Title GNC General Conduct

Chapter GNC.4 General Conduct Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Subchapter GNC.4.1 General Procedure

GNC.4.1.010 Nature of Offenses

Each of the offenses contained in this Code is a civil offense, and, except for the civil liability provisions contained in Section GNC.4.3.040, Section GNC.4.3.070, and Section GNC.4.3.090, may be prosecuted only by the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

GNC.4.1.020 Civil Procedure Applicable

Except as provided in this Code, the procedures established in Chapter TCT.2, Chapter TCT.3, and Chapter DMR.2, apply to all actions commenced under this chapter.

GNC.4.1.030 Deposit Schedule

Officers citing a violation under this Code may include in the citation, as the deposit amount allowed, the amount for the corresponding state violation shown in the "total" column of the State of Wisconsin Uniform State Traffic Deposit Schedule, the Alcohol Beverages, Harassment, Safety, and Drug Paraphernalia Deposit Schedule, and the Trespass to Land Deposit Schedule. This section does not authorize citation under this Code for a violation which may be listed in one of the Deposit Schedules for which a corresponding offense has not been adopted in this Code either explicitly or by reference.

GNC.4.1.040 Commencement of Action by Citation

An action may be started for the violation of any provision of this Code by the use of a citation form approved by the Tribal Court. The citation form shall contain at least the following information:

(a) The name or apparent name of the individual cited.

(b) The address, if known, of the individual cited.

(d) The date, time, and place, of the violation.

(e) The location of the Tribal Court and a date for appearance, or the Clerk of Court's phone number and an instruction to call the Clerk of Court to obtain appearance information.

(f) If allowed, the amount of deposit, and a place to enter a written plea of no contest, and the deadline for making the deposit and entering the written plea of no contest with the Clerk of Court, together with an instruction that if deposit and plea are made by the deadline the court will allow the defendant not to appear, the court will adjudge the defendant to have committed the violation, and the court will order the deposit forfeited as the civil penalty for the violation.

GNC.4.1.050 Parties to a Violation

(a) Whoever is concerned in the commission of a violation of this Code for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

(b) A person is concerned in the commission of a violation if the person:

(1) Directly commits the violation;

(2) Aids and abets the commission of it; or

(3) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.

GNC.4.1.060 Appearance and Plea by Defendant

(a) If allowed by the citation, a defendant may pay the deposit indicated on the citation, sign the written plea of no contest on the citation, and return the deposit and the written pleas to the Clerk of Court at any time before the deadline stated on the citation. If the defendant does so, the court shall allow the defendant not to appear, the court shall adjudge the defendant to have committed the violation, and the court shall order the deposit forfeited as the civil penalty for the violation.

(b) If the defendant does not pay the deposit and enter the written plea of no contest as provided in Section GNC.4.1.060(a), and if the defendant does not appear on the date instructed, the court may find the defendant in default, enter judgment against defendant, and order the defendant to pay a forfeiture as is appropriate under the circumstances, but no less than the amount of the deposit, if any, stated, on the citation.

(c) If the defendant appears on the date instructed, the defendant may admit or deny the charge, or may plead no contest to the charge. If the defendant admits the charge or pleads no contest, the court shall order the defendant to pay a forfeiture as is appropriate under the circumstances. If the defendant denies the charge, the court shall set a trial date, or may conduct a trial immediately if the parties consent and the court's calendar allows.

GNC.4.1.070 Judgment

(a) If judgment is entered against defendant and defendant is ordered to pay a forfeiture, the defendant shall have 90 days to pay the forfeiture, unless the court sets a different time.

(b) Any forfeiture not paid when due shall accrue interest at the rate of 1% per month, starting with the initial payment deadline, compounded annually.

(c) The Tribe may commence any enforcement action allowed by law against any defendant who does not pay a forfeiture when due.

Subchapter GNC.4.2 Protection of the Judicial Process and Other Governmental Processes

GNC.4.2.010 Perjury

(a) Whoever under oath or affirmation orally makes a false material statement which the person does not believe to be true, in any matter, cause, action or proceeding, before any of the following, whether legally constituted or exercising powers as if legally constituted, shall forfeit no more than $5,000:

(1) The tribal court, and any judge or magistrate thereof;

(2) A notary public while taking testimony for use in an action or proceeding pending in tribal court;

(b) It is not a defense to a prosecution under this section that the perjured testimony was corrected or retracted.

GNC.4.2.020 False Swearing

Whoever under oath or affirmation makes or subscribes a false statement which the person does not believe is true shall forfeit not more than $5,000.

GNC.4.2.030 Resisting or Obstructing Officer

(a) Whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority, shall forfeit not more than $5,000.

(b) In this section:

(1) "Obstructs" includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.

(2) "Officer" means any tribal law enforcement or conservation officer, including any officer of the Great Lakes Indian Fish and Wildlife Commission, or other tribal officer or employee having the authority by virtue of the officer's or employee's office or employment to take another into custody.

(c) Whoever by violating this section hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or the officer's superior for any damages adjudged against either of them by reason thereof.

GNC.4.2.040 Failure to Report to Jail

Any person who is subject to an order of the Tribal Court to report to jail as a sanction for contempt of court and who intentionally fails to report to jail as required shall forfeit not more than $5,000 for each day that he or she so fails to report.

GNC.4.2.050 Violation of Nonsecure Custody Order

If a person has been placed in nonsecure custody by an Indian Child Welfare worker or by a tribal judge and the person is alleged to be a minor in need of care under the Tribe's Child Welfare Code, the person shall forfeit not more than $5,000 if he or she intentionally fails to comply with the conditions of his or her placement in nonsecure custody.

GNC.4.2.060 Destruction of Documents Subject to Subpoena

(a) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by the tribal court shall forfeit not more than $5,000.

(b) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by the tribal court shall forfeit not more than $5,000.

(1) The document would have been legally privileged or inadmissible in evidence.

(2) The subpoena was directed to a person other than the defendant.

GNC.4.2.070 Bribery of Witnesses

Whoever does any of the following shall forfeit not more than $5,000:

(a) With intent to induce another to refrain from giving evidence or testifying in any matter before the tribal court, and any judge or magistrate thereof, transfers to him or her or on his or her behalf, any property or any monetary or financial advantage; or

(b) Accepts any property or any monetary or financial advantage, knowing that such property or advantage was transferred to him or her or on his or her behalf with intent to induce him or her to refrain from giving evidence or testifying in any matter before the tribal court, and any judge or magistrate thereof.

GNC.4.2.080 Obstructing Justice

(a) Whoever for a consideration knowingly gives false information to any officer of tribal court with intent to influence the officer in the performance of official duties shall forfeit not more than $5,000.

(b) "Officer of tribal court" includes judge, magistrate, reporter, clerk of court (and deputies and assistants), and tribal attorney (and deputies and assistants).

GNC.4.2.090 Simulating Legal Process

(a) In this section, "legal process" includes a subpoena, summons, complaint, warrant, injunction, writ, notice, pleading, order or other document that directs a person to perform or refrain from performing a specified act and compliance with which is enforceable by the tribal court or a tribal governmental agency.

(b) Whoever sends or delivers to another any document which simulates legal process shall forfeit not more than $5,000.

(c) Proof that a document specified under sub. (a) was mailed or was delivered to any person with intent that it be forwarded to the intended recipient is sufficient proof of sending.

(d) This section applies even though the simulating document contains a statement to the effect that it is not legal process.

GNC.4.2.100 Impersonating Peace Officers

Whoever impersonates any tribal law enforcement or conservation officer, including any officer of the Great Lakes Indian Fish and Wildlife Commission, with intent to mislead others into believing that the person is actually such an officer shall forfeit not more than $5,000.

Subchapter GNC.4.3 Protection of Property

GNC.4.3.010 Damage to Property

Whoever intentionally causes damage to any physical property of another without the person's consent shall forfeit not more than $5,000, and in addition shall be liable in restitution to the owner for the actual cost to repair or replace the property damaged, and in addition may be ordered to perform appropriate community service.

GNC.4.3.020 Graffiti

Whoever intentionally marks, draws or writes with paint, ink or another substance on or intentionally etches into the physical property of another without the other person's consent shall forfeit not more than $5,000, and in addition shall be liable in restitution to the owner for the actual cost to repair or replace the property marked, drawn, written, or etched on, and in addition may be ordered to perform appropriate community service.

GNC.4.3.030 Fraud on Hotel or Restaurant Keeper or Transit Operator

(a) Whoever does any of the following shall forfeit not more than $5,000:

(1) Having obtained any beverage, food, lodging or other service or accommodation at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally absconds without paying for it.

(2) While a guest at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally defrauds the keeper thereof in any transaction arising out of the relationship as guest.

(3) Having obtained any transportation service from a transit operator, intentionally absconds without paying for the service.

(b) Under this section, prima facie evidence of an intent to defraud is shown by:

(1) The refusal of payment upon presentation when due, and the return unpaid of any bank check or order for the payment of money, given by any guest to any campground, hotel, motel, boarding or lodging house, or restaurant, in payment of any obligation arising out of the relationship as guest. Those facts also constitute prima facie evidence of an intent to abscond without payment.

(2) The failure or refusal of any guest at a campground, hotel, motel, boarding or lodging house, or restaurant, to pay, upon written demand, the established charge for any beverage, food, lodging or other service or accommodation actually rendered.

(3) The giving of false information on a lodging registration form or the giving of false information or presenting of false or fictitious credentials for the purpose of obtaining any beverage or food, lodging or credit.

(4) The drawing, endorsing, issuing or delivering to any campground, hotel, motel, boarding or lodging house, or restaurant, of any check, draft or order for payment of money upon any bank or other depository, in payment of established charges for any beverage, food, lodging or other service or accommodation, knowing at the time that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.

(c) The refusal to pay a transit operator the established charge for transportation service provided by the operator constitutes prima facie evidence of an intent to abscond without payment.

(d) Any person violating this section may also be required to pay restitution to the hotel, restaurant keeper or transit owner or operator, provided that no such person may receive double compensation under both this section and Section GNC.4.3.040.

GNC.4.3.040 Fraud on Hotel or Restaurant Keeper or Transit Operator; Civil Liability

(a) Any person who incurs injury to his or her business or property as a result of a violation of Section GNC.4.3.030 may bring a civil action against any adult or emancipated minor who caused the loss for all of the following:

(1) The retail value of the beverage, food, lodging, accommodation, transportation or service involved in the violation. A person may recover under this paragraph only if he or she exercises due diligence in demanding payment for the beverage, food, lodging, accommodation, transportation or service.

(2) Any property damages not covered under par. (1).

(b) In addition to sub. (a), if the person who incurs the injury prevails, the judgment in the action may grant any of the following:

(1) Punitive damages of not more than 3 times the amount under sub. (a) (1) and (2). No additional proof is required for an award of punitive damages under this paragraph, provided that no person may receive double compensation under both this section and Section GNC.4.3.030.

(2) Reasonable attorney fees for actions commenced under this section.

(d) At least 20 days prior to commencing an action under this section the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action and of the acts constituting the basis for the violation of Section GNC.4.3.030. The plaintiff shall send the notice by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the amount due for the beverage, food, lodging, accommodation, transportation or service prior to the commencement of the action, he or she is not liable under this section.

(e) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under Section GNC.4.3.030. A judgment under Section GNC.4.3.030 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.

