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Lac Du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin - Tribal Code

Received: October 2013

The tribe has not given permission for the full-text tribal code to be made available online here. The links below will take you to the tribe's website. Please contact the library for assistance.

Table of Contents

Constitution and Bylaws

Chapter 10 Membership Ordinance

10.01 Definitions.
10.02 Composition.
10.03 Membership Roll.
10.04 Enrollment.
10.05 Adoption.
10.06 Burden of Proof.
10.07 Re-evaluation of Rejected Applications.
10.08 Confidentiality.
10.09 Relinquishment.
10.10 Removal from Membership.
10.11 Notice of Recommendation for Rejection.
10.12 Repeal of Conflicting Provisions.
10.13 Effectiveness of Provisions.

Chapter 11 Election Code

11.101 Purpose and Authority.
11.102 Qualified Voters.
11.103 Date of Elections.
11.104 Election Board.
11.105 Duties of Election Board.
11.106 Conduct of Elections.
11.107 Polling Place.
11.108 Election Hours.
11.109 Policing of Polls.
11.110 Nomination of Candidates.
11.111 Notice of Election.
11.112 Primary Election.
11.113 Ballots.
11.114 Voting Procedures at Polls.
11.115 Absentee Voters.
11.116 Voting by Shut-ins.
11.117 Ascertainment of Intent of Voter.
11.118 Poll Watchers.

Chapter 12 Personnel Policies and Procedures

As of December 31, 1989, the Personnel Policies and Procedures were still undergoing revision and a final text had not been prepared.  The policies will have their own format and will not be included in the Tribal Code, but will be available as a separate document.

Chapter 13 Procurement and Property Management

13.101 Definitions.
13.102 Compliance.
13.103 Financial Reporting and Recordkeeping.
13.104 Maintenance of Property.
13.105 Disposition of BIA Property.
13.106 Disposition of Other Federal Property.
13.107 Indian Preference.

Chapter 14 Petition Policy

14.101 Number of Signatures.
14.102 Verification by Circular.
14.103 Age of Signer.
14.104 Council Member Participation Prohibited.
14.105 Submission to Secretary.
14.106 Action by Council.
14.107 Minutes.

Chapter 15 Inspection of Tribal Records

15.101 Persons Requesting.
15.102 Records Subject to Inspection.
15.103 Request for Inspection.
15.104 Response to Request.
15.105 Scope of Inspection.
15.106 Copies.

Chapter 16 Meeting Procedures

16.101 Meeting Place.
16.102 Meetings Open to Members.
16.103 Executive Sessions.
16.104 Recording of Changed the Minutes.
16.105 Attendance by Non-members.
16.106 Methods of Voting.
16.107 Confidentiality Presumed.

Chapter 17 Ethical Conduct

17.101 Title.
17.102 Purpose.
17.103 Authority.
17.104 Effective Date.
17.105 Applicability.
17.106 Severability.
17.107 Sovereign Immunity Preserved.
17.108 Abrogation and Greater Restrictions.
17.109 Definitions.
17.110 Standards.
17.111 Prohibited Conduct.
17.112 Enforcement and Penalties.

Chapter 20 Conservation Code - Members

20.100 GENERAL PROVISIONS.

20.101 Purpose.
20.102 Authority.
20.103 Effective Date.
20.104 Abrogation and Greater Restrictions.
20.105 Interpretation.
20.106 Severability and non-Liability.
20.107 Applicability.
20.108 Definitions.
20.109 Implied Consent.
20.110 Ceremonial Harvest.

20.200 NETTING OF FISH.

20.201 Definitions.
20.202 Permitted Gillnetting.
20.203 Sale of Prohibited Species.
20.204 Netting Permit Requirements.
20.205 Permit Contents.
20.206 Net marking Requirements.
20.207 Monitoring of Netting Activities.
20.208 Closure of Waters to Netting.
20.209 Regulation of Netting.
20.210 Sharing Equipment Prohibited.

20.300 PRIVATE FISH HATCHERIES.

20.301 Purpose.
20.302 Definitions.
20.303 Permit Required.
20.304 Contents of Application for Permit.
20.305 Contents of Permit.
20.306 Harvest and Sale of Certain Species Prohibited.
20.307 Restrictions on Private Fishery Operations.
20.308 Monitoring of Fisheries Operations.
20.309 Return of Production to Reservation Waters Required.
20.310 Reporting Requirements.
20.311 Reports Concerning Fish Clipped and/or Tagged.
20.312 Penalty.

20.400 EAGLE PROTECTION.

20.401 Purpose.
20.402 Taking of Eagles Prohibited.
20.403 Injuring of Eagles Prohibited.
20.404 Disturbing Nest Sites Prohibited.
20.405 Possession of Eagles; Restrictions.
20.406 Religious Uses Protected.
20.407 Information of Eagle Status on Reservation.

20.500 SPEARING OF FISH.

20.501 Definitions.
20.502 Sharing Equipment Prohibited.

20.600 – 20.800 [RESERVED].

20.900 ENFORCEMENT AND PENALTIES.

20.901 Conservation Wardens.
20.902 Emergency and Seasonal Rulemaking.
20.903 Resisting Conservation Warden.
20.904 Tribal Tags, Seals, and Equipment.
20.905 Nonmember Use Restrictions.
20.906 Larceny of Harvest.
20.907 Waste of Natural Resources.
20.908 Classification of Forfeiture.
20.909 Penalties.
20.910 Parties to a Violation.
20.911 Civil Damages.
20.912 Enforcement Procedures.

Chapter 21 Conservation Code - Nonmembers

21.100 IMPLEMENTATION OF CONSERVATION PRACTICES.

21.101 Definitions.
21.102 Duties of the Committee.

21.200 SMALL GAME HUNTING BY NONMEMBERS.

21.201 Definition.
21.202 License Required.
21.203 Species Limited.
21.204 DNR Regulations Apply.
21.205 Closed Seasons.
21.206 License Fees.

21.300 BIG GAME HUNTING BY NONMEMBERS.

21.301 Definition.
21.302 License Required.
21.303 Species Limited.
21.304 DNR Regulations Apply.
21.305 Closed Seasons.
21.306 License Fees.

21.400 GAME FISHING BY NONMEMBERS.

21.401 Definition.
21.402 License Required.
21.403 DNR Regulations Apply.
21.404 Closed Seasons.
21.405 License Fees.

21.500 TRAPPING BY NONMEMBERS OF FUR BEARING ANIMALS.

21.501 Definition.
21.502 License Required.
21.503 Species Limited.
21.504 DNR Regulations Apply.
21.505 Closed Seasons.
21.506 License Fees.

21.600 RICING BY NONMEMBERS.

21.601 Definitions.
21.602 License Required.
21.603 Methods of Harvest.
21.604 Seasons.
21.605 Closed Seasons.
21.606 License Fees.

21.700 CONDUCT BY NONMEMBERS WHICH IS PROHIBITED.

21.701 Protected Species.
21.702 Littering.
21.703 Littering In Water.
21.704 Off-Road Vehicles.
21.705 Waste Prohibited.
21.706 License Required.
21.707 Camping.
21.708 Crossing Tribal Land.
21.709 Violations.

