[Adopted 12-7-2000 by Ord. No. 00-33; amended in its entirety 5-21-2020 by Ord. No. 20-10[1]]
[1]
Editor's Note: This ordinance also amended the title of this article, which was formerly Public Consumption.
This article shall be titled "Intoxication and Alcoholic Beverage Offenses."
The following words and terms shall have the following meanings:
ALCOHOLIC BEVERAGE
Fermented malt beverages, intoxicating liquor and wines which contain 0.5% or more alcohol by volume, but shall not include any beverage used in a bona fide religious ceremony.
INTOXICATED
Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, or combination of two or more of those substances or any other substance into the body.
PRIVATE PROPERTY
Any private residence which is owned or leased by:
A. 
The person consuming the alcoholic beverage or in possession of the open container of the alcoholic beverage;
B. 
An immediate member of said person's family; or
C. 
A person who has granted permission to the person consuming the alcoholic beverage or in possession of the open container of the alcoholic beverage to be on the property.
PRIVATE RESIDENCE
A house or apartment where persons reside and shall not include any commercial establishment.
PUBLIC PLACE
A. 
A public place is not:
(1) 
Inside a place that is licensed to allow consumption of alcoholic beverages on its premises pursuant to Article I of this chapter; and
(2) 
A place where alcoholic beverages are allowed to be consumed pursuant to Chapter 444, Parks and Recreation, Article I, Ballparks, of this Code or any other chapter of the Code of Menominee Indian Tribe.
B. 
A public place is any place:
(1) 
That is within view of a public road; or
(2) 
That is where the conduct involved may reasonably be expected to be viewed by people other than members of the actor's family or household; and
(3) 
That is not private property.
A. 
It shall be unlawful for any person to consume an alcoholic beverage or be in possession of an open container of an alcoholic beverage in a public place within the exterior boundaries of the Menominee Indian Reservation. Persons violating this section shall be issued a citation by a Menominee tribal police or Menominee tribal conservation officer and have any alcoholic beverages in their possession confiscated and disposed of.
B. 
Except as provided in the subsection below, the penalty for violation of this section shall be a forfeiture of $100.
(1) 
If it is shown on the trial of the offense that the person has previously been convicted of the same offense within the past 12 months, the penalty shall be a forfeiture of $200.
(2) 
If it is shown on the trial of the offense that the person has previously been twice convicted of the same offense within the past 12 months from the penalty shall be a forfeiture of $300.
C. 
The Court may:
(1) 
After a finding of inability to pay, reduce the cost of forfeiture and order the person to pay the difference toward the cost of the alcohol assessment; or a combination of requiring the person to perform community service work and/or attending trauma informed care training and/or adverse child experience training in lieu of paying the forfeiture imposed; or
(2) 
Require the person to attend trauma informed care training and/or adverse child experience training in lieu of paying half of the forfeiture for a first offense.
A. 
A person commits an offense if the person appears in any public place under the influence of intoxicating liquor, any drug, controlled substance, or any combination of any intoxicating liquor, drug, controlled substance, in a condition that he or she is:
(1) 
Unable to exercise care for their safety or the safety of others; or
(2) 
By reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance or any combination of any intoxicating liquor, drug, interferes with, obstructs, or prevents others from using streets, sidewalks, or other public ways, public places, or tribal lands.
B. 
For the purposes of this section, a premises licensed or permitted alcohol under a state or tribal alcohol beverage code is a public place.
C. 
Except for as provided in the subsection below, the penalty for a violation of this section shall be $150.
(1) 
If it is shown on the trial of the offense that the person has previously been convicted of the same offense within the past 12 months the penalty shall be a forfeiture of $300.
(2) 
If it is shown on the trial of the offense that the person has previously been convicted of the same offense within the past 12 months the penalty shall be a forfeiture of $450.
D. 
The Court may:
(1) 
After a finding of inability to pay, reduce the cost of forfeiture and order the person to pay the difference toward the cost of the alcohol assessment; or a combination of requiring the person to perform community service work and/or attending trauma informed care training and/or adverse child experience training in lieu of paying the forfeiture imposed; or
(2) 
Require the person to attend Trauma Informed Care Training and/or Adverse Child Experience Training in lieu of paying half of the forfeiture for a first offense.
The Court shall:
A. 
Strive to understand the prevalence and impact of trauma.
B. 
Move towards recommending or ordering service delivery efforts where there is a greater understanding of the role of trauma in offenders' lives and the impact of trauma on health and substance-use-related behaviors.
C. 
Afford dignity and respect to all individuals appearing before or coming in contact with the Court.
A. 
If any portion of this article is found to be unconstitutional or in violation of applicable federal law, the remainder of this article shall remain in effect.
B. 
This article shall be immediately effective upon final approval of the Menominee Tribal Legislature.