A. For purposes of this section, the term "minor" means a person less than 21 years of age, and the term "liquor" shall have the meaning ascribed to that term in §
8.4-3 of Chapter
8.4, Liquor Control, of the Tribal Code.
B. A minor commits the civil infraction of unlawful purchase, consumption
or possession of liquor if the minor person purchases or attempts
to purchase, consumes or attempts to consume liquor, or possesses
or attempts to possess liquor, except as provided in this section.
C. This section does not prohibit a minor from possessing liquor during regular working hours and in the course of his/her employment if employed by a person licensed under Chapter
8.4, Liquor Control, of the Tribal Code, if the liquor is not possessed for his/her personal consumption. The consumption of sacramental wine by a minor in connection with religious services at a church, synagogue or temple is not prohibited by this section.
D. Subsection
B of this section does not apply to a minor who participates in either or both of the following:
(1) An undercover operation in which the minor purchases or receives
liquor under the direction of person's employer and with the prior
approval of the Tribal Prosecutor's office as part of an employer-sponsored
internal enforcement action; or
(2) An undercover operation in which the minor purchases or receives
liquor under the direction of the tribal police or the Tribal Gaming
Commission as part of an enforcement action.
A person commits the civil infraction of consumption of liquor
in a public place if the person consumes liquor in any public place
or in any business establishment located on the Tribe's Reservation
that is not licensed to sell liquor for consumption on the premises.
A person commits the civil infraction of public intoxication
if the person is intoxicated in a public place and either endangers
directly the safety of another person or of property or acts in a
manner that causes a public disturbance.
A person commits the civil infraction of littering if the person
litters any street, sidewalk, parking lot, parkway or right-of-way.
For purposes of this section, the term "litter" means to discard any
debris, trash, bottles, cans, paper or any waste on, or into any area
except an appropriate container used for the disposal of such items.
A person commits the civil infraction of spitting in public
if the person spits on the floor or seat of any public carrier, or
any public floor or wall, seat or equipment of any place of public
assembly.
A person commits the civil infraction of indecent exposure if
the person intentionally makes any open and obscene exposure of his
or her person or the person of another knowing that such conduct is
likely to cause reasonable affront or alarm. The act of breastfeeding
or expressing breast milk is not indecent exposure.
A person commits the civil infraction of public urination or
defection if the person urinates or defecates in any public place
or any other place in the view of the public not specifically designated
for that purpose.
A person commits the civil infraction of simple possession of
marijuana if the person possesses not more than 30 grams of marijuana
or any of its derivatives.
A person commits the civil infraction of possession of drug
paraphernalia if the person vends, sells, distributes or possesses
any article or paraphernalia used or adapted for use as a means of
smoking, injecting, or consuming any unlawful drug. This section does
not apply to physicians, pharmacists, or individuals who have lawfully
been prescribed medication and who vend, sell, distribute or possess
any such articles for lawful purposes.
A. For purposes of this section, the term "minor" means a person less than 21 years of age, and the term "gambling" shall have the meaning ascribed to the terms "Class II gaming" and "Class III gaming" in §
8.5-12 in Chapter
8.5, Gaming, of the Tribal Code.
B. A minor commits the civil infraction of unlawful gambling by a minor
if the minor person engages, or attempts to engage, in any gambling
game at any gaming facility or enterprise licensed by the Tribe.
C. Subsection
B of this section does not apply to a minor who participates in an undercover operation in which the minor purchases or receives liquor under the direction of the tribal police or the Tribal Gaming Commission as part of an enforcement action.
A person commits the civil infraction of disorderly conduct
if he or she intentionally, knowingly or recklessly:
A. Uses abusive, indecent, profane or vulgar language in a public place;
or
B. Makes an obscene or offensive gesture in a public place; or
C. Abuses or threatens a person in a manner calculated to place the
threatened person in fear of bodily harm; or
D. Makes a loud and unreasonable noise in a manner that disturbs the
public peace; or
E. Engages in fighting or in violent, tumultuous or threatening behavior;
or
F. Unreasonably disrupts any lawful meeting or assembly; or
G. Lies or sleeps on any property that he or she has no right to occupy;
or
H. Obstructs vehicular or pedestrian traffic; or
I. Creates any hazardous physically offensive or alarming condition
by an act which serves no legitimate purpose.
