Title PHS Public Health and Safety

Chapter PHS.1 Public Safety Commission 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 provide policy guidance and ensure that the Tribe's public safety agencies serve the members and visitors of the Lac Courte Oreilles Reservation, which authority 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(l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group … for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1 (m). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby establishes a public body known as the Lac Courte Oreilles Public Safety Commission (hereinafter referred to as the Public Safety Commission), and enacts this ordinance which shall establish the purposes, powers and duties of the Public Safety Commission. In any suit, action or proceeding involving the validity or enforcement of or relating to any of actions of the Tribe's public safety agencies, the Public Safety Commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of this ordinance. A copy of this ordinance duly certified by the Secretary/Treasurer of the Tribal Governing Board shall be admissible in evidence in any suit, action or proceedings.

Subchapter PHS.1.1 General Provisions

PHS.1.1.010 Title

This ordinance shall be known as the Public Safety Commission Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PHS.1.1.020 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 (l), (m), and (s) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group … for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1 (m); and "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. Article V, § 1 (s).

PHS.1.1.030 Declaration of Need

It is hereby declared:

(a) The safety of the tribal citizens and for our tribal public safety officers are the top priority of this Public Safety Commission.

(b) The protection of the tribe's resources and tribal entities are paramount for a safe community.

(c) This Public Safety Commission is dedicated to ensuring the Lac Courte Oreilles Reservation is safe place for citizens and guests.

(d) That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

PHS.1.1.040 Purpose

The Public Safety Commission shall be operated for the purpose of providing oversight and policy development for Lac Courte Oreilles Police Department, the Lac Courte Oreilles Conservation Enforcement Division, and the Lac Courte Oreilles Fire Department.

PHS.1.1.050 Territorial Applicability

This ordinance shall govern the activities of the public safety agencies of the Public Safety Commission pursuant to the provisions of this ordinance within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

PHS.1.1.060 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.

PHS.1.1.070 Compliance with Federal and State Law

The Tribe shall comply with all applicable federal laws, including the, 18 U.S.C. § 117, 18 U.S.C. § 922, 18 U.S.C. § 1162, 18 U.S.C. § 2261, 18 U.S.C. § 2262, 25 U.S.C. § 1301 et seq., 25 U.S.C. § 2801 et seq., 25 U.S.C. § 2451, 25 U.S.C. § 3613, 28 U.S.C. § 1360, 42 U.S.C. § 13925 et seq., Wis. Stat. §66.0313, Wis. Stat. §165.90, Wis. Stat. §165.92, Wis. Stat. §175.40, Wis. Stat. §806.245, Wis. Stat. §806.247, Wis. Stat. §813.12, Wis. Stat. §813.122, Wis. Stat. §813.123, Wis. Stat. §813.125, Wis. Stat. §813.128, Wis. Stat. §941.29.

PHS.1.1.080 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the activities of the public safety agencies of the Public Safety Commission subject to this ordinance;

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

PHS.1.1.090 Severability and Non-Liability

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the activities of the public safety agencies of the Public Safety Commission subject to this ordinance;

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

PHS.1.1.100 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 PHS.1.2 Definitions

PHS.1.2.010 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) "Area of Operation" means all areas within the jurisdiction of the Lac Courte Oreilles Band of Lake Superior Chippewa.

(b) "Executive Director or Director" means the individual employed by the Tribal Governing Board to manage the affairs of the public safety agencies as provided for in this Ordinance and other relevant documents.

(c) "Federal Government" shall be the United States of America; the Department of Justice, the Bureau of Indian Affairs or any other agency or instrumentality, corporate or otherwise of the United States of America.

(d) "Public Safety Commission" means the Lac Courte Oreilles Public Safety Commission.

(e) "Reservation" or "Reservation Lands" means those lands located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(f) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(g) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter PHS.1.3 General

PHS.1.3.010 Public Safety Commission

The Tribal Governing Board hereby establishes and empowers the Lac Courte Oreilles Public Safety Commission to carry out the intent of this ordinance as further defined herein:

(a) The Tribal Governing Board shall employ an Executive Director who will be responsible for effectuating this Public Safety Commission Code and the duties as defined in the Director's job description. The Executive Director shall be supervised by the Tribal Governing Board.

(1) In the absence of an appointed Executive Director, the Board of Public Safety Commissioners shall effectuate this Public Safety Commission Code and the duties detailed herein.

(b) Pursuant to Tribal Governing Board Resolution No. 15-17, in the implementation of Section TCT.1.3.030, the Tribal Governing Board thereby gave its consent to a limited waiver of immunity from suit which it does not otherwise have pursuant Section TCT.1.3.020; thereby waiving the Tribe's sovereign immunity only to the limited extent necessary, as required by Wis. Stat. §165.92(3m)(a)1 and §66.0313(4)(a)1, to allow the enforcement in state courts of its liability in actions against the Tribe and its Tribal Officers while acting within the scope of their employment pursuant to this ordinance.

(c) The Public Safety Commission, acting through its Executive Director, shall have the following powers which it may exercise consistent with the purposes for which it has been established:

(1) To adopt and use a corporate seal.

(2) To enter into agreements, contracts and understandings with any governmental agency, Federal, state or local or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to the administration of the activities of the public safety agencies of the Tribe.

(3) To oversee the activities of the public safety agencies of the Tribe and the public safety needs of members and such other persons or entities the Public Safety Commission may serve;

(4) To provide oversight of ongoing public safety activities;

(5) To receive and address citizen grievances under the relevant public safety agency policies and procedures;

(6) To provide oversight in the creation and review of policies governing the activities of the public safety agencies of the Tribe, and other such policies as requested by the Executive Director or the Tribal Governing Board;

(7) To provide oversight on the development of a Strategic Plan on public safety;

(8) To provide oversight in the long range planning of the Public Safety operations;

(9) To provide oversight on the development of the annual budgets of the public safety agencies of the Tribe; and

(10) To provide oversight as directed by the Tribal Governing Board on matters relevant to the Public Safety Commission and the purposes defined in Section PHS.1.1.040 of this ordinance.

(d) It is the purpose and intent of this ordinance to authorize the Public Safety Commission to secure the financial aid or cooperation of the Federal, state or local governments in the administration of the activities of the public safety agencies of the Tribe.

(e) No ordinance or other enactment of the Tribe with respect to the administration of the activities of the public safety agencies of the Tribe shall be applicable to the Public Safety Commission in its operations pursuant to this ordinance.

(f) The Tribal Governing Board does not by the adoption of this ordinance consent to any authorization not accountable to the Tribal Governing Board.

(g) The Executive Director shall submit the following reports to the Tribal Governing Board with copies to the Board of Public Safety Commissioners;

(1) Monthly Report showing:

(A) Summary of the prior month's activities;

(B) Financial condition of the Public Safety Commission and its public safety agencies;

(D) Plans for the future;

(E) Such other information as the Executive Director, the Board of Public Safety Commissioners, or the Tribal Governing Board deems pertinent.

(2) Annual Report showing;

(A) Summary of the above concerns addressed in the monthly report;

(B) Long-term plans and goals for the Public Safety Commission.

(h) The annual budgets of the public safety agencies of the Tribe must be approved by the Tribal Governing Board as well as any other operating budgets of the Public Safety Commission.

PHS.1.3.020 Board of Public Safety Commissioners and Tribal Governing Board Liaison

The Board of Public Safety Commissioners is hereby created to act in an advisory capacity to the Tribal Governing Board and the Public Safety Commission Executive Director and shall have those powers as stated in this section:

(a) The Tribal Governing Board, by formal action, shall appoint a Liaison(s) which shall be appointed to facilitate communication and coordination between the Tribal Governing Board and the Board. The Tribal Governing Board Liaison(s) shall not be considered a member of the Board.

(b) Official Powers and Duties. The Board of Public Safety Commissioners shall carry out the following official powers and duties:

(1) To advise the Tribal Governing Board and Executive Director of the Public Safety Commission on the activities of the public safety agencies of the Tribe and the public safety needs of members and such other persons or entities the Public Safety Commission may serve;

(2) To serve as an adjudicatory board for citizen grievances under the relevant public safety agency policies and procedures;

(3) To provide advice on the in the creation and review and provide recommendations on policies governing the activities of the public safety agencies of the Tribe, and other such policies as requested by the Executive Director or the Tribal Governing Board;

(4) To provide advice on the development of a Strategic Plan on public safety;

(5) To provide advice in the long range planning of the Public Safety operations;

(6) To provide advice on the development of the annual budgets of the public safety agencies of the Tribe;

(7) To provide advice as directed by the Tribal Governing Board or requested by the Executive Director on matters relevant to the Public Safety Commission and the purposes defined in Section PHS.1.1.040 of this ordinance; and

(8) None of the aforementioned powers and duties may be construed or interpreted to empower the Board beyond the capacity of advisory in nature as more fully defined in Section PHS.1.3.020(h), below.

(c) Organization. The Board of Public Safety Commissioners shall be organized in accordance with the following guidelines;

(1) The Board of Public Safety Commissioners shall be composed of seven (7) persons, all of whom must be citizens (members) of the Tribe. Applications for appointment must meet the qualifications set forth in this ordinance. In no case shall a sitting Tribal Governing Board member, or an employee of the Public Safety Commission, or an employee of any of the public safety agencies of the Tribe be appointed as a Board Member. No individual Commissioner, regardless of position, acting alone and without Board of Public Safety Commissioner approval is empowered or authorized to take any action or make any public statement regarding the Public Safety Commission, the public safety agencies of the Tribe, or Board of Public Safety Commissioners' positions on any matter. There shall be no limit on the number of terms any Commission member can serve, subject to any provision in the Tribal Constitution and Bylaws to the contrary.

(2) The Tribal Governing Board shall recruit and post vacancies of the Board to be filled from the tribal citizenry (membership). Applications shall be developed by the Tribal Governing Board.

(3) With the consensus of the Tribal Governing Board, the Chairperson may appoint up to two (2) non-voting members to the Board with expertise in a field relevant to the Board's work. Such ex officio Commissioners need not be enrolled members of the Band. The duration of any such ex-officio appointment shall be established by the Board at the time of appointment. These ex officio Commissioners may also serve as Emergency Response Team personnel.

(4) Applicants and recommended ex officio Commissioners shall submit to a background investigation for a determination of eligibility by the Tribal Governing Board. Applicants shall be required to cooperate with the fingerprint process and provide all relevant information to facilitate the investigation.

(d) Qualifications. Applicants for appointment to the Board of Public Safety Commissioners must satisfy the following requirements:

(1) Be an enrolled citizen (member) of the Tribe.

(2) Be at least 21 years of age.

(3) Have obtained a High School Diploma or GED equivalent or a degree of Higher Education.

(4) Have no prior record of, or entry of a plea of no contest to, any of the following in any tribal, county, state or federal court, unless pardoned:

(A) A felony.

(B) Fraud or misrepresentation in any connection.

(5) Shall not be employed by any of the public safety agencies of the Tribe and shall not be an employee of the Public Safety Commission.

(6) Shall not be primarily employed in a tribal director or management position that will impede the availability as a member of the Board.

(7) Shall not be an elected tribal official.

(8) Shall have demonstrated expertise, knowledge, or credentials in one or more of the following areas for consideration of sitting on the Board; Law enforcement, fire prevention and/or detection, conservation enforcement and/or the exercise of treaty hunting, fishing or gathering rights. The Board shall set the standards for expertise expected of all Commissioners.

(9) Shall comply with an approved code of ethics.

(e) Term. The Tribal Governing Board may appoint applicants, who meet the qualifications established in Section PHS.1.3.020(c) above, to the Board of Public Safety Commissioners as follows:

(1) All members of the Board shall be appointed for three (3) year, staggered terms, except that in the case of prior vacancy, an appointment shall be only for the length of the unexpired term.

(2) The Tribal Governing Board shall appoint a Commissioner for all vacancies to the Board of Public Safety Commissioners as soon as reasonably possible.

(3) Appointments shall occur on the anniversary date of the Commissioner's appointment, unless otherwise scheduled due to reasons of death, resignation or removal. Each member of the Board shall hold office until his or her successor has been appointed. All expirations shall occur on September 30th of each year and all appointments shall commence on October 1st of each year.

(4) A member of the Board may be removed by formal action of the Tribal Governing Board for neglect of duty, conflict of interest, malfeasance in office, unexcused absences of more than three consecutive regular meetings, or other due cause in the TGB's sole discretion. The decision of the TGB regarding any such removal shall be final and not subject to appeal.

(5) The Commissioners shall be appointed, and may be reappointed, by the Tribal Governing Board. Formal notification by the Tribal Governing Board as to the appointment or reappointment of any Commissioner shall be conclusive evidence of the due and proper appointment.

(f) Officers. Officers of the Board of Public Safety Commissioners shall be Chairman, Vice-Chairman, and Secretary. The Tribal Governing Board shall name one of the Board Member's as the Chairman of the Board. The Board shall elect from among its members a Vice-Chairman, and a Secretary. All officers shall serve one-year periods. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and the Vice-Chairman, the Secretary shall preside.

