A.
It shall be unlawful for any individual who is subject to jurisdiction
under this chapter to fail to comply with any of its provisions.
B.
It shall be unlawful for any individual to smoke or use commercial
tobacco in any area where it is prohibited by the provisions of this
chapter. Any individual violating this chapter shall be guilty of
a civil infraction punishable by either or both of the following:
C.
It shall be unlawful for any individual to sell tobacco to minors
as provided for in this chapter. Any individual violating this chapter
shall be guilty of a civil infraction punishable by:
D.
Any individual who owns, manages, operates or otherwise controls
the use of any premises subject to jurisdiction under this chapter
and on whose premises a violation of any provision of this chapter
occurs shall be guilty of a civil infraction punishable by:
(1)
A warning citation for a first violation.
(2)
A fine not exceeding $100 for a second violation within one
(1) year from a finding of the first violation, provided that adequate
time has elapsed between the first and second violation for the alleged
violator to have received notice of the first violation.
(3)
A fine not exceeding $500 for a third violation of this chapter
within one (1) year from a finding of the first violation.
(4)
A fine not to exceed $1,000 for each additional violation of
this chapter within one (1) year from a finding of the first violation.
E.
Within ten (10) days after receipt of a citation issued under this
section, the alleged violator may appeal the citation to the NHBP
Tribal Court.
A.
It shall be unlawful for a minor who is subject to jurisdiction under
this chapter to fail to comply with any of its provisions.
B.
A minor who violates this chapter is guilty of a civil infraction
and punishable by a fine not to exceed $50 for each violation. Pursuant
to a court order, the Court may also require the minor to participate
in a health promotion and risk reduction assessment program, if available.
A minor who is ordered to participate in a health promotion and risk
assessment program under this subsection is responsible for the costs
of participation in the program. A minor violating this chapter shall
be guilty of a civil infraction punishable by and subject to any of
the following:
(1)
For the first violation, the Court may order the minor to do
any of the following:
(2)
For a second violation, in addition to participation in a health
promotion and risk reduction program, the Court may order the minor
to perform not more than thirty-two (32) hours of community service
for tribal elders, in a hospice, nursing home or long-term-care facility,
or any other community service as ordered by the Court.
(3)
For a third or subsequent violations, in addition to participation
in a health promotion and risk reduction program, the Court may order
the minor to perform not more than forty-eight (48) hours community
service for tribal elders, in hospice, nursing home or long-term-care
facility, or any other community service as ordered by the Court.
C.
Within ten (10) days after receipt of a citation issued under this
section, the alleged violator may appeal the citation to the NHBP
Tribal Court.
