San Carlos Apache Criminal Ordinance
SECTION FIVE
OFFENSES AGAINST PUBLIC ORDER AND TRIBAL WELFARE
Section 5.1 Disorderly Conduct
A. A person commits Disorderly Conduct by:
1. Fighting or provoking a fight with another;
2. Disrupting any lawful public, private or religious meeting, including church services, revivals, camp meetings, and traditional ceremonials;
3. Using abusive, vulgar, or profane language, gestures or symbols likely to provoke or incite violence, unlawful conduct, or breach of the peace by others;
4. Abusing or threatening a person in a manner calculated to place him or her in fear of bodily harm;
5. Displaying a deadly weapon or discharges a firearm with the intent to cause alarm;
6. Lying or sleeping as a result of intoxication on any public street, alley, or in any other public place or upon private property without the consent of the
owner; or
7. Making unreasonable noise, day or night, which is annoying or disturbing to a reasonable person.
B. A person found guilty of Disorderly Conduct may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both,
with costs imposed at the discretion of the Court.
Section 5.2 Loitering
A. A person commits Loitering if, in a public place, he or she intentionally:
1. solicits another person to engage in any sexual offense in an offensive manner or in a manner likely to disturb the public peace;
2. solicits or engages in any business, trade, or commercial transactions involving the sale of merchandise or business without a business permit issued by the
San Carlos Apache Tribe;
3. begs for money, food or any other thing of value; or
4. gambles with cards, dice, or similar gambling devices.
B. A person found guilty of Loitering may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both, with costs
imposed at the discretion of the Court.
Section 5.3 Loitering Around a School
A. A person commits Loitering Around a School if, without lawful business or reason, he or she is present on or near the premises or within 300 feet of the
exterior boundaries of a school, day care, or place of learning where children or students are in attendance.
B. A person found guilty of Loitering Around a School may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 5.4 False Reporting
A. A person commits False Reporting if such person knowingly:
1. makes a false, fraudulent or unfounded report or statement to a law enforcement agency; or
2. misrepresents a fact for the purpose of interfering with the orderly operation of a law enforcement agency or misleading a peace officer.
B. A person found guilty of False Reporting may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both, with
costs imposed at the discretion of the Court.
Section 5.5 Refusing to Aid a Police Officer
A. A person commits Refusing to Aid a Police Officer if, after a request by someone reasonably known to be a police officer, such person knowingly refuses or
fails to aid the officer in:
1. making an arrest;
2. preventing another from committing an offense; or
3. otherwise carrying out his or her official duties.
B. A person found guilty of Refusing to Aid a Police Officer may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 5.6 Interfering with a Police Officer
A. A person commits Interfering with a Police Officer if such person knowingly engages in any conduct that tends to impair, obstruct, hinder or prevent a police
officer from discharging his or her official duties.
B. A person found guilty of Interfering with a Police Officer may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 5.7 Resisting Lawful Arrest
B. A person commits Resisting Lawful Arrest if such person intentionally uses or threatens to use physical force in order to prevent or attempt to prevent a
person reasonably known to be a police officer acting in an official capacity from effecting an arrest.
C. A person found guilty of Resisting Lawful Arrest may be sentenced to a period of imprisonment not to exceed 365 days, a fine not to exceed $5,000.00, or
both, with costs imposed at the discretion of the Court.
Section 5.8 Public Nuisance
A. A person commits Public Nuisance if he or she knowingly allows anything that is harmful to health or that is indecent of offensive to the senses to interfere
with the comfortable enjoyment of life or property by an entire community, by a neighborhood, or by an individual.
B. A person found guilty of Public Nuisance may be sentenced to a period of imprisonment not to exceed 30 days, a fine not to exceed $100.00, or both, with
costs imposed at the discretion of the Court.
Section 5.9 Unlawful Assembly
A. A person commits Unlawful Assembly if he or she gathers or assembles with two or more other persons with the intent to engage in conduct that:
1. creates a clear and present danger of damage or injury to property or persons; or
2. obstructs, interferes with, or disturbs the performance of any lawful function or activity.
B. A person found guilty of Unlawful Assembly may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both,
with costs imposed at the discretion of the Court.
Section 5.10 Desecration of Human Remains
A. A person commits Abuse of a Human Corpse if, without legal right or privilege, he or she abuses, disinters, defaces or removes a human corpse from its
burial site or fails or refuses to bury a human corpse.
B. A person found guilty of Abuse of a Human Corpse may be sentenced to a period of imprisonment not to exceed 60 days, a fine not to exceed $250.00, or
both, with costs imposed at the discretion of the Court.