(g) Meetings.

(1) Quorum. A majority of the full Board shall constitute a quorum necessary to conduct Board business but no action shall be taken by a vote of less than a majority of such full Board.

(2) Voting. All Commissioners are entitled to vote on all issues. At the call of the question, by any one member on a particular issue, voting shall take place thereon. Voting by proxy representation shall be prohibited.

(3) Regularity of Meetings. Regular meetings of the Board shall be held monthly on the second Tuesday of the month or at a time agreed upon by the Board and the Executive Director. Special meetings may be held at the discretion of the Chairperson or by request of four (4) Commissioners. Regular and Special meetings notices must be posted. Special meetings shall be limited to only the stated agenda and no regular business may be conducted.

(4) Proceedings. All deliberations of the Board of Public Safety Commissioners, except in Executive Session shall be recorded. The Secretary shall keep complete and accurate records (minutes) of all meetings of the Board. Minutes of all meetings shall be distributed to Commissioners prior to the next meeting. Minutes shall be provided to the Tribal Governing Board upon adoption by the Board.

(5) Executive Sessions. The Board of Gaming Commissioners may consider the following matter(s) in executive (closed) sessions, but action taken regarding the matter(s) discussed in executive session shall be done in open session:

(A) Conferring with the tribal attorney who is rendering oral or written legal advice concerning strategy to be adopted by the Board of Public Safety Commissioners with respect to litigation in which it is or likely to become involved;

(B) Administrative status of confidential matters such as investigations and complaints;

(6) Annual Budget / Compensation of Board of Public Safety Commissioners.

(A) The Board shall review the annual operation budget of the public safety agencies of the Tribe and the Public Safety Commission. Once reviewed, such budget shall be recommended to the Tribal Governing Board for approval as part of the tribal annual budget adoption process.

(B) Appointed members of the Public Safety Commission shall not receive compensation for service as a Commissioner.

(C) Training for Board members to effectively and diligently carry out the powers and duties of this ordinance shall be provided by the Tribal Governing Board as set forth in the annual operation budget of the Public Safety Commission including travel, training/conference registration fees, and lodging costs. Such travel and training cost shall be determined and approved by the Tribal Governing Board Liaison.

(h) Advisory Capacity. The Board of Public Safety Commissioners shall serve in an advisory capacity to the Tribal Governing Board and the Executive Director to promote comprehensive planning, delivery of public safety services and evaluation of the public safety agencies of the Tribe.

(1) "Advisory Capacity" to the Tribal Governing Board means that the Board of Public Safety Commissioners shall assist the Tribal Governing Board in understanding the public safety projects and public safety services needs of members and such other persons or entities the public safety agencies of the Tribe may serve. As with other Tribal Committees, Boards and Commissions the Board of Public Safety Commissioners do not supervise the Tribal Governing Board on public safety matters nor is it empowered to require that certain actions be taken or to require or demand that the Tribal Governing Board engage in or approve any particular recommended course of action. The Board of Public Safety Commissioners shall review but does not have approval authority over all required or requested reports that the Executive Director submits to the Tribal Governing Board. Such duty or authority of review does not extend to reports or portions thereof that may be deemed confidential. The Chairperson or the Secretary of the Board of Public Safety Commissioners may also be present at all meetings where the Director is expected to present or submit required or requested reports.

(2) "Advisory Capacity" to the Executive Director means that the Board of Public Safety Commissioners shall assist the Executive Director in understanding the public safety projects and public safety services needs of Lac Courte Oreilles Tribal members and such other persons or entities the public safety agencies of the Tribe may serve in the planning and delivery of those services and evaluation of public safety and Department programs. The Board of Public Safety Commissioners is not authorized to supervise the Director on public safety matters or to require or demand that the Director engage in or approve any particular recommendation and shall not be involved in personnel matters of the public safety agencies of the Tribe except upon Tribal Governing Board request and then in only an advisory capacity.

(i) Restrictions.

(1) No commissioner shall be in a position involving a conflict of interest.

(2) No public safety agency employee shall be a commissioner.

(3) No elected official of the Tribal Governing Board shall be a commissioner.

(4) Nothing in this ordinance authorizes the Board to interfere with public safety management, operations, and employment relations or decisions.

(j) Care, Loyalty, and Conflict.

(1) Commissioners shall discharge their duties in good faith and in a manner that the member reasonably believes is in the best interest of Commission, and with due diligence that an ordinarily prudent person in a like position would exercise under similar circumstances. It is expected that all Commissioners will work in a competent and professional manner that reflects favorably on the Tribal Governing Board and the Tribe.

(2) Commissioners shall, at all time, subordinate their personal interests to those of the public safety agencies of the Tribe and the Board of Public Safety Commissioners and shall avoid conflicts of interest, including without limitation, that no Commissioner shall exploit information related to the authority of the public safety agencies of the Tribe, the Public Safety Commission, or the Board of Public Safety Commissioners for their own personal gain or profit without first presenting the same to the Board of Public Safety Commissioners or shall obtain any personal gain or profit from any transaction with the Public Safety Commission without fully disclosing such involvement and benefit to the Public Safety Commission and obtaining a waiver of any such conflict.

(3) No Commissioner shall commit any act with respect to the public safety agencies of the Tribe, the Public Safety Commission, or the Board of Public Safety Commissioners that is illegal, fraudulent, or willfully unfair to either the public safety agencies of the Tribe, the Public Safety Commission, or the Board of Public Safety Commissioners, or any employees of said departments.

(k) Personal Liability and Immunity.

(1) To the fullest extent permitted by law, the Tribe shall indemnify members of the Board of Public Safety Commissioners, and its officers, against costs, expenses, and liabilities incurred by them in carrying out their official duties as members of the Board and its officers.

(2) The Board of Public Safety Commissioners, as a delegated body of the Tribal Governing Board pursuant to the Lac Court Oreilles Constitution, Article V, §§ 1 (m) and (n), is immune, as is the Tribe, from suit and legal process in any state, federal or tribal court. Except as provided for in Section PHS.1.3.010(b) of this ordinance, the Lac Court Oreilles Band of Lake Superior Chippewa Indians does not waive any aspect of its sovereign immunity.

PHS.1.3.030 Confidential Information

(a) All members of the Board of Public Safety Commissioners understand, acknowledge, and agree by virtue of service on the Commission that the performance of their duties and responsibilities and obligations under this ordinance shall occur mainly within the territory of the Tribe as set forth in Article I, § 1 of the Lac Courte Oreilles Tribal Constitution; that they have read and understand the duties and responsibilities, obligations, and all other provisions of this ordinance; and that they have agreed to abide by the same.

(b) The Board of Public Safety Commissioners, or any employee or agent of the Public Safety Commission may have access to confidential information obtained by the Public Safety Commission, only as authorized or permitted by the Tribal Governing Board or authorized under this ordinance.

(c) Any member of the Board of Public Safety Commissioners, or any employee or agent of the Public Safety Commission who releases any information without approval from the Tribal Governing Board, or uses any information or personal gain, that is part of an ongoing investigation by any tribal safety agency of the Tribe shall be subject to sanctions, including dismissal from the Board of Public Safety Commissioners, or the Public Safety Commission and criminal penalties under Federal, State or Tribal law.

PHS.1.3.040 Miscellaneous

Subchapter PHS.1.4 Adjudicatory Board for Disciplinary Actions

PHS.1.4.010 Disciplinary Proceedings

(a) Purpose.

(1) Disciplinary actions may be commenced against an employee of a public safety agency of the Tribe, by the Chief of the public safety agency, for violations of departmental Standard Operating Procedures, or laws of the Tribe, or other government. Discipline may range from a verbal warning to termination.

(A) In serious matters, an internal investigation is conducted by the Public Safety Commission and the law enforcement officer under investigation may be placed on administrative leave pursuant to Section PHS.1.4.020 of this ordinance.

(2) In order to ensure due process to agency personnel, a public safety agency employee has the right to appeal a disciplinary action to the Public Safety Commission.

(3) Disciplinary actions may be ordered by the Chief of the public safety agency. The public safety agency employee may appeal a disciplinary action to the Public Safety Commission. Upon filing of an appeal, the Chief of the public safety agency shall submit formal charges against the officer to the Public Safety Commission.

(4) Any citizen may file charges or a complaint against a public safety agency employee with the Chief of the public safety agency. The Public Safety Commission can proceed with a hearing after an investigation by the agency Chief.

(5) If a citizen wishes to file a complaint with the Public Safety Commission, the Public Safety Commission will refer the complaint to the Chief of the public safety agency to begin an investigation. Upon completion of the investigation the Chief of the public safety agency shall submit his written report to the Commission.

(b) Commencement of Disciplinary Hearings. A request for an appeal of a decision of the Chief of a public safety agency must be submitted in writing to the Human Resource Director, or designee within three (3) calendar days.

(1) If the request is by a public safety agency employee or a citizen against a public safety agency employee, the Human Resource Director, or designee must without delay, notify the Executive Director of the Public Safety Commission and the Chief of the public safety agency that a hearing has been requested.

(2) The Board of Public Safety Commissioners must meet within ten calendar days and set a hearing date.

(3) The Board of Public Safety Commissioners has the right to extend hearing dates for cause.

(1) The Board of Public Safety Commissioners shall have legal counsel and court reporter present at all formal proceedings.

(2) The Board of Public Safety Commissioners has the authority to subpoena witnesses.

(3) Hearing procedures that may be unique to a particular hearing shall be established prior to the hearing.

(4) Disciplinary hearings shall be open, except where:

(A) the person subject to discipline requests in writing that the hearing be closed; or

(B) the Chief of the public safety agency requests in writing that the hearing be closed and indicates that confidential public safety matters are involved.

(5) Commissioners shall not discuss the disciplinary matter with anyone outside the Commission until the hearing is completed and a decision is filed.

(d) Rights of the Accused Public Safety Employee at Hearings.

(1) Notice of charges that have been made, or will be made, as well as actions that will or may be taken against the individual.

(2) The right to a hearing to respond to the charges.

(3) The right to representation at the individual's expense.

(4) The right to confront and cross-examine his/her accusers.

(5) The right to present evidence and argue his/her view of the facts.

(e) Pre-Hearing Conference.

(1) A pre-hearing conference shall be scheduled at least five (5) working days before the hearing. The law enforcement officer and the complainant shall be notified in writing of the pre-hearing conference and both may be represented.

(2) The following matters shall be accomplished at the conference:

(A) Witness lists and any prior written or recorded statements or reports of witnesses will be exchanged between the parties or their representatives.

(B) Exhibit lists will also be exchanged between the parties or their representatives, and each party and/or their representative shall be permitted to physically inspect all exhibits of the other party.

(C) Witnesses or exhibits not on the pre-hearing conference lists may not be introduced at the hearing unless the Public Safety Commission determines that the party or their representative can demonstrate a satisfactory reason for the inclusion of such witness or exhibit on the list(s) submitted at the pre-hearing conference.

(D) In the absence of the parry or representative at the pre-hearing conference, the Board of Public Safety Commissioners shall dismiss the charges unless the party unless the representative can demonstrate a satisfactory reason for non-appearance.

(f) Hearing Procedure.

(1) The nature of a public safety agency requires the highest level of public trust. As a result, hearings will be open to the public to allow the public to be reassured that hearings are conducted under the highest standards of objectiveness and reason.

(2) The Chairperson of the Board of Public Safety Commissioners has the duties of:

(A) Presiding over the hearing.

(B) Maintaining order.

(3) The Chairperson may elect to use an attorney or experienced hearing examiner to assist in conducting the hearing.

(4) Order of Business.

(A) The Chairperson calls the meeting to order and:

(B) Explains that the Public Safety Commission is not an investigative body.

(D) The Chairperson reads the charges, as filed with the Public Safety Commission, and cites the rule(s) and/or policy(s) that were alleged to be violated.

(E) Testimony begins with the person(s) who filed the charges.

(i) Witnesses, evidence, documents, and other related reports will be submitted by the Chief of the public safety agency or complainant.

(ii) Witnesses testify under oath which can be administered by the President or any other Commissioner.

(iii) Any Commissioner may ask questions but they must be relevant to the issues at hand. It is the President's responsibility to ensure that the questions are germane.

(iv) The public safety employee or representative may challenge the testimony or evidence presented.

(F) The law enforcement officer or representative is given an opportunity to present facts, introduce evidence, and call witnesses to prove:

(i) That the law enforcement officer was wrongly charged.

(ii) The penalty is not appropriate for the violation.

(G) The complainant may challenge any testimony offered by the accused.

(i) Both sides are allowed to present closing summaries of their position.

(ii) The Chairperson then adjourns the hearing.

(H) The Board of Public Safety Commissioners retires to executive session to deliberate upon the matter.

