14-9-503. REPOSSESSION OF PERSONAL PROPERTY.

1. Except as provided in subsection (2) below and unless otherwise agreed, a secured party has the right to take possession of the collateral on default. In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action. If the security agreement so provides the secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. Without removal a secured party may render equipment unusable, and may dispose of collateral on the debtor’s premises under Section 504.
2. The personal property of a Rosebud Sioux tribal member or a member of the immediate family of a Rosebud tribal member who lives in the same dwelling as a Rosebud tribal member shall not be repossessed within the exterior boundaries of the Rosebud Indian Reservation under the procedures of repossession except in strict compliance with the following:
   1. Written consent to remove the property from lands within the exterior boundaries of the Rosebud Indian Reservation shall be secured from the debtor at the time repossession is sought. If such permission is granted and the security agreement so provides the secured party may
      1. require the debtor to assemble the collateral and make it available to him or his agent at a place to be designated by the secured party which is reasonably convenient to both parties, or
      2. without removal, render equipment unusable, or dispose of the collateral on the debtor’s premises under Section 504.
   2. Written consent shall be retained by the creditor and shall be exhibited to any official of the Rosebud Sioux Tribe upon proper demand.
   3. Where a debtor who is a Rosebud tribal member or a member of his immediate family refuses to sign a written consent to permit removal of the property from lands within the exterior boundaries of the Rosebud Indian Reservation, the property shall be removed only by order of the Tribal Court in an appropriate legal proceeding.
   4. Any person attempting to repossess property located on lands within the exterior boundaries of the Rosebud Indian Reservation who fails to follow these procedures shall be subject to the following sanctions:
      1. any nonmember of the Rosebud Tribe, except persons authorized by Federal law to be present on Tribal land, found to be in willful violation of these provisions may be excluded from Reservation lands of the Tribe or any enrolled tribal member within the exterior boundaries of the Reservation in accordance with procedures set forth by tribal law.
      2. any business whose employees are found to be in willful violation of these laws may be denied the privilege of doing business within Reservation.
      3. any Indian who violates any provision of this section shall be guilty of a crime, and upon conviction shall be punished by a fine of not more than $100.
      4. any non-member of the Rosebud Tribe who violates any provision of this section shall be liable for a civil penalty of not more than $100.(v) any person who violates any provision of this section shall also be liable under the provisions of Section 507.
3. Any person who intentionally hinders the lawful repossession of property subject to a valid security interest under this Chapter shall be liable to the secured party for any damages and may in addition be subject to any applicable criminal penalties under Title Five of the Rosebud Law and Order Code for defrauding creditors.