A person commits the civil infraction of defrauding an innkeeper
if the person obtains (or attempts to obtain) food, lodging, merchandise
or other accommodations at any hotel, lodging house, restaurant, retail
store or similar place of business without paying, with intent to
defraud the owner or manager, or who obtains (or attempts to obtain)
credit at any hotel, lodging house, restaurant, retail store or similar
place of business by or through any false pretense, including altering
(or attempting to alter) the label, price tag or marking on any item
offered for sale and/or seeking to obtain a refund on merchandise
not previously purchased without value having been paid to the owner
or agent of the retail store.
A person commits the civil infraction of malicious mischief
if the person takes, knowingly or recklessly destroys, damages, or
defaces or removes any public property or other property not belonging
to the person.
A person commits the civil infraction of trespass if the person
willfully enters upon the lands or premises of another without lawful
authority, after having been forbidden to do so by the owner, legal
occupant, or agent for the owner or legal occupant, or remains upon
the land or premises of another after being notified to depart therefrom
by the owner or occupant or the agent or servant of either.
[Added 2-17-2011 by Res.
No. 02-17-11-07]
A person commits the civil infraction of hindering or opposing
a law enforcement officer if he or she obstructs, resists, hinders
or opposes a police officer or any authorized peace officer in the
discharge of his/her duties. A violation of this section is punishable
by a civil fine not less than $155.
[Added 2-17-2011 by Res.
No. 02-17-11-06]
A. A person commits the civil infraction of running over a fire hose
if he or she:
(1) Is operating a motor vehicle (as that term is defined in Chapter
8.10, Motor Vehicles, of the Tribal Code) on the Reservation; and
(2) Runs over a fire hose being operated by authorized fire personnel
or other public safety personnel.
B. A violation of this section is punishable by a civil fine of $155.
[Added 8-8-2012 by Res.
No. 08-08-12-01]
A. A person commits the offense of failure to register a slow-moving
vehicle if he or she:
(1) Owns or operates a slow-moving vehicle (golf cart) on tribal land;
and
(2) Fails to register the vehicle and show proof of insurance to the
NHBP Tribal Police Department.
B. Failure to register a slow-moving vehicle is a civil infraction punishable
by a civil fine not less than $100.
[Added 7-19-2012 by Res.
No. 07-19-12-07]
A. A person violates Chapter
8.13, Solicitors, of the Tribal Code if he or she:
(1) Provides false or misleading information in the application for solicitors
permit;
(2) Solicits business on the Pine Creek Reservation without obtaining a solicitors permit or violates any other provisions of Chapter
8.13, Solicitors; or
(3) Violates the terms and conditions contained in a solicitors permit.
B. A violation of Chapter
8.13, Solicitors, is a civil infraction punishable by a civil fine not less than $100.
[Added 9-22-2022 by Res. No. 09-22-22-05]
A. A person violates Chapter
6.4, Forest Protection and Timber Harvesting, of the Tribal Code if he or she:
(1) In applying for a permit pursuant to Chapter
6.4, makes any false or misleading statement to secure the permit;
(2) Fails to keep such records of forestry activity as required by the
Tribal Environment Department;
(3) Causes, aids, abets or conspires with any other person to violate any provision of Chapter
6.4;
(4) Conducts any forestry activity without first obtaining a permit from
the Tribal Environmental Department;
(5) Obstructs or interferes with the Tribal Environmental Department in the performance of its duties pursuant to Chapter
6.4;
(6) Removes, alters, or destroys any boundary marker or landmark erected
by the Tribe on Tribal property including any signs related to demarcating
designated preserves;
(7) Sets fire to any timber, woods, meadow, marsh or field on Tribal
property, except in accordance with any permit issued by the Tribal
Environmental Department and under its supervision;
(8) Applies any pesticide to or significantly alters any timber, woods,
meadow, marsh or field on Tribal property, except in accordance with
any permit issued by the Tribal Environmental Department and under
its supervision; or
(9) Imports any firewood onto Tribal property.
B. A violation of Chapter
6.4, Forest Protection and Timber Harvesting, is a civil infraction punishable by a civil fine not more than $100 for each occurrence.
C. Each day of the violation shall be considered a separate occurrence, except for any time designated by the Tribal Environmental Department for the remediation of any violation of Chapter
6.4.