(g) Just Cause Standard Applied to Commission Deliberations. The Commissioners shall base their decisions regarding a disciplinary action upon the "just cause" standard.

(1) Whether the public safety employee could reasonably be expected to have had knowledge of the probable consequences of the alleged misconduct.

(2) Whether the procedure the public safety employee allegedly violated is reasonable.

(3) Whether the Chief of the public safety agency, before filing charges against the public safety employee, made a reasonable effort to discover whether the public safety employee did, in fact, violate a procedure.

(4) Whether the investigation was fair and objective.

(5) Whether the Chief of the public safety agency discovered substantial evidence that the public safety employee violated the procedure as described in the charges filed against the public safety employee.

(6) Whether the Chief of the public safety agency is applying the rule or order fairly and without discrimination against the public safety employee.

(7) Whether the proposed discipline is reasonable as it relates to the seriousness of the alleged violation and to the public safety employee's record of service with the Tribe.

(h) Public Safety Commission Actions.

(1) The Public Safety Commission may on appeals, review a disciplinary action taken by the Chief of a public safety agency, and:

(A) Approve the action taken by the Chief of a public safety agency without change.

(B) Dismiss or modify the charge(s) made by the Chief of a public safety agency.

(D) Void the action taken by the Chief of a public safety agency.

(2) The Public Safety Commission may impose any of the following penalties, but is not limited to the penalties listed herein.

(A) Verbal consultation

(B) Written reprimand.

(D) Demotion in rank.

(E) Termination of employment.

(3) The Public Safety Commission's findings shall be in writing and include:

(A) A statement of all charges filed.

(B) The specific rule(s), policy(s), or standard(s) of conduct violated.

(D) A summary of the disciplinary actions considered by the Public Safety Commission.

(E) The disciplinary action ordered by the Public Safety Commission and any special actions attached to the approved disciplinary action.

(4) In acting on a complaint including a request for termination of employment, filed with the Public Safety Commission, the Public Safety Commission may:

(A) Dismiss the complaint.

(B) Dismiss or modify certain charges filed.

(D) Allow the Public Safety Commission the power to hire an outside agency to conduct the investigation of allegations against the Chief of the public safety agency.

(i) Appeals of Commission Findings. Appeals of Public Safety Commission's ruling shall be made to the Lac Courte Oreilles Tribal Court.

(1) Hearing before the Lac Courte Oreilles Tribal Court. Either party may request a review of the Public Safety Commission's ruling by the Tribal Court. The Tribal Court review will be limited to the information presented to the Public Safety Commission and the limited review is to ensure that the Due Process rights of the Employee and the Public Safety Agency were protected and followed. If the Court finds any deficiencies in the Public Safety Commission's decision, it shall remand the matter back the Public Safety Commission for further review consistent with the Tribal Court findings. Each party shall have five (5) working days to submit their request for Tribal Court review of the Public Safety Commission's decision; failure to abide by the timeline stated in this section shall be deemed a waiver of the disciplinary appeal and the appeal shall be terminated; the Public Safety Commission's decision shall be deemed as final.

(A) The Tribal Court shall have the discretion to decide whether to schedule a hearing in any appeal of a disciplinary action taken by the Chief of the public safety agency.

(B) The Tribal Court may issue a decision without a hearing after reviewing the decision of the Public Safety Commission and the evidence submitted during the grievance and appeal processes.

(C) In all cases, the Tribal Court shall review the findings of fact and conclusions of law solely to determine whether the appeals committee committed clear error. "Clear error" means that the decision is not reasonably supported by the facts or law.

(D) If the Tribal Court determines that clear error occurred regarding all violations and procedural steps established in this section were not followed, it shall uphold/overturn the decision of the Public Safety Commission and order that the employee's personnel file reflect such decision; that the employee be restored to his or her previous position and that all the benefits which may have been withheld shall be credited to the employee as if no disciplinary action had ever occurred. Upon return to work, the Human Resource Director will meet with the employee and Chief of the public safety agency and develop a work reinstatement plan including specific timelines and tasks for reintroduction into the workforce.

(E) If the Tribal Court determines that clear error occurred regarding only a portion, but not all of the violations, it shall uphold/overturn the decision of the Tribal Court only regarding such violations and may, but is not required to, order such adjustments as it deems proper, including that the employee's personnel file reflect such decision; that the employee shall be restored to his or her previous position and that all or a portion of the benefits which may have been withheld shall be credited to the employee as if no disciplinary action had ever occurred. Upon return to work, the Human Resource Director will meet with the employee and the department head or director and development a work reinstatement plan including specific timelines and tasks for reintroduction into the workforce.

(F) If the Tribal Court determines that clear error did not occur regarding any violation and the procedural steps established in this section were followed, it shall uphold/overturn the decision of the Tribal Court; and shall uphold all disciplinary measures taken by Management without substituting its judgment for that of Management.

PHS.1.4.020 Administrative Leave: Public Safety Employees

(a) General. Administrative leave is an action commenced by the Chief of a public safety agency affecting the status of a public safety employee. A public safety employee is temporarily relieved of all public safety powers while on administrative leave. The public safety employee continues to receive salary and is responsible to report to the Chief of the public safety agency or perform other duties as assigned. Administrative leave does not denote wrong-doing on the part of the public safety employee

(b) Applicability. Administrative leave may only be ordered in the following circumstances:

(1) The public safety employee poses a threat to themselves or others.

(2) The public safety employee is alleged to have committed a violation(s) which calls for termination of his or her employment as a public safety employee.

(3) The public safety employee is alleged to have committed a violation(s) that is under investigation and that would cause a loss of public trust in the public safety agency of the Tribe.

(4) The public safety employee is under investigation for alcohol or drug abuse.

(5) The public safety employee is under investigation for insubordination, untruthfulness, or commission of a crime.

(6) The public safety employee demonstrates behavior indicating the public safety employee is unfit for duty.

(1) In cases where the public safety employee is under formal investigation, the public safety employee will remain on administrative leave until the investigation is completed.

(A) If the investigation results in allegations being sustained, the public safety employee will remain on administrative leave pending issuance of discipline.

(B) If the investigation results in a finding that the charges were unfounded or not sustained, the public safety employee shall be immediately returned to active duty status.

(2) In cases where the law enforcement officer is placed on administrative leave for other matters not involving formal investigation, the law enforcement officer shall be returned to active duty status upon order of the Chief of the public safety agency. The period of administrative leave in incidents not involving investigation shall not exceed thirty working days.

Subchapter PHS.1.5 Establishment of Tribal Police

PHS.1.5.010 General Principles

(a) All operations shall take place on and within the reservation unless there is a potential that safety and welfare of an individual is being compromised. In addition, law enforcement operations may take place pursuant to mutual aid and other agreements with local governments.

(b) All law enforcement operations shall be conducted as set forth in this ordinance.

(c) Law enforcement operations shall be used primarily for the purposes of providing law enforcement within the reservation and to supplement external law enforcement services offered by local governments within the reservation.

(d) The Police Department may allow law enforcement use of service firearms in order to protect life, liberty, property, land and premises, according to the usual and minimum accepted law enforcement standards as determined by the Police Chief with approval of the Public Safety Commission. However, actual use of deadly force shall be allowed solely for the protection of life or the prevention of grievous bodily harm.

(e) The Public Safety Commission and Board of Public Safety Commissioners, as established by this ordinance, shall provide oversight regarding the activities and actions of the law enforcement operations to provide the greatest possible professional services to the reservation and to allow for community input regarding those law enforcement services.

PHS.1.5.020 Chief of Police

(a) The Tribal Governing Board shall appoint a Chief of Police of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians upon such terms and conditions of employment as the Tribal Governing Board shall direct.

(b) The Chief of Police shall coordinate the law and order program on reservation lands. The Chief of Police shall meet as necessary with the Executive Director of the Public Safety Commission to discuss the law and order program and make recommendations for improving the efficiency of the program. The Chief of Police, in conjunction with the Executive Director, shall review the law and order program and assist in the preparation of the Department's annual budgets and shall administer funds used in the law and order program pursuant to the budget approved by the Tribal Governing Board. Subject to the availability of funding, the Chief of Police, with the concurrence of the Executive Director, shall establish such ranks and appoint and commission officers within the Police Department. The Executive Director of the Public Safety Commission shall supervise the Chief of Police.

PHS.1.5.030 Duties of the Chief of Police

The Chief of Police shall carry out the following official powers and duties:

(a) To be responsible for and have charge over all law enforcement functions within the jurisdiction of the Tribe.

(b) To be in command of the Police Department, all law enforcement officers and Police Department employees.

(c) To instruct, train, and advise law enforcement officers in their functions, duties, and responsibilities for the efficient maintenance of law and order on reservation lands.

(d) To report to the Executive Director of the Public Safety Commission, the Board of Public Safety Commissioners, and the Tribal Governing Board on Tribal Police activities as requested.

(e) To select and recommend persons for appointment to and dismissal from the Police Department consistent with Tribal law.

(f) To provide all law enforcement officers to the Tribal Court to perform bailiff service, service of Court papers or transportation of prisoners if applicable.

(g) To assist the Executive Director of the Public Safety Commission in the development of a Tribal Police policies and procedures manual to serve as a standard of conduct to ensure the efficient maintenance of law and order on reservation lands.

(h) To ensure cooperation with other law enforcement agencies.

(i) To do other law enforcement related activities as the Executive Director of the Public Safety Commission shall direct.

(j) To designate an acting Chief of Police in his absence.

PHS.1.5.040 Law Enforcement Officer Appointment

Law enforcement officers shall be hired by the Chief of Police. The terms and conditions of employment shall be established by the Executive Director of the Public Safety Commission in accordance with applicable law.

PHS.1.5.050 Law Enforcement Officer Qualifications

The qualifications of law enforcement officer shall be as follows:

(a) A sound physical and mental condition and ability to perform the required duties as established by this ordinance.

(b) Certification as a law enforcement officer or in attendance at the police academy if not currently certified.

(d) Within five years of their date of hire, completion of the educational requirements as follows:

(1) Possess a two year associate degree from a vocational, technical, or tribal college;

(2) Possess documentation showing a minimum of 60 fully accredited college level credits. Documentation will be required in the form of an official transcript; or

(3) Possess a bachelor's degree from a college or university.

PHS.1.5.060 Conditional Employment

Persons who are not certified law enforcement officers at the time of hire, are considered conditional employees and must attain the educational requirements as specified in Section PHS.1.5.050(d) of this ordinance within five years of their date of hire. Conditional employees are not eligible for promotion. Law enforcement officers who fail to meet the specified requirements in Section PHS.1.5.050 of this ordinance, shall be subject to immediate termination.

PHS.1.5.070 Duties of a Law Enforcement Officer

The duties of a law enforcement officer shall be:

(a) To obey promptly all orders of the Police Chief and/or the ranking law enforcement officers.

(b) To report and investigate all violations of any law or regulation coming to the attention of the Tribal Police Department.

(c) To use discretion as to when to arrest persons for violation of laws and regulations when sufficient grounds exist for doing so.

(d) To lend assistance to other law enforcement officers.

(e) To prevent, whenever possible, violation of the laws.

(f) To be informed as the Lac Courte Oreilles Tribal Code of Law and all other laws and regulations applicable to the lands and jurisdiction of the Tribe and to attend such training sessions as the Chief of Police may direct.

(g) To comply with all rules adopted by the Wisconsin Department of Justice Training and Standards Bureau applicable to law enforcement officers, including rules specifically applicable to Tribal law enforcement officers.

PHS.1.5.080 Dismissal of a Law Enforcement Officer

A law enforcement officer can be suspended or dismissed for noncompliance with the provisions of this ordinance or other violations of regulations, Tribal Police policies and procedures manual, the Tribes' Employee Manual, standing orders of the department or neglect of duty.

PHS.1.5.090 Deputizing and Scope of Authority

(a) When authorized by the Tribal Governing Board, law enforcement officers of the Tribe may be deputized by another jurisdiction to aid in the effective law enforcement of the lands and jurisdiction of the Tribe.

(b) When authorized by the Tribal Governing Board, law enforcement officers and law enforcement personnel from other jurisdictions or other departments of the Tribe may be deputized to aid in the enforcement of this ordinance.

(c) When authorized by § 165.92 of the Wisconsin Statutes, Law enforcement officers of the Tribe may exercise the same powers to enforce Wisconsin state laws and to make arrests for violations of such laws as are possessed by other certified law enforcement officers in the State of Wisconsin.

PHS.1.5.100 Police Training

(a) It shall be the goal of the Tribe to attract and retain experienced, professional law enforcement personnel. To this end, the Public Safety Commission shall establish minimum standards of training, which all law enforcement officers shall be required to meet. Further, the Chief of Police shall explore, schedule, and arrange periodic training and retraining programs for law enforcement officers from all available resources. Such programs shall stress not only basic police procedures and techniques, but shall also deal with crime prevention, community and public relations and other appropriate topics. Training is to be in compliance with the requirements established by the Wisconsin Department of Justice Training and Standards Bureau.