GNC.4.3.050 Use of Cheating Tokens

Whoever obtains the property or services of another by depositing anything which he or she knows is not lawful money or an authorized token in any receptacle used for the deposit of coins or tokens shall forfeit not more than $5,000.

GNC.4.3.060 Issue of Worthless Check

(a) Whoever issues any check or other order for the payment which, at the time of issuance, he or she intends shall not be paid shall forfeit not more than $5,000.

(b) Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money, intended it should not be paid:

(1) Proof that, at the time of issuance, the person did not have an account with the drawee; or

(2) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order; or

(3) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order.

(c) This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check.

(d) In addition to the forfeiture provided for violation of this section, a judge may order a violator to pay restitution, provided that no person may receive double compensation under both this section and Section GNC.4.3.070.

GNC.4.3.070 Worthless Checks; Civil Liability

(a) In this section, "pecuniary loss" means:

(1) All special damages, but not general damages, including but not limited to the money equivalent of loss resulting from property taken, destroyed, broken or otherwise harmed and out-of-pocket losses, such as medical expenses; and

(2) Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense under Section GNC.4.3.060.

(b) Any person who incurs pecuniary loss, including any holder in due course of a check or order, may bring a civil action against any adult or emancipated minor who:

(1) Issued a check or order in violation of Section GNC.4.3.060, and

(2) Knew, should have known or recklessly disregarded the fact that the check or order was drawn on an account that did not exist, was drawn on an account with insufficient funds or was otherwise worthless.

(c) If the person who incurs the loss prevails, the judgment in the action shall grant monetary relief for all of the following:

(1) The face value of whatever checks or orders were involved.

(2) Any actual damages not covered under par. (a).

(3) Punitive damages of not more than 3 times the amount under pars. (1) and (2), provided that no person may receive double compensation under both this section and Section GNC.4.3.060. No additional proof is required for an award of punitive damages under this paragraph.

(4) All actual costs of the action, including reasonable attorney fees.

(d) Notwithstanding sub. (c) (3) and (4), the total amount awarded for punitive damages and reasonable attorney fees may not exceed $1,000.

(e) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under Section GNC.4.3.060.

(f) At least 20 days prior to commencing an action under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the payee or holder of the check or order to the drawer by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the check or order prior to the commencement of the action, he or she is not liable under this section.

(g) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under Section GNC.4.3.060. A judgment under Section GNC.4.3.060 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.

GNC.4.3.080 Retail Theft

(a) In this section:

(1) "Merchant" includes, without limitation, any retailer and any casino, innkeeper, motelkeeper, or hotelkeeper.

(2) "Theft detection device" means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant.

(3) "Theft detection device remover" means any tool or device used, designed for use or primarily intended for use in removing a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(4) "Theft detection shielding device" means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.

(5) "Value of merchandise" means:

(A) For property of the merchant, the value of the property; or

(B) For merchandise held for resale, the merchant's stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price.

(b) A person shall forfeit not more than $5,000 if he or she does any of the following without the merchant's consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property:

(1) Intentionally alters an indication of price or value of merchandise held for resale by a merchant or property of a merchant.

(2) Intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant.

(3) Intentionally transfers merchandise held for resale by a merchant or property of a merchant.

(4) Intentionally conceals merchandise held for resale by a merchant or property of a merchant.

(5) Intentionally retains possession of merchandise held for resale by a merchant or property of a merchant.

(6) While anywhere in the merchant's store, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(7) Uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor.

(8) Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(c) A merchant, a merchant's adult employee or a merchant's security agent who has reasonable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a law enforcement officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a law enforcement officer who may conduct a lawful interrogation of the accused person. The merchant, merchant's adult employee or merchant's security agent may release the detained person before the arrival of a law enforcement officer or parent or guardian. Any merchant, merchant's adult employee or merchant's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

(d) In any action or proceeding for violation of this section, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise.

(e) In addition to the forfeiture provided for violation of this section, a judge may order a violator to pay restitution, provided that no person may receive double compensation under both this section and Section GNC.4.3.090.

GNC.4.3.090 Retail Theft; Civil Liability

(a) Any person who incurs injury to his or her business or property as a result of a violation of Section GNC.4.3.080 may bring a civil action against any individual who caused the loss for all of the following:

(1) The retail value of the merchandise unless it is returned undamaged and unused. A person may recover under this paragraph only if he or she exercises due diligence in demanding the return of the merchandise immediately after he or she discovers the loss and the identity of the person who has the merchandise.

(2) Any actual damages not covered under par. (1).

(b) In addition to sub. (a), if the person who incurs the loss prevails, the judgment in the action may grant any of the following:

(1) Punitive damages of not more than 3 times the amount under sub. (a), provided that no person may receive double compensation under both this section and Section GNC.4.3.080.

(2) If the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor, the punitive damages may not exceed 2 times the amount under sub. (a).

(3) No additional proof is required for an award of punitive damages under this paragraph.

(4) All actual costs of the action, including reasonable attorney fees.

(c) Notwithstanding sub. (b) and except as provided in sub. (d), the total amount awarded for punitive damages and reasonable attorney fees may not exceed $1,000.

(d) Notwithstanding sub. (b), the total amount awarded for punitive damages and reasonable attorney fees may not exceed $500 if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor.

(e) The plaintiff has the burden of proving by a preponderance of the evidence that a violation occurred under Section GNC.4.3.080. A judgment under Section GNC.4.3.080 is not a condition precedent to bringing an action, obtaining a judgment or collecting that judgment under this section.

Subchapter GNC.4.4 Protection of Public Peace

GNC.4.4.010 Disorderly Conduct

Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance shall forfeit not more than $5,000.

GNC.4.4.015 Banning of Electric Devices

Whoever uses, sells, or possesses electronic smoking devices at any tribal building, or any business located within the Reservation, shall receive a citation in the amount of one hundred dollars ($100).

GNC.4.4.020 Unlawful Use of Telephone

Whoever does any of the following shall forfeit not more than $5,000.

(a) With intent to harass or offend, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(b) Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.

(c) Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.

(d) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number.

(e) Knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section.

(f) With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and threatens to inflict injury or physical harm to any person or the property of any person.

(g) With intent to frighten, intimidate, threaten or abuse, telephones another and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(h) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number.

GNC.4.4.030 Unlawful Use of Computerized Communication Systems

In this section, "message" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, or any transfer of a computer program, sent or received on the Lac Courte Oreilles Reservation. Whoever does any of the following shall forfeit not more than $5,000.

(a) With intent to harass, annoy or offend another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(b) With intent to harass, annoy or offend another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(c) With intent solely to harass another person, sends repeated messages to the person on an electronic mail or other computerized communication system.

(d) With intent solely to harass another person, sends repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the messages.

(e) With intent to harass or annoy another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.

(f) While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to harass or annoy another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.

(g) Knowingly permits or directs another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control.

(h) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message to the person on an electronic mail or other computerized communication system and in that message threatens to inflict injury or physical harm to any person or the property of any person.

(i) With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message threatens to inflict injury or physical harm to any person or the property of any person.

(j) With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(k) With intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.

(l) With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.

(m) While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.

GNC.4.4.040 Harassment

(a) In this section "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short.

(b) Whoever, with intent to harass or intimidate another person, does any of the following shall forfeit not more than $5,000:

(1) Strikes, shoves, kicks or otherwise subjects the person to physical contact or attempts or threatens to do the same.

(2) Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

GNC.4.4.050 Bullying

Whoever commits any intentional written, verbal or physical act which:

(a) Physically harms a student or damages the student's property;

(b) Places a student in reasonable fear of physical harm or damage to the student's property;

(d) Substantially disrupts the orderly operation of the school shall forfeit not more than $5000.00 and shall be liable for restitution to the student for the actual cots to repair or replace the student's damaged property.

GNC.4.4.060 Adoption of State Laws [Repealed]

Repealed.

Subchapter GNC.4.5 Regulation of Motor Vehicles

GNC.4.5.010 Adoption of State Laws

Each of the regulations contained in chapters 341-348, Wisconsin Statutes, for which the penalty for a violation thereof is a forfeiture, is adopted as a part of this section. The violation by any person of any such regulation is a violation of this section, and shall subject the person to a forfeiture not to exceed the maximum forfeiture provided in the corresponding state law. As to any particular violation or alleged violation, the content of chapters 341-348, Wisconsin Statutes, and the maximum forfeiture for any particular violation or alleged violation, shall be determined by the language of the statute and the maximum forfeiture provided at the time of the particular violation or alleged violation

GNC.4.5.020 Suspension and Revocation

The violation by any person of any regulation as set forth in Section GNC.4.5.010 shall subject the person to a suspension or revocation of license or operating privileges for a period not to exceed the maximum suspension or revocation period provided in the corresponding state law. The Clerk of Court shall report all orders for suspension or revocation to the state Department of Transportation to effect such suspension or revocation.

GNC.4.5.030 Snowmobile and All-Terrain Vehicle Registration

The requirements of sec. 341.055 and 341.057, Wisconsin Statutes, shall not apply to any snowmobile or all-terrain vehicle registered under chapter 350 or 351, Lac Courte Oreilles Ordinances.

Subchapter GNC.4.6 Operation of All-Terrain Vehicles [Repealed]

GNC.4.6.010 Purpose [Repealed]

Repealed.

GNC.4.6.020 Effective Date and Severability [Repealed]

Repealed.

GNC.4.6.030 Definitions [Repealed]

Repealed.

GNC.4.6.040 Rules of Operation [Repealed]

Repealed.

GNC.4.6.050 Operation on or near Highways [Repealed]

Repealed.

GNC.4.6.060 Enforcement [Repealed]

Repealed.

GNC.4.6.070 Penalties [Repealed]

Repealed.

Subchapter GNC.4.7 School Attendance [Repealed]

GNC.4.7.010 Definition of Terms [Repealed]

Repealed.

GNC.4.7.020 Truancy [Repealed]

Repealed.

GNC.4.7.030 Habitual Truancy [Repealed]

Repealed.

GNC.4.7.040 Dropouts [Repealed]

Repealed.

GNC.4.7.050 Failure to Cause a Child to Attend School Regularly [Repealed]

Repealed.

GNC.4.7.060 Enforcement of Ordinance [Repealed]

Repealed.

Subchapter GNC.4.8 Curfew for Minors

GNC.4.8.010 Authority

This chapter is enacted pursuant to Article V, Section 1(s), of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.

GNC.4.8.020 Definitions

For the purpose of this chapter, the following terms shall have the meaning as described below:

(a) "Minor" means any person seventeen (17) years of age or younger.

(b) "Law enforcement officer" means any officer of the Lac Courte Oreilles Law Enforcement Department.

GNC.4.8.030 Prohibited Behaviors

(a) Regulation of Minors Seventeen (17) and Younger.

(1) It shall be unlawful for any person seventeen (17) years of age or younger to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alleyway, park, school grounds, swimming beach, cemetery, playground, public building, private residences left open to the public without the presence of adult supervision, or any other public place on the Lac Courte Oreilles Reservation between the hours of 11:00 pm and 6:00 am; unless accompanied by his or her parent, legal guardian, or another person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefore.

(2) A minor, unaccompanied by parent, legal guardian or another person having lawful custody who is found upon any such public place during the aforementioned hours shall be rebuttably presumed to be there unlawfully and without reasonable excuse.

