.S. Bureau of Indian Affairs and/or an official designated by the Governor of the Pueblo to enforce this Act.
(f) "Person" shall have the meaning as defined in Title 25 of the Code.
(g) "Pueblo Lands" shall mean all lands and all interests in land within the exterior boundaries of the Pueblo including any additional lands by the Pueblo.
Section 1.6. Abandoned Vehicle Act Procedures
(a) Any Person or Persons who abandons any Vehicle on Pueblo Lands shall be cited by an Officer. An Officer shall make reasonable efforts to determine the Owner of the Abandoned Vehicle. If an Officer cannot determine the Owner of the Abandoned Vehicle, then the Officer shall issue a citation to the Person or Persons who own, rent, or hold a possessory interest in the property upon which the Abandoned Vehicle is located.
(b) Prior to issuance of a citation pursuant to Section 1.6(a):
1. If an Officer reasonably believes that an Abandoned Vehicle is located on Pueblo Lands, the Officer shall meet with the Owner or Owners of the Abandoned Vehicle, or the person responsible for the property where the Abandoned Vehicle is located, and provide a copy of this Act to the Owner, or the Person or Persons identified in Section 1.6(a) of this Act, with the date provided, and give verbal notice of a potential violation of this Act if the Abandoned Vehicle is not removed;
2. If, after fourteen (14) calendar days from the issuance of a verbal notification, the Officer determines that the Abandoned Vehicle has not been removed from Pueblo Lands, the Officer shall issue a citation as described in Section 1.6(a).
(c) An Owner of an Antique Vehicle shall not be required to remove the Vehicle from Pueblo Lands; provided, that the Owner certifies in writing to the Officer, or to the Court, that the Vehicle is an Antique Vehicle, and that the Owner continuously maintains the Vehicle in a clean and safe manner, and in such a way as to not create an eyesore within the community as determined by the Officer subject to review by the Tribal Court. A Person shall have no more than two Antique Vehicles.
(d) A Person cited by an Officer for a violation of this Act shall have sixty (60) days from the date of the citation to remove the Abandoned Vehicle from Pueblo Lands without sanction or fines. If the Person fails to timely remove the Abandoned Vehicle, then, upon request of the Officer, the Trial Court shall promptly hold a hearing to enforce the provisions of this Act; provided, that the Trial Court may provide a one-time extension of time not to exceed ninety (90) days for the Person to remove the Abandoned Vehicle. If the Person has failed to remove the Abandoned Vehicle as ordered by the Court, then the Trial Court shall promptly issue an order declaring the Abandoned Vehicle to be forfeited and authorizing the Abandoned Vehicle to be removed by the Pueblo with the reasonable costs of the removal to be assessed by the Court against the Person. Upon the issuance of an Order of Forfeiture by the Court, which shall designate the Pueblo as the owner of the Abandoned Vehicle, the Governor's Office shall promptly remove, or cause to be removed, the Abandoned Vehicle in question. The Governor's Office shall provide the Person cited and the Court with a copy of an itemized billing for costs incurred due to the removal of the Abandoned Vehicle within fourteen (14) days of removal, and the Person shall be responsible for the payment of such removal costs, including reasonable court costs, attorney's fees, and collection costs, and other costs as ordered by the Trial Court.
(e) The Governor, at his discretion, may request a Bureau of Indian Affairs Officer to be present at the time the Abandoned Vehicle is removed. Any person interfering with Court-ordered removal of an Abandoned Vehicle shall be subject to the civil and criminal jurisdiction of the Pueblo, including to prosecution under the laws of the Pueblo.