Subchapter PHS.1.6 Firearms Control

PHS.1.6.010 General Principles

The Tribe hereby establishes regulations for the carrying of firearms issued to certified law enforcement officers employed by the Tribe.

(a) The needs and requirements for carrying firearms shall be established and determined by the Executive Director of the Public Safety Commission subject to the review of the Board of Public Safety Commissioners.

(b) Said requirements shall reflect the needs of the Tribe in order to protect all persons and property.

Chapter PHS.2 Solid Waste Disposal and Recycling 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 promote and protect the land, water, health, safety, and well-being of the Lac Courte Oreilles tribal community and surrounding area and to ensure that efficient and environmentally safe solid waste management procedures are practiced on the Lac Courte Oreilles Reservation, 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 Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "To promulgate and enforce ordinances…providing for the maintenance of law and order and the administration of justice…" Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby regulates solid waste and recycling by providing procedural guidelines and planning for the administration and enforcement of ordinance violations. This ordinance applies to the disposal and recycling activities of citizens (members) on the Lac Courte Oreilles Reservation. Further, this ordinance applies to residences, tribal programs and tribal enterprises located within the exterior boundaries of the reservation.

Subchapter PHS.2.1 General Provisions

PHS.2.1.010 Title

This ordinance shall be known as the Solid Waste Disposal and Recycling Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PHS.2.1.020 Authority

PHS.2.1.030 Purpose

The purpose of this ordinance is to promote and protect the land, water, health, safety, and well-being of the Lac Courte Oreilles tribal community and surrounding area. Further, to ensure that efficient and environmentally safe solid waste management procedures are practiced on the Lac Courte Oreilles Reservation: to regulate solid waste and recycling by providing procedural guidelines and planning for the administration and enforcement of ordinance violations. This ordinance applies to the disposal and recycling activities of citizens (members) on the Lac Courte Oreilles Reservation. Further, this ordinance applies to residences, tribal programs and tribal enterprises located within the exterior boundaries of the reservation.

PHS.2.1.040 Territorial Applicability

This ordinance shall govern the practice of solid waste management procedures subject to the provisions of this ordinance by members and non-members within Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

PHS.2.1.050 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.

PHS.2.1.060 Interpretation

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to the Housing Authority activities subject to this ordinance;

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

PHS.2.1.070 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.

PHS.2.1.080 Repeal of Inconsistent Tribal Ordinances

Subchapter PHS.2.2 Definitions

PHS.2.2.010 General Definitions

(a) "Citizen" means an enrolled member of the Lac Courte Oreilles Lake Superior Band of Chippewa Indians.

(b) "Collector" means any person or business who collects and transports solid waste and recyclable materials.

(c) "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking, and/or consumption of foods.

(d) "Hazardous Solid Waste" means any substance or combination of substances including any waste of a solid, semi-solid, liquid, or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration, or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, radioactive, corrosive, flammable, irritants, strong sensitizers, pesticides, and explosives.

(e) "Incinerator" means a facility where the process of burning solid, semi-solid or gaseous combustible wastes to an inoffensive gas or a residue containing little or no combustible material.

(f) "Non-Recyclable Material" means pyrex glass, window glass, light bulbs, mirrors, broken glass, china, styrofoam and melamine type plastics, waxed paper, waxed cardboard, envelopes with gummed labels, glossy paper, magazines, envelopes with plastic windows, garbage, rubbish, telephone directories, bottle or jar caps and any materials for which there is no destination point for reclamation or processing.

(g) "Open Burning" means 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.

(h) "Public Nuisance" means the disposal of solid waste materials in such a manner which is offensive to the surrounding community which affects the general health, welfare, and peace.

(i) "Recyclable Material" means brown, clear, and green container glass, aluminum cans, plastic containers with #1 or #2 inside a triangle on the bottom, corrugated cardboard, newspaper, and any material for which there is a destination point named for reclamation or processing.

(j) "Regulations" means any conservation regulation contained within this ordinance.

(k) "Reservation" or "Reservation Lands" means those lands, including the beds of any streams and flowages, located within the exterior boundaries of the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(l) "Rubbish" means combustible and non-combustible refuse, including paper, wood, metal, glass, cloth, litter, yard waste, ashes, lumber, and concrete.

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

(n) "Tribal Attorney(s)" means the tribal attorney(s) employed by the Lac Courte Oreilles Legal Department, whom are in charge of and responsible for the prosecution of citations relating to Conservation.

(o) "Tribal Conservation Department" or "Department" means the conservation department of the Tribe.

(p) "Tribal Court" means the court of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(q) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(r) "Solid Waste" means all garbage, refuse, rubbish, trash, construction and demolition materials, yard waste, dead animals, and solid materials generated from residential, commercial, and industrial activities. Solid waste does not include hazardous waste and human body waste.

(s) "White Goods" means household appliance such as refrigerator, stove, air conditioner, washing machine, dryer, dishwasher, etc.

Subchapter PHS.2.3 General

PHS.2.3.010 Transfer Station Site

The Lac Courte Oreilles Solid Waste Transfer Station and Recycling Center is located at the closed landfill site on County Highway NN. The Lac Courte Oreilles Solid Waste Transfer Station and Recycling Center, as such facility is now or may hereafter be expanded or revised, shall be the only location upon which non-hazardous solid wastes and recyclables shall be dropped off. No other site, unless opened and managed by the Lac Courte Oreilles Conservation Department, as directed by the Tribal Governing Board, shall be utilized on the Lac Courte Oreilles Reservation.

PHS.2.3.020 Disposal of Solid Wastes, Recyclables, Hazardous

(a) Waste and General Provisions.

(1) Solid Waste Disposal. Solid Waste disposal of non-recyclable materials shall be disposed of in the designated compacting bin at the Lac Courte Oreilles Solid Waste Transfer Station and Recycling Center, according to sorting guidelines stated in the Lac Courte Oreilles Plan of Operation and posted at the Transfer Station Site. Solid Waste generated by non-tribal members who reside or operate businesses within the reservation boundaries may use the Lac Courte Oreilles Transfer Station and Recycling Center, provided that such waste is placed in "LCO" labeled bags.

(2) Disposal of Recyclables. All recyclable materials as stated in Section PHS.2.2.010(i) of this ordinance shall be sorted, according to guidelines posted at the Transfer Station site, and placed in an unlabeled, clear plastic bag. Recycled materials shall be dropped off in the designated bin at the Transfer Station.

(3) Hazardous Waste. Materials designated as hazardous waste or hazardous substance by this Ordinance or subsequent regulations passed by the Tribal Governing Board shall not be transported for disposal or accepted for disposal at the Lac Courte Oreilles Solid Waste Transfer Station.

(4) General Provisions. Solid Waste generated outside the reservation boundaries of Lac Courte Oreilles may be disposed at the LCO Transfer Station and Recycling Center, at scheduled and posted fees.

(A) It shall be illegal to dispose of solid waste on tribal or allotment lands where disposal of these wastes will cause a public nuisance or health hazard or by causing foul odors to escape or by infestation of rodents.

(B) Solid waste and recyclable materials may be disposed of by private collectors who haul waste off the LCO Reservation. Such private collectors shall be subject to this Ordinance for proper transfer of waste.

(C) Vehicle batteries shall not be disposed of on any lands within the Lac Courte Oreilles Reservation. Batteries shall be properly disposed of at a designated business within or outside the reservation.

(D) Used engine oil shall not be disposed at the LCO Transfer Station and Recycling Center. Proper disposal of engine oil shall be designated through the assistance and cooperation of tribal and private businesses located within and outside the reservation.

(E) Vehicle tires, yard waste, and white goods (household appliances) shall be deposited and stored at the LCO Transfer Station and Recycling Center, at a scheduled and posted fee for certain items.

(F) It shall be illegal to burn solid waste materials in residential burning barrels and business incinerators on the Lac Courte Oreilles Reservation, except by issuance of burning permit.

(G) It shall be illegal to scavenge/salvage any waste materials to retrieve recyclable materials deposited at the LCO Transfer Station and Recycling Center.

(H) It shall be illegal to hunt wild animals in the immediate vicinity of the LCO Transfer Station and Recycling Center, where "No Hunting" signs are posted.

(I) All solid waste, not collected by private collectors and transferred away, shall be disposed at the LCO Transfer Station and Recycling Center in accordance with the stated provisions under Section PHS.2.3.030 of this ordinance, below.

(J) It is unlawful for any person to fail to dispose of solid waste, which may be or may accumulate upon property owned or occupied by him, in a sanitary manner as often as may be necessary to keep said premises in an orderly and sanitary condition. Failure to keep said premises is an orderly and sanitary condition constitutes a public nuisance.

PHS.2.3.030 Administration

(a) Solid waste shall be disposed at the LCO Solid Waste Transfer Station and Recycling Center where an attendant shall monitor the final disposal of sorted waste.

(b) Solid waste shall be disposed in clear plastic bags which are marked "LCO" for non-recyclable material.

(c) Solid waste disposed in "LCO" plastic bags shall include all non-recyclable materials defined in Section PHS.2.2.010(c) and Section PHS.2.2.010(f) of this ordinance.

(d) All other waste which is recyclable shall be disposed of in clear, unlabeled plastic bags.

(e) The LCO Housing Authority shall sell "LCO" labeled clear plastic bags at its offices for convenience of its tenants.

(f) Clear plastic bags labeled with "LCO" shall be available for sale at designated locations, including the LCO Transfer Station and Recycling Center and LCO Commercial Center.

PHS.2.3.040 Fees

Solid waste clear plastic bags shall be labeled "LCO" for use at the Transfer Station. Such fees for the sale of bags shall be adjusted when necessary, with posted notice to the tribal community. Recyclable waste requiring clear plastic bags shall not be subject to a fee schedule. Such plastic bags must be purchased or obtained by the tribal consumer on an individual basis.

PHS.2.3.050 Penalties

(a) Warning.

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

(2) Notwithstanding the provisions of Section PHS.2.3.050(a)(1) above, if an identified name or address is found on mail, a prescription bottle, or any other identifiable article in solid waste discarded in in violation of this ordinance, the citizen or non-citizen is hereby in violation of this ordinance subject to a rebuttable presumption and shall be issued a citation pursuant to Section PHS.2.4.050 of this ordinance and shall clean up the unlawfully discarded solid waste within three (3) days of the issuance of a citation.

(b) Prosecution.

(1) Any person who has been warned in the manner provided in Section PHS.2.3.050(a) above, and who thereafter violates any provisions of this ordinance shall, upon conviction thereof, forfeit not less than Twenty and 00/100 Dollars ($20.00) nor more than Five Thousand and 00/100 Dollars ($5000.00), together with the cost of prosecution.

(2) A citizen found guilty of violating this ordinance, whom has failed to pay a fine within the timeframe established by the Tribal Court or whom has failed to properly clean up the unlawfully discarded solid waste within three (3) days of the issuance of a citation pursuant to Section PHS.2.3.050(a)(2) of this ordinance shall have their hunting, fishing, trapping, and gathering rights (both on-reservation and off-reservation) revoked for the period of one (1) year from the date of the issuance of a citation.

(c) The LCO Transfer Station and Recycling Center shall not accept solid waste which is not properly placed into "LCO" clear plastic bags for non-recyclables and ordinary clear plastic bags for recyclable materials.

(d) Sanctions for dumping of hazardous solid waste materials shall be the suspension of the privilege to use the LCO Transfer Station and Recycling Center for a time period designated by the Tribal Court.

(e) Costs of clean-up, prosecution, and court fees shall be assessed upon conviction in the Lac Courte Oreilles Tribal Court, in addition to penalties for violating provisions of the Ordinance.

Subchapter PHS.2.4 General

PHS.2.4.010 Hearings in Tribal Court

Jurisdiction over all matters arising under this ordinance shall be with the tribal court which shall adjudicate in accordance with Title II of the Lac Courte Oreilles Tribal Code of Law all questions, complaints and alleged violations involving the provisions of this ordinance.

PHS.2.4.020 Enforcement by Conservation Wardens

Any provision of this ordinance may be enforced by wardens of the tribal conservation department or officers of the tribal law enforcement department. Said tribal law enforcement officers are hereby deputized by the Tribe as tribal conservation wardens for the purpose of enforcing this ordinance. The Conservation Department shall develop and implement department rules to administer daily responsibilities pursuant to this Ordinance.

PHS.2.4.030 Enforcement by Other Law Enforcement Officers

The Tribal Governing Board has the discretion to allow other state, local or federal law enforcement officers the authority to enforce the provisions of this ordinance and to institute proceedings in the tribal court by use of citation forms of the tribal conservation department or to refer the matter to appropriate tribal wardens or the tribal prosecutor for further investigation or action.

PHS.2.4.040 Investigations

(a) Any person authorized to enforce the provisions of this ordinance may:

(1) Investigate complaints regarding alleged violations of this ordinance within the Lac Courte Oreilles Reservation lands as well as off-reservation lands under the jurisdiction and purview of the Lac Courte Oreilles Tribe.

