[Adopted 6-20-1996 by Ord. No. 96-08]
This article shall be titled "Curfew and Hitchhiking."
The Menominee Tribal Legislature is empowered
by the Menominee Constitution and Bylaws to enact ordinances for the
preservation of tribal welfare, peace, and safety.
The following provisions regarding curfew and
hitchhiking are enacted in an effort to curb a serious and violent
increase in criminal gang-related activity which threatens the health,
welfare and safety of the Menominee Indian Reservation and its residents.
A.
No child 17 years of age or under shall loiter, idle or remain in or upon any of the streets, alleys, or public places, with or without permission of his or her parent or guardian, or in a private home other than his or her own without the permission of his or her parent or guardian, within the exterior boundaries of the Menominee Reservation between 9:00 p.m. and 6:00 a.m., or at any time that child is required to be in school according to Chapter 368, Article VI, Compulsory School Attendance, of this Code.
[Amended 12-7-2000]
B.
No parent or guardian shall knowingly permit his child
or ward of such age as indicated above to loiter, idle or remain in
or upon any of the streets, alleys, or public places within the hours
stated herein, unless such child is accompanied by a parent, guardian
or some person of lawful age having legal custody of such child, or
unless any such child is going home from school activities, church
programs, approved organizational activities, or his or her place
of employment, in which case this article shall not apply.
[Amended 12-7-2000]
C.
Any such child shall have a reasonable time after
school activities, church programs, and approved organizational activities,
not to exceed one hour of termination of such meeting, to be within
the definition of the term "going home."
No child 17 years of age or under shall hitchhike
within the exterior boundaries of the Menominee Indian Reservation.
"Hitchhiking" means the physical presence of a child 17 years of age
or under on any road within the exterior boundaries of the Menominee
Reservation who signals in any way that he or she is asking for a
ride from passing vehicles.
A.
The child shall be taken into custody by a law enforcement
officer for the purpose of identifying the child and notifying his
or her parent(s) or other responsible adult party to pick up said
child at the place of custody (tribal jail or other designated juvenile
facility) until the parent(s) or other responsible adult party picks
up and signs an appropriate release.
B.
A civil citation shall be issued to the child if the
child is 14 years of age or over.
C.
A civil citation shall be issued to the parent(s)
or responsible adult party for the violation when the child involved
is under the age of 14 years.
D.
A conviction or admission of guilt under the provisions
of this article shall result in a forfeiture of $30 for a first offense
and an increase of a ten-dollar forfeiture for each succeeding conviction.
The Court may also, in its discretion, assign community service in
lieu of, or in addition to, the forfeitures stated above.
[Amended 12-7-2000]
E.
The Court, in its discretion, may order family counseling
in conjunction with the forfeiture.
F.
The Court shall order an early offender, defined as
a juvenile who has five or fewer referrals into the Court system under
this article, to Menominee County Human Services or other available
social services entity for a six-month supervised program.
[Amended 12-7-2000[1]]
[1]
Editor's Note: This amendment also repealed
original § 7, Other penalties, which immediately followed
this section.
This article repeals Menominee Tribal Ordinance
No. 83-23 and shall become effective immediately upon final passage
by the Menominee Tribal Legislature. The repealing effect of this
article shall not effect the prosecution of violations under Menominee
Tribal Ordinance No. 83-23 committed by any person prior to the enactment
of this article.
