Judicial Code
ALCOHOL & CONTROLLED SUBSTANCE
ORDINANCE
Sec.
1.1. Purpose; Policy.
It is the policy of the Prairie Island Indian Community Council to
protect the safety and welfare of persons within the Reservation and to ensure
the maintenance of law and order on the Reservation by regulating the purchase,
possession and consumption of alcoholic beverages by persons under the age of 21
years, by regulating the possession or consumption of alcoholic beverages by all
Community Members in public places during Community events including but not
limited to the annual Summer and Winter Pow Wows, and by prohibiting the
purchase, possession or use of controlled substances by all persons on the
Reservation.
Sec.
1.2. Scope.
The provisions of this Ordinance apply to all persons who purchase,
possess or consume alcohol or controlled substances on the Reservation in
violation of this Ordinance.
Sec.
1.3. Definitions.
Unless otherwise clearly indicated herein, the terms used in this
Ordinance shall have the meanings given them in Minn. Stat., Section 340A.101
(1998), as that Section may be amended from time to time.
If a definition for a term is not provided by the text of this Ordinance,
or by Minn. Stat., Section 340A.101 (1998), then the term is to be given its
ordinary and plain meaning.
A.
Alcoholic Beverage
means any beverage as defined by Part I, Section 2(a) of the Community’s
Liquor Control Ordinance, published in the Federal Register on December 1, 1992.
B.
Consume means
both the ingestion of an alcoholic beverage or controlled substance and the
physical condition of having ingested an alcoholic beverage or controlled
substance.
C.
Controlled Substance
means a drug, substance, or immediate precursor as identified in Schedules I
through V of Section 152.02 of Minnesota Statutes.
D.
Drug Paraphernalia
means all equipment, products and materials of any kind, except those items used
in conjunction with permitted uses of controlled substances under the Uniform
Controlled Substances Act, which are knowingly or intentionally used primarily
in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling
or otherwise introducing into the human body a controlled substance, (3) testing
the strength, effectiveness or purity of a controlled substance, or (4)
enhancing the effect of a controlled substance.
E.
Law Enforcement Officer
means any full or part-time officer employed by the Prairie Island Indian
Community Police Department, including the Chief of Police, unless the context
clearly indicates otherwise. It
also includes “Peace Officers” as defined in Minnesota Statutes, Section
626.84, subd. 1(c)(1998), subject to the limitations contained in Section 1.5 of
this Ordinance.
F.
Possess includes,
but is not limited to, being in a room, any motorized vehicle, including
snowmobiles and ATVs, a boat, trailer, or public or private place where
Alcoholic Beverages are openly displayed and accessible.
Lack of knowledge of the existence or lack of accessibility to such
Alcoholic Beverage shall be an affirmative defense that must be asserted and
established by a preponderance of the evidence.
G.
The Reservation
means the area depicted as the Prairie Island Indian Community on the map
attached hereto (or all lands held by the United States in trust for the benefit
of the Prairie Island Indian Community).
H.
The Tribal Council
means the Prairie Island Indian Community Tribal Council.
I.
The Tribal Court means the Prairie Island Indian Community Tribal Court.
Sec.
1.4. Enforcement Authority.
A.
Authorized Law Enforcement Officers.
The Following
Law Enforcement Officers are empowered and authorized to enforce this Ordinance:
(1)
The Prairie
Island Community Chief of Police and Officers of the Prairie Island Indian
Community Police Department;
(2)
Peace Officers
employed by jurisdictions that meet the requirements of paragraph B of this
Section.
B.
Limitation of Authority as to Peace Officers.
The authority granted to Peace Officers in paragraph A, clause 2 of this
Section will be effective only if and when a cooperative agreement is in effect
between the Prairie Island Indian Community and the relevant state or local law
enforcement agency.
C.
Entry
of Dwellings. Authorized Law Enforcement Officers shall have the authority to enter
private dwellings for the purpose of enforcing this Ordinance if the Officer has
probable cause to believe that the Ordinance is being violated, either subject
to the authority of a Tribal or State Court search warrant, or as permitted by
Minnesota law regarding warrantless searches.
D.
Process.
A copy of each
citation issued pursuant to this Ordinance shall be promptly submitted to the
Clerk of the Tribal Court of the Prairie Island Indian Community.
The recipient of the citation then has twenty (20) days from the filing
of the citation with the Court to respond.
The defendant may mark the citation with a plea of guilty and pay the
associated fine or may mark the citation with a plea of not guilty and return it
to the Tribal Court within the specified time, in which case a date for trial
will be set. The failure of a
defendant to respond to the citation within the specified time will be
considered a plea of guilty and a waiver of the right to a trial, unless the
defendant can show that the failure to respond was due to excusable neglect or
exigent circumstances beyond her or his control.
Sec.
1.5. Jurisdiction.
The Tribal Court shall have the exclusive
jurisdiction to enforce the provisions of this Ordinance and impose the
penalties provided for therein upon the presentation of a complaint by the
Tribal Council, an Officer of the Prairie Island Community Police Department or
other Authorized Law Enforcement Officer. The
prosecution of a complaint may be carried out by the Complainant, including an
Authorized Law Enforcement Officer, notwithstanding whether such person is an
attorney and notwithstanding whether such person has been admitted to appear
before the Tribal Court, or by a prosecutor assigned by the Tribal Council.