OFFENSES AGAINST PUBLIC ORDER AND TRIBAL WELFARE
Section 5.1 Disorderly Conduct
A. A person commits Disorderly Conduct by:
1. Fighting or provoking a fight with another;
2. Disrupting any lawful public, private or religious meeting, including church services, revivals, camp meetings, and traditional ceremonials;
3. Using abusive, vulgar, or profane language, gestures or symbols likely to provoke or incite violence, unlawful conduct, or breach of the peace by others;
4. Abusing or threatening a person in a manner calculated to place him or her in fear of bodily harm;
5. Displaying a deadly weapon or discharges a firearm with the intent to cause alarm;
6. Lying or sleeping as a result of intoxication on any public street, alley, or in any other public place or upon private property without the consent of the
owner; or
7. Making unreasonable noise, day or night, which is annoying or disturbing to a reasonable person.
B. A person found guilty of Disorderly Conduct may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both,
with costs imposed at the discretion of the Court.
Section 5.2 Loitering
A. A person commits Loitering if, in a public place, he or she intentionally:
1. solicits another person to engage in any sexual offense in an offensive manner or in a manner likely to disturb the public peace;
2. solicits or engages in any business, trade, or commercial transactions involving the sale of merchandise or business without a business permit issued by the
San Carlos Apache Tribe;
3. begs for money, food or any other thing of value; or
4. gambles with cards, dice, or similar gambling devices.
B. A person found guilty of Loitering may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both, with costs
imposed at the discretion of the Court.
Section 5.3 Loitering Around a School
A. A person commits Loitering Around a School if, without lawful business or reason, he or she is present on or near the premises or within 300 feet of the
exterior boundaries of a school, day care, or place of learning where children or students are in attendance.
B. A person found guilty of Loitering Around a School may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or
both, with costs imposed at the discretion of the Court.
Section 5.4 False Reporting
A. A person commits False Reporting if such person knowingly:
1. makes a false, fraudulent or unfounded report or statement to a law enforcement agency; or
2. misrepresents a fact for the purpose of interfering with the orderly operation of a law enforcement agency or misleading a peace officer.
B. A person found guilty of False Reporting may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both, with
costs imposed at the discretion of the Court.
Section 5.5 Refusing to Aid a Police Officer
A. A person commits Refusing to Aid a Police Officer if, after a request by someone reasonably known to be a police officer, such person knowingly refuses or
fails to aid the officer in:
1. making an arrest;
2. preventing another from committing an offense; or
3. otherwise carrying out his or her official duties.
B. A person found guilty of Refusing to Aid a Police Officer may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 5.6 Interfering with a Police Officer
A. A person commits Interfering with a Police Officer if such person knowingly engages in any conduct that tends to impair, obstruct, hinder or prevent a police
officer from discharging his or her official duties.
B. A person found guilty of Interfering with a Police Officer may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed
$1,000.00, or both, with costs imposed at the discretion of the Court.
Section 5.7 Resisting Lawful Arrest
B. A person commits Resisting Lawful Arrest if such person intentionally uses or threatens to use physical force in order to prevent or attempt to prevent a
person reasonably known to be a police officer acting in an official capacity from effecting an arrest.
C. A person found guilty of Resisting Lawful Arrest may be sentenced to a period of imprisonment not to exceed 365 days, a fine not to exceed $5,000.00, or
both, with costs imposed at the discretion of the Court.
Section 5.8 Public Nuisance
A. A person commits Public Nuisance if he or she knowingly allows anything that is harmful to health or that is indecent of offensive to the senses to interfere
with the comfortable enjoyment of life or property by an entire community, by a neighborhood, or by an individual.
B. A person found guilty of Public Nuisance may be sentenced to a period of imprisonment not to exceed 30 days, a fine not to exceed $100.00, or both, with
costs imposed at the discretion of the Court.
Section 5.9 Unlawful Assembly
A. A person commits Unlawful Assembly if he or she gathers or assembles with two or more other persons with the intent to engage in conduct that:
1. creates a clear and present danger of damage or injury to property or persons; or
2. obstructs, interferes with, or disturbs the performance of any lawful function or activity.
B. A person found guilty of Unlawful Assembly may be sentenced to a period of imprisonment not to exceed 180 days, a fine not to exceed $1,000.00, or both,
with costs imposed at the discretion of the Court.
Section 5.10 Desecration of Human Remains
A. A person commits Abuse of a Human Corpse if, without legal right or privilege, he or she abuses, disinters, defaces or removes a human corpse from its
burial site or fails or refuses to bury a human corpse.
B. A person found guilty of Abuse of a Human Corpse may be sentenced to a period of imprisonment not to exceed 60 days, a fine not to exceed $250.00, or
both, with costs imposed at the discretion of the Court.
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"Protecting and
serving members and
visitors of the San
Carlos Apache Tribe"
serving members and
visitors of the San
Carlos Apache Tribe"