(b) Regulation of Minors Aged Sixteen (16) or Seventeen (17).

(1) It shall be unlawful for any person sixteen (16) years of age or seventeen (17) years of age to be on foot, bicycle, or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, swimming beach, cemetery, playground, public building, private residences left open to the public without adult supervision, or any other public place on the Lac Courte Oreilles Reservation between the hours of 11:00pm and 6:00am Sunday through Thursday and between the hours of 12:00 midnight and 6:00am Friday and Saturday; unless accompanied by his or her parent, legal guardian, or another person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefore.

(2) A minor, unaccompanied by parent, guardian or another person having lawful custody who is found upon any such public place during the aforementioned hours shall be rebuttably presumed to be there unlawfully and without reasonable excuse.

(1) This section shall not apply to a minor:

(A) Who is on his or her own premises or in the area immediately adjacent thereto.

(B) Whose employment, paid or otherwise, makes it necessary to be on the streets, alleys or public places or in any other motor vehicle during such hours.

(C) Who is attending an official school activity, an activity sponsored by a religious or community organization or any other supervised cultural, educational or social event or is going to or returning from, without any detour or stop, such activity.

(D) Who is otherwise lawfully exercising treaty-protected hunting, fishing, or gathering rights.

(2) This section shall not apply to emergency situations defined as an unforeseen combination of circumstances that calls for immediate action. An emergency situation includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life or serious damage to significant property.

(3) These exceptions shall not, however, permit a minor to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.

(d) Regulation of Parents and Guardians.

(1) It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under eighteen (18) years of age to allow or permit such person to violate the provisions of (a), (b) or (c)(3), above.

(2) If a parent, guardian, or custodian was informed by any law enforcement officer of a separate violation of this section occurring within thirty (30) days of the present offense, it shall be rebuttably presumed that the parent, guardian or custodian allowed or permitted the present violation.

(3) Exception. Any parent, guardian or custodian herein who shall have made a missing person notification to the Sawyer County Sheriff's Department shall not be considered to have allowed or permitted any person under eighteen (18) years of age to violate this section.

(e) Regulation of Other Adults. It shall be unlawful for any person, firm, or organization operating or in charge of any place of amusement, entertainment, refreshment or other place of business to permit any minor to loiter, loaf or idle in such place during the hours prohibited by this section. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business during the hours prohibited by this section shall find a minor loitering, loafing or idling in such place of business, the operator shall immediately notify the Sawyer County Sheriff's Department and inform them of the violation.

GNC.4.8.040 Detention Authorized

Every law enforcement officer is hereby authorized to detain any minor an officer reasonably believes is violating the provisions of this chapter until such time as the parent, guardian or person having legal custody of the minor shall be immediately notified as soon as possible thereafter report to the police or sheriff's department for the purpose of taking physical custody of the minor and shall sign a release for him or her. If no response is received, the police or sheriff's department shall cite the minor under the applicable section of this ordinance, and if a parent or guardian cannot be located, deliver the minor to his or her residence if the conditions at the residence are suitable. If conditions at the residence are unsuitable, or if the minor is under ten (10) years of age, the police or sheriff's department shall refer the minor and request a transfer of custody to the Lac Courte Oreilles Indian Child Welfare Department or Sawyer County Social Services Department.

GNC.4.8.050 Penalties

(a) Warning. The first time any person is suspected of violating any provisions of this chapter, the person may be given a warning and advised of the general requirements of this chapter and that a subsequent violation shall result in the application of a penalty or forfeiture as provided in this section.

(b) Subsequent Offense - Minor. Any minor who has been warned in the manner provided in Section GNC.4.8.050(a) and who thereafter shall violate Section GNC.4.8.030(a) or Section GNC.4.8.030(b) shall, upon conviction thereof, forfeit not less than One Dollar ($1.00) nor more than Twenty-Five Dollars ($25.00), together with the cost of prosecution. The Lac Courte Oreilles Tribal Court may also order the child cited herein to perform community service appropriate to the age of the minor and circumstances of the violation. The parent, guardian or person having legal custody of the minor cited herein is responsible to the court to see that the minor complies with the court-ordered community service.

(1) Any parent, guardian or person having legal custody of a minor, and who has been warned in the manner provided in Section GNC.4.8.050(a), and when minor thereafter violates any of the provisions of this chapter shall be subject to a forfeiture of:

(A) not less than Twenty-Five Dollars ($25.00) and not more than Two Hundred-Fifty Dollars ($250.00) for any violation that not been preceded within five (5) years by a previous conviction;

(B) not less than Fifty Dollars ($50.00) and not more than Two Hundred- Fifty Dollars ($250.00) for any violation occurring within five (5) years after a first conviction;

(C) not less than One Hundred Dollars ($100.00) and not more than Two Hundred-Fifty Dollars ($250.00) for any violation occurring within five (5) years after a second conviction;

(D) not less than Two Hundred Dollars ($200.00) and not more than Two Hundred-Fifty Dollars ($250.00) for any violation occurring within five (5) years after a third or subsequent conviction, together with the cost of prosecution.

(2) The Court may also order the parent, guardian or person having legal custody of the minor cited herein to perform community service appropriate to circumstances of the violation.

(d) Other Adults. Any person, firm or organization who has been warned under Section GNC.4.8.050(a) and who thereafter violates Section GNC.4.8.030(e), shall be subject to a forfeiture of not less than Twenty-Five Dollars ($25.00) and not more than Two Hundred-Fifty Dollars ($250.00), together with the costs of prosecution.

(e) Responsibility for Payment. The minor and adult or adults cited are responsible for payment of any fines levied herein within sixty (60) days of citation. This subsection expressly prohibits payment of fines levied against a minor or adult herein using Tribal funds.

(f) Consequence of Non-Payment. A minor that does not remit payment for a fine issued under this chapter within sixty (60) days of issuance may be summoned back to court and is subject to suspension or revocation of Tribal benefits, including, but not limited to, hunting, fishing, and housing rights as determined by the Court.

GNC.4.8.060 Children's Code

Nothing within this chapter shall be construed to limit any actions or remedies available under the Lac Courte Oreilles Children's Code.

Subchapter GNC.4.9 Open Burning Fire Prevention

GNC.4.9.010 Purpose and Scope

(a) Purpose. The purpose of this chapter is to control and monitor the setting of fires and open or barrel burning within the exterior boundaries of the Lac Courte Oreilles Reservation by any person in order to protect the welfare, peace, safety, environment, and property of the Lac Courte Oreilles Reservation and its Tribal Membership.

(b) Scope. This chapter applies to all open fires within the exterior boundaries of the Lac Courte Oreilles Reservation in Wisconsin as designated in its Treaties with the United States, including Tribal and all other Trust lands and fee lands held by the Tribe or individual tribal members and lands acquired outside the Reservation by or on behalf of Lac Courte Oreilles, including the 1,200 acres of Farm Administration land outside the reservation and all subsequent land acquired by the Lac Courte Oreilles Tribe.

GNC.4.9.020 Effective Date and Severability

(a) Effective Date. This chapter shall be effective upon the date of adoption by Resolution of the Lac Courte Oreilles Tribal Governing Board, until amended or otherwise expressly invalidated by Tribal Governing Board legislation.

(b) Severability. The provisions of the chapter are severable. If any section, provision, or portion of this chapter or its application to any person or circumstance is held invalid by the Lac Courte Oreilles Tribal Court, such invalidity shall not effect other provisions or applications of this Ordinance, which can be given without the invalid provisions or application.

GNC.4.9.030 Definitions

As used in Subsection IX, the following words and phrases shall mean:

(a) Brush. Wood debris commonly associated with land clearing of all types such as landscaping, trail cleaning and general yard maintenance. Additional materials, which may fall into this category, are clean lumber from demolition, leaves, bark and other woody scraps from various activities.

(b) Construction/Demolition Material. Wood and non-wood products commonly associated with the demolition of structures, including but not limited to; shingles of all types, insulation of all types, gypsum board, tar paper, metal plumbing, ductwork, wiring, and chemically treated wood of all types.

(c) Forest Fire. The term "Forest Fire" as used in this Ordinance means uncontrolled, wild, or running fires occurring on forest, marsh, field, cut-over or other lands within the exterior boundaries of Lac Courte Oreilles Reservation.

(d) Garbage. Animal and vegetable waste resulting from the handling, preparation, cooking, and/or consumption of foods.

(e) Non-recyclable Material. Pyrex glass, window glass, light bulbs, mirrors, broken glass, china, Styrofoam and melamine type plastics, waxed paper, waxed cardboard, garbage, bottle or jar caps and any material for which there is no destination point for reclamation or processing.

(f) Open Burning. Any fire wherein the products of combustion are emitted directly into the outdoor atmosphere and are not directed through a stack or chimney, incinerator or other similar device.

(g) Recyclable Material. Brown, clear, and green container glass, aluminum cans, steel containers, bi-metal containers, plastic containers with #1 and #7 inside a triangle on the bottom, corrugated cardboard, newspaper, magazines, mixed paper, office paper, used motor oil, vehicle tires, and any other material for which there is a destination point named for reclamation or processing.

GNC.4.9.040 General Provisions

(a) Within the exterior boundaries of the Lac Courte Oreilles Reservation, it shall be unlawful for any person to set any fire unless it shall be attended at all times and they have first obtained a Burning Permit from a duly appointed and designated Lac Courte Oreilles Fire Warden, or other designated person from the Lac Courte Oreilles Conservation Department or Lac Courte Oreilles Fire Department on forms supplied from Lac Courte Oreilles Conservation Department, except for:

(1) When a fire is set in a fireplace, fire ring, charcoal grill, portable gas or liquid fueled camp stove or other device that is designated solely for warming the person or cooking food, or boiling sap, or

(2) When the ground is snow-covered.

(b) Any person who sets a fire solely for providing heat to persons or cooking food shall extinguish such fire before leaving it, and upon failure to do so will be in violation of this Ordinance.

GNC.4.9.050 Permitted Procedures

(a) Brush Burning

(1) Brush burning shall be limited to wood products only.

(2) No construction/demolition materials or household garbage may be burned.

(3) No chemically or creosote treated wood may be burned.

(4) Woody materials, which may be, contaminated with other construction materials, including but not limited to; tar paper, insulations of all types, shingles, gypsum board, paint and other wall treatments, shall not be burned.

(5) No recyclable materials as defined in this Ordinance shall be burned.

(6) All brush burning must be done between the hours of 6:00 pm and 12:00 am local time and only when wind conditions are below 8 m.p.h., except that burning may be done at any time when the ground is covered with snow.

(7) No brush burning shall be permitted on Sundays and Holidays.

(b) Barrel Burning

(1) Open/Barrel burning shall be limited to the burning of small woody debris and soiled or other non-recyclable paper.

(2) No recyclable materials as defined may be burned.

(3) No demolition materials as defined may be burned.

(4) Barrels must be covered while burning with a screen, which will hold down flying ash. The screen must be in sound condition and have a mesh size no longer than ½ inch. Barrels must be continually observed by a responsible person during the burning process and completely extinguished before being left.

(5) All barrel burning must be between the hours of 6:00 pm and 12:00 am local time, and only when wind conditions are below 8 m.p.h. except that burning may be done at any time the ground is covered with snow.

(6) No barrel burning shall be permitted on Sundays and Holidays.

