[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe 9-3-2015 by Ord. No. 14-30. Amendments noted where applicable.]
This chapter defines and prohibits civil disorderly conduct
within the exterior bounds of the Menominee Indian Reservation and
prescribes penalties for civil disorderly conduct within the reservation.
This chapter shall be known and may be cited as "Civil Disorderly
Conduct Code."
No person shall act in a civil disorderly manner on the Menominee
Reservation. For the purpose of this chapter, a person acts in a civil
disorderly manner when the person does any act or engages in any practice
hereinafter listed, or aids and abets any person who does any such
act or engages in any such practice hereinafter listed. For purpose
of this chapter, "person" includes any individual, firm, partnership,
association, corporation, company or organization of any kind.
A.
No person shall, in a public or private place, engage in any one
or more of the following types of behavior: violent, abusive, indecent,
profane, boisterous, unreasonable, loud, or otherwise disorderly conduct
under circumstances in which the conduct tends to cause or provoke
a disturbance.
B.
No person shall make, aid, give countenance to or assist in making
any improper noise or disturbance which is unreasonably loud, raucous,
or a nuisance to persons within the area of audibility.
C.
No person shall keep, harbor, or have charge of any dog which, by
loud barking, howling or yelping, has become a nuisance in the vicinity
where kept or harbored. A complaint regarding this subsection must
be made by at least two persons in separate households in the vicinity
where the dog is kept or harbored.
D.
No person shall at any time or place within the Reservation permit
or engage in the playing or use of any electronic sound-producing
device in such a manner or with such a volume which is unreasonably
loud, raucous or a nuisance to persons within the area of audibility.
For the purpose of this subsection, the term "electronic sound-producing
device" shall include any radio, phonograph, stereo, television set,
amplified musical instrument, loud speaker, tape or cassette recorder,
compact disc player, MP3 player, or any other similar device.
E.
No person shall, with a motor vehicle, including, but not limited
to, an automobile, truck, motorcycle, minibike, all-terrain vehicle,
utility-terrain vehicle, or snowmobile, engage in violent, abusive,
unreasonably loud, or otherwise disorderly conduct, including, but
not limited to, unnecessary, deliberate, or intentional: spinning
of wheels, squealing of tires, revving of engine, blowing the horn,
causing the engine to backfire, or causing the vehicle, while commencing
to move or in motion, to raise one or more wheels off the ground.
F.
No person shall loiter, sit, walk or stand upon any street, sidewalk,
or other public place, when such conduct impedes or tends to impede
the passage of pedestrians or vehicles, and when the person has been
ordered to move on by a law enforcement officer.
G.
No person shall fail to disperse or refuse to withdraw from an unlawful
assembly which the person knows has been ordered dispersed. For the
purposes of this chapter, an unlawful assembly is an assembly which
consists of three or more persons and which causes such a disturbance
of public order that it is reasonable to believe that the assembly
will cause injury to persons or damage to property unless it is immediately
dispersed, and has been ordered by law enforcement officer to disperse.
It includes: an assembly of persons who assemble and block or obstruct
the lawful use by any other person or persons of any private or public
thoroughfare, property or of any positions of access or exit to and
from any private or public building or dwelling place, or any portion
thereof, and which assembly does in fact so block or obstruct the
lawful use by any other person or persons of any such private or public
thoroughfare, property or any position or exit to or from any private
or public building, dwelling or any portion thereof.
In addition to other charges, fines or penalties for which a person may be liable under the Code of the Menominee Indian Tribe of Wisconsin, any violation of this chapter/section shall constitute a civil infraction. A person who commits a civil infraction shall be subject to enforcement procedures as set forth in Chapter 132, Law Enforcement, Article V, Civil Remedial Forfeitures, §§ 132-25 to 132-27, and subject to a penalty as described below. Each day during which any violation of this chapter continues shall be deemed a separate and distinct offense. Increased civil fines may be imposed for repeat violations of this chapter; a repeat violation means a second or subsequent civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The civil penalty for violations of this chapter shall be as follows:
A.
The fine for any first offense described in § 285-3 shall be $100 plus court costs; other sanctions may apply as determined by the judge, and, at the discretion of the court, the fine may be substituted for court-approved community service;
B.
The fine for any offense which is a repeat offense or any subsequent repeat offense described in § 285-3 shall be not less than $150 nor more than $500, plus court costs; other sanctions may apply as determined by the judge, such as mitigation; the court may substitute court-approved community service for no more than 1/2 the amount of the fine.
All Menominee tribal police officers and Conservation Officers
are hereby designated as authorized officials to issue civil infraction
citations.
The captions used in the chapter are used for convenience only
and in no way are intended to expand, modify, or limit the meaning
of the sections to which they refer.
This chapter and the various parts, sections, subsections, sentences,
phrases, clauses hereof are hereby declared to be severable. If any
part, section, subsection, sentence, phrase, clause is adjudged unconstitutional
or invalid, it is hereby declared that the remainder of this chapter
shall not be affected.
Upon enactment of this chapter, these sections of the Code of
the Menominee Indian Tribe of Wisconsin are hereby repealed: §§ 250-4,
290-13, 429-3, and 429-4.
This chapter shall take effect upon final approval by the Menominee
Tribal Legislature.
