This chapter shall be known as the "Nottawaseppi Huron Band
of the Potawatomi (NHBP) Commercial Tobacco-Free Buildings; Public
and Private Worksites and Public Places Code."
The Tribal Council of the NHBP enacts this chapter to ensure that all tribal members, family, friends, employees and tribal guests, and the next seven generations are not exposed to commercial tobacco use including secondhand smoke or to the uses of commercial tobacco products. The Tribal Council adopts this chapter pursuant to the express grant of authority enumerated in Article VI, Section 1(a) (of the NHBP Constitution) to promote and protect the health, safety, education and general welfare of the Band and its members.
A.
To restrict or prohibit the advertisement and/or promotion of any
tobacco products (hereinafter referred to as "tobacco industry") on
NHBP land in order to promote the health of tribal members and future
generations.
B.
The goal of this chapter is to ensure that exposure to commercial
tobacco use, including exposure to secondhand smoke, as well as the
uses of commercial tobacco products by tribal members, family, friends,
employees and tribal guests are minimized or eliminated.
C.
This chapter is not intended to restrict the use of ceremonial and/or
traditional tobacco use.
D.
To keep tribal adolescents and young adults from starting to use
commercial tobacco for nonceremonial/traditional recreational use.
E.
To prohibit the selling, giving or furnishing of commercial and/or
recreational tobacco products to minors and to regulate the retail
sale of recreational commercial tobacco products by prohibiting their
sale in most locations within the Nottawaseppi Huron Band of the Potawatomi
Reservation.
As used in this chapter, the singular includes the plural and
the plural the singular when consistent with the intent of this chapter.
The following definitions apply:
A person 18 years of age or older, or otherwise emancipated
by order of the Tribal Court or a court of competent jurisdiction.
All buildings owned by the NHBP, including all businesses
and all rental buildings.
Any sole proprietorship, partnership, joint venture, corporation
or other business entity formed for profit-making purposes, including
retail establishments where goods or services are sold as well as
professional businesses and other entities where legal, medical, dental,
engineering, architectural or other professional services are delivered.
A use that is not prohibited by this chapter and includes
ceremonial and/or traditional uses, including but not limited to smudging,
carrying or passing tobacco ties, wearing tobacco pouches, possessing
a single cigarette to be immediately used in a traditional ceremony,
or using a traditional pipe in connection with recognized traditional
spiritual or cultural protocols. Questions as to whether a particular
practice is in accord with "traditional spiritual or cultural protocols"
will be referred to a pipe carrier within the lodge the proponent
claims to identify with.
An individual who has not attained the age of 18 years of
age.
Commercially produced cigarettes, bidis, cheroots, stogies,
cigars, pipe or other smoking tobacco, snuff, snuff flour, cavendish,
plug and twist tobacco, smokeless, spit, chew, fine cut and other
chewing tobacco, shorts, and any other kind and forms of tobacco prepared
in such a manner as to be suitable for smoking in a pipe or otherwise
are all subject to this chapter.
Chewing/dipping or inhaling, exhaling, burning or carrying
any lighted commercial tobacco product.
Any person who is employed by the NHBP in consideration for
direct or indirect monetary wages and any person who volunteers his
or her services for any business of the NHBP.
Any member of a federally recognized American Indian tribe
or Alaska native, a Canadian Indian tribe or First Nation, or any
person from a nonfederally recognized Indian tribe.
An individual who is not married and has not attained the
age of 18 years of age.
A person who is legally responsible for the control and care
of a child, including a natural or adoptive parent, a legal guardian
or custodian, excluding persons whose parental rights have been terminated.
A guardian who has been granted long-term guardianship status
that is irrevocable unless the guardian is unsuitable as determined
by the Tribal Court or the appointed guardian petitions for revocation.
Any enclosed area to which the public is invited or in which
the public is permitted, including but not limited to educational
events, health facilities, public transportation, reception areas,
retail food production and marketing establishments, retail services
establishments, retail stores, waiting rooms. A private residence
is not a public place.
A use of any commercial tobacco product for a use that is
not a recognized ceremonial tobacco use.
Any residential house, duplex or apartment that is owned
by the Tribe and rented to any person.
The elected governing body exercising legislative and executive
powers of the Nottawaseppi Huron Band of the Potawatomi, as set forth
in the NHBP Constitution.
The Nottawaseppi Huron Band of the Potawatomi Tribal Court.
Any area under the control of the NHBP which employees normally
frequent during the course of their employment, including but not
limited to work areas, employee lounges and restrooms, conference
and class rooms, employee cafeteria and hallways. A private residence
is not a worksite unless it is used as a child-care, adult-care or
health-care facility.