GNC.4.9.060 Permit Conditions

Burning permits shall be issued only after consideration of the conditions in Section GNC.4.9.050 and a determination by the authorized permit-issuing agent from the Lac Courte Oreilles Conservation Department or the Lac Courte Oreilles Fire Department that the danger to the resources will be minimized by allowing the permittee to bum if he or she complies with the conditions of the permit and takes all reasonable precautions to prevent the escape of the fire.

GNC.4.9.070 Permit Restrictions

(a) Permits issued pursuant to this section shall include but not limited to restrictions concerning: time of day, location, and minimum required precautionary measures, and the length of the burning period of the permit.

(b) There shall be no burning on Sundays and Holidays. Generally, a permit for brush burning will be issued for three (3) days. If conditions warrant, a permit-issuing agent may restrict a brush burning permit to one (1) day. A permit for barrel burning may be issued on an annual basis, but may be restricted if conditions warrant it. An individual with a duly authorized permit must comply with Section 5 regarding procedures for a brush burning and/or a barrel burning permit.

(c) A "Special Burning Permit" may be issued if an applicant adequately shows to the satisfaction of a permit-issuing agent that he or she cannot burn within the normal permitted hours. It shall be specified in a Special Burning Permit, what specific hours the permittee will be burning.

GNC.4.9.080 Special Authority to Restrict Burning

This chapter authorizes the Lac Courte Oreilles Tribal Governing Board to restrict and forbid the setting of any type of fire or burning within the exterior boundaries of the Lac Courte Oreilles Reservation, by any person, when there is a dangerously dry season. Setting of fire or burning in this particular Section will include but will not be limited to the burning of paper or garbage, burning of leaves, campfires, outside cooking units with the exception that homes where a stove or appliance is located inside the home which is needed in the preparation of food or for heat will be exempted from the restriction and prohibition of fire or burning under this section. Proper notice will be given to the public when this restriction goes into effect by the following notification:

(a) An announcement in the Sawyer County Record and the LCO Times.

(b) Posting notices at the Tribal Office, LCO Conservation Department and other Tribal enterprises.

GNC.4.9.090 Negligent Handling of Any Materials, Which Might Cause a Forest Fire

Any person who would start, kindle, or otherwise encourage a forest fire as defined in Section GNC.4.9.030, through the careless use of smoking materials, fireworks, campfires, motorized equipment, flammable substances, or any other material or item of equipment shall be in violation of this section. Any person whose motorbike, motorcycle, automobile, all-terrain vehicle or other vehicle, which is the cause of a fire, shall be in violation of this section.

GNC.4.9.100 Enforcement

A duly appointed and designated Lac Courte Oreilles Fire Warden or Lac Courte Conservation Warden is authorized to enforce all provisions of this chapter and, in addition to civil remedies, may revoke any permit issued pursuant to this chapter upon any failure or refusal of the permittee to comply with the provisions of this chapter.

GNC.4.9.110 Penalties

(a) Any person found guilty of a violating any provision of this chapter shall be ordered by the Lac Courte Oreilles Tribal Court to forfeit a minimum amount of not less than $25.00 nor more than $500.00 for the first violation; not less than $75.00 nor more than $500.00 for the second violation; not less than $225.00 nor more than $500.00 for the third violation; and $500.00 for each additional violation beyond three violations. For each violation, the individual responsible for the cause of the fire will be held accountable for suppression costs determined by the Lac Courte Oreilles Tribal Court upon the recommendation of the Lac Courte Oreilles Conservation Department or Lac Courte Oreilles Fire Department.

(b) If the forfeiture is not paid within 30 days of its issuance, Lac Courte Oreilles Tribal Court will revoke Tribal members' hunting and fishing rights and privileges pursuant to the Lac Courte Oreilles Constitution and the Chippewa treaties of 1837, 1842, and 1854 and any other applicable laws and treaties associated with these privileges. Tribal members who do not pay their fines in a timely manner will have their names appear on the Lac Courte Oreilles Revocation List.

Subchapter GNC.4.10 Fireworks Ordinance

GNC.4.10.010 Definitions

As used in this subchapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

(a) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(b) "Tribal Governing Board" means the Lac Courte Oreilles Tribal Governing Board.

(d) "Fireworks" means anything manufactured, processed, or packaged for exploding, emitting sparks or combustion, which does not have another common use, but does not include the following:

(1) Fuel or lubricant.

(2) A firearm cartridge or shotgun shell.

(3) A flare used or possessed or sold for use as a signal in an emergency or in the operation of an aircraft, watercraft, or motor vehicle.

(4) A match, cigarette lighter, stove, furnace, candle, lantern, or space heater.

(5) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.

(6) A toy snack which contains no mercury.

(7) A model rocket engine.

(8) Tobacco and a tobacco product.

(9) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visual effects or to produce audible or visual effects.

(10) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.

(11) A useless device that is designed to produce audible or visible effects or audible or visible effects, and that contains less than one-quarter grain of explosive mixture.

(12) A device that is designed primarily to bum pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible or visible effects.

(13) A cylindrical fountain that consists of one or more tubes and that is classified by the Federal Department of Transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(14) A cone fountain that is classified by the Federal Department of Transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(15) Any product traditionally utilized in traditional or religious ceremonies.

GNC.4.10.020 Sale of Fireworks Unlawful

It is unlawful for any person, without a permit and providing that the physical characteristics of fireworks complies with 16 CFR 1507, to sell any fireworks within the Reservation other than those fireworks designated herein, provided that this prohibition shall not apply to duly authorized public displays.

GNC.4.10.030 Permit Required to Sell or Display Fireworks

It is unlawful for any person or entity, other than the Tribe or an instrumentality of the Tribe, to engage in the retail sale of, or sell any fireworks, or to hold, conduct, or engage in a public display of fireworks within the Reservation without first having obtained a valid permit issued pursuant to the provisions of this Ordinance.

GNC.4.10.040 Permit Fees

The annual fee for a "seller's permit" for the sale of fireworks as may be authorized under this Ordinance, shall be such an amount as may be determined by the Tribal Governing Board from time to time. The fee for a "public display permit" for the public display of fireworks shall be such an amount as may be determined by the Tribal Governing Board from time to time.

GNC.4.10.050 Issuance—Nontransferable—Voiding

Each seller's permit issued under this Ordinance shall be for only one retail outlet. The Tribal Governing Board reserves the right to limit the number of permits issues for the sale or public display of fireworks. Each seller's permit issued shall be valid only for the current year, shall be used only by the designated permittee and shall be nontransferable. Each public display permit issued shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this Ordinance and shall void the permit granted in addition to all forfeiture provisions contained herein.

GNC.4.10.060 Application for Public Display Permit

Applications for a permit to conduct a public display of fireworks shall be made to the Tribal Governing Board. Applicants shall meet all qualifications and requirements of this Ordinance and display that fire and safety requirements have been met.

GNC.4.10.070 Application for Seller's Permit—Conditions for Issuance

Applications for seller's permits shall be made to the Tribal Governing Board. Applications shall be signed by the retail seller, if an individual, or by the duly authorized officer, if an association or corporation. The Tribal Governing Board may assign to a tribal official, agent, or employee, responsibility to review applications and grant permits. Seller's permits shall be issued only to applicants meeting the following conditions:

(a) The retailer or person in charge and responsible for the retail operation shall be 21 years of age or older, of good moral character, and of demonstrated responsibility.

(b) The applicant shall own or have the right to possess a temporary fireworks stand complying with the requirements of this Ordinance.

(c) The permit holder's location or place of business shall be only in those areas or zones within the Reservation where commercial activities are authorized under applicable zoning laws and/or land use plan(s).

(d) The applicant shall promptly remove a temporary fireworks stand and clean up all debris from the site of the stand in a reasonable amount of time.

(e) Those individuals not possessing a permit shall not engage in any regulated activity hereunder until such time as an application for a permit is made and the permit is issued.

GNC.4.10.080 Standards for Temporary Stands

The temporary stands of all seller's permit holders shall conform to the following minimum standards and conditions:

(a) Temporary fireworks stands shall be constructed in a safe manner ensuring the safety of attendants and patrons.

(b) No temporary fireworks stand shall be located within 50 feet of any other building, nor within 250 feet of any gasoline station, oil storage tank or premises where flammable liquids or gases are kept or stored.

(d) All weeds, grass, and combustible material, within 25 feet of the stand, shall be cleared from the location of the stand.

(e) No smoking shall be permitted in or near a temporary fireworks stand for a distance of not less than 50 feet.

(f) Each stand shall have a person who is 18 years old or older in attendance at all times the stand is stocked.

(g) No person shall discharge any fireworks within 250 feet of the exterior walls of any temporary fireworks stand.

GNC.4.10.090 Standards for Public Fireworks Displays

All public fireworks displays shall conform to the following minimum standards and conditions:

(a) A permit must be obtained from the Tribal Governing Board. The permit shall include

the name of the applicant and his or her address, the exact location, date, and time of the proposed display, and the general nature of the display.

(b) A drawing shall be submitted showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams, and other significant factors that may be subject to ignition.

(c) All combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions.

GNC.4.10.100 Reckless Discharge or Use Prohibited

It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another.

GNC.4.10.110 Insurance

The Tribe may require proof of liability of insurance by a permittee to address injuries to third parties arising from the actions of the permittee.

GNC.4.10.120 Hold Harmless

All permits issued under this Ordinance shall require the holder of the permit to indemnify and hold harmless the Tribe, Tribal Entities, and Tribal Officials from all liability arising from the actions of the permittee and/or the issuance of the permit by the Tribe.

GNC.4.10.130 Enforcement

The Lac Courte Oreilles Fire Chief or his or her designee and the Lac Courte Oreilles Tribal Police Department are authorized to enforce all provisions of this Ordinance and in addition to civil remedies, may revoke any permit issued pursuant to this Ordinance upon any failure or refusal of the permittee to comply with the provisions of this Ordinance.

GNC.4.10.140 Penalty

Any person, firm, or corporation violating any provision of this Ordinance shall forfeit not more than Ten Thousand Dollars ($10,000.00) or an amount equivalent to the actual damage caused by the misconduct of such person or entity.

GNC.4.10.150 Severability

The provisions of this Ordinance are severable. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application.

Subchapter GNC.4.11 Animal Control Ordinance

Part 1 General Provisions

GNC.4.11.010 Title

This ordinance shall be referred to as the LCO Animal Control Ordinance.

GNC.4.11.020 Authority

LCO possesses the inherent sovereign authority to regulate its territory, and Article V, Section 1(s) of the LCO constitution empowers the tribal governing board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers."

GNC.4.11.030 Purpose

The presence of animals, including without limitation, dogs and cats that are not licensed, vaccinated, properly cared for or which are permitted to run at large through the LCO reservation, including fee land situated therein, has a direct effect on the health, welfare and security of LCO and its members. It is the intent of this ordinance to:

(a) Maintain law and order and protect the safety and welfare of all persons on the LCO reservation;

(b) Confer upon the department all authority necessary to administer and enforce this ordinance within the LCO reservation, including fee land situated therein; and

(c) Regulate and impose obligations upon all owners and keepers of animals and other persons, including without limitation, those situated on fee land within the LCO reservation.

GNC.4.11.040 Jurisdiction

Consistent with Subchapter TCT.2.3, the LCO tribal court shall have jurisdiction over cases arising under this ordinance limited solely by the constitution and federal law.

