The purpose of this chapter is to provide expectations and limitations
for individuals seeking recreational activities, specifically, the
act of camping within the exterior boundaries of the Menominee Reservation.
This chapter shall apply to all lands within the exterior boundaries
of the Menominee Indian Reservation, Naneweyah Ominihekan area (Middle
Village area), and any lands acquired by the Tribe for the use and
benefit of the Tribe. The Court shall have jurisdiction over proceedings
instituted pursuant to this chapter. This chapter shall be binding
upon all individuals who reside on, travel through, or come upon the
Menominee Indian Reservation and any lands held in trust for the Tribe
or later acquired and placed in trust for its benefit. Any person
who enters the Menominee Indian Reservation shall be deemed to have
given consent to the jurisdiction of the Tribe for the purposes of
enforcing this chapter.
In this chapter, the following terms shall have the following
meanings as indicated:
CAMP SITE
Segregated camping sites within a campground designated for
permitted camping by tribal members or camping areas set up for unpermitted
camping within the Reservation that would include the area of containment
where settlement and personal belongings are located.
CAMPER(S)
Individual(s) partaking in the act of camping as defined
within this chapter.
CAMPGROUND
Areas on the Reservation that have been designated as a campground
by Community Development that may contain amenities and camping lots.
CAMPING
The act of an individual(s) staying overnight outdoors and
utilizing an area or nonpermanent movable shelter as a temporary home:
A.
Dispersed/primitive camping requiring no permit; and
B.
Permitted camping in designated areas.
CAMPING PERMIT
A physical certificate that permits camper(s) to temporarily
reside on a defined camping location for a time period as specified
by the permit.
CAMPING RULES
Rules created that address conduct of campers, general camping
rules, and specific rules for specific places and campgrounds. These
rules shall be developed by the Community Development Department and
approved by the Community Development Committee.
FAMILY UNITS
A.
A family unit is defined as:
(2)
Persons living together in common law marriage (meaning cohabitation
evidenced by sworn statement on the application form); or
(3)
A single adult person; and
B.
Includes any biological child(ren), legally adopted child(ren), foster children, stepchildren, or children in temporary custody under the age of 18 years who reside in the same household as Subsection
A,
B or C.
NATURAL ENVIRONMENT
The physical world that is not man-made and may include both
animal and plant life.
OTHER AREAS
All lands within the exterior boundaries of the Menominee
Indian Reservation that are subject to the jurisdiction of this chapter.
PARK
Area within the Menominee Indian Tribe of Wisconsin that
has been designated for recreational use in the best interest of the
community.
PHYSICAL PROPERTY
Inanimate items used by individuals that are man-made and
include tangible resources provided at park areas.
PROHIBITED ACTIVITIES
Any acts by an individual(s) deemed to be unlawful or harmful
to an individual(s), physical property, or natural environment, including
all Menominee tribal ordinance violations.
RECREATIONAL ACTIVITIES
Those activities that result in relaxation and enjoyment
of individual(s) which do not violate any current laws of the Menominee
Indian Tribe of Wisconsin, which may include, but is not be limited
to, picnicking, camping, boating, hunting, fishing, hiking, skiing,
swimming, and other related activities.
RESTRICTED AREAS
Any boat launches or areas restricted for cultural learning,
emergency closures, or other public safety closures.
TRIBE
The Menominee Indian Tribe of Wisconsin, a federally recognized
Indian Tribe as provided by the Menominee Restoration Act, Act December
22, 1973, Pub. Law 93-197, 87 Stat. 770, which appears generally as
25 U.S.C. § 903 et seq.
In addition to any specific prohibition or restriction stated
elsewhere in this chapter, the following are prohibited:
A. Campers camping in any location within the Reservation shall not violate any other tribal ordinances, including, but not limited to, Chapter
196, State of Emergency, Chapter
325, Fire Prevention, Chapter
429, Noise, Chapter
504, Article
I, Scavenging and Dumping, and Chapter
250, Alcoholic Beverages.
B. The duration of camping shall not exceed the time period designated
in the sections above or designated in the camping rules. The Tribe
has the right to remove any person and property that remain after
this expiration.
C. Campers are prohibited from leaving the camping location in disorder.
When the individual(s) concludes the specified camping period, the
location must be left free of any debris or refuse or property and
in an undisturbed condition.
(1) Property remaining after the duration of the allowable camping period
shall be considered abandoned property. All abandoned property will
become property of the Tribe.
D. Campers may not camp within at least 30 feet from any roadway, hiking
or vehicle trail, water body, stationary or mobile park improvement,
pier or dock or swimming area.
E. Campers shall not violate camping rules.
All Menominee tribal police officers and conservation officers
are hereby designated as authorized officials to issue civil citations
under this chapter.
This chapter and the various parts, sections, subsections, sentences,
phrases, clauses hereof are hereby declared to be severable. If any
part, section, subsection, sentence, phrase, clause is adjudged unconstitutional
or invalid, it is hereby declared that the remainder of this chapter
shall not be affected.
This chapter shall take effect upon final approval by the Menominee
Tribal Legislature.