(2) Execute and serve warrants and other process issued by the tribal court in accordance with applicable law;

(3) Exercise reasonable discretion and judgment in enforcing and applying any provision of this ordinance.

PHS.2.4.050 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 has occurred, provided:

(a) The citation is issued on a form approved by the Tribal Governing Board or tribal court to any person whose conduct is regulated by the provisions of this ordinance upon reasonable belief that such person has violated or breached a provision of this ordinance; and

(b) The citation states 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;

(c) The citation states the date of the initial hearing before the tribal court which shall be no sooner than ten (10) days after the service of the notice;

(d) The citation states the amount of the fine which may be paid by the violator to the tribal court in order to avoid the initial hearing;

(e) The citation states that the 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 in accordance with this ordinance.

PHS.2.4.060 Penalties

(a) If the tribal court finds that any member or duly authorized non-member who, for himself or herself, or by his or her agent, servant or employee, or who as an agent, servant or employee of another, violates this ordinance, the member or non-member shall be liable as follows:

(1) For all violations for which no other amount is specified, a civil remedial forfeiture of not more than $5,000.00;

(2) For any violation, attendance of cultural education classes;

(3) For all violations, appropriate court costs within the discretion of the court.

(b) Any member or duly authorized non-member who fails to pay any fine assessed by the 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, $10.00 for each thirty (30) Day period that the fine is overdue.

PHS.2.4.070 Enhancement of Forfeiture and Penalties

Upon conviction of any member or duly authorized non-member for a violation of this ordinance when such person has been convicted of a previous violation of this ordinance within a period of one year, the court may enhance any civil remedial forfeiture or other penalty as the court deems appropriate.

PHS.2.4.080 Schedule of Money Penalties; No Contest

The Tribal Court, in consultation with the Tribal Governing Board, may adopt a schedule of forfeitures to be imposed by the Court upon the receipt of an admission that a violation of this ordinance has occurred, or a plea of no contest, which may be done either in person or in writing. This schedule shall not bind the Court as to forfeitures assessed by the Court after adjudicating a violation where the defendant has entered a plea of not guilty.

PHS.2.4.090 Collection of Money Penalties

Enforcement of the money penalties imposed pursuant to this ordinance may be had through the collection of penalties from funds of the violator held by the Tribe, through the imposition of community service work requirements in lieu of money payment, through debt collection mechanisms of the courts of other jurisdictions, or through any other method authorized by law.

PHS.2.4.100 Parties to a Violation

(a) Whoever is concerned in the commission of a violation of this ordinance shall be deemed a principal and may be charged with the violation although he or she did not directly commit it and although the member or non-member who directly committed it has not been convicted of the violation.

(b) A member or duly authorized non-member is concerned in the commission of the violation if the member or duly authorized non-member:

(1) Directly commits the violation;

(2) Aids or 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.

PHS.2.4.110 Interference with Department

No member or non-member shall knowingly interfere with or hinder or restrict wardens of the tribal conservation department or officers of the tribal law enforcement department or any other law enforcement department or agency from which the tribal conservation department has sought assistance, in the exercise of authority or performance of duties under this ordinance.

Chapter PHS.3 Exclusion and Removal 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 provide a procedure for excluding and removing nonmembers from the Reservation when it is in the best interest of the Band to do so, including the exclusion and removal of nonmembers who act in disregard of tribal or other applicable law, by destroying real or personal property of the Band, harming its members or Reservation residents, or by endangering or harming the natural, social, psychological or physical well-being of members or other persons on the Reservation 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 of Wisconsin and providing for the maintenance of law and order and the administration of justice...."

Subchapter PHS.3.1 Introduction

PHS.3.1.010 Title

This ordinance shall be known as the Exclusion and Removal of Non-Tribal Members from the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Reservation.

PHS.3.1.020 Authority

PHS.3.1.030 Purpose

It is the purpose of this chapter to provide a procedure for excluding and removing nonmembers from the Reservation when it is in the best interest of the health, safety and welfare of the Band, or its members, to do so, including the exclusion and removal of nonmembers who act in disregard of tribal or other applicable law, destroy tribal fish and game, trespass upon tribal trust property, pollute tribal lands and waters, destroy real or personal property of the Band, its members or Reservation residents, or endanger or harm the natural, social, psychological or physical well-being of members or other persons on the Reservation.

PHS.3.1.040 Scope

The Lac Courte Oreilles Tribal Governing Board is authorized to exclude nonmembers from the Reservation and to determine conditions upon which they may remain. Except as provided by this ordinance, all persons, except those authorized by federal law to be present on tribal land, may be excluded and removed from the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Reservation or parts thereof. Any person having an interest in real property on the Reservation may be excluded from any portion of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Reservation as long as he or she is not denied access to or the use of such property.

PHS.3.1.050 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.

PHS.3.1.060 Severability and Non-Liability

PHS.3.1.070 Exclusive Remedy

Exclusion and removal does not prevent, negate or exclude the use of any other remedy or penalty that is otherwise provided by this Code or other governing federal, state or tribal law.

PHS.3.1.080 Interpretation

The provisions of this ordinance:

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

(b) Shall not be deemed a limitation or repeal of any other tribal power or authority.

Subchapter PHS.3.2 General Definitions

PHS.3.2.010 General Definitions

(a) "Exclusion and Removal" means the temporary or permanent expulsion of a nonmember from within the boundaries of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Reservation.

(b) "False Representation" means a false or wrongful representation regarding a material fact made with the knowledge or belief of its inaccuracy with the intention of another relying on it and suffering harm as a result.

(c) "Fraud" means a person using deceit, trickery or breach of confidence perpetrated for profit or to gain an unfair or dishonest advantage.

(d) "Nonmember" or "Non-Tribal Member" means a person is not currently enrolled in the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(e) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(f) "Tribal Member" means an enrolled member of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

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

Subchapter PHS.3.3 Exclusion and Removal Policy and Procedure

PHS.3.3.010 Petition

An exclusion and removal action shall be commenced by any member of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Band or Tribal Governing Board upon the presentment of an oral or written Petition for Exclusion and Removal in an open meeting of the Tribal Governing Board. The Petition shall include the name of the nonmember sought to be removed and a statement of the reasons which individually or collectively are justifiable cause for exclusion and removal.

PHS.3.3.020 Personal Appearance

No nonmember considered for possible exclusion or removal has any right or privilege to personally appear before the Tribal Governing Board in either the initial consideration of a Petition for Exclusion and removal or in any subsequent appeal of an Order for Exclusion and Removal before the Tribal Governing Board. However, the Tribal Governing Board may, in its discretion, grant a nonmember the right to appear before it in either proceeding.

PHS.3.3.030 Grounds for Exclusion and Removal

Upon consideration of a Petition, the Tribal Governing Board may enter an Order of Exclusion and Removal if it finds that it is in the best interests of the Band to do so. The Tribal Governing Board may consider whether the nonmember's conduct threatens or has some direct effect on the political integrity, institutional process, economic security, or health, safety or welfare of the Band, its members or Reservation residents. In determining whether to issue an Order of Exclusion and Removal, the Tribal Governing Board may consider the number and pattern of acts committed and the history, circumstances and/or significance of each act. Acts for which a nonmember may be excluded and removed from the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Reservation may include but are not limited to the following:

(a) Doing or attempting to do any act upon the Reservation which unlawfully threatens the peace, health, safety, morals or general welfare of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Band, its members, Reservation residents, or other persons;

(b) Any act causing physical loss or damage of any nature to the property of the Band, any member or Reservation resident;

(c) Entering an area in violation of any order of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians or any entity thereof designating such area as closed;

(d) Failing or refusing to pay any taxes, rents or other charges justly due the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Band or an entity

thereof, after reasonable notice and an opportunity to pay, unless such charges or fees are related to an interest in real property;

(e) Mining, prospecting, cutting timber or vegetation or other use, abuse, taking of or damage to tribal property without authorization;

(f) Committing a fraud, to wit: meaning a false representation of a matter of material fact by words, conduct, false or misleading allegations, or by concealment of a fact which should have been disclosed which is intended to and does in fact deceive another to his legal injury or detriment.

(g) Trading or conducting business within the Reservation in violation of tribal law;

(h) Hunting, fishing or trapping without lawful authority or permission or in violation of tribal or federal law;

(i) Disturbing or excavating items, sites or locations of religious, historic or scientific significance without the authority of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians or in violation of tribal or federal law;

(j) Failing to obey an order of the Tribal Court; or

(k) Committing any criminal offense as defined by state, federal or tribal law.

PHS.3.3.040 Standard of Proof

In considering whether justifiable cause exists to exclude and remove a nonmember from the Reservation, the Tribal Governing Board must be satisfied by a preponderance of the evidence given the totality of the circumstances.

PHS.3.3.050 Order for Exclusion and Removal

Upon finding that it is in the best interests of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Tribal Governing Board shall issue an Order for Exclusion and Removal. If the nonmember is not present at such meeting or if a decision is not rendered until after the meeting, appropriate notice shall be served on the nonmember, informing him or her of the action of the Tribal Governing Board. Such notice shall include a copy of the Order for Exclusion and Removal issued pursuant to this ordinance. The Order shall include the reasons for the decision, the terms of the exclusion (including duration), and the nonmember's appeal rights (including any conditions under which the nonmember may return for an appeal of the Order). An Order issued pursuant to this ordinance shall remain in force for the duration provided in the Order or, unless the Order specifically provides otherwise, until revoked or modified by the Tribal Governing Board.

PHS.3.3.060 Enforcement of Orders of Exclusion and Removal

Upon the issuance of an Order for Exclusion and Removal, the Tribal Governing Board shall deliver said Order to any qualified law enforcement officer, who shall thereupon serve notice upon the nonmember and direct the nonmember to obey the Order. If, after the time specified in the Order, the nonmember does not comply with the Order, the Tribal Governing Board shall request relief through the appropriate federal, state or tribal courts:

(a) Referring the matter to the Tribal or other prosecutor for appropriate action, including prosecution or other action authorized under any applicable tribal, federal or state law;

(b) Directing any law enforcement officer to remove the nonmember from the Reservation covered by the Order at the nonmember's expense;

(c) Directing law enforcement to remove the nonmember bodily, using only so much force as is reasonable and necessary to effect the removal; and

(d) Directing any law enforcement officer to prevent the nonmember from reentry onto any Reservation lands covered by the Order for so long as the Order remains in effect.

PHS.3.3.070 Appeals

Any nonmember to whom an Order for Exclusion and Removal has been issued pursuant to this ordinance may appeal such Order to the Lac Courte Oreilles Band of Lake Superior Chippewa Indians Tribal Governing Board. The nonmember must apply to the Tribal Governing Board in writing within ten (10) days of his or her receipt of said order, requesting revocation or amendment of said Order. Upon receipt of such a request, the Tribal Governing Board shall call a special meeting for the purpose of allowing the nonmember to address the Tribal Governing Board regarding the reasons for constituting the justifiable cause for his or her exclusion and removal and to show cause why he or she should not be excluded and removed from the Reservation. Unless the Tribal Governing Board has specifically granted the nonmember the right to personally appear before it in the special meeting, the nonmember must set forth his or her position, arguments and proofs in writing and provide same to the Tribal Governing Board in advance of the special meeting. Appropriate notice of such a special meeting shall be delivered to the nonmember not less than five (5) days prior to the meeting. Decisions of the Tribal Governing Board on appeal shall be final.

Chapter PHS.4 Fire Inspection 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 provide for the decent, safe and sanitary dwellings for the members of the Tribe 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, the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a Tribal Governing Board, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation." (Article V, § 1(l)). Pursuant to this inherent sovereign authority, the Tribal Governing Board hereby enacts this ordinance.

Subchapter PHS.4.1 General Provisions

PHS.4.1.010 Title.

This ordinance shall be known as the Fire Inspection Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

PHS.4.1.020 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(l) and (m) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, empowers the Tribal Governing Board to: "organize, charter and regulate any association or group, including a Tribal Governing Board, for the purpose of providing social or economic benefits to the members of the Band or residents of the reservation" Article V, § 1 (l); and "delegate to subordinate boards, officers, committees or cooperative associations which are open to all members of the Band any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers" Article V, § 1(m).

PHS.4.1.030 Purpose.

The purpose of this Fire Inspection Code is to assist the Lac Courte Oreilles Fire Department in the retention and maintenance of fire safety practices.

PHS.4.1.040 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.

PHS.4.1.050 Interpretation.

The provisions of this ordinance:

(a) Shall be interpreted and applied as minimum requirements applicable to record retention activities subject to this ordinance;

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

(d) Shall be interpreted to be in accordance with tribal customary law. Whenever there is uncertainty or a question as to the interpretation of certain provisions of this ordinance, tribal law and custom shall be controlling, and where appropriate, may be based on the written or oral testimony of a qualified tribal elder, tribal historian, or tribal representative. If the traditions and customs of the Tribe are inconclusive in any matter, the Court may use tribal law, federal law or the State law for guidance.