GNC.4.11.050 Construction

This ordinance shall be liberally construed to give full effect to the objectives and purposes for which it was enacted, provided it shall not restrict or apply to the taking of game under any code regulating hunting, fishing and trapping of live animals within the LCO reservation; and except as the context may indicate otherwise, shall not be construed to restrict the department, the LCO Law Enforcement Department, or any other law enforcement department or agency from which the department has sought assistance, from exercising the authority or fulfilling the duties prescribed by this ordinance.

GNC.4.11.060 Severability

If any provision of this ordinance, or the application thereof to any person, legal entity or circumstance, is held invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this ordinance.

GNC.4.11.070 Repealer

This ordinance supersedes all prior animal control laws, codes, ordinances or regulations of LCO.

GNC.4.11.080 Definitions

Any term not defined in Subchapter GNC.4.9 shall be given its ordinary meaning, and the below terms shall have the following meanings, except where the context indicates otherwise:

(a) "adequate shelter" means a structure, which other than an opening for egress and ingress, is completely enclosed and which is large enough to allow the animal to stand and turn comfortably;

(b) "animal" means any living creature, except for a human being, which differs from plants in the capacity for spontaneous movement and rapid motor response to stimulation;

(c) "confine" means keep an animal indoors or in a secure enclosure, which prevents escape and contact with other animals and people;

(d) "cruel treatment" means inflicting physical injury, by other than accidental means, which causes or creates a substantial risk of death, disability, disfigurement or impairment of bodily functions to any animal;

(e) "dangerous animal" means any animal that without provocation bites or attacks any person or a domestic animal severely enough to break the skin, excluding:

(1) any animal that bites or attacks a person who knowingly trespasses on the property of the animal's owner or keeper;

(2) any animal that bites or attacks a person who knowingly provokes, antagonizes or inflicts cruel treatment on the animal; or

(3) any animal that is responding in a manner that a reasonable person would conclude was intended to protect a person who is the victim of an assault;

(f) "department" means the LCO Police Department and or the LCO Conservation Department;

(g) "director" means the director of the department;

(h) "domestic animal" means any tame animal that is habituated to live in or about people, including without limitation, domestic dogs and cats;

(i) "euthanize" means the humane destruction of an animal by a method that produces instantaneous unconsciousness and immediate death or painless loss of consciousness and death during such loss of consciousness;

(j) "keeper" means any person in possession of any animal or responsible for the custody or control of any animal;

(k) "LCO" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians;

(l) "LCO constitution" means the Amended Constitution and Bylaws of LCO;

(m) "LCO reservation" means all lands and waters within the exterior boundaries of the LCO reservation in Wisconsin, as established by Secretarial Order March 1, 1873, and any lands or waters or interests therein which may be acquired outside of the 1873 reservation by or on behalf of LCO, including the 1200 acres of Farm Services Administration land outside the 1873 reservation boundary held by the United States, except as may otherwise be provided by federal law;

(n) "neglected" means any animal that does not receive adequate food, water, shelter, medical care, exercise or supervision necessary for the welfare of the animal;

(o) "premises" means any secure building or fenced or enclosed area of sufficient strength and dimension to prevent escape, which is either owned by or to which the owner or keeper of the animal has permission from the owner to use;

(p) "public emergency" means any circumstance under which the department has determined to warrant that animals being confined;

(q) "rabies exposure" means when an animal has bitten or attacked a person or domestic animal severely enough to break the skin or any other situation in which saliva, central nervous system tissue or cerebral fluid of a potentially rabid animal enters an open, fresh wound or comes in contact with mucous membranes by entering the eye, mouth or nose.

(r) "running at large" means any animal not restrained in accordance with 396.14; and

(s) "wild or exotic animal" means any animal which is wild, fierce, naturally inclined to do harm or any animal that can normally be found in the wild state, and includes without limitation, the following:

(1) all dogs, including wolf, fox, coyote, dingo, jackal, wolf hybrids and all other members of the family, excluding domestic dogs;

(2) all cats, including lions, pumas, panthers, mountain lions, leopards, lynx, jaguars, ocelots, margays, tigers, wild cats and all other members of the family, excluding domestic cats;

(3) all bears, including grizzly bears, brown bears, black bears and all other members of the family;

(4) all weasels, including martens, mink, wolverine, ferrets, badgers, otters, ermine, mongoose and all other members of the family;

(5) all raccoons, including civets and all other members of the family;

(6) all porcupines, including all other members of the family;

(7) all skunks, including all other members of the family;

(8) all snakes, including all venomous and constricting snakes, and all other members of the family;

(9) all crocodiles, alligators, caimans, gavials and all other members of the family;

(10) all venomous fish, piranha and similar fish;

(11) all sea mammals; and

(12) any other animal which the department, in its discretion, determines to be a wild or exotic animal.

Part 2 Licensing and Vaccination

GNC.4.11.090 Licensing

(a) All owners and keepers of any dog or cat within the LCO reservation shall ensure that such dog or cat is licensed through the department. Any such license shall be effective for the period of one (1) year.

(b) The licensing fee shall be Twenty and 00/100 Dollars ($20.00) for each one (1) year period. The fee shall be Ten and 00/100 Dollars ($10.00) for any dog or cat if the owner or keeper presents written proof that the animal has been neutered or spayed.

(c) The department shall issue a license upon payment of the licensing fee and presentment of a certificate evidencing current rabies vaccination, as required under Section GNC.4.11.100.

(d) The department shall maintain records of all licenses issued and shall mail all licensees written notice of license expiration at least sixty (60) days prior to any such expiration; provided however any failure to provide notice hereunder shall not relieve any person of any obligation under this ordinance.

GNC.4.11.100 Vaccination

(a) All owners and keepers of any dog or cat over the age or four (4) months within the LCO reservation, and any other animal designated by the department, in its discretion, as being susceptible to rabies, shall ensure that such dog, cat or other animal is properly vaccinated against rabies, at all times, including without limitation, that any such dog, cat or other animal is revaccinated prior to the date the current vaccination expires as stated on the certificate of vaccination, or in the event a certificate of vaccination does not specify a date of expiration, within three (3) years after the most recent vaccination.

(b) All owners and keepers shall maintain, at all times, certificates evidencing current rabies vaccinations, and shall present such certificates to the department upon request.

Part 3 Restraint of Animals

GNC.4.11.110 Collar or Harness

All owners and keepers of any dog or cat within the LCO reservation shall ensure that such dog or cat wears, at all times, a properly fitting collar or harness of sufficient strength and condition to restrain the animal. The owner or keeper shall securely attach the license and rabies vaccination tags to such collar or harness.

GNC.4.11.120 Dogs in Heat

All owners and keepers of any dog in heat within the LCO reservation shall ensure that any such dog is confined except for planned breeding.

GNC.4.11.130 Dogs Running at Large

All owners and keepers of any dog within the LCO reservation shall ensure that such dog does not run at large within the LCO reservation.

GNC.4.11.140 Mandatory Leashing

All owners and keepers of any dog within the LCO reservation shall ensure that such dog is physically restrained by a leash of not more than ten (10) feet in length, at all times, provided however:

(a) a dog may be unleashed within premises, as defined in Section GNC.4.11.080(o);

(b) a dog may be maintained on a secure chain or leash of sufficient strength, which

is attached to an immovable object to prevent escape; or

(c) a dog may be unleashed on the property of the owner or keeper, or on property to which the owner or keeper has obtained the permission of the owner to use, if supervised by a person sixteen (16) years of age or older who is able to maintain control of the dog and who in fact controls the dog.

GNC.4.11.150 Nuisance

(a) All owners and keepers of any animal within the LCO reservation shall ensure that the animal is properly supervised and does not create a nuisance through excessive and loud barking, howling or making other sounds common to its species or otherwise causes a nuisance.

(b) All owners and keepers of any animal within the LCO reservation shall maintain all structures, buildings, fenced or enclosed areas, yards and other areas in which any animal is kept is a clean and sanitary condition free from waste and objectionable odors and shall regularly dispose of all waste so not to attract or result in rodents, insects and disease.

Part 4 Animal Bites

GNC.4.11.160 Reporting

All owners and keepers of any animal within the LCO reservation that has bitten or attacked any person or domestic animal severely enough to break the skin or where rabies exposure may have occurred, and any person with first-hand knowledge of any such incident, shall immediately report any such incident to the department.

GNC.4.11.170 Surrender of Animals

All owners and keepers of any animal within the LCO reservation that has bitten or attacked any person or domestic animal severely enough to break the skin or where rabies exposure may have occurred shall produce and surrender such animal to the department upon demand, and the department may proceed pursuant applicable Sections of this ordinance.

Part 5 Treatment of Animals

GNC.4.11.180 Food, Water and Health

All owners and keepers of any animal shall ensure that the animal is provided with sufficient food that provides adequate nutrition for the species and clean, potable water to maintain the animal in good health and with necessary and appropriate health care.

GNC.4.11.190 Shelter

(a) All owners and keepers of any animal shall ensure that:

(1) all animals kept indoors are kept a building that is maintained at a temperature compatible with the health of the animal and is adequately ventilated at all times;

(2) all animals kept outdoors have access to adequate shelter, as defined in Section GNC.4.11.080(a), which is appropriate to the local climatic conditions for the species concerned;

(3) all shelters for any animal are structurally sound and maintained in good repair.

(b) No person shall confine any animal in a vehicle under such conditions that endanger the health or well-being of the animal, including without limitation, confining the animal in a vehicle that is not adequately ventilated to ensure a temperature compatible with the health of the animal.

(c) No person shall unreasonably confine any animal in a fenced or enclosed area that lacks space adequate and appropriate for the species to have reasonable, freedom of movement.

(d) No person shall unreasonably maintain any animal on a chain, leash, rope or other restraint that is not of sufficient length to allow the animal to have reasonable freedom of movement.

GNC.4.11.200 Cruel Treatment

No person shall intentionally treat any animal in a cruel and inhumane manner, including without limitation, exposing any animal to any known poisonous or controlled substance with the intent to harm, poison or kill the animal. This section shall not apply to:

(a) any person using a poisonous substance solely for the purpose of rodent or pest extermination; or

(b) any person inflicting physical injury on any animal if a reasonable person would conclude that such action was designed to protect any person from the threat of imminent physical injury or harm caused by the animal.

GNC.4.11.210 Animal Fighting

(a) No person shall promote, permit, cause, aid or abet as a principal, agent, employ or spectator, or participate in the earnings from, or maintain or allow any place to be used for, any dogfight, cockfight, or other combat between animals or between animals and humans.

(b) No person shall own, possess, keep or train any animal with the intent that the animal be engaged in an exhibition of fighting.

GNC.4.11.220 Abandonment

No person shall abandon any animal.

GNC.4.11.230 Reporting

Any person who injures or kills any domestic animal while operating any passenger vehicle shall immediately stop and report such injury or death to the owner of the animal. If the identity of the owner is unknown, the person shall promptly report such injury or death to the department.