21.800 ENFORCEMENT.

21.801 Hearings in Tribal Court.
21.802 Enforcement by Deputized Conservation Warden.
21.803 Enforcement by Wisconsin Department of Natural Resources Warden.
21.804 Search and Seizure; When Authorized.
21.805 Investigations and Citations.
21.806 Registration Information.
21.807 Penalties.
21.808 Enhancement of Forfeiture.
21.809 Civil Damages.
21.810 Seized Wild Animals and Wild Plants.
21.811 Specific Minimum Forfeitures for Certain Violations.
21.812 Parties to a Violation.

Chapter 22 Timber Trespass Code

22.101 Scope and Purpose.
22.102 Definitions.
22.103 Implied Consent.
22.104 Prohibited Acts.
22.105 Procedure.
22.106 Enforcement and Penalties.

Chapter 23 Reservation Water and Shoreline Protection and Enhancement Ordinance

23.100 GENERAL PROVISIONS.

23.101 Purpose.
23.102 Authority.
23.103 Effective Date.
23.104 Abrogation and Greater Restrictions.
23.105 Interpretation.
23.106 Severability and Non-Liability.
23.107 Applicability.
23.108 Definitions.

23.200 ESTABLISHMENT OF ORDINARY HIGH WATER MARK.

23.201 Authority to Establish.
23.202 Standards for Establishing.

23.300 PERMITS FOR STRUCTURES AND DEPOSITS IN RESERVATION WATERS.

23.301 Permit Required for Certain Activities.
23.302 Activities Presumed to be Non-Detrimental to Tribe's Interests.
23.303 Contents of Permit Application.
23.304 Site Inspection.
23.305 Permit Fee.

23.400 REGULATION OF STRUCTURES ON OR ADJACENT TO RESERVATION WATERS.

23.401 Boathouses.
23.402 Fishing Rafts.
23.403 Wharves and Piers.
23.404 Permits for Wharves and Piers.
23.405 Berth Structures.
23.406 Bridges in or Over Reservation Waters.
23.407 Abandoned Structures.
23.408 Obstructions to Navigation.
23.409 Marina Facilities.

23.500 REMOVAL OF MATERIAL FROM RESERVATION WATERS.

23.501 Cutting of Aquatic Vegetation.
23.502 Aquatic Vegetation Removal Without Consultation.
23.503 Removal of Aquatic Vegetation - if allowed.
23.504 Removal of Material From Bed of Reservation Water.
23.505 Purpose for Removal of Material From Bed.
23.506 Contents of Permit Application.
23.507 Contents of Project and Reclamation Plan.
23.508 Standards for Permit Issuance.
23.509 Bond Requirements.
23.510 Contents of Permit.
23.511 Permit Extensions.
23.512 Site Inspection.
23.513 Permit Fee.

23.600 DIVERSION OF WATER FROM RESERVATION LAKES AND STREAMS.

23.601 Authorized Diversion of Water.
23.602 Unauthorized Diversion of Water.

23.700 WETLAND PROTECTION.

23.701 Establishment of Wetland Areas.
23.702 Authorized Uses in Wetland Areas.
23.703 Prohibited Uses in Wetland Areas.
23.704 Requirements of Conditional Use Permit.
23.705 Contents of Conditional Use Permit Application.
23.706 Site Inspection.
23.707 Conditional Use Permit Fee.

23.800 WATER QUALITY PROTECTION.

23.801 Minimum Lot Size.
23.802 Building Setback Requirements.
23.803 Cutting of Trees and Shrubbery Restrictions.
23.804 Restrictions Upon Filling, Grading, Lagooning, Dredging, Ditching and Excavating.

23.900 NONCONFORMING USES AND STRUCTURES.

23.901 Definition.
23.902 Prohibited Nonconforming Uses.
23.903 Nonconforming Structures.
23.904 Discontinuance of Use of Nonconforming Structure.
23.905 Destruction or Damage to Nonconforming Structure.
23.906 Conditional Use Permits.

23.1000 ENFORCEMENT AND PENALTIES.

23.1001 Enforcement by Tribal Law Enforcement Personnel.
23.1002 Authority of Law Enforcement Personnel.
23.1003 Civil Remedial Forfeiture of Property.
23.1004 Civil Remedial Money Penalties.
23.1005 Parties to a Violation.
23.1006 Injunctive Relief.
23.1007 Condemnation of Property.
23.1008 Damages.
23.1009 Jurisdiction.

Chapter 24 Solid Waste Management Code

24.101 Scope and Purpose.
24.102 Definitions.
24.103 Solid Waste Management.
24.104 Permitting of Solid Waste Disposal Facilities.
24.105 Jurisdiction and Procedure
24.106 Enforcement.
24.107 Penalties.

24.200 RECYCLING, COMPOSTING, AND RESOURCE RECOVERYecycling, Composting, and Resource Recovery.

24.201 Scope and Purpose.
24.202 Definitions.
24.203 Separation of Recyclable Materials.
24.204 Management of Lead Acid Batteries, Major Appliances, Waste Oil and Yard Waste.
24.205 Other Materials.
24.206 Preparation and Collection of Recyclable Materials.
24.207 Prohibitions on Disposal of Recyclable Materials.
24.208 Enforcement.
24.209 Responsibilities of Owners or Designated Personnel of Non-Residential Facilities and Properties.

Chapter 25 Boat, Snowmobile and ATV Registration Ordinance

25.101 Purpose.
25.102 Registration.
25.103 Registration Number.
25.104 Display.
25.105 Registration Certificates.
25.106 Notification of Transfer.
25.107 Prohibited Acts.
25.108 Penalties.
25.109 Jurisdiction.

Chapter 26 Part I Off-Reservation Conservation Code

26.100 INTRODUCTION.

26.101 Title.
26.102 Authority.
26.103 Purpose.
26.104 Territorial Applicability.
26.105 Effective Date.
26.106 Interpretation.
26.107 Severability and Non-Liability.
26.108 Repeal of Inconsistent Tribal Ordinances.
26.109 Religious or Ceremonial Use of Natural Resources.

26.200 GENERAL DEFINITIONS.

26.201 General Definitions.

26.300 GENERAL.

26.301 Title to Wild Animals and Wild Plants.
26.302 Permits and Identification.
26.303 Waste of Natural Resources.
26.304 Larceny of Natural Resources.
26.305 Use of Poison or Explosives; Pole Traps.
26.306 Throwing Refuse in Waters; Abandoning Automobiles, Boats or Other Vehicles.
26.307 Scientific Investigation.
26.308 Seasons.
26.309 Possession of Wild Plants or Wild Animals During Closed Season.
26.310 Bag Limits; Possession Limits.
26.311 Waters Partially on a Reservation.
26.312 Sharing of Permits and Tags.
26.313 Harvesting with Another’s Permits Prohibited.
26.314 Shining Animals.
26.315 Duties on Accidental Shooting.
26.316 Failure of Report Hunting Accident.
26.317 Hunter Education Requirements and Restrictions on Hunting by Members Under 16 Years of Age.
26.318 Hunting While Intoxicated.
26.319 Resisting Conservation Wardens.
26.320 False Impersonation of Warden.
26.321 General Restrictions on Hunting.
26.322 Hunting with Aircraft Prohibited.
26.323 Pivot Guns and Similar Devices Prohibited.
26.324 Tampering with Equipment of Another Prohibited.
26.325 Endangered and Threatened Species Protected.
26.326 Records of Commercial Transactions Required.
26.327 Wild Animal Refuges Established.
26.328 Unprotected Species.
26.329 Protected Species.
26.330 Permissible Conduct.
26.331 Emergency Closures.
26.332 Disabled Hunters Permits.

26.400 ENFORCEMENT.

26.401 Hearings in Tribal Court.
26.402 Enforcement by Deputized Conservation Wardens.
26.403 Enforcement by Wisconsin Department of Natural Resources Wardens.
26.404 Search and Seizure; When Authorized.
26.405 Investigation and Citations.
26.406 Members of Other Tribes, Tribal Court Adjudications.
26.407 Registration Information.
26.408 Penalties.
26.409 Enhancement of Forfeiture and Penalties.
26.410 Civil Damages.
26.411 Seized Wild Animals and Wild Plants.
26.412 Specific Minimum Forfeitures for Certain Violations.
26.413 Parties to a Violation.
26.414 Harvesting After Revocation or Suspension.

26.500 WILD RICE HARVESTING REGULATIONS.

26.501 Tribal Wild Rice Authority.
26.502 Permit Required.
26.503 Sale ofWild Rice Authorized.
26.504 Allowable Method.
26.505 Boats.
26.506 Open Season.
26.507 Tribal Designation of Open Waters.
26.508 Hours.
26.509 Harvest Monitoring.
26.510 Harvest by Authorized Officials.
26.511 Harvest in Certain Locations Prohibited.
26.512 Assistance by Non-Members.

26.600 DEER HARVESTING REGULATIONS.

26.601 Definitions.
26.602 Open and Closed Season.
26.603 Number of Antlerless Deer Available for Harvest.
26.604 Number of Antlered Deer Available for Harvest.
26.605 Deer Hunting Permits/Tags.
26.606 Deer Registration.
26.607 Deer Seasons; Specific Regulations.
26.608 Permissible Methods.
26.609 Firearms Restrictions.
26.610 Bow/Crossbow Restrictions.
26.611 Group Deer Hunting.
26.612 Hunting Hours.
26.613 Transportation.
26.614 Hunting on Certain Public Lands Prohibited.
26.615 Hunting on Certain Private Lands Prohibited.
26.616 Sale of Deer and Deer Parts.
26.617 Sale of Deer Meat to Members.
26.618 Level 1 Commercial Harvest Established and Regulated.
26.619 Level 2 Commercial Harvest Established and Regulated.
26.620 Shining and Hunting Beyond Regular Hunting Hours.
26.621 Authorization for Closure.
26.622 Removal and Retention of Tags.
26.623 Assistance by Non-Members.

26.700 BEAR HARVESTING REGULATIONS.

26.701 Definitions.
26.702 Open and Closed Season.
26.703 Hunting During Closed Season Prohibited.
26.704 Bear Management Zones.
26.705 Number of Bear Available for Harvest.
26.706 Bear Season; Specific Regulations.
26.707 Bear Hunting Permits/Tags.
26.708 Bear Registration.
26.709 Skinning/Preservation Intact.
26.710 Permissible Methods.
26.711 Firearms Restrictions.
26.712 Bow/Crossbow Restrictions.
26.713 Group Bear Hunting.
26.714 Hunting with Non-Members.
26.715 Hunting Hours.
26.716 Transportation.
26.717 Hunting on Certain Public Lands Prohibited.
26.718 Hunting on Certain Private Lands Prohibited.
26.719 Hunting Bear with Dogs.
26.720 Dens.
26.721 Landfills.
26.722 Cubs.
26.723 Removal and Retention of Tags.
26.724 Sale of Bear and Bear Parts.
26.725 Commercial Harvest Regulated.
26.726 Shining.
26.727 Authorization for Closure.

26.800 SMALL GAME HARVESTING REGULATIONS.

26.801 Purpose.
26.802 Definitions.
26.803 Open and Closed Seasons.
26.804 Hunting/Trapping During Closed Season Prohibited.
26.805 Fisher Management Zones.
26.806 Small Game Quotas.
26.807 Small Game Harvest Permits/Tags.
26.808 Otter, Bobcat and Fisher Registration.
26.809 Small Game Seasons; Specific Regulations.
26.810 Hunting Hours.
26.811 Hunting and Trapping on Certain Public Lands Prohibited.
26.812 Hunting on Certain Private Lands Prohibited.
26.813 Trapping on Certain Private Lands Prohibited.
26.814 Specific Small Game Hunting and Trapping Closed Areas and Refuges.
26.815 Small Game Hunting Prohibited Methods.
26.816 Shining Raccoon, Fox or Unprotected Species.
26.817 Identification of Traps Required.
26.818 Specific Trapping Regulations.
26.819 Specific Snaring Regulations.
26.820 Possession and Sale of Live Small Game Animals.
26.821 Incidental Take.
26.822 Shipment of Furs.
26.823 Sale of Small Game Authorized.
26.824 Authorization for Closure.
26.825 Sharing of Equipment/Assisting Tribal Member.
26.826 Wild Turkey Hunting Regulations.
26.827 Small Game Hunting Caliber Restrictions.

26.900 FISH HARVESTING REGULATIONS.

26.901 Definitions.
26.902 Open and Closed Season.
26.903 Number of Fish Available for Harvest.
26.904 Fishing Permits/Tags.
26.905 Seasons, Methods, Bag Limits, and Size Limits.
26.906 Spearing Regulated.
26.907 Dip Nets, Fyke Nets and Seines Regulated.
26.908 Gillnets Regulated.
26.909 Setlines and Setor Bank Poles Regulated.
26.910 Designated Landings May be Required.
26.911 Reporting and Monitoring.
26.912 Hook and Line Open Water Fishing Regulated.
26.913 Ice Fishing Regulated.
26.914 Possession Limit.
26.915 Sturgeon Tagging Required.
26.916 Incidental Take by Gillnet.
26.917 Live Bait Restrictions.
26.918 Fishing in Certain Locations Prohibited or Restricted.
26.919 Bait Dealers Regulated.
26.920 Sale of Game Fish.
26.921 Sale of Game Fish Regulated.
26.922 Harvest of Spawn and Introduction of Fish Regulated.
26.923 Authorization for Closure.
26.924 Compliance with Permits Issued by Other Tribes.
26.925 Lake Superior Tributary Regulations.
26.926 Special Sturgeon Regulations.
26.927 Alteration of Fish Size Prohibited.

26.1000 MIGRATORY BIRD HARVESTING REGULATIONS.

26.1001 Definitions.
26.1002 Closed Season.
26.1003 Seasons and Annual Harvest Regulations.
26.1004 Daily Bag Limits and Possession Limits.
26.1005 Methods.
26.1006 Shooting Hours.
26.1007 Wanton Waste of Migratory Birds.
26.1008 Decoys.
26.1009 Structures.
26.1010 Duck Blinds.
26.1011 Possession Regulated.
26.1012 Transportation Regulated.
26.1013 Exportation Regulated.
26.1014 Permit Required.
26.1015 Closed Areas.
26.1016 Authorization for Emergency Closure.
26.1017 Enforcement by U.S. Fish and Wildlife Service Personnel.
26.1018 Assistance by Non-Members.
26.1019 Sale of Migratory Bird Parts Regulated.

26.1100 TIMBER HARVESTING REGULATIONS {Reserved}.

26.1200 MISCELLANEOUS WILD PLANT HARVESTING REGULATIONS.

26.1201 Purpose.
26.1202 Definitions.
26.1203 Wild Plant Harvesting Permits.
26.1204 Restrictions on Wild Plant Gathering – Public Safety.
26.1205 Sale of Wild Plants Authorized.
26.1206 Assistance by Non-Tribal Member.

26.1300 MISCELLANEOUS WILD ANIMAL HARVESTING REGULATIONS.

26.1301 Purpose.
26.1302 Clams, Clamming and Commercial Clamming.
26.1303 Cray Fish Regulations.
26.1304 Frog Regulations.
26.1305 Turtle Regulations.
26.1306 Nests and Eggs.
26.1307 Falconry.
26.1308 Dog Training.

26.1400 BOATING SAFETY REGULATIONS.

26.1401 Definitions.
26.1402 Classification of Motorboats.
26.1403 Lighting Equipment.
26.1404 Exception for Motorboat Operated for Spearing Purposes.
26.1405 Otter Equipment.
26.1406 Motorboat Prohibition.
26.1407 Traffic Rules.
26.1408 Speed Restriction.
26.1409 Prohibited Operation.
26.1410 Intoxicated Boating.

Chapter 26 Part II Off-Reservation National Forest Gathering Code

26.1500 INTRODUCTION.

2.1501 Title.
26.1502 Authority.
26.1503 Purpose.
26.1504 Effective Date.
26.1505 Interpretation.
26.1506 Severability and Non-Liability.
26.1507 Relationship to Tribal Off-Reservation Conservation Code and other Tribal Ordinances.
26.1508 Religious or Ceremonial Use of Natural Resources.

26.1600 DEFINITIONS.

26.1601 Definitions.

26.1700 GENERAL REGULATIONS.

26.1701 Regulatory Authority.
26.1702 Permits and Identification--General.
26.1703 Commercial Wild Plant Gathering Permits.
26.1704 Harvesting Monitoring.
26.1705 Emergency Closures.
26.1706 Harvest and Other Location Restrictions.
26.1707 Harvest of Trees Subject to a Timber Sale Contract or Located Within a Forest Service Timber Sale Contract Area.
26.1708 Harvest of Certain “Marked” Trees.
26.1709 Permissible Conduct/Assistance by Non-Members.

26.1800 ENFORCEMENT.

26.1801 Enforcement by Deputized Conservation Wardens and Issuance of Citations.
26.1802 Search and Seizure; When Authorized.
26.1803 Seized Items.
26.1804 Penalties.
26.1805 Civil Damages.
26.1806 Enhancements of Forfeiture and Penalties.
26.1807 Collection of Money Penalties.
26.1808 Parties to a Violation.
26.1809 Harvesting After Revocation or Suspension.
26.1810 Schedule of Money Penalties; No Contest.
26.1811 Hearing in Tribal Court.
26.1812 Members of Other Tribes, Tribal Court Adjudications.

26.1900 SPECIFIC HARVEST REGULATIONS.

26.1901 Conifer Boughs.
26.1902 Princess Pine.
26.1903 Firewood.
26.1904 Ginseng.
26.1905 Maple Sap/Sugarbushes.
26.1906 Harvest of Live Trees and Salvage Timber.

Chapter 26 Part III Model Off-Reservation Concervation Code for the 1837 Minnesota Ceded Territory

Chapter 26 Part IV 1842 Michigan Ceded Territory Off-Reservation Treaty Hunting and Trapping Ordinance

Chapter 26 Chart

Chapter 26 Index

Chapter 27 Boating Safety Ordinance

27.100 GENERAL PROVISIONS.

27.101 Purpose.
27.102 Authority.
27.103 Effective Date.
27.104 Abrogation and Greater Restrictions.
27.105 Interpretation.
27.106 Severability and Non-Liability.
27.107 Applicability.
27.108 Definitions.

27.200 ADOPTION OF STATE BOATING AND SAFETY LAWS.

27.201 Adoption of State Laws.

27.300 WATER SKIING & JET SKIS.

27.301 Water Skiing Hours.
27.302 Jet Skiing Hours.

27.400 CONTROLLED AREAS.

27.401 No-Wake Areas.
27.402 No Motor Areas.
27.403 No Transporting Dangerous Materials.

Chapter 28 Water Quality Standards Code and Wellhead Protection Ordinance [Revised]

28.100 WATER QUALITY WELLHEAD PROTECTION.

28.100 Purpose and Need.
28.101 Background.
28.102 Territory Covered.
28.103 Applicability, Administration, and Amendment of Water Quality Standards.
28.104 Definitions.
28.105 Designated Uses.
28.106 Criteria.
28.107 Antidegradation.
28.108 Specific Water Body Classifications.
28.109 Mixing Zones.
28.110 401 Certification.
28.111 Enforcement and Civil Penalties.
28.112 Compliance Schedules and Variances.

28.200 WELLHEAD PROTECTION ORDINANCE.

28.200 Title, Findings, and Purpose.
28.201 Scope.
28.202 Definitions.
28.203 Establishment and Delineation of Wellhead Protection Areas.
28.204 Wellhead Protection Boundary Disputes.
28.205 Use Regulations.
28.206 Procedures for Issuance of Special Permits.
28.207 Enforcement.
28.208 Authority to Enter and Inspect Premises and Records.
28.209 Severability.
28.210 Sovereign Immunity Preserved.

Chapter 28 Water Quality Standards Code and Wellhead Protection Ordinance

28.100 WATER QUALITY WELLHEAD PROTECTION.

28.100 Purpose and Need.
28.101 Background.
28.102 Territory Covered.
28.103 Applicability, Administration, and Amendment of Water Quality Standards.
28.104 Definitions.
28.105 Designated Uses.
28.106 Criteria.
28.107 Antidegradation.
28.108 Specific Water Body Classifications.
28.109 Mixing Zones.
28.110 401 Certification.
28.111 Enforcement and Civil Penalties.
28.112 Compliance Schedules and Variances.

28.200 WELLHEAD PROTECTION ORDINANCE.

28.200 Title, Findings, and Purpose.
28.201 Scope.
28.202 Definitions.
28.203 Establishment and Delineation of Wellhead Protection Areas.
28.204 Wellhead Protection Boundary Disputes.
28.205 Use Regulations.
28.206 Procedures for Issuance of Special Permits.
28.207 Enforcement.
28.208 Authority to Enter and Inspect Premises and Records.
28.209 Severability.
28.210 Sovereign Immunity Preserved.

Chapter 29 All Terrain Vehicle Regulation Ordinance

29.101 Purpose.
29.102 Authority.
29.103 Applicability.
29.104 Definitions.
29.105 Registration.
29.106 Equipment Requirements.
29.107 Rules of Operation.
29.108 Age Restrictions; Safety Certification Program.
29.109 Routes and Trails.
29.110 Operation On Highways.
29.111 Operation Adjacent to Roadway.
29.112 Accidents.
29.113 Intoxicated Operation of an All-Terrain Vehicle.
29.114 Applicability of the Intoxicated Operation of an All-Terrain Vehicle.
29.115 Implied Consent.
29.116 Refusal.
29.117 Rental of All-Terrain Vehicles.
29.118 Enforcement.
29.119 Authority of Law Enforcement Personnel.
29.120 Jurisdiction.
29.121 Civil Remedial Money Penalties.
29.122 Damages.
29.123 Owner’s Civil Liability.
29.124 Interpretation.
29.125 Abrogation and Heightened Restrictions.
29.126 Severability of Provisions.
29.127 Non-liability.
29.128 Effective Date.

Chapter 30 Domestic Relations Ordinance

30.101Recognition of Previous Marriages.
30.102 Recognition of Department Regulations for Heirship Purposes.
30.103 Marriage and Divorce.
30.104 Tribal Court Jurisdiction.

Chapter 31 Child Welfare Code

31.100 GENERAL PROVISIONS.

31.101 Purpose.
31.102 Definitions.
31.103 Jurisdiction.
31.104 Indian Child Welfare Act (ICWA) Policy.
31.105 Procedures.
31.106 Representation of Parties.

31.200 CHILD WELFARE OFFICE.

31.201 Establishment.
31.202 Duties.
31.203 Other Tribal Resources.
31.204 Case Plans.

31.300 CHILD WELFARE PROCEEDINGS.

31.301 Child in Need of Assistance.
31.302 Intake Inquiry.
31.303 Taking a Child Into Custody.
31.304 Petition.
31.305 Transfer from State Court.
31.306 Initial Hearing; Basic Rights.
31.307 Fact-Finding Hearing.
31.308 Disposition.
31.309 Periodic Review.
31.310 Change of Placement.
31.311 Closed Hearing.
31.312 Costs of Support.

31.400 CHILD CUSTODY PROCEEDINGS.

31.401 Change of Custody by Consent.
31.402 Petition in Contested Proceedings.
31.403 Investigation.
31.404 Hearing.
31.405 Disposition.
31.406 General Standards for Determining Custody.
31.407 Standard When Contest is Between Parent and Nonparent.
31.408 Special Conditions for Nontribal Custodian.
31.409 Modification.
31.410 Costs of Support.

31.500 TERMINATION OF PARENTAL RIGHTS.

31.501 Voluntary Termination of Parental Rights.
31.502 Grounds for Involuntary Termination.
31.503 Petition for Involuntary Termination.
31.504 Hearing.
31.505 Investigation.
31.506 Disposition.
31.507 Effect of Termination.
31.508 Sustaining Care.

31.600 PATERNITY.

31.601 Custody of Child.
31.602 Acknowledgment of Paternity.
31.603 Petition to Determine Paternity.
31.604 Initial Hearing.
31.605 Blood Tests.
31.606 Hearing.
31.607 Judgment.
31.608 Legitimization.

31.700 ADOPTIONS.

31.701 Who May Petition.
31.702 Petition.
31.703 Home Study and Report.
31.704 Documentation to be Filed.
31.705 Hearing.
31.706 Disposition.
31.707 Special Conditions for Nonmember Petitioner.
31.708 Effect of Adoption.

31.800 FOSTER HOME LICENSING.

31.801 Application for License.
31.802 Foster Home Requirements.
31.803 Standard for Care of Children.
31.804 Investigation.
31.805 Licensing.
31.806 Inspection and Supervision.
31.807 Revocation of License.
31.808 Emergency Removal.

31.900 MISCELLANEOUS PROVISIONS.

31.901 Judgments of Other Courts.
31.902 Child Abuse and Neglect Reporting.
31.903 Records.
31.904 State Records.
31.905 Cooperation With State and County.
31.906 Fees.
31.907 Sovereign Immunity Preserved.
31.908 Repealer.

Chapter 32 Name Change Ordinance

32.101 Title.
32.102 Authority.
32.103 Definitions.
32.104 Jurisdiction.
32.105 Petition.
32.106 Notice.
32.107 Hearing.
32.108 Order.

Chapter 33 Domestic Abuse Restraining Orders and Injunctions

33.100 DOMESTIC ABUSE.

33.101 Title.
33.102 Authority.
33.103 Definitions.
33.104 Jurisdictions.
33.105 Commencement of Action and Response.
33.106 Petition.
33.107 Two-Part Procedure.
33.108 Temporary Restraining Order.
33.109 Hearing.
33.110 Injunction.
33.111 Enforcement.
33.112 Docketing With State.
33.113 Arrest.
33.114 Penalties.
33.115 Relation to Other Laws.
33.116 Severability and non-Liability.
33.117 Effective Date.

33.200 HARASSMENT RESTRAINING ORDERS AND INJUNCTIONS.

33.201 Title.
33.202 Authority.
33.203 Definitions.
33.204 Jurisdiction.
33.205 Commencement of Action and Response.
33.206 Petition.
33.207 Temporary Restraining Order.
33.208 Injunction.
33.209 Penalties.
33.201 Title.
33.202 Authority.
33.203 Definitions.
33.204 Jurisdiction.
33.205 Commencement of Action and Response.
33.206 Petition.
33.207 Temporary Restraining Order.
33.208 Injunction.
33.209 Penalties.

Chapter 34 Guardianship Ordinance

34.101 Title.
34.102 Authority.
34.103 Jurisdiction.
34.104 Definitions.
34.105 Persons and Estates Subject to Guardianship.
34.106 Exceptions.
34.107 Petition.
34.108 Notice of Hearing.
34.109 Nomination and Selection of Guardian.
34.110 Decision and Order.
34.111 Sufficiency of Bond.
34.112 Bond.
34.113 Letters.
34.114 Temporary Guardians.
34.115 Removal of Guardian.
34.116 Appointment of Successor Guardian.
34.117 Inventory.
34.118 Management of Ward's Estate.
34.119 Inventory.
34.120 Fraud, Waste, or Mismanagement.
34.121 Use of Estate for Ward's Benefit.
34.122 Lis Pendens; Void Contract.
34.123 Claims.
34.124 Actions.
34.125 Compensation From Estate.
34.126 Accounting.
34.127 Removal of Guardian.
34.128 Failure to File Account.
34.129 Termination of Guardianship.
34.130 Settlement of Accounts.
34.131 Voluntary Conservatorship.
34.132 Incompetency.
34.133 Duration of Guardianship.
34.134 Limited Guardianship of Property.
34.135 Guardian of the Person of Incompetent.
34.136 Veterans Guardianships.
34.137 Severability.
34.138 Effective Date.

Chapter 35 Truancy Ordinance

35.100 GENERAL PROVISIONS.

35.101 Purpose.
35.102 Authority.
35.103 Effective Date.
35.104 Abrogation and Greater Restrictions.
35.105 Interpretation.
35.106 Severability.
35.107 Applicability.
35.108 Definitions.

35.200 COMPULSORY SCHOOL ATTENDANCE.

35.201 School Enrollment Required.
35.202 Requirement to Attend School.
35.203 Truancy Prohibited.

35.300 ENFORCEMENT AND PENALTIES.

35.301 Enforcement Officers.
35.302 Cooperation with School.
35.303 Penalties.
35.304 Precondition to Subsequent Citation or Child Welfare Petition.
35.305 Enforcement Procedure.

Chapter 36 Child Support

36.101 Purpose.
36.102 Definitions.
36.103 Jurisdiction.
36.104 Authority.
36.201 Adoption of Wisconsin State Law by Reference.

Chapter 40 Liquor Control Ordinance

40.100 INTRODUCTION.

40.101 Title.
40.102 Authority.
40.103 Purpose.
40.104 Effective Date.
40.105 Abrogation and Greater Restrictions.
40.106 Interpretation.
40.107 Severability and Non-Liability.
40.108 Repealer.
40.109 Relation to Other Laws.
40.110 Sovereign Immunity.

40.200 DEFINITIONS.

40.201 General Definitions.

40.300 LICENSE CLASSES AND FEES.

40.301 Retail License Classes.
40.302 Wholesale License Classes.
40.303 License Fees.
40.304 License Transfers.

40.400 LICENSING PROCEDURES.

40.401 Issuance.
40.402 Inspection.
40.403 Suspension and Cancellation.
40.404 Expiration of Licenses.
40.405 Renewal.

40.500 ILLEGAL ACTIVITIES.

40.501 General Prohibition.
40.502 Age.
40.503 Hours.
40.504 Sales to Intoxicated Persons.

40.600 PENALTIES AND ENFORCEMENT.

40.601 Seizure of Property.
40.602 Penalty.
40.603 Procedure.
40.604 Enforcement.
40.605 State or Federal Enforcement.

Chapter 41 Franchise for the Operation of a Community Antenna Television System (Cable TV)

41.101 Parties.
41.102 Scope and Description of Franchise.
41.103 Quality of Service.
41.104 Quality of Installations and Facilities.
41.105 Emergency Use of Facilities.
41.106 FCC Regulations.
41.107 Limitations of Franchise Authorization.
41.108 Right to Excavate.
41.109 Regulation of Franchised Service.
41.110 Records of Installation.
41.111 Removal of Facilities.
41.112 Consideration.
41.113 Duration of Franchise.
41.114 Forfeiture of Franchise for Noncompliance.
41.115 Performance Bond.
41.116 Assignment of Franchise.
41.117 Tribal Capacity.

Chapter 42 Cigarette Sales and Distribution Ordinance

42.101 Purpose.
42.102 Definitions.
42.103 Applicability.
42.104 Tribal Distribution.
42.105 Authorized Sales Agent.
42.106 Rebate to Tribal Members.
42.107 Penalties.
42.108 Repeal.
42.109 Effective Date; Grandfather Clause.

Chapter 43 Gaming Control Ordinance

43.100 GENERAL PROVISIONS.

43.101 Title.
43.102 Authority.
43.103 Purpose.
43.104 Effective Date.
43.105 Abrogation and Greater Restrictions.
43.106 Interpretation.
43.107 Severability and Non-Liability.
43.108 Repealer.
43.109 Definitions.

43.200 ENFORCEMENT AND PENALTIES.

43.201 Law Enforcement.
43.202 Prohibited Activities.
43.203 Penalties.
43.204 Parties to a Violation.
43.205 Enforcement Procedures.

43.300 CLASS III GAMING.

43.301 Statement of Policy.
43.302 Gaming Commission.
43.303 Savings Clauses.
43.304 Effective Date.

43.400 CLASS II AND III GAMING ORDINANCE.

43.401 Purpose.
43.402 Gaming Authorized.
43.403 Ownership of Gaming.
43.404 Use of Gaming Revenue.
43.405 Gaming Operation Records.
43.406 Audit.
43.407 Protection of the Environment and Public Health and Safety.
43.408 Licenses for Key Employees and Primary Management Officials.
43.409 Application Forms.
43.410 Background Investigation.
43.411 Eligibility Determination.
43.412 Procedures for Forwarding Applications to the NIGC.
43.413 Report to the NIGC.
43.414 Granting a Gaming License.
43.415 Vendor Licenses.
43.416 License Suspension, Conditioning, Revocation.
43.417 Patron Dispute Resolution.

43.500  [RESERVED].

43.600  [RESERVED].

43.700 [RESERVED].

43.800 [RESERVED].

43.900 [RESERVED].

43.1000 PER CAPITA DISTRIBUTION ORDINANCE.

43.1001 Statement of Policy.
43.1002 Definitions.
43.1003 Appropriations and Application of Tribal Gaming Revenues.
43.1004 Membership and Eligibility.
43.1005 Payments.
43.1006 Taxation.
43.1007 Amendments.

Chapter 44 Business Corporation

44.101 Definitions.
44.102 Eligibility for Incorporation.
44.103 Procedures.
44.104 Corporate Powers.
44.105 Effect of Unauthorized Corporate Acts.
44.106 Revocation of Charter.
44.107 Requirements of the Articles of Incorporation.
44.108 Rules of Decision.
44.109 Stock Subscriptions.
44.110 Annual Report.
44.111 Corporate Records.

Chapter 45 Tribal Employment Rights Ordinance

45.100 GENERAL PROVISIONS.

45.101 Title.
45.102 Purpose.
45.103 Authority.
45.104 Effective Date.
45.105 Abrogation and Greater Restrictions.
45.106 Interpretation.
45.107 Severability.
45.108 Nonliability.
45.109. Applicability.
45.110 Definitions.

45.200 TRIBAL EMPLOYMENT RIGHTS COMMISSION.

45.201 Establishment of Commission.
45.202 Duties of Commission.
45.203 Tribal Employment Rights Office (TERO).
45.204 Commission Funds.
45.205 Regulations.
45.206 Reporting and On-site Inspections.
45.207 Publication of Ordinance.

45.300 INDIAN PREFERENCE.

45.301 Indian Preference Required.
45.302 Compliance.
45.303 Union Agreements.
45.304 Religious Freedom.

45.400 TERO TAX [RESERVED].

45.500 HEARING AND APPEALS.

45.501 Commission Complaint.
45.502 Complaint by Individual.
45.503 Notice.
45.504 Hearing Procedure.
45.505 Commission Order.
45.506 Appeal to Tribal Court.
45.507 Scope of Review.
45.508 Additional Evidence.
45.509 Relief Pending Appeal.
45.510 Further Appeal.
45.511 Enforcement Order.

45.600 ENFORCEMENT AND PENALTIES.

45.601 Enforcement by Officers.
45.602 Penalties.
45.603 Parties to a Violation.
45.604 Enforcement Procedure.

Chapter 46 Consumer Protection Ordinance

46.101 Incorporation of Wisconsin Consumer Act.
46.102 Incorporation of Trade Regulations.
46.103 Tribal Court Jurisdiction.

Chapter 47 Labor Ordinance

47.101 Scope and Authority.
47.102 Incorporation of Labor Act.
47.103 Tribal Court Jurisdiction.

Chapter 50 Animal Control Ordinance

50.100 GENERAL PROVISIONS.

50.101 Purpose.
50.102 Authority.
50.103 Effective Date.
50.104 Repealer.
50.105 Interpretation.
50.106 Severability and Non-Liability.
50.107 Applicability.
50.108 Definitions.

50.200 ANIMAL CONTROL OFFICER.

50.201 Appointment.
50.202 Duties.
50.203 Enforcement by Other Officers.

50.300 CONTROL OF ANIMALS.

50.301 Running at Large.
50.302 License and Tag Required.
50.303 Rabies Vaccination and Tag Required.
50.304 Quarantine of Animal.
50.305 Killing of Animals.
50.306 Owner's Liability for Damages.
50.307 Restriction on Certain Breeds of Dogs.
50.308 Vicious Animals.

50.400 IMPOUNDMENT.

50.401 Impoundment Authorized.
50.402 Pound Designated.
50.403 Notification of Owner.
50.404 Records.
50.405 Release to Owner.
50.406 Release to Non-Owner.
50.407 Sacrifice of Animal.

50.500 ANIMAL CARE.

50.501 Liability of Animal Care.

50.600 ENFORCEMENT AND PENALTIES.

50.601 Penalties.
50.602 Parties to a Violation.
50.603 Jurisdiction.

Chapter 51 Ordinance Regulating the Sale and Possession of Fireworks

51.101 Definitions.
51.102 Purpose.
51.103 Authority.
51.104 Effective Date.
51.105 Severability and Non-Liability.
51.106 Implied Consent.
51.107 Sale of Fireworks.
51.108 Fireworks Sale Permit.
51.109 Term of Permit.
51.110 Display of Permit.
51.111 Sale Restrictions.
51.112 Storage of Fireworks for Sale.
51.113 Use of Fireworks by Organizations.
51.114 Use or Possession of Fireworks by Minors.
51.115 Fireworks Display.
51.116 Display Permit and Application.
51.117 Fireworks Use in Downtown Area.
51.118 Misuse of Fireworks.
51.119 Parental Liability.
51.120 Penalties.
51.121 Other Penalties Authorized.
51.122 Court Costs.
51.123 Parties to a Violation.
51.124 Enforcement Officers.
51.125 Jurisdiction.
51.126 Enforcement Procedure.

Chapter 52 Electrical Code

52.101 Purpose and Policy.
52.102 Application.
52.103 Administration and Enforcement.
52.104 Installation.
52.105 Nondwelling Units.
52.106 Maintenance.
52.107 Items Not Covered.
52.108 Designation of Alternative Code.

Chapter 53 Fire Prevention Code

53.101 Purpose and Policy.
53.102 Application.
53.103 Administration and Enforcement.
53.104 Fire Protection Practices.
53.105 Items not Covered.
53.106 Designation of Alternative Code.

Chapter 54 Plumbing Code

54.101 Purpose.
54.102 Application.
54.103 Administration and Enforcement.
54.104 Water Supply.
54.105 Sewage Disposal - General.
54.106 Piping and Connections.
54.107 Designation of Alternative Code.

Chapter 55 Basic Housing Code

55.100 ADMINISTRATION AND ENFORCEMENT.

55.101 Title.
55.102 Purpose.
55.103 Matters Covered.
55.104 Travel Trailers and Mobile Homes.
55.105 Application of Building Code.
55.106 Application of Zoning Law.
55.107 Conflict with Other Ordinances.
55.108 Existing Buildings.
55.109 Existing Remedies.
55.110 Enforcement Officer.
55.111 Coordination of Enforcement.
55.112 Administrative Liability.
55.113 Inspections.
55.114 Condemnation.
55.115 Dangerous Structures.
55.116 Structures Unfit For Human Occupancy.
155.117 Notice.
55.118 Posting of Notice.
55.119 Form of Notice.
55.120 Service of Notice.
55.121 Removal of Placard or Notice.
55.122 Vacating of Declared Building.
55.123 Occupancy of Building.
55.124 Report of Notice to Vacate.
55.125 Violations.
55.126 Service of Notice.
55.127 Prosecution of Violation.
55.128 Penalty for Violations.
55.129 Severability.
55.130 Saving Clause.
55.131 Definitions.

55.200 ENVIRONMENTAL REQUIREMENTS.

55.201 Scope.
55.202 Exterior Property Areas.
55.203 Sanitation.
55.204 Grading and Drainage.
55.205 Noxious Weeds.
55.206 Insect and Rodent Harborage.
255.207 Accessory Structures.
55.208 Exterior Structure.
55.209 Stairs, Porches and Railings.
55.210 Windows, Doors and Hatchways.
55.211 Screening.
55.212 Interior Structure.
55.213 Free From Dampness.
55.214 Structural Members.
55.215 Interior Stairs and Railings.
55.216 Bathroom Floors.
55.217 Sanitation.
55.218 Insect and Rodent Harborage.
55.219 Extermination From Buildings.
55.220 Extermination From Single Dwelling Units.
55.221 Responsibility of Owner.

55.300 SPACE AND OCCUPANCY REQUIREMENTS.

55.301 Basic Facilities.
55.302 Sanitary Facilities.
55.303 Water and Sewer System.
55.304 Water Heating Facilities.
55.305 Heating Facilities.
55.306 Operation of Heating Facilities and Incinerators.
355.307 Rubbish Storage Facilities.
55.308 Garbage Storage or Disposal Facilities.
55.309 Installation and Maintenance.
55.310 Plumbing Fixtures.
55.311 Plumbing Systems.
55.312 Heating Equipment.
55.313 Electrical Outlets and Fixtures.
55.314 Correction of Defective System.
55.315 Occupancy Requirements.
55.316 Access Limitation to Commercial Uses.
55.317 Location of Bath and Second Sleeping Room.
55.318 Occupancy of Dwelling Units Below Grade.
55.319 Natural Light in Habitable Rooms.
55.320 Light in Non-Habitable Work Space.
55.321 Light in Public Halls and Stairways.
55.322 Electric Outlets Required.
55.323 Adequate Ventilation.
55.324 Ventilation and Light in Bathroom.
55.325 Minimum Requirements for Safety From Fire.

55.400 RESPONSIBILITIES OF PERSONS.

55.401 Scope.
55.402 Cleanliness.
455.403 Disposal of Rubbish.
55.404 Disposal of Garbage.
55.405 Use and Operation of Supplied Plumbing Fixtures.
55.406 Installation and Care of Plumbing Fixtures.
55.407 Rooming Houses.

55.500 ALTERNATIVE.

55.501 Designation of Alternative Code.

Chapter 56 Mechanical Code

Chapter 57 UBC/CABO Enforcement and Inspector Licensing Ordinance

57.01 Purpose.
57.02 Scope.
57.03 Definitions.
57.04 Application.
57.05 License Term.
57.06 General.
57.07 License Requirements.
57.08 Trainee License.
57.09 Inspector Responsibilities.
57.10 Conflict of Interest.
57.11 License Renewal.
57.12 Denial, Suspension and Revocation of Licenses.
57.13 UBC/CABO Building Official.
57.14 Enforcement of UBC/CABO

Chapter 60 Tribal Leasing Ordinance

60.101 Purpose.
60.102 Definitions.
60.103 Policies for Leasing Tribal Land to Members for Residential Purposes.
60.104 Policies for Member Business Leases.
60.105 Tribal Court Jurisdiction.

Chapter 62 Land Use Ordinance [Corrected 04-16-08]

62.100 GENERAL PROVISIONS.

62.101 Title.
62.105 Purpose and Policy.
62.110 Authority.
62.115 Effective Date.
62.120 Abrogation and Greater Restrictions.
62.125 Interpretation.
62.130 A Severability and non-Liability.
62.135 Sovereign Immunity.
62.140 Jurisdiction.
62.145 Compliance.
62.150 Repeal of Previous Zoning Provisions.
62.155 Building Under Construction.
62.160 Unsafe Structures.
62.165 Structures on Islands Prohibited.
62.170 Types of Uses.

62.200 LAND USE DISTRICT REGULATIONS.

62.201 Land Use Districts.
62.205 Official Tribal Land Use Map.
62.210 Special Purpose District (SP).
62.215 Forestry District (F).
62.220 Single Family Residential District (SF).
62.225 Multiple Family Residential District (MF).
62.230 Recreational (REC).
62.235 Business District (B).
62.240 Mixed Use District (MX).
62.245 Community Based Facilities District (CBF).
62.250 Agriculture District (AG).
62.255 Industrial District (I).
62.260 Minimum Lot Area and Dimensional Standards for Land Use Districts.

62.300 SPECIAL USES REQUIREMENTS.

62.301 Signs.

62.400 ADMINISTRATION AND ENFORCEMENT.

62.401 Land Use Permits.
62.405 Conditional Use Permits.
62.410 Variances.
62.415 Permits Obtained Through Misrepresentation.
62.420 Terms of Permits.
62.425 Temporary Permits.
62.430 Determination of Uses Not Listed.
Omitted on the rewritten ordinance.
62.435 Nonconforming Uses of Structures and Land.
62.440 Land Management Officer.
62.445 Land Use Board.
62.450 Review of Land Management Officer Decisions.
62.455 Notice of Appeal.
62.460 Finality of the Decision of the Land Use Board.
62.465 Court Review.
62.470 Penalties.
62.475 Disposition of Funds.

62.500 DEFINITIONS.

62.501 Introduction.
62.505 General Definitions.

Chapter 63 Community Improvement Areas Ordinance

63.101 Purpose and Policy.
63.102 Designation of Community Improvement Areas.
63.103 Permissible Uses.
63.104 Minimum Lots and Distances.
63.105 Minimum Standards.
63.106 Electrical Service.
63.107 Plumbing Design and Installation Standards.
63.108 Yard Maintenance.
63.109 Design Standards.
63.110 General Structural Requirements.
63.111 Material and Equipment Requirements.
63.112 Construction Details.
63.113 Administration and Enforcement.
63.114 Designation of Alternative Code.

Chapter 64 Code Compliance Ordinance

64.101 Purpose and Policy.
64.102 Application.
64.103 Code Supervisor.
64.104 Assistant Code Supervisors.
64.105 Permits.
64.106 Rental Units.
64.107 Enforcement.

Chapter 65 [Reserved]

Chapter 66 Protection and Management of Archaeological, Historical, and Cultural Properties and Cultural Resources

66.100 GENERAL PROVISIONS.

66.101 Title.
66.102 Purpose.
66.103 Authority.
66.104 Effective Date.
66.105 Abrogation and Greater Restrictions.
66.106 Interpretations.
66.107 Non-Liability.
66.108 Sovereign Immunity.
66.109 Applicability.
66.110 Definitions.

66.200 TRIBAL HISTORIC PRESERVATION OFFICE.

66.201 Tribal Historic Preservation Office.
66.202 Repository for Cultural Materials Removed and Recovered from Tribal and Allotted Lands.

66.300 BURIAL SITES AND TREATMENT OF HUMAN REMAINS.

66.301 Non-Disturbance of Burial Sites, Human Remains, and Funerary Objects.
66.302 Permitted Removal and Disturbance to Burial Sites, Human Remains, and Funerary Object.
66.303 Scientific Analysis and Reburial.

66.400 PERMITS TO PROCEED WITH AN UNDERTAKING ON LAND WITHIN THE RESERVATION.

66.401 Requirements.
66.402 Procedures for Obtaining a Permit to Proceed.
66.403 Appeal of Denied Permits to Proceed.
66.404 Lands within the Reservation, Excluded from Pre-Field and Field Archaeology Investigations.
66.405 Payment for Field Archaeology Surveys of Tribal Lands Leased by Tribal Members.

66.500 PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS.

66.501 Tribal Permit to Conduct Archaeological Investigations.
66.502 ARPA Permits for Non-Tribal Members.
66.503 Permits to Conduct Field Archaeology on State Land Within the Exterior Boundaries of the Reservation.
66.504 Requirements of Qualified Archaeologist.

66.600 ENFORCEMENT AND PENALTIES.

66.601 Enforcement by Duly Authorized Law Enforcement Officer.
66.602 Criminal Penalties.
66.603 Civil Penalties.
66.604 Civil Damages.
66.605 Forfeiture of Contraband.
66.606 Seizure of Security.
66.607 Removal.

Chapter 67 Road Encroachments

67.101 Purpose.
67.102 Authority.
67.103 Effective Date.
67.104 Abrogation.
67.105 Interpretation.
67.106 Severability and Non-liability.
67.107 Applicability.
67.108 Implied Consent.
67.109 Definitions.
67.110 Enforcement.
67.111 Highway Encroachments.

Chapter 70 Law and Order Ordinance

70.100 GENERAL PROVISIONS.

70.101 Purpose.
70.102 Authority.
70.103 Effective Date.
70.104 Abrogation and Greater Restrictions.
70.105 Interpretation.
70.106 Severability and Nonliability.
70.107 Applicability.
70.108 Implied Consent.
70.109 Definitions.

70.200 ENFORCEMENT AND PENALTIES.

70.201 Enforcement.
70.202 Parties to a Violation.
70.203 Enforcement Procedure.
70.204 Court Procedure.
70.205 Juries.
70.206 Commencement of Criminal Proceedings.
70.207 Bail and Other Conditions of Release.
70.208 Penalties.

70.300 OFFENSES.

70.301 Crimes.
70.302 Other Crimes.

70.400 TRIBAL GANG AND VIOLENCE PREVENTION ORDINANCE.

70.401 Definition.
70.402 Participating in a Criminal Street Gang.
70.403 Gang Loitering.
70.404 Drive-by Shooting.

Chapter 71 Motor Vehicle Code

71.101 Scope and Purpose.
71.102 Definitions.
71.103 Motor Vehicle Registration.
71.104 Vehicle Title.
71.105 Operator's Licenses.
71.106 Rules of the Road.
71.107 Equipment of Vehicles.
71.108 Size, Weight and Load.
71.109 Snowmobiles.
71.110 Jurisdiction and Procedure.
71.111 Enforcement and Penalties.

Chapte 72 Ordinance for Gun Control

72.101 Scope and Authority.
72.102 Reckless Use of Weapons.
72.103 Intentional Misuse of Weapons.
72.104 Reckless Conduct Defined.
72.105 Restrictions on Minors.

Chapter 73 Regulating Open Containers, Disorderly Conduct and Contributing to the Delinquency of Children

73