(e) Nothing in this chapter is intended to prohibit or discourage the design and use of new materials or components, or new processes, elements or systems, provided written approval from the Department and Tribal Governing Board is obtained first.

PHS.4.1.060 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.

PHS.4.1.070 Relation to Other Laws.

(a) Applicable Law. Unless affected or displaced by this ordinance, principles of law and equity in the common law of the Tribe and tribal customs and traditions are applicable, and the general principles of law of any other Tribe or any other state may be used as a guide to supplement and interpret this ordinance.

(b) State Law. To the extent that the laws of any state may be applicable to the subject matter of this ordinance, such laws shall be read to be advisory and not directly binding and shall not govern the relations of the parties.

PHS.4.1.080 Repeal of Inconsistent Tribal Ordinances.

Subchapter PHS.4.2 Definitions

PHS.4.2.010 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) "Administrative expenses" for the appropriation under means expenditures for the direct costs and indirect costs of administering.

(b) "Direct costs" means the cost of salaries, limited term employees, fringe benefits and supplies to administer.

(c) "Indirect costs" means the cost, determined on a pro rata basis, of management and administrative services provided to administer.

(d) "Supplies" means equipment, memberships, postage, printing, rent, subscriptions, telecommunications, travel, utilities and similar outfitting and services, directly related to administering.

(e) "Department" means the Lac Courte Oreilles Fire Department who is organized and created for the purpose of extinguishing fires and preventing fire hazards.

(f) "Design requirements" means any requirements that a designer would otherwise need to follow when specifying the permanent physical characteristics of a building. These include the materials of construction, structural members, fire-resistance and fire protection systems, means of egress and accessibility, energy efficiency, electrical systems, plumbing and other mechanical systems.

(g) "Fire chief" means the chief or authorized representative of the fire department serving the Tribe who is granted the authority over fire safety of all tribal buildings. Fire chief also means the representative designated by the local unit of government to carry out the duties of this chapter.

(h) "Tribal building" has the meaning as defined is any occupied commercial structure, public structure, dwelling house, residence, house trailer, mobile home, cabin, camp, cottage, barn, or other building on the Lac Courte Oreilles Reservation.

(i) "Substantial compliance" means an ample amount of the required activity was performed through a concerted effort aimed at total compliance. A determination of substantial compliance is obtained through a common-sense approach to evaluating whether enough effort was made to comply with the applicable statute or code requirements. Substantial compliance is not a specific number or percent of compliance. A determination of substantial compliance in any one year or regulatory standard does not mean that the same amount of compliance or effort in the following year or in another area of the code automatically equals substantial compliance.

(j) "Tribe" shall mean the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(k) "Tribal Governing Board" means the Tribal Governing Board of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

Subchapter PHS.4.3 Administration

PHS.4.3.010 Scope.

(a) These are department rules:

(1) This chapter applies to all buildings that exist within the LCO Reservation boundaries.

(b) This chapter applies to the inspection, testing, and maintenance of all fire safety features as specified in this chapter, for all buildings within the LCO Reservation. In this section, "home occupation" means any business, profession, trade or employment conducted in a person's dwelling unit, that may involve the person's immediate family or household and a maximum of one other unrelated person, but does not involve any of the following:

(1) Explosives, fireworks or repair of motor vehicles.

(2) More than twenty-fife percent (25%) of the habitable floor area of the dwelling unit.

(c)(1) The requirements in sub. (11) apply to all fire responses, rather than only to fire responses for tribal buildings and places of employment.

(2) The requirements in sub. (13) (d) 2. apply to fire responses to first alarms for all buildings, rather than only for tribal buildings.

(d) This chapter applies to all facilities and structures which exist on Reservation and which involve flammable-, combustible- or hazardous-liquid storage, transfer, or dispensing.

PHS.4.3.020 Temporary Use.

A fire code official may allow a building or a portion of a building to be used temporarily in a manner that differs from the approved use for the building or space, or may approve a temporary building to be used by the Tribe, subject to all of the following provisions:

(a) The Tribe shall determine the time frame within which the temporary use is permitted, based on the extent hazards are created by the temporary use. This time frame may not exceed 180 days, except the Tribe may grant extensions for demonstrated cause.

(b) Buildings or spaces considered for temporary use shall conform to the requirements of this chapter as necessary to ensure the tribal safety, health, and general welfare, except as provided.

(c) The Tribe may require additional safety requirements for a temporary use as a trade-off for any safety provisions that may be lacking.

(d) The Tribe may terminate the approval for a temporary use at any time and order immediate discontinuance of the use or complete evacuation of the building or space.

PHS.4.3.030 Local Ordinances.

No city, village, or town may enact or enforce an additional or more restrictive local ordinance that establishes minimum standards for constructing, altering, or adding to tribal buildings.

PHS.4.3.040 Enforcement.

The Department may issue a warning, order, and or a citation for any violation of this chapter.

PHS.4.3.050 Owner's Responsibility.

The owner of each building, structure and premises shall be responsible for maintaining the property in compliance with this chapter. Compliance with this chapter does not relieve the owner from compliance with the other administrative rules established by the Tribe.

PHS.4.3.060 Appeals.

Any person who owns or occupies a property that is affected by an order or receives a citations by the Department may petition the Lac Courte Oreilles Tribal Court for a hearing on the reasonableness of the order in compliance.

PHS.4.3.070 Revocation of Approval.

The Department may revoke any approval, issued under the provisions of this chapter, for any false statements or misrepresentation of facts on which the approval was based.

PHS.4.3.080 Fire Incident Reports.

(a) For each fire, a report shall be compiled by the fire department within sixty (60) days after the fire occurred.

(b) The report shall include all applicable information:

(1) the age of the building;

(2) purpose of the building for which the building was used at the time of the fire;

(3) If the building was used as a home, whether the building was a multifamily dwelling complex, a single-family dwelling, or a mixed-use building with one or more dwelling units;

(4) whether the building had an automatic fire sprinkler system at the time of the fire and, if so, whether the system was operational;

(5) whether the building had a fire alarm system at the time of the fire and, if so, whether the system was operational;

(6) the cause of the fire;

(7) an estimate of the amount of damages to the building as a result of the fire;

(8) the number of human deaths due to the fire, if any;

(9) the number of human injuries due to the fire, if any;

(10) any other relevant information concerning the building, as determined by the Department.

(c) A report shall be submitted to the US Fire Administration for placement in the fire incident reporting system maintained by the US Fire Administration within sixty (60) days after the fire occurred.

(d) In reporting the age of a building, only the age of the portion of the building where the fire occurred is required, and this age may be estimated.

(e) In reporting the amount of damages to a building, either assessed values or expected replacement costs may be used, and either an estimated dollar loss or an estimated percentage of the building that is damaged may be used.

PHS.4.3.090 Fire Department Duties.

(a) Fire prevention and inspections.

(1) General. The chief of the fire department shall be responsible for having all tribal buildings within the Lac Courte Oreilles Reservation inspected for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of any law or ordinance relating to fire hazards or to the prevention of fires.

(2) Determining the buildings that are to be inspected. The fire chief shall be responsible for determining those tribal buildings that are to be inspected, for which the fire department has responsibility.

(3) Scheduling of inspections. Fire prevention inspections shall be conducted at least once in each non-overlapping six (6) -month period per calendar year, or more often if ordered by the fire chief.

(4) Inspection reports. The fire chief shall make and keep on file reports of fire prevention inspections for at least seven (7) years, the reports shall be maintained in written form or in another form capable of conversion into written form within a reasonable amount of time.

(5) Inspectors. Fire safety inspections shall be conducted by the fire chief or authorized representative of the fire chief.

(6) Fire inspector training. All fire department personnel directly involved in conducting fire inspections are authorized by the department and by the fire chief to conduct the inspections upon completion of training approved by the fire chief.

(b) Fire education. The fire department shall provide tribal fire education services within the Reservation. The services may be selected from the following fire education-related activities, or may be other activities acceptable to the Department:

(1) Fire education services. Fire department may complete any combination of the following activities: children's poster contest; fire department open house; school visits to teach children fire safety; fire department fire safety demonstrations, including but not limited to firefighting demonstrations, fire extinguisher and smoke detector demonstrations, stop, drop and roll demonstrations, or an activity that specifically relates fire education.

(2) Residential fire inspection program. Fire departments advertise and conduct residential fire inspections on a request basis.

(3) Building plan review program. A floor plan of all new construction shall be provided to the Fire Department upon request.

(4) School education program. Fire departments conduct approved fire safety education programs in the school districts for which they have responsibility.

(5) Continuing fire education program. Fire departments conduct fire education programs, which may include monthly tribal service announcements for radio or television, monthly newspaper articles, booths at fairs, demonstrations at shopping centers, and billboards with fire safety messages.

(6) Fire extinguisher training program. Fire departments conduct training programs for the Tribe in the operation of fire extinguishers.

(7) Occupancy inspection program. Fire departments conduct inspections of tribal buildings prior to the issuance of local occupancy permits. Written documentation of the inspections is kept by each fire department.

(8) Smoke detector awareness program. Fire departments conduct programs to inform people regarding the effectiveness and proper installation of smoke detectors in residential buildings and tribal buildings.

(1) Current roster of active fire department members.

(2) Time, date, location, and number of firefighters responding, excluding the chief, for each first alarm for a building. For any of these responses that are in combination with another fire department under a mutual aid agreement, the record under this paragraph shall include the name of that department and the number of firefighters, excluding the chief, responding from that department.

(3) Number and duration of, and attendance at, fire department meetings, if the fire department is a volunteer fire department. For the purposes of this requirement, a volunteer fire department does not have any member who is paid for 36 hours or more of work, on a weekly basis.

(4) Number and duration of, topic of and attendance at fire department training sessions.

(5) Number, type, and duration of, and attendance of fire department members at, tribal fire education related activities.

(d) Audit.

(1) The Department shall annually complete and submit a self-certified audit to the Tribal Governing Board and shall be submitted on or before April 1.

(A) The Department shall include in input the name of every fire department employee or volunteer that provided fire protection services and fire prevention services, to the Tribe in the last calendar year. The fire department may use mutual aid agreements as additional means of providing fire protection services.

(2) The chief of the fire department shall provide the input required by this paragraph, as to whether or not fire department is in substantial compliance with any mandatory tribal, state, or federal regulations regarding the fire department.

(3) The department shall examine fire department records, including the records of any and all fires, financial records, payroll, professional certifications, equipment lists, and any other relevant information, to verify that the required fire prevention and fire protection services were provided within the Reservation by the Department.

Subchapter PHS.4.4 General Fire Safety

PHS.4.4.010 Open Flames.

(a) The fire chief shall have the authority to prohibit any or all open flames, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form of fire or smoking material where circumstances make such conditions hazardous.

(b) No open flame devices or pyrotechnic devices may be used in any occupancy, unless otherwise permitted.

PHS.4.4.020 Cooking Equipment .

(a) No tribal building may store fuel for a hibachi, grill, or other similar device used for cooking may be stored with that equipment on a balcony.

(b) Neither an exhaust hood nor an automatic fire suppression system is required for a mobile kitchen where all of the following conditions are met:

(1) The kitchen is less than 365 square feet in size.

(2) The kitchen is used on fewer than 12 days in a calendar year, for the purpose of cooking.

(3) The owner or operator of the kitchen maintains a record demonstrating compliance with sub. (2), retains the record with the kitchen, and makes the record available to an inspector upon request.

PHS.4.4.030 Fire service elevator keys.

All elevators shall be equipped to operate with a standardized fire service elevator key.

PHS.4.4.040 Portable unvented heaters.

Portable, fuel-fired, unvented heating appliances are prohibited — except during construction or demolition of a building, provided adequate ventilation is supplied.

PHS.4.4.050 Inspection, testing and maintenance of cross connection control devices.

All cross-connection control devices installed in water-based fire protection systems shall be inspected, tested and maintained in accordance with this chapter.

PHS.4.4.060 Credentials for testers of fire sprinkler systems.

Chapter SPS 305 of the Wisconsin Administrative Code is adopted as to the credential requirements for testers of fire sprinkler systems. That chapter and this chapter do not preclude non-credentialed individuals from conducting the daily, weekly, monthly, quarterly or semiannual inspection and testing activities for automatic fire sprinkler systems.

PHS.4.4.070 Maintenance of smoke detectors and alarms.

(a) The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building.

(b) The occupant and or the owner of a unit in a residential building shall maintain a smoke detector in that unit, and the occupant shall have five days upon notice of a non-functional unit to complete any maintenance necessary to make that smoke detector functional.

(c) All smoke alarms must be replaced by the end of the service period specified by their manufacturer, and a replacement alarm that uses a battery as the primary power source must have a non-replaceable, non-removable battery which is capable of powering the alarm for at least ten (10) years.

PHS.4.4.080 Manual wet sprinkler systems.

