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Nottawaseppi Huron Band of the Potawatomi, MI
Calhoun County
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Table of Contents
Table of Contents
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.