Part 6 Impoundment

GNC.4.11.240 Authority to Impound

(a) The department has the authority to impound any animal in the following situations:

(1) any dog or cat which is not licensed in violation of Section GNC.4.11.090;

(2) any dog, cat or other animal which is not vaccinated in violation of Section GNC.4.11.100;

(3) any dog or cat which is not wearing a collar or harness or tags in violation of Section GNC.4.11.190;

(4) any dog which is running at large in violation of Section GNC.4.11.130 or not properly restrained or maintained as required under Section GNC.4.11.140;

(5) any animal that has bitten or attacked any person or domestic animal severely enough to break the skin or where rabies exposure may have occurred;

(6) any animal which is neglected, subjected to cruel treatment, animal fighting or abandoned;

(7) any animal which the department has reason to believe may be sick or diseased and presents a potential public health or safety hazard;

(8) any dangerous animal which is kept, maintained or harbored within the LCO Reservation in violation of Section GNC.4.11.300;

(9) any animal which is not confined within the premises of their owners or keepers during a public emergency in violation of Section GNC.4.11.280; and

(10) any wild or exotic animal which is kept, harbored or maintained within the LCO reservation not in accordance with Section GNC.4.11.330.

(b) The director shall have the authority to designate the place and manner in which animals are impounded.

(c) Following any impoundment, the director or his authorized agent shall notify the owner or keeper of the animal of its impoundment, or if the owner or keeper of the animal is unknown, the department shall make reasonable efforts to ascertain and to notify the owner or keeper of the impoundment.

GNC.4.11.250 Redemption of Animals

(a) The owner or keeper of an animal, other than a wild or exotic animal, quarantined animal or dangerous animal, which the department has impounded, may be redeemed upon payment to the department of all costs of impounding the animal, including without limitation, a daily impoundment fee set by the department, the cost of food and medical treatment, and other reasonable expenses incurred by the department.

(b) If the department has quarantined an animal, the owner or keeper of the animal may redeem it after the quarantine period, if the animal shows no signs of rabies or other contagious disease for which quarantine is required, upon payment to the department of all cost of impounding the animal, including without limitation, a daily impoundment fee set by the department, the cost of food and medical treatment, and other reasonable expenses incurred by the department, subject to other provisions of this ordinance.

(c) Any owner or keeper entitled to regain custody of an animal pursuant to the provisions of this ordinance who fails to do so within five (5) days following impoundment or expiration of the quarantine period, as applicable, including without limitation, making full payment of all costs of impounding the animal, shall have abandoned all legal rights and interests in the animal, and the department shall be entitled to proceed under Section GNC.4.11.340.

(d) If the department has impounded or quarantined an animal, and the owner or keeper has failed to comply with any requirement of this ordinance, including without limitation Sections 4.97 relating to licensing, 4.98 relating to vaccination and 4.99 relating to collar and harness, the animal shall only be redeemed if the owner or keeper has complied with any such requirement or has made arrangements to comply with any such requirement to the satisfaction of the department.

GNC.4.11.260 Disposition of Animals

(a) If any owner or keeper of an animal fails to properly regain custody of an animal impounded or quarantined by the department, or the animal is an exotic or wild animal for which no permit has been obtained under Section GNC.4.11.330 or a dangerous animal for which the right to appeal under Section GNC.4.11.390 has expired, the director or his authorized agent, in his discretion, may give or sell the animal to a suitable person, as determined by the department or euthanize the animal.

(b) The department may euthanize a sick or injured impounded or quarantined animal prior to the expiration of the redemption period if, in the opinion of the director, such action is necessary for the protection of the public health or to prevent unnecessary suffering of the animal. The director shall consult with qualified medical, environmental health or veterinary personnel prior to giving his opinion that such action is necessary. If known, the director shall notify the owner or keeper of the animal prior to any such disposition.

(c) Notwithstanding any other provision of this ordinance, including without limitation Section GNC.4.11.340(b), the department may euthanize any impounded or quarantined animal, at any time without prior notice to the owner or keeper, if the department concludes that the animal exhibits signs of rabies. The director shall consult with qualified medical, public health, or veterinary personnel prior to concluding that the animal exhibits signs of rabies.

GNC.4.11.270 Quarantine

(a) All owners and keepers shall ensure that an animal is quarantined for a period of not less than ten (10) days when:

(1) the animal has bitten or attacked a person or domestic animal severely enough to break the skin or where rabies exposure may have occurred;

(2) the department has reason to believe the animal may be sick or diseased and presents a potential public health or safety hazard; or

(3) until such time as a veterinarian certifies that the animal is no longer capable of transmitting the disease when the animal has been diagnosed with any contagious disease.

(b) The owner or keeper of a quarantined animal shall keep the animal confined, as defined in Section GNC.4.11.250(c) for the quarantine period. The department shall have the authority to observe the animal at any place of confinement during the period of quarantine.

(c) The owner or keeper of a quarantined animal shall not sell, give away or permit the animal to be removed from the premises of the owner or keeper without written permission of the director during the quarantine period.

(d) The owner or keeper of any animal that has bitten or attacked any person or domestic animal severely enough to break the skin, or where rabies exposure may have occurred, shall not kill, destroy or dispose of the animal during the quarantine period. If the owner or keeper of a quarantined animal is unable to control the animal or confine the animal during the quarantine period, he shall notify the department, and the department shall pick up and impound the animal for the quarantine period.

(e) If the animal dies or exhibits symptoms of rabies, other illness, or other unusual behavior while quarantined, the owner or keeper shall immediately notify the department, and the department shall pick up and impound the animal for the quarantine period, as applicable.

(f) The department, in its discretion, may impound or quarantine an animal if the department believes:

(1) that the owner or keeper will not or has not properly quarantined the animal or will or has denied the department access to the animal; or

(2) in the case of any dog, cat or other animal, the owner or keeper failed to vaccinate the animal for rabies, and the department determines that it is necessary for it to quarantine the animal.

GNC.4.11.280 Public Emergency

(a) The department may require that animal owners or keepers confine their animals within the premises of their owners or keepers during a public emergency requiring such confinement.

(b) The department shall post written notice at the LCO administration building and the department to notify animal owners and keepers that it has declared a public emergency.

GNC.4.11.290 Animal "Round Up"

The department shall post written notice at the LCO Administration building and the department at least five days prior to conducting any round up of dogs running at large or animals not maintained in accordance with this ordinance. The written notice shall include the anticipated date of the round up and instructions for re-claiming animals after the round up.

GNC.4.11.300 Dangerous Animals

No person shall keep, maintain or harbor a dangerous animal within the LCO reservation, provided, the department has provided the person with written notice, either personally or by certified mail declaring an animal to be a dangerous animal, subject to the right of appeal under Section GNC.4.11.390.

GNC.4.11.310 Interference with Department

No person shall knowingly interfere with or hinder the restrict the department, the LCO Law Enforcement Department, or any other law enforcement department or agency from which the department has sought assistance, in the exercise of authority or performance of duties under this ordinance.

GNC.4.11.320 Taking of Animals

No person may take or carry away any animal belonging to another person with the intent to deprive the owner or keeper permanently of possession of the animal without the consent of the owner or keeper.

GNC.4.11.330 Wild or Exotic Animals

No person may keep, harbor or maintain a wild or exotic animal within the LCO reservation, provided however, any person who does so on the effective date of this chapter shall:

(a) surrender such animal to a functioning humane society;

(b) transfer ownership of such animal to a person in another jurisdiction in accordance with the laws thereof, or

(c) apply for and obtain a permit for such animal from the department, subject to the right of appeal under Section GNC.4.11.390, in accordance with and subject to the following:

(1) he shall file a permit application with the department within forty five (45) days of the effective date of this chapter, which shall at a minimum include the species, age, sex of such animal and the plan for the housing and containing such animal;

(2) the department shall review and may approve the application if the director is satisfied that the plan for housing and containing the animal will prevent escape and such animal does not present a serious risk to public health or safety; and

(3) he shall acknowledge in writing that upon the death, sale, adoption, transfer or disposal of such animal, the animal will not be replaced.

GNC.4.11.340 Authority

The department shall have the primary responsibility and the authority to enforce this ordinance, subject to any necessary budgetary approval of the tribal governing board. In addition, the LCO Law Enforcement Department and any other law enforcement department or agency from which the department has sought assistance shall have the authority to enforce this ordinance in the performance of their duties. The authority of the department shall include without limitation to:

(a) contract with or operate, or both animal shelters;

(b) contract with, select, train, hire or retain officers to enforce the provisions of this ordinance;

(d) issue citations for any violation of this ordinance;

(e) take, confine, impound, quarantine and euthanize any animal found in violation of this ordinance, in accordance with the provisions of this ordinance;

(f) use all means reasonably necessary to perform the obligations under this ordinance, including without limitation, to use deadly force against any animal that is reasonably believed to pose an imminent threat to the safety or wellbeing of any person or animal;

(g) periodically conduct "round ups" of all dogs that are running at large or animals not maintained in accordance with this ordinance;

(h) to enter upon any open property, excluding premises, within the LCO reservation while in pursuit of any animal kept, harbored or maintained not in accordance with this ordinance;

(i) declare any animal to be a dangerous animal after investigation, subject to the right of appeal under Section GNC.4.11.390;

(j) issue or refuse to issue permits for wild or exotic animals in accordance with Section GNC.4.11.330, subject to the right of appeal under Section GNC.4.11.390; and

(k) to exercise reasonable discretion and judgment in enforcing and applying any provision of ordinance, including without limitation, electing to waive application of this ordinance to any owner or keeper of any animal within the LCO reservation, if the department is satisfied that such owner or keeper has satisfied a similar requirement of another jurisdiction (for example, a dog or cat is licensed and vaccinated in accordance with Wisconsin law).

GNC.4.11.350 Issuance of Citations

Any person authorized to enforce this ordinance may issue a citation when any violation of this ordinance occurs in the presence of the enforcement authority or the enforcement authority investigating a report of a violation of this ordinance finds probable cause to believe that a violation occurred, provided the citation shall state:

(a) the nature of the violation, the location of the violation, the date and time of the violation (or the date and time when the violation was discovered) and the section(s) of this ordinance that were violated;

(b) the date of the initial hearing before the LCO tribal court which shall be no sooner than ten (10) days after service of the notice;

(c) the amount of the fine which may be paid by the violator to the LCO tribal court in order to avoid the initial hearing; and

(d) that failure to pay the amount of the fine or appear before the LCO tribal court on the date set for hearing, shall result in entry of a default judgment and an award of relief in accordance with this ordinance.

GNC.4.11.360 Forfeiture

(a) If the LCO tribal court finds that a violation of this ordinance has been committed, it may impose a forfeiture of not more than Five Thousand Dollars and 00/100 ($5000.00). The LCO tribal court may also reduce or suspend any fine on the condition that the owner or keeper fully comply with the order, or if the animal's owner or keeper proves that the violation has been corrected (for example, that the dog's vaccinations have been brought up to date).

(b) If the LCO tribal court finds that a violation of this ordinance has been committed and that it is likely that the owner or keeper of the animal will not provide proper care and supervision for the animal so as to prevent further violations of this ordinance, it may order the department to remove the animal from the owner or keeper and dispose of it in accordance with this ordinance and may order that the person be prohibited from owning or keeping animals in the future.

(c) In addition to the civil penalties imposed under this ordinance, the LCO tribal court may order the owner or keeper of an animal to pay any actual damages for injury to the person, property or resources of any person.

(d) Any person who fails to pay any fine assessed by the LCO tribal court within thirty (30) days after the fine has been assessed and who fails to make other arrangements regarding payment of the fine, shall owe, in addition to the fine imposed, ten dollars ($10.00) for each thirty (30) day period that the fine is overdue.