Inspection, testing and maintenance of manual wet sprinkler systems shall comply with all of the requirements of NFPA 25, for an automatic fire sprinkler system, except that the main drain test specified in NFPA 25 is not required.

PHS.4.4.090 Hose Threads.

All fire hose fittings, apparatus fittings, 1.5 and 2.5 inches in diameter purchased or procured by a fire department or fire company shall be of the national standard hose thread as adopted by the national fire protection association. No fire department shall utilize hose and equipment not in conformance with the requirement that all threads shall be national standard hose thread as adopted by the national fire protection association.

Chapter PHS.7 Tattoo and Body Piercing Code of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians

Subchapter PHS.7.1 Lac Courte Oreilles Tattoo and Body Piercing Ordinance

PHS.7.1.010 Title

This ordinance shall be referred to as the Lac Courte Oreilles Tattoo and Body Piercing Ordinance.

PHS.7.1.020 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."

PHS.7.1.030 Purpose

The purpose of this law is to regulate tattooists, tattoo establishments, body piercers and body piercing establishments under the jurisdiction of the Tribe in order to protect the health and safety of the public from unsanitary and unlicensed practice by tattooists and body piercers within the Reservation boundaries.

PHS.7.1.040 Jurisdiction

Consistent with Chapter 103 of the LCO Tribal Court Code of 2004, the LCO tribal court shall have jurisdiction over cases arising under this ordinance limited solely by the constitution and federal law.

PHS.7.1.050 Construction

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

PHS.7.1.060 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.

PHS.7.1.070 Repealer

This ordinance supersedes all prior tattoo and body piercing laws, codes, ordinances or regulations of LCO.

PHS.7.1.080 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) "Antiseptic" means a chemical that kills or inhibits the growth of organisms on skin or living tissue;

(b) "Autoclave" means an apparatus that is registered and listed with the federal food and drug administration for sterilizing articles by using superheated steam under pressure;

(c) "Body pierce" or "body piercing" means to perforate, or perforating, any human body part or tissue, except an ear, and to place a foreign object in the perforation to prevent the perforation from closing;

(d) "Body piercer" means a person who performs body piercing on another person at that person's request;

(e) "Body piercing establishment" means the premises where a body piercer performs body piercing;

(f) "Cleaning" means the removal of foreign material from objects, normally accomplished with detergent, water and mechanical action;

(g) "Division" means an agency designated by the Tribe's executive administrator, which is authorized to make investigations or inspections of tattooists, body piercers, tattoo establishments and body piercing establishments and recommend to the Department whether an establishment or practitioner be licensed or is in compliance with the requirements of this law;

(h) "Disinfectant" means a chemical that is capable of destroying disease-causing organisms on inanimate objects, with the exception of bacterial spores;

(i) "Establishment" means a building, structure, area or location where tattooing and/or body piercing is performed;

(j) "Hot water" means water at a temperature of 110°F or higher;

(k) "Department" means the Licensing Department, or any other department of the Tribe, with the authority to implement, administer and enforce this law;

(l) "Operator" means the owner or person responsible to the owner for the operation of a tattoo or body piercing establishment;

(m) "Patron" means a person receiving a tattoo or body piercing;

(n) "Practitioner" means a tattooist or body piercer;

(o) "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;

(p) "Sharp waste" means waste that consists of medical equipment or clinical laboratory articles that may cause punctures or cuts, such as hypodermic needles, syringes with attached needles and lancets, whether contaminated, unused or disinfected;

(q) "Single-use" means a product or item that is disposed of after one use, such as a cotton swab, a tissue or paper product, a paper or soft plastic cup, or gauze or other sanitary covering;

(r) "Sterilization" means the killing of all organisms and spores through use of an autoclave operated at a minimum of 250°F (121°C) at pressure of at least fifteen (15) pounds per square inch for not less than thirty (30) minutes or through use of an autoclave approved by the Division that is operated at different temperature and pressure levels but is equally effective in killing all organisms and spores;

(s) "Tattoo," as a verb, means to insert pigment under the surface of the skin of a person, by pricking with a needle or otherwise, so as to produce a permanent mark or figure through the skin;

(t) "Tattoo establishment" means the premises where a tattooist applies a tattoo to another person;

(u) "Tattooist" means a person who tattoos another person at that person's request;

(v) "Tempered water" means water ranging in temperature from 85°F to less than 110°F;

(w) "Temporary establishment" means a single building, structure, area or location where a tattooist or body piercer performs tattooing or body piercing for a maximum of seven (7) consecutive days in conjunction with a single event or celebration;

(x) "Tribe" or "Tribal" means the Lac Courte Oreilles Band of Lake Superior Chippewa Indians;

(y) "Universal precautions" means to treat everyone's blood and other bodily fluids as infectious at all times.

PHS.7.1.090 Approved Comparable Compliance

When strict adherence to a provision of this Ordinance is impractical for a particular tattooist, tattoo establishment, body piercer or body piercing establishment, the Department may approve a modification in that requirement for that practitioner or establishment if the Division provides the Department with satisfactory proof that the grant of a variance will not jeopardize the public's health, safety or welfare.

PHS.7.1.100 Inspections and Evaluations

(a) The Division shall conduct investigations and inspections of practitioners and establishments. The agents of the Division who make recommendations on licenses and conduct investigations or inspections of practitioners and establishments shall be recognized by the National Environmental Health Association as a Registered Environmental Health Specialist, also known as a Registered Sanitarian.

(b) Pre-Inspection Fee. The operator of a new permanent establishment or a new operator of an existing permanent establishment shall pay a pre-inspection fee for the inspection of the establishment of $75. The fee shall not be returned if the establishment fails the inspection.

(c) Annual Inspections. All permanent establishments shall pay an annual inspection fee for the inspection of the establishment of $50.

PHS.7.1.110 Licenses

Except as provided for under Section PHS.7.1.330(b), the Department shall issue licenses to tattooists, tattoo establishments, body piercers and body piercing establishments, based on the recommendation of the Division.

PHS.7.1.120 Establishment License

(a) Requirement. No person may operate an establishment unless he or she has obtained a license for the establishment from the Department by application made upon a form furnished by the Department. An application submitted to the Department shall be accompanied by the fee required under Section PHS.7.1.120(b) and Section PHS.7.1.100(b) or Section PHS.7.1.100(c), if applicable. The annual license fee shall be returned in full if the application is denied.

(b) Annual Fees. The operator of an establishment shall pay an annual license fee to the Department as follows:

(1) For a body piercing establishment, $100.

(2) For a tattoo establishment, $100.

(3) For a combined tattoo and body piercing establishment, $150.

(c) Temporary Establishments. For a temporary tattoo or body piercing establishment or a temporary combined tattoo and body piercing establishment, the operator of the establishment shall pay a fee of $100 per application. The fee shall not be returned if the establishment fails the inspection.

PHS.7.1.130 Practitioner License

(a) Requirement. No person may tattoo or body pierce another person, use or assume the title of tattooist or body piercer or designate or represent himself or herself as a tattooist or body piercer unless the person has obtained a practitioner license from the Department by application made upon a form furnished by the Department. An application submitted to the Department shall be accompanied by the fee required under Section PHS.7.1.130(d). The fee shall be returned in full if the application is denied.

(b) Except as provided for in (c) and Section PHS.7.1.330(e), in order to be licensed as a practitioner, a tattooist or body piercer shall:

(1) provide proof of successful completion of a Bloodborne Pathogen training or a Universal Precautions training or proof that he or she will be taking the necessary training within ninety (90) days after submitting his or her application for a license; and

(2) provide proof that he or she has received a vaccination against hepatitis B (BHV) or provide a written statement with his or her application stating that he or she declines the vaccination.

(c) A practitioner who has had his or her practitioner license revoked, whether under this law or under another jurisdiction, within the two (2) years immediately preceding the application date may be denied a license.

(d) Annual Fees. A person who wishes to practice as a tattooist or body piercer in a permanent establishment shall pay an annual fee to the Department as follows:

(1) For a body piercer, $50.

(2) For a tattooist, $50.

PHS.7.1.140 Approval of Licenses

(a) Except as provided for under Section PHS.7.1.330(b), within sixty (60) days after receiving a completed application for a license, whether for an establishment or practitioner, the Division shall submit to the Department a written recommendation to approve or deny the application. The Department must approve or deny the application within thirty (30) days after receiving the written recommendation from the Division. If the Department approves an application, a license shall be issued. If the Department denies an application, the Department shall:

(1) give the applicant reasons, in writing, for the denial;

(2) provide information about how the applicant may appeal the decision under Section PHS.7.1.400(b).

(b) The Division shall not recommend the Department issue a license to a new tattoo or body-piercing establishment or a new operator at an existing establishment without completing a prior inspection of the establishment to ensure that the establishment complies with the requirements of this law.

PHS.7.1.150 Display of License

The operator of a tattoo or body piercing establishment shall conspicuously display in the establishment the licenses issued by the Department for the establishment and for all practitioners working in the establishment.

PHS.7.1.160 Change of Operator

The operator of a tattoo or body piercing establishment shall promptly notify the Department of his or her intention to cease operations and shall supply the Department with the name and mailing address of any new operator. An establishment license is not transferrable. A new operator shall submit an application under Section PHS.7.1.120 for a new establishment license.

PHS.7.1.170 Records

The Department shall maintain a record pertaining to each applicant for a license under this law and each holder of a license issued under this law, including temporary licenses. The record shall include all information received by the Department that is relevant to the approval or denial of the application, the issuance of the license and any limitations, suspensions or revocations of the license(s). The public shall have access to the following information for any person who receives a license under this law:

(a) Name of the person holding the license, including any former names;

(b) Type of license the person is issued;

(d) Expiration date of the license; and

(e) Any orders or penalties issued under this law to the license holder and upheld on appeal.

PHS.7.1.180 Patron Limitations

(a) Consent. A tattooist or body piercer may not tattoo or body pierce a patron without first obtaining the signed, informed consent of the person on a form approved by the Division.

(b) Minors.

(1) No person under sixteen (16) years of age may be body pierced.

(2) No person age sixteen (16) or seventeen (17) may be body pierced unless an informed consent form has been signed by his or her parent or legal guardian in the presence of the operator.

(3) No person under eighteen (18) years of age may be tattooed except by a physician in the course of the physician's professional practice.

(4) A body piercing establishment shall post a notice in a conspicuous place in the establishment stating that it is illegal to body pierce a person under the age of eighteen (18) without the signed, informed consent of that person's parent or legal guardian.

(5) A tattoo establishment shall post a sign in a conspicuous place in the establishment stating that no person under the age of eighteen (18) may be tattooed.

(1) A person who appears to be under the influence of alcohol or a mind-altering drug.

(2) A person who has evident skin lesions or skin infections in the area of the procedure.

PHS.7.1.190 Patron Records

Every tattooist and body piercer shall keep a record of each patron. A patron's record shall include the patron's name, address, age and consent form, the name of the practitioner doing the procedure and any adverse effects arising from the procedure. A patron's record shall be retained for a minimum of three (3) years following completion of the procedure.

PHS.7.1.200 Physical Facilities and Environment

(a) Floors in the area where tattoo or body piercing procedures are performed shall be constructed of smooth, durable and non-porous material and shall be maintained in a clean condition and in good repair. Carpeting is prohibited.

(b) Walls and ceilings in the area where tattoo and body piercing procedures are performed shall be light-colored, smooth and easily cleanable.

(d) The establishment and all facilities used in connection with the establishment shall be maintained in a clean, sanitary and vermin-free condition.

(e) Tattoo and body piercing areas shall be completely separated from any living quarters by floor-to-ceiling partitioning and solid doors which are kept closed during business hours. A direct outside entrance to the tattoo or body piercing establishment shall be provided.

(f) All tattoo and body piercing establishments shall have a public toilet and hand washing facility which is separated from any living area. Toilet room fixtures shall be kept clean and in good repair. An easily cleanable covered waste receptacle shall be provided in the toilet room.

(g) At least one (1) hand washing facility shall be conveniently located in the tattoo or body piercing area, in addition to what is provided in the toilet room. Anti-bacterial soap in a dispenser and single-service towels for drying hands shall be provided at all hand washing facilities. Hot and cold potable water under pressure shall be available at all hand washing facilities, except that tempered water rather than hot water may be provided.

(h) Easily cleanable waste containers with non-absorbent, durable plastic liners shall be used for disposal of all tissues, towels, gauze pads and other similar items used on a patron. Infectious waste, including sharps waste, shall be stored and disposed of in a manner approved by the Division.

(i) A panel or other barrier of sufficient height and width to effectively separate a patron on whom a procedure is being performed from any unwanted observers or waiting patrons shall be in place or readily available at the patron's request.

(j) No smoking or consumption of food or drink is permitted in the area where a tattoo or body piercing procedure is performed, except that patrons may consume a non-alcoholic beverage during the procedure.