Nothing in this Section shall be construed to preclude or limit a State court’s ability to afford full faith and credit to an order of the Tribal Court issued under the authority of this Ordinance.
Sec.
1.6. Penalties.
A. Fine Categories.For the purposes of this Ordinance the following
penalties are associated with the following fine categories:
Violation
Fine
Level 1 Offense a civil fine
not greater than $500
Level 2 Offense a civil fine
not greater than $1000
B.
Nonpayment
of Fines.
If
a fine levied by the Tribal Court under this Ordinance against a Member of the
Community is not paid within thirty (30) days, the Tribal Court shall have the
authority to order garnishment of the Member’s per capita distributions in the
amount of the fine. If the fine
levied by the Tribal Court under this Ordinance against a Community Member who
is a minor is not paid within 30 days, the Tribal Court shall have the authority
to order the garnishment of the per capita distributions of the minor’s parent
or legal guardian in the amount of the fine, if such parent or legal guardian is
a Member of the Community, or to impose the fine or Community service or both
against a parent or legal guardian who is not a member of the Community.
C.
Fines
-- Repeat Offenders.
Unless otherwise provided in this Ordinance, if a person is convicted of
a second offense under this Ordinance within a twelve (12) month period, the
Tribal Court may, in its sole discretion, double the dollar amount of the
applicable fine.
D.
Other
Penalties Authorized.
(1)
Banishment/Trespass.
If
a non-member is convicted of a controlled substance offense, the Tribal Court
shall also have the authority to banish non-members from the Community for a
fixed period, or permanently as the Court may deem appropriate in its sole
discretion.
(2)
CD and
Alcohol Assessments.
If a Community Member is convicted of a controlled substance violation,
the Court shall also have the authority to require that the Community Member
submit to a CD assessment and to follow all recommendations resulting from that
assessment. If a Community Member
is convicted of a second alcohol-related offense in a twelve (12) month period,
the Tribal Court shall also have the authority to require that the Community
Member submit to an alcohol assessment and to follow all recommendations
resulting from that assessment.
E.
Records.
(1)
The Tribal
Court shall keep a full record of every case in which a person is convicted of a
violation of any part of this Ordinance and shall make that record, or an
abstract thereof, available to the Department of Public Safety of the State of
Minnesota upon request.
(2)
No record of
the conviction of any person under this Ordinance shall be admissible as
evidence in any court in any civil action, nor shall such record impair the
credibility of such persons as a witness in any legal proceeding.
Sec.
1.7. Severability.
If any part of this Ordinance is found to be invalid by any court of
competent jurisdiction or by the United States Department of the Interior, it
shall be severed and the remaining parts shall remain in effect.
Section
1.8. Penalties Civil in Nature; Applicability of Indian Civil
Rights Act. The penalties authorized by this Ordinance are civil in
nature and do not preclude or affect the ability of the State of Minnesota to
criminally prosecute offenders in the Courts of the State of Minnesota based on
the same occurrence. This Ordinance
will be enforced in compliance with the protections afforded by the Indian Civil
Rights Act of 1968, 25 U.S.C. §§ 1301 – 1341.
Section 2.1. Consumption. It is a violation of this Ordinance for any person under the age of 21 years to consume alcoholic beverages. A violation of this Section shall constitute a Level 1 Offense.
Section
2.2. Purchase.
It is a
violation of this Ordinance for any person:
A.
to sell, barter, furnish, or give alcoholic beverages to a person under
21 years of age;
B.
under the age of 21 years to purchase or attempt to purchase any
alcoholic beverage; or
C.
to induce a person under the age of 21 years to purchase or procure any
alcoholic beverage or to lend or knowingly permit the use of the person’s
driver’s license, permit, Minnesota identification, or other form of
identification by a person under the age of 21 years for the purpose of
purchasing or attempting to purchase an alcoholic beverage.
A violation of paragraph A or C of this Section shall constitute a Level
2 Offense. A violation of paragraph
B of this Section shall constitute a Level 1 Offense.
Section
2.4. Misrepresentation of Age.
It is a violation of this Ordinance for a person under the age of 21
years to claim to be 21 years old or older for the purpose of purchasing,
possessing or consuming alcoholic beverages.
A violation of this Section shall constitute a Level 1 Offense.
Section
2.5. Community Events.
It is a violation of this Ordinance for any person to possess or consume
Alcoholic Beverages on the Reservation (with the exception of home site
assignments and business enterprises of the Prairie Island Indian Community,
including but not limited to, Treasure Island Resort & Casino and Mount
Frontenac Golf & Ski) during Community events, including specifically, but
not limited to, the Community’s annual Summer and Winter Pow Wows and such
other events as the Community Council may identify by formal Resolution that has
been published in the Tinta Wita. A
violation of this Section shall constitute a Level 1 Offense.
CONTROLLED
SUBSTANCES
Section
3.1.
It is a
violation of this Ordinance for any person to manufacture, deliver, receive,
sell, possess or consume, without a valid pharmacist license or without a valid
prescription from a medical doctor, a controlled substance.
A violation of this Section shall constitute a Level 2 Offense.
Section
3.2. It is a
violation of this Ordinance for any person to possess Drug Paraphernalia.
A violation of this Section shall constitute a Level 1 Offense.
CHAPTER
IV
EFFECTIVE
DATE
Sec. 4.1. Effective Date. This Ordinance shall become effective the day following adoption by the Tribal Council.
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