GNC.4.11.370 Disposition of Funds

All civil penalties collected by the LCO tribal court, which are in excess of court costs and reasonable administrative fees, and all licensing fees collected by the department, shall be placed into a separate account each month to be used by the department to enforce and administer this ordinance.

GNC.4.11.380 Private Causes of Action

Nothing in this ordinance shall prevent any person from bringing a private cause of action for damages to his person or property caused by any animal; provided however, any employee, agent, officer or representative of the department, the LCO Law Enforcement Department or any other department or agency from which the department has sought assistance, shall be immune to the extent provided for under applicable law.

GNC.4.11.390 Appeal of Decision of Department

(a) Any owner or keeper of any animal who disagrees with a decision of the department made under Section GNC.4.11.300 relating to designation of a dangerous animal; or Section GNC.4.11.330 relating to a permit for a wild or exotic animal may challenge the decision of the department in LCO tribal court by filing a written appeal within three (3) days of the date the department communicated its decision to the owner or keeper, excluding weekends, holidays and other days in which the LCO tribal court is closed.

(b) The LCO tribal court shall uphold any decision of the department subject to appeal unless it finds by preponderance of the evidence that such decision was arbitrary, capricious, an abuse of discretion or otherwise was contrary to the ordinance.

Subchapter GNC.4.12 Lac Courte Oreilles Trespass Ordinance

GNC.4.12.010 Title

This ordinance shall be referred to as the Lac Courte Oreilles On Reservation Trespass Ordinance.

GNC.4.12.020 Authority

LCO possesses the inherent sovereign authority to regulate its territory, and Article V, Section 1(s) of the LCO Constitution empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers."

GNC.4.12.030 Purpose

It is the policy of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter "Tribe") to reserve consent for use of its land and to impose civil penalties for trespass on Tribal lands and waters. The purpose of this Ordinance is to effect that policy.

GNC.4.12.040 Jurisdiction

Consistent with Subchapter TCT.2.3, the LCO tribal court shall have jurisdiction over cases arising under this ordinance limited solely by the constitution and federal law.

GNC.4.12.050 Construction

This ordinance shall be liberally construed to give full effect to the objectives and purposes for which it was enacted; and except as the context may indicate otherwise, shall not be construed to restrict LCO Law Enforcement, or any other law enforcement department or agency from which LCO Law Enforcement has sought assistance from exercising the authority or fulfilling the duties prescribed by this ordinance.

GNC.4.12.060 Severability

GNC.4.12.070 Repealer

This ordinance supersedes all prior trespass laws, codes, ordinances or regulations of the Tribe.

GNC.4.12.080 Definitions

Any term not defined in this section shall be given its ordinary meaning, and the below terms shall have the following meanings, except where the context indicates otherwise:

(a) Tribal Lands means any land or interest in land within the exterior boundaries of the Reservation, which is held in trust by the United States of America for the Tribe or its members, or held by the Tribe in fee or in any other form.

(b) Tribal Waters means waters within the exterior boundaries of the Reservation that are landlocked by Tribal land that have no public access or easements.

(c) LCO Law Enforcement means Officers of LCO Conservation Department and LCO Police Department and any other law enforcement department or agency from which LCO Law Enforcement has sought assistance.

(d) Non-Member means any person who is not enrolled as a member of the Tribe.

GNC.4.12.090 Trespass

A person commits the infraction of trespass if he or she:

(a) enters upon the real property of another that is posted to prohibit trespassing, is fenced or contains obvious outward signs of habitability without permission of the owner or the owner's agent;

(b) any Non-Member who enters Tribal Lands or Tribal Waters that are not specifically posted as open to the public.

GNC.4.12.100 Interference with Department

No person shall knowingly interfere with or hinder or restrict LCO Law Enforcement in the exercise of authority or performance of duties under this ordinance.

GNC.4.12.110 Enforcement Authority

LCO Law Enforcement shall have the primary responsibility and authority to enforce this ordinance.

GNC.4.12.120 Issuance of Citations

Any person authorize to enforce this ordinance may issue a citation when any violation of this ordinance occurs in the presence of the enforcement authority or the enforcement authority investigating a report of a violation of this ordinance finds probable cause to believe that a violation occurred, provided the citation shall state:

(b) the date of the initial hearing before the LCO tribal court which shall be no sooner than ten (10) days after service of the citation;

(c) the amount of the fine which may be paid by the violator to the LCO tribal court in order to avoid the initial hearing; and

GNC.4.12.130 Forfeiture

(a) If the LCO tribal court finds that a violation of this ordinance has been committed, it may impose a forfeiture of not more than Five Thousand Dollars and 00/100 ($5,000.00).

(b) If addition to the civil penalties imposed under this ordinance, the LCO tribal court may order actual damages for injury to the property or resources of any person that occurred as a result of the trespass.

(c) Any person who fails to pay any fine assessed by the LCO tribal court within thirty (30) days after the fine has been assessed and who fails to make other arrangements regarding payment of the fine, shall owe in addition to the fine imposed, Ten Dollars and 0/100 ($10.00) for each thirty (30) day period that the fine is overdue.

Subchapter GNC.4.13 Off Reservation Territory Ordinance

GNC.4.13.010 Title

This Ordinance shall be referred to as the Lac Courte Oreilles Off Reservation Territory Ordinance.

GNC.4.13.020 Findings

The Governing Board finds as follows:

(a) The Governing Board and its members, pursuant to Tribal Bylaws, Article I, Section 4, have the "duty ... to promote the general welfare of the ... [Tribe] and to carry out the provisions and purposes of this Constitution and Bylaws."

(b) The "duty ... to promote the general welfare of the ... [Tribe]" includes enacting ordinances to protect the Tribe's property, including Off Reservation Territory.

(c) Persons have sought permission to enter Off Reservation Territory for a variety of purposes, including studying, enjoying or harvesting natural resources.

(d) Persons have unlawfully entered Off Reservation Territory and have caused damage to natural resources, including illegally harvesting game.

(e) Enactment of this Ordinance is necessary to fulfill the duty of the Governing Board and its members to promote the general welfare of the Tribe by restricting access to Off Reservation Territory.

GNC.4.13.030 Authority

(a) The Tribal Constitution defines the territory of the Tribe to include: "[A]ll lands and waters within the exterior boundaries of the Lac Court Oreilles Reservation in Wisconsin established by Secretarial Order of March 1, 1873, and any lands or waters or interests therein which may be acquired outside the reservation by or on behalf of the band . . . ." Article I, Section 1.

(b) The Tribe's jurisdiction "extend[s] to all lands and waters within the territory of the band...Constitution, Article I, Section 2.

(c) The Tribal Constitution empowers the Governing Board to enact this Ordinance and to apply the same within the jurisdiction of the Tribe, as follows:

(1) "To manage, lease, permit or otherwise deal with tribal lands, interests in tribal lands or assets, or to purchase lands or to otherwise acquire lands, or interests in lands within or without the reservation." Article V, Section 1, (f).

(2) "To regulate, by enactment of ordinances, the conduct of business within the territory of the band, including the power to impose taxes or license fees upon members and non-members doing business within the reservation." Article V, Section 1, (n).

(3) "To regulate, by enactment of ordinances, the activities of hunting, fishing, ricing, trapping or boating by members and non-members of all lands and waters described in Article I, Section 1, including the power to impose license fees or taxes upon members and non-members for such activities." Article V, Section 1, (p).

(4) "To establish a tribal court for the purpose of enforcing tribal ordinance[s], to appoint game wardens, and to provide by appropriate ordinances, for fines, imprisonment or confiscation of equipment for violation of such ordinances." Article V, Section 1, (q).

(d) The Tribe is empowered to set conditions on entry to Off Reservation Territory and retains the inherent sovereign authority to regulate the conduct of tribal members and other persons, including nonmembers, who enter into consensual relationships with the Tribe or tribal members; or who threaten the health, welfare, economic security or political integrity of the Tribe.

GNC.4.13.040 Purpose

The purposes of this Ordinance are as follows:

(a) To exercise the authority granted to the Governing Board under the Tribal Constitution and the inherent sovereign power of the Tribe to set conditions on entry and regulate activities within Off Reservation Territory;

(b) To fulfill the duty of the Governing Board and its members "to promote the general welfare of the band" by protecting Off Reservation Territory and natural resources; and

GNC.4.13.050 Definitions

For the purposes of this Ordinance, the below terms are defined.

(a) "Department" means the Lac Courte Oreilles Conservation Department.

(b) "Director" means the Director of the Department.

(c) "Governing Board" means the governing body of the Tribe as set forth in Article III, Section 1 of the Tribal Constitution.

(d) "Nonmember" means any person other than a tribal member.

(e) "Off Reservation Territory" means all lands or waters or interests therein which may be acquired outside of the Reservation by or on behalf of the Tribe, including any trust land or leasehold interest held by the Tribe in any restricted or trust allotment, to the extent consistent with applicable law.

(f) "Person" means any natural person, including a tribal member or nonmember; any government, or agency thereof (excluding the Tribe), any firm, limited partnership, limited liability partnership, co-partnership, partnership, joint venture, association, corporation, subchapter S corporation, limited liability company, estate, business trust, receiver, or any other group or combination acting as a unit in the plural as well as the singular.

(g) "Reservation" means the Lac Courte Oreilles Reservation as defined in Article I, Section 1 of the Tribal Constitution.

(h) "Tribal Constitution" means the Amended Constitution of the Tribe.

(i) "Tribal Court" means the Lac Courte Oreilles Tribal Court.

(j) "Tribal Member" means an enrolled member of the Tribe.

(k) "Tribe" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin, a sovereign nation, along with its agencies, divisions, programs, entities, enterprises, including any corporation that is owned by the Tribe and is chartered by the Tribe or the federal government.

GNC.4.13.060 Posting Required

(a) The Director shall ensure that all Off Reservation Territory is posted with signs, which shall state:

"NO TRESPASSING. THIS PROPERTY IS UNDER THE JURISDICTION OF THE LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS OF WISCONSIN. ENTRY ONLY AS PERMITTED UNDER TRIBAL CODE. VIOLATORS WILL BE PROSECUTED IN TRIBAL COURT."

(b) The Director shall ensure:

(1) that signs are posted in locations so as to provide fair notice that trespassing is prohibited;

(2) that signs are repaired or replaced as necessary; and

(3) that compliance with this Ordinance is monitored.

GNC.4.13.070 Permit Required

(a) Except as provided in Section GNC.4.13.080, no person shall enter upon any Off Reservation Territory which has been posted without first obtaining a permit from the Department.

(b) No person shall knowingly:

(1) act beyond the scope or violate the terms or conditions of a permit issued by the Department under this Ordinance;

(2) remove, destroy, alter, obscure, or otherwise disturb any sign posted on Off Reservation Territory under this Ordinance;

(3) interfere with, hinder or restrict the Department or any other agency in the exercise of authority or performance of any duty under this Ordinance; or

(4) aide, abet or assist another person in the commission of a violation of this Ordinance.

GNC.4.13.080 Exceptions to Permit

The following persons may enter upon Off Reservation Territory without first obtaining a permit from the Department:

(a) Any agent or officer of a law enforcement agency with jurisdiction over the Off Reservation Territory who is acting within the scope of his duties and authority.