(k) No animals, except for those that provide services to persons with disabilities, are permitted in a tattoo or body piercing establishment.

PHS.7.1.210 Operator

An operator shall be present at an establishment at all times during its business hours. The operator shall have the following information available at the establishment for review by the Division at any time:

(a) contract or agreement for the disposal of sharps waste and/or other infectious or regulated waste;

(b) spore test log and test results;

(d) the practitioners of the establishment, including their names, addresses, phone numbers and licenses.

PHS.7.1.220 Licensed Practitioners

No operator shall employ a practitioner who does not have a valid license issued by the Department.

PHS.7.1.230 Absence of Skin Condition

No tattooist or body piercer with an exposed rash, skin lesion or boil may engage in the practice of tattooing or body piercing.

PHS.7.1.240 Alcohol and Drugs

No tattooist or body piercer may work while under the influence of alcohol or a mind-altering drug.

PHS.7.1.250 Personal Cleanliness

(a) Tattooists and body piercers shall thoroughly wash their hands and the exposed portions of their arms with dispensed soap and tempered water before and after each tattoo or body piercing procedure and more often as necessary to keep them clean.

(b) Tattooists and body piercers shall dry their hands and arms with individual single-service towels.

(c) Tattooists and body piercers shall maintain a high degree of personal cleanliness and shall conform to good hygiene practices during procedures.

PHS.7.1.260 Clothing

All tattooists and body piercers shall wear clean, washable outer clothing.

PHS.7.1.270 Hygienic Practices

(a) When preparing the skin and during a procedure, a tattooist or body piercer shall wear non-absorbent gloves which shall be disposed of after completing the procedure.

(b) If interrupted during a procedure, a tattooist or body piercer shall rewash his or her hands and put on new gloves if the interruption required use of hands.

(c) Tattooists shall use single-use plastic covers to cover spray bottles or other reusable accessories to minimize the possibility of transmitting body fluids or disease during application of tattoos to successive patrons.

(d) If the patron's skin is to be shaved, the skin shall be washed with a cleansing, medicated soap before shaving. Disposable-type razors shall be for single-use only and disposed of in a manner approved by the Division. Electric razors used for skin preparation prior to a procedure shall have screens cleaned and disinfected between patron use. Reusable blade holders shall be sterilized after each use. Disposable blade holders shall be for single-use only.

(e) Body piercing needles shall be disposable, sterile and for single-patron use only. Body piercing jewelry shall be cleaned, individually packaged and sterilized prior to use.

(f) Needles, bars and tubes shall be constructed in a manner that permits easy cleaning and sterilizing. Needles shall be used on only one (1) patron and discarded after use. Needles may be reused on the same patron by rinsing them under running tap water followed by rinsing them in an antiseptic.

PHS.7.1.280 Physical Examinations

The Division may require a practitioner to submit to a practicing physician for a physical examination whenever the practitioner is suspected of having any infectious or contagious disease that may be transmitted by tattooing or body piercing. The expense of the physical exam shall be paid by the practitioner. Any practitioner notified to appear for a physical examination shall immediately cease working as a tattooist and/or body piercer until he or she receives a certificate from a practicing physician that he or she is not inflicted with any infectious or contagious condition that may be transmitted by the practice of tattooing or body piercing.

PHS.7.1.290 Equipment

(a) All surfaces, counters and general-use equipment in the tattoo or body piercing area shall be cleaned and disinfected before a patron is seated. The operating table, chair and supply tables shall be constructed of a material capable of being easily and thoroughly cleaned.

(b) All tattoo establishments shall have clean towels, washcloths and disposable paper towels.

(d) Clean towels and washcloths shall be stored in a closed, dust-proof container. Soiled towels and washcloths shall be stored in an approved covered container.

(e) All inks and pigments shall be obtained from sources generally recognized as safe and shall be sterilized before use. Information indicating the sources of all inks and pigments shall be available to the Division upon request. Sterile single-use or sterile individual containers of pigment or ink shall be used for each patron. No pigment or ink in which needles were dipped may be used on another patron. Pigment and ink cups shall be for single-patron use. All bulk materials used for the procedure shall be dispensed with single-use utensils. The remainder of dispensed portions and the cups shall be disposed of after application.

(f) All tattoo establishments shall be equipped with an autoclave which is in good working order and which is manufactured with temperature and pressure gauges marked and visible on the outside of the unit.

(g) Acetate tattoo stencils shall be single-use. The substance used for applying stencils shall be dispensed from a single-use disposable container or with a sterile tongue blade or sterile applicator stick which shall be discarded after each use.

PHS.7.1.300 Cleaning

(a) After each use, tattooing and body-piercing equipment shall be cleaned to remove blood and tissue residue before sterilization. This may be done with an ultrasonic cleaner or with a probe, needles or brush able to enter the smallest opening of the equipment. After cleaning, equipment shall be rinsed under fresh running tap water.

(b) Reusable equipment shall be placed in a covered stainless steel container of cleaning or disinfectant solution until it can be cleaned and sterilized.

(c) All containers holding contaminated needles, tubes, reusable body-piercing equipment and container lids shall be cleaned and disinfected at least daily.

(d) The tattoo machine shall be cleaned and disinfected before each use.

(e) Gloved personnel shall clean needles and tubes prior to sterilization by doing all of the following:

(1) Manually pre-cleaning the items with care taken to ensure removal of residue; thoroughly rinsing the items with warm water and then draining the water; cleaning the items by soaking them in a protein-dissolving detergent-enzyme cleaner used according to manufacturer's instructions; and cleaning the items further in an ultrasonic cleaning unit which operates at forty (40) to sixty (60) hertz and is used according to the manufacturer's instructions.

(2) Rinsing and drying the items.

(f) Prior to autoclaving, all equipment shall be packaged either individually or in quantities appropriate for individual procedures. Packages shall be identifiable and dated.

PHS.7.1.310 Sterilization

(a) Equipment requiring sterilization shall be pressure-sterilized at the establishment in an autoclave and in accordance with the manufacturer's instructions. The equipment may be wrapped with an approved paper or plastic or placed in glass or plastic tubes. All packages or containers shall be marked with temperature recording tape or labels and dated with the date of sterilization.

(b) Each batch of sterilized equipment shall be monitored for sterilization by use of heat-sensitive indicators capable of indicating approximate time and temperature achieved.

(c) Autoclaves shall be spore-tested at least monthly. Spore kill test effectiveness shall be conducted by an independent laboratory.

(d) Sterilized equipment shall be wrapped or covered and stored in a manner which will ensure that it will remain sterile until used. All sterilized needles and other equipment not individually wrapped shall be stored in a sterilized and covered glass container or in a stainless steel tray and submerged in an approved sterilizing and disinfecting solution. The Division shall supply all establishments licensed under this ordinance with a list of approved sterilizing and disinfecting solutions.

(e) Each tattoo or body piercing establishment shall maintain sterilization records including spore tests for at least one (1) year from the date of the last entry, which shall include the following information:

(1) Date of sterilization.

(2) Name of the person operating the equipment.

(3) Result of heat-sensitive indicator.

(f) Sterilized equipment shall be re-sterilized if the package is opened, damaged or becomes wet.

(g) Autoclaving is the only allowable method of sterilization.

PHS.7.1.320 Preparation and Care of Site

(a) Before beginning a procedure, the tattooist or body piercer shall clean the skin area for the tattooing or piercing and then prepare it with an antiseptic. The solution shall be applied with single-use cotton, gauze or toweling.

(b) After a tattooist completes work on any patron, the tattooed area shall be washed with antiseptic and covered with a dry, sterile gauze dressing.

(c) After completing a procedure, the tattooist or body piercer shall provide the patron with oral and written instructions on the care of the tattoo or piercing.

PHS.7.1.330 Temporary Establishments

(a) In addition to the requirements under Section PHS.7.1.010 to Section PHS.7.1.320 that apply to all tattoo and body piercing establishments, the requirements found under this section apply specifically to temporary establishments.

(b) An agent of the Division who is a Registered Sanitarian may issue temporary establishment and temporary practitioner licenses without the approval of the Department.

(c) No temporary establishment may be operated without a temporary establishment license. An application for a temporary establishment license shall be made under Section PHS.7.1.120 and shall be accompanied by the fee required under Section PHS.7.1.120(c).

(d) No temporary establishment license shall be issued without a prior inspection, however, a pre-inspection fee as required under Section PHS.7.1.100(b) shall not be charged.

(e) A practitioner in a temporary establishment shall not tattoo or body pierce another person without obtaining a temporary practitioner's license, but shall not be required to pay the practitioner license fee under Section PHS.7.1.130(d).

(f) A practitioner in a temporary establishment may be issued a temporary practitioner license if he or she:

(1) has sufficient proof of a valid permanent license, except as provided for under (b); and

(2) is tattooing and/or body piercing in a licensed temporary establishment.

(g) A practitioner in a temporary establishment who is not required to have a license where he or she permanently practices tattooing and/or body piercing may meet the requirements of (f)(1) if he or she demonstrates knowledge of infection control techniques, application of universal precautions and the requirements of this law by:

(1) complying with this law.

(2) providing proof of a valid certificate for the successful completion of a Bloodborne Pathogen training or Universal Precautions training; or

(3) responding correctly to the inspector's questions as they relate to the specific operation of the temporary establishment. This includes explaining:

(A) the significance of universal precautions;

(B) protective actions against bloodborne pathogens, including proper autoclave use; and

(h) An establishment's temporary license along with the temporary license of each on- staff tattooist or body piercer shall be conspicuously displayed in the temporary establishment.

(i) The Division may deny a temporary establishment license or may revoke the license of a temporary establishment if the Division finds a violation of any provision of this law.

(j) A temporary establishment shall have all of the following:

(1) An approved toilet and hand washing facility.

(2) Potable water under pressure.

(3) Hot or tempered water for hand washing and cleaning.

(4) Connection to an approved sewage collection system.

PHS.7.1.340 Access

An authorized employee(s) of the Division, upon presenting proper identification, shall be permitted to enter any tattoo or body-piercing establishment at any reasonable time to determine if the establishment and the practitioners are in compliance with this law. The Division's authorized employee(s) shall be permitted to examine the records of the establishment to obtain information about supplies purchased, received or used and information relating to patrons who received tattoos or body piercings.

PHS.7.1.350 Order to Correct Violations

(a) If upon inspection of a tattoo or body piercing establishment, it is discovered that the tattoo or body piercing establishment is not planned, equipped or operated or a practitioner is not licensed as required by this law, the Division shall notify the Department.

(b) Within five (5) days of receipt of the Division's findings, the Department shall issue a written notice of violation to the operator which shall include a list of violations, and an order that directs the operator to make specified changes that will bring the establishment into compliance with standards established in this Ordinance and that stipulates the time period within which compliance is to take place.

(c) If the order to correct violations is not carried out by the expiration of the time period stipulated in the order, the Division may direct that the Department issue an order suspending or revoking the license to operate the tattoo or body piercing establishment or the practitioner's license, or both.

(d) The operator may request, to the Division, an extension of time in order to comply which may be granted if determined reasonable by the agent of the Division. Only one such reasonable extension of time will be granted before Section PHS.7.1.350(c) may be enforced against the operator.

(e) An operator whose license has been suspended or revoked may reapply for a license after compliance and correction with the original notice of violation has been satisfied, but remains subject to penalties, loss of the original license fee, and must submit a new license fee to regain a license.

PHS.7.1.360 Order to Deal with an Immediate Danger to Public Health

If there is reasonable cause to believe that any construction, sanitary condition, operation of the establishment or of equipment or a procedural practice creates an immediate danger to health, an employee of the Department upon the recommendation of the Division, without written notice, issue a temporary order to remove the immediate danger to health. The order shall take effect upon delivery to the operator or other person in charge of the tattoo or body piercing establishment and shall remain in effect for fourteen (14) days unless it is terminated by the Division or the Department by notice to the operator within that period or is kept in effect beyond that period. The order shall be limited to prohibiting specific procedures or methods of operation, or a combination of these, except that if a more limited order will not remove the immediate danger to health, the order may direct that all operations authorized by the license cease. If, before the temporary order expires, the Department determines that the immediate danger to health does in fact exist and continues to exist, the temporary order shall remain in effect, and may be extended, with notification to the operator.

PHS.7.1.370 Enforcement 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.

Any person who willfully violates or obstructs the execution of this law for which no other penalty is prescribed, shall be fined not more than $500. This shall include performing tattooing or body piercing without a license.

PHS.7.1.380 Issuance of Citations

(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.

PHS.7.1.390 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 practitioner fully comply with the order or if the practitioner proves that the violation has been corrected.

(b) 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.

PHS.7.1.400 Appeals

(a) Any order issued by the Division or the Department under this law shall inform the practitioner and/or operator of his or her right to appeal the order and any time limits associated with an appeal.

(b) Any operator or practitioner aggrieved by an action of the Division or the Department may file a notice of intent to appeal with the Tribal Court within three (3) days after the action is taken.