8-10-11. PHYSICAL REMOVAL - EMERGENCY.

In cases involving immediate danger to the life, health, morals, or property of the Tribe or any of its members or the non-member proposed for exclusion, or where delay would result in irreparable damage, a judge of the Tribal Court may, either before or after the Tribal Court hearing provided for in Section 9 of this Ordinance, issue an Emergency Writ of Exclusion which shall order any police officer to (1) remove the non-member from all Rosebud lands covered by the Emergency Writ at the non-member’s expense, and (2) prevent the reentry of the non-member onto any Rosebud lands covered by the Emergency Writ for so long as the Emergency Writ remains in effect. The police officer executing the Writ shall use only so much force as is necessary to effect the removal. If service of the notice provided for in Section 8 of this Ordinance has not already been made on the respondent, the Tribal court shall cause the police officer to serve the notice upon the respondent at the time of removal or as soon after removal as possible. An Emergency Writ of Exclusion shall remain in effect for ten (10) days in order to allow time for an emergency Tribal Court hearing, as provided for in Section 8 and 9, and action by the Tribal Council pursuant to Section 11; provided, that the Emergency Writ shall be revoked by the Tribal Court if the Court determines that the emergency no longer exists or if the Court dismisses the complaint pursuant to Section 10.