[HISTORY: Adopted by the Legislature of the
Menominee Indian Tribe as indicated in article histories. Amendments
noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In the construction of this Code, the following rules shall
be observed, unless such construction would be inconsistent with the
manifest intent of the ordinance:
A.
Gender; singular
and plural. Every word in this Code and in any ordinance using the
masculine or feminine gender may extend and be applied to the other
gender as well, and every word importing the singular number only
may extend and be applied to several persons or things as well as
to one person or thing, and every word importing a plural number may
extend and be applied to one person or thing, provided that these
rules of construction shall not be applied to any provision which
shall contain any express language excluding such construction or
when the subject matter or context of such provisions may be repugnant
thereto.
B.
Person. The
word "person" extends and applies to natural persons, firms, corporations,
associations, partnerships or bodies corporate or politic and all
entities of any kind capable of being sued unless plainly inapplicable.
C.
Acts by agents.
When a provision requires an act to be done which may by law as well
be done by any agent as by the principal, such provision shall be
construed to include all such acts when done by an authorized agent.
D.
Tense. Words
used in the present tense include the future.
If the provisions of the different chapters of this Code conflict
with or contravene each other, the provisions of each chapter shall
prevail as to all matters and questions arising out of the subject
matter of such chapter.
[Adopted 1-5-2012 by Ord. No. 11-32]
Pursuant to Bylaw II, § 2(h) of the Constitution and Bylaws, the ordinances of the Menominee Indian Tribe of a general and permanent nature adopted by the Legislature of the Menominee Indian Tribe, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 740, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Menominee Indian Tribe, hereinafter referred to as the "Code."
This ordinance and the Code shall supersede all other general
and permanent ordinances enacted prior to the enactment of this Code,
except such ordinances as are hereinafter expressly saved from repeal
or continued in force.
The provisions of the Code, insofar as they are substantively
the same as those of the ordinances in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation
of such ordinances and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinances.
A copy of the Code has been filed in the office of the Tribal
Chairperson and shall remain there for use and examination by the
public for at least two weeks and until final action is taken on this
ordinance, and, if this ordinance shall be adopted, such copy shall
be certified to by the Chairperson, and such certified copy shall
remain on file in the office of said Chairperson to be made available
to persons desiring to examine the same during all times while said
Code is in effect.
Any and all additions, deletions, amendments or supplements
to the Code, when adopted in such form as to indicate the intention
of the Legislature to make them a part thereof, shall be deemed to
be incorporated into such Code so that reference to the "Code of the
Menominee Indian Tribe" shall be understood and intended to include
such additions, deletions, amendments or supplements. Whenever such
additions, deletions, amendments or supplements to the Code shall
be adopted, they shall thereafter be inserted in the Code as amendments
and supplements thereto.
The Chairperson shall cause to be published, in the manner required
by law, a notice of the adoption of this ordinance. Sufficient copies
of the Code shall be maintained in the office of the Chairperson for
inspection by the public at all times during regular office hours.
The publication of notice of the enactment of this ordinance, coupled
with the availability of a copy of the Code for inspection by the
public, shall be deemed, held and considered to be due and legal publication
of all provisions of the Code for all purposes.
It shall be the duty of the Chairperson, or someone authorized
and directed by the Chairperson, to keep up-to-date the certified
copy of the Code required to be filed in the Chairperson's office
for use by the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are included as supplements to said Code book.
Copies of the Code, or any chapter or portion of it, may be
purchased from the Chairperson or an authorized agent of the Chairperson
upon the payment of a fee to be set by the Legislature. The Chairperson
may also arrange for procedures for the periodic supplementation of
the Code.
It shall be unlawful for anyone to improperly change or amend,
by additions or deletions, any part or portion of the Code or to alter
or tamper with such Code in any manner whatsoever which will cause
the law of the Menominee Indian Tribe to be misrepresented thereby.
Anyone violating this section or any part of this ordinance shall
be subject, upon conviction, to a fine of not more than $500.
Each section of the Code and every part of each section is an
independent section or part of a section, and the holding of any section
or a part thereof to be unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof. If any provision of this Code
or the application thereof to any person or circumstances is held
invalid, the remainder of this Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent
nature adopted and in force on the date of the adoption of this ordinance
and not contained in the Code are hereby repealed as of the effective
date of this Adoption Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-14 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to November 4, 2010.
B.
Any right or liability established, accrued or incurred under any
legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right
or liability.
C.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision.
E.
Any franchise, license, right, easement or privilege heretofore granted
or conferred.
F.
Any ordinance providing for the laying out, opening, altering, widening,
relocating, straightening, establishing grade, changing name, improvement,
acceptance or vacation of any right-of-way, easement, street, road,
highway, park or other public place or any portion thereof.
G.
Any ordinance appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond or other instruments or evidence of the Tribe's
indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer of property
or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The annexation or dedication of property or approval of preliminary
or final subdivision plats.
K.
Ordinances providing for local improvements or assessing taxes or
special assessments therefor.
L.
All currently effective ordinances pertaining to the rate and manner
of payment of salaries and compensation of officers and employees.
M.
Any legislation relating to or establishing a pension plan or pension
fund for tribal employees.
N.
Any ordinances adopting or amending a Zoning Map or otherwise rezoning
property.
O.
The following ordinances and any amendments thereto: Menominee Enterprises
Plan (Ordinance Nos. 79-12, 79-17 and 93-5); Comprehensive Land Use
and Natural Resource Plan (Ordinance No. 83-5); Personnel Policies
and Procedures Manual (Ordinance No. 83-6); Hazardous Waste Management
Regulations (Ordinance No. 87-27); Detention Facility Policies and
Procedures Manual (Ordinance No. 89-21); Hazardous Waste (Ordinance
No. 92-14); Classification and Compensation Guideline (Ordinance No.
00-07); and Fuel Regulations (Ordinance No. 05-35).
P.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the Tribe.
A.
In compiling and preparing the ordinances for publication as the Code of the Menominee Indian Tribe, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Legislature that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B.
The amendments and/or additions as set forth in Schedule A[1] attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-16B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-5-2012 by Ord. No. 11-32." Schedule A, which contains a complete description of all changes, is on file at the office of the Tribal Chairperson.
This ordinance shall take effect on February 9, 2012, so as
to coincide with the start of the new legislative year.
