[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 9-18-1987 by Ord. No. 87-19; amended in its entirety 1-16-2020 by Ord. No. 19-35. Subsequent amendments noted where applicable.]
The purpose of this chapter is to promote the health, safety,
aesthetics, and general welfare of the people and communities and
environment within the Menominee Indian Reservation. The general intent
of this chapter is to regulate the timely disposal and cleanup of
junked and nuisance vehicles and mobile homes. It is further intended
to provide for the administration and enforcement of this chapter
and to provide penalties for its violation.
This chapter shall be effective upon final approval by the Tribal
Legislature.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle, truck body or trailer which is incapable
of legal operation or use upon a roadway on the Menominee Indian Reservation.
Any mobile home that is:
Any unlicensed and inoperable or disassembled or junked or
wrecked motor vehicle, motor vehicle body, motor vehicle engine, or
motor vehicle drive train parts.
A portable structure with a permanent chassis and axles designed
to be towed as a single unit, or in sections, upon a highway and which
is equipped, used or intended to be used primarily as a single-family
dwelling with walls of rigid, uncollapsible construction and which
has an overall length in excess of 45 feet.
Any automobile, truck, tractor, motorcycle, recreational
vehicle, van, motor scooter, lawn mower, snowmobile, all-terrain vehicle,
airplane, or any other motorized object used for transportation.
An act of omission that obstructs, damages, or inconveniences
the health, safety, comfort, convenience, or welfare of a community.
All waters open to the atmosphere, including rivers, streams,
creeks, lakes, reservoirs, impoundments, and wetlands, but excluding
sewage lagoons and other facilities constructed for the treatment
of wastewater, settling ponds, and cooling lakes.
A vehicle designed to serve wherever parked as a temporary
or permanent human dwelling or business and/or a nonautomotive vehicle
designed for hauling.
A tire, with or without a rim, that has been used on a motor
vehicle and is not attached to a motor vehicle and is not being reasonably
used for landscaping or other utilitarian or recreational purpose.
A.
It shall be the duty of the Menominee Tribal Police and the Menominee
Tribal Conservation Departments to enforce the provisions of this
chapter through periodic inspections and inspections upon complaints.
No action shall be taken unless an officer shall have inspected or
caused to be inspected the premises where the violations of this chapter
are alleged to exist and is satisfied that the violations do in fact
exist.
B.
Upon verification of the existence of a violation of this chapter,
an enforcement officer may issue a citation to the possessor of the
property upon which the violation is found or the person permitting
or maintaining the violation. The citation will specify a court date
of no less than 14 days and no more than 30 days from the date of
the citation.
C.
For purposes of enforcement of this chapter, Menominee Tribal Police
and Menominee Tribal Conservation are hereby authorized to cause the
towing away and/or removal of public nuisance vehicles in violation
of this article. The owner of said vehicle shall be liable for all
costs of towing, removal and/or storage associated with removal under
this article. This liability begins once the tow truck has been dispatched,
whether or not the vehicle is actually towed or removed.
A.
Outside storage prohibited.
(1)
It is a violation for any person, group, or business to accumulate,
store, or allow any junk vehicle, junk mobile home, trailer, or used
motor vehicle tire outside of an enclosed structure upon any public,
tribal, or private property.
(2)
Penalties.
(a)
Whosoever violates this § 546-5A(1) shall be subject to a fine not to exceed $200 per occurrence and shall be required to remove any item listed in this section at the violator's expense within 45 days; provided, however, that if said violator provides sufficient proof to the Tribal Court that the car has been repaired and is capable of being operated upon a highway, then in such case the violator is not required to remove the junk car but is still required to pay any fine received pursuant to this chapter.
(c)
If a person receives a citation pursuant to this section and fails to pay the total amount of the citation or fails to appear to contest the citation, that person shall be subject to the penalties of Subsection A(2)(d) of this section.
(d)
Any Indian who violates this chapter in the manner described in Subsection A(2)(b) or (c) above shall be found in contempt pursuant to Chapter 120, Judiciary and Law and Order Code, and shall be punished accordingly. Any non-Indian who violates this chapter and who fails to comply with court orders, including fines, repairs or removals as provided for in this chapter, shall be referred to the Shawano County District Attorney's Office.
B.
Failure to report a submerged vehicle.
(1)
It is a violation to the owner for failure to report a vehicle that
is immovable without assistance and submerged above the engine block
in any surface waters within four hours to Menominee law enforcement.
(2)
Penalties. Whoever violates this section shall forfeit not more than
$200. The owner of the vehicle shall also be liable for the costs
of removal of the vehicle from any surface waters and any costs associated
with cleanup.
C.
Vehicle in water prohibited.
(1)
It is a violation for failure to remove a submerged vehicle within
any surface water within seven calendar days.
(2)
Penalties. Whoever violates this section shall forfeit not more than
$500. The owner of the vehicle shall also be liable for the costs
of removal of the vehicle from any surface waters and any costs associated
with cleanup.