(b) Any tribal member for the purpose of exercising a treaty right subject to and in accordance with applicable law; provided the tribal member notifies the Department prior to entering upon Off Reservation Territory for such purpose.

(c) Any person who is acting within the scope of his duties and authority pursuant to or in fulfillment of a contract with the Tribe.

(d) Any other person permitted to enter upon Off Reservation Territory under applicable law.

GNC.4.13.090 Enforcement

(a) The Department, Tribe's Law Enforcement Department, and any other law enforcement department, or any agency from which an agency of the Tribe has sought assistance, are empowered to enforce this Ordinance.

(b) A citation may be issued when any violation of this Ordinance occurs in the presence of the enforcement authority or when probable cause exists to believe that a violation occurred, provided the citation shall state:

(1) the location, date and time of violation (or the date and time the violation was discovered) and the Section(s) of this Ordinance violated;

(2) the date of the initial hearing before the Tribal Court which shall be no sooner than ten (10) days after service of the citation;

(3) the amount of the fine which may be paid by the violator to the Tribal Court in order to avoid the initial hearing; and

(4) that failure to pay the amount of the fine or appear before the Tribal Court on the date set for hearing shall result in entry of a default judgment and an award of relief pursuant to this Ordinance.

GNC.4.13.100 Forfeiture

(a) If the Tribal Court finds that a violation of this Ordinance has been committed, it may impose a forfeiture of not more than Five Thousand Dollars and 00/100 ($5,000.00) per violation. The Tribal Court may develop a bond schedule for violations of this Ordinance.

(b) In addition to forfeiture, the Tribal Court may order restitution for injury to property arising from the violation of this Ordinance.

(c) Any person who fails to pay any forfeiture within thirty (30) days after entry of judgment by the Tribal Court and who fails to make or comply with other arrangements to pay the fine, shall owe the additional amount of Ten Dollars and 00/100 ($10.00) for each thirty (30) days period that the fine remains unpaid.

GNC.4.13.110 Administration

(a) The Director shall develop the permit and any other forms necessary or convenient for the administration of this Ordinance.

(b) The Director shall obtain the approval of the Governing Board prior to granting or denying a permit to enter Off Reservation Territory.

GNC.4.13.120 Construction

This Ordinance shall be liberally construed to give full effect to the purposes for which it was enacted.

GNC.4.13.130 Severability

If any provision of this Ordinance, or the application thereof to any person, is held invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or any other provision of this Ordinance.

Chapter GNC.5 School Attendance (Truancy) Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Preamble

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians to require the regular attendance at school of all school age person which predates its Treaties of 1825, 1826, 1837, 1842, 1847 and 1854 with the United States Government. In the implementation of this inherent sovereign authority, Article V, § 1(s) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice …"

Subchapter GNC.5.1 Introduction

GNC.5.1.010 Title

This ordinance shall be known as the School Attendance (Truancy) Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians (hereinafter "Tribe").

GNC.5.1.020 Authority

This ordinance is enacted pursuant to the inherent sovereign authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. In the implementation of this inherent sovereign authority, Article V, § 1(s) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians empowers the Tribal Governing Board to "promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians and providing for the maintenance of law and order and the administration of justice …"

GNC.5.1.030 Purpose

It is the purpose of this ordinance to require the regular attendance at school of all school age person living on the Lac Courte Oreilles Reservation and all tribal persons who live off of the Lac Courte Oreilles Reservation and attend school within the Hayward Community School District and the Winter School District.

GNC.5.1.040 Effective Date

Except as otherwise provided in specific sections, the provisions of this ordinance shall be effective on the date adopted by the Tribal Governing Board.

GNC.5.1.050 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the regular attendance at school of all school age persons subject to this ordinance;

(b) Shall be liberally construed in favor of the Tribe;

(d) The Tribe by adoption of this ordinance does not waive its sovereign immunity in any respect.

GNC.5.1.060 Severability and Non-Liability

If any section, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. The Tribe further asserts immunity on its part and that of its agencies, employees, and/or agents from any action or damages that may occur as a result of reliance upon and conformance with this ordinance.

GNC.5.1.070 Repeal of Inconsistent Tribal Ordinances

All ordinances and resolutions inconsistent with this ordinance are hereby repealed. To the extent that this ordinance imposes greater restrictions than those contained in any other tribal law, code, ordinance or regulation, the provisions of this ordinance shall govern.

Subchapter GNC.5.2 Definitions

GNC.5.2.010 General Definitions

Any term not defined in this section shall be given its ordinary meaning. The following terms, wherever used in this ordinance, shall be construed to apply as follows, except where the context indicates otherwise:

(a) "Truant" is understood by this ordinance to mean any enrolled person who is absent from school without an acceptable excuse for part or all of any day on which school is held during a school semester. Acceptable excuses are the following:

(1) Excused by the school for temporary physical or mental condition that impairs school attendance. Any request by a parent or guardian to excuse a person under this subsection for more than ten days, cumulative, in any one semester must be accompanied by a written note from a physician or other appropriate professional care-giver justifying the absence.

(2) Written permission of up to ten days per semester for absence by parent or guardian prior to absence, and

(3) Verified instruction in home-based educational program.

(4) Students who have reached their 18^th birthdays are permitted to originate their own excuse for an absence only if they are not living with their parents/guardians or the parent/guardian has provided permission for the student to originate their own excuse in writing. The student is still bound by the same set of acceptable reasons in (a)(1).

(b) "Habitual Truant" means any enrolled pupil who is absent from school without an acceptable excuse under the previous subsection for part or all of 5 or more days on which school is held during a school semester.

(c) "Dropout" means a person 18 years or younger who ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under Section GNC.5.3.030(a) of this ordinance.

(d) "School Age Person" is any person enrolled in school from the age of five years old through the age of 18 or until high school graduation. When a student turns 18 they are still subject to all school policies until the end of the current school year.

Subchapter GNC.5.3 General

GNC.5.3.010 Truancy

(a) If the Lac Courte Oreilles Tribal Court determines that a person is truant, the Tribal Court may order one or more of the following dispositions.

(1) An order for the school age person to attend school.

(2) A forfeiture of not more than $50.00 plus costs for a first violation, or a forfeiture of not more than $100.00 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to a maximum cumulative forfeiture amount of not more than $500.00 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the caregivers, the parents or guardians of the person, or both.

GNC.5.3.020 Habitual Truancy

(a) If the Tribal Court determines that a person is truant, the Tribal Court may order one or more of the following dispositions:

(1) An order for the person to attend school.

(2) An order for the person to attend an education program as prescribed by the Tribal Court.

(3) An order for the person to participate in counseling or a supervised work program or other community service as deemed appropriate by the Tribal Court. The cost of any such counseling, supervised work program or other community service work may be assessed against the person, the caregivers, the parents or the guardian, or both.

(4) An order placing the person under formal or informal supervision of a tribal agency, program, department or a suitable adult, under conditions prescribed by the Tribal Court and subject to the limitations of placement, if necessary, as prescribed in Chapter DMR.1 – Children's Code.

(5) A forfeiture of not more than $100.00 plus costs, for a first violation, or a forfeiture of not more than $500.00 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to the limitation that such fines may be levied only against a juvenile of twelve (12) years of age or older and subject to a maximum cumulative forfeiture amount of not more than $500.00 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardians or the person, or both. An order for the person's parent, caregiver, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.

(6) Notification of the truancy to any jurisdiction or agency issuing licensing of any nature to the person, including but not limited to, the Wisconsin Department of Transportation. The Tribal Court may present to the licensing agency, a recommendation of a suspension of privileges licensed, including the case of any license to operate a motor vehicle, or obtain a license to so operate, the suspension of privileges granted by Wisconsin Statue §§ 343.05(2)(a)(2 or (4)(b)(1) or comparable provisions in any other jurisdiction.

(7) Refer the habitually truant person who continues to be truant to the Sawyer County District Attorney for delinquency charges pursuant to Wis. Stat. §938.12. Filing information on a person does not preclude concurrent prosecution of the person's parent or guardian for failure to cause a person to attend school.

(8) Refer the person to the LCO Indian Child Welfare Department to evaluate and determine whether familial problems may be the cause of the person's truancy and or make appropriate referrals necessary.

(9) Any other reasonable conditions consistent with this ordinance, including a curfew, restrictions as to going to or remaining on specified premises and restrictions for associating with other persons and adults.

GNC.5.3.030 Dropouts

(a) If the Tribal Court determines that a person is a dropout, the court may:

(1) Notification of the drop-out to any jurisdiction or agency issuing licensing of any nature to the person, including but not limited to, the Wisconsin Department of Transportation. The Tribal Court may present to the licensing agency, a recommendation of a suspension of privileges licensed, including the case of any license to operate a motor vehicle, or obtain a license to so operate, the suspension of privileges granted by Wisconsin Statue §§ 343.05(2)(a)(2) or (4)(b)(1) or comparable provisions in any other jurisdiction.

(2) The Court may order for the person to attend school.

(3) Order a forfeiture of not more than $500 plus costs, to be assessed against the drop-out, the parents or guardians, or both.

(4) Refer the case of the habitually truant person who continues to be truant to the Sawyer County District Attorney for delinquency charges pursuant to Wis. Stat. §938.12. Filing information on a person does not preclude concurrent prosecution of the person's parent or guardian for failure to cause a person to attend school.

(5) Refer the person to the LCO Indian Child Welfare department to evaluate and determine whether familial problems may be the cause of the person's truancy and if so, make appropriate referrals as necessary.

(6) Any other reasonable conditions consistent with this ordinance, including a curfew, restrictions as to going to or remaining on specified premises and restrictions for associating with other juveniles and adults.

GNC.5.3.040 Failure to Cause a Person to Attend School Regularly

(a) Unless the school age person is excepted or excused under Section GNC.5.2.010(a) of this ordinance, or has graduated from high school, any person having under his or her control a school age person, shall cause the school age person to attend school regularly during the full period and hours, religious and traditional holidays excepted, that the tribal, public, or private school in which the school age person should be enrolled, is in session until the end of the school term, quarter or semester of the school year in which the school age person becomes 18 years of age.

(b) This section does not apply to:

(1) A school age person is exempted or excused under Section GNC.5.2.010(a) of this ordinance, or has graduated from high school

(2) To a person who proves that he or she is unable to comply with the requirements of this section because of the disobedience of the school age person, in which case the action shall be dismissed, and the Tribal Court may appoint a guardian ad litem relative to such school age person or make such reference to the Indian Child Welfare Department, Law Enforcement or other authority as deemed appropriate.

(3) If the Court determines that a person is guilty of Failure to Cause a Person to Attend School Regularly, the Court may:

(A) Order a forfeiture of not more than $500 plus costs to be assessed against the person unless contrary to Section GNC.5.3.030(a) and Section GNC.5.3.020(a)(5).

(B) Refer the case to the Sawyer County District Attorney for criminal charges pursuant to Wis. Stat. §§ 948.40 or 948.45

GNC.5.3.050 Payments of Forfeitures

(a) If a person is obligated to pay a forfeiture fails to do so within 60 calendar days, the Lac Courte Oreilles Attorney General's Office may institute an action requesting:

(1) An order for the payer to show cause why he or she should not be subject to contempt of court.

(2) A finding of Contempt of Court may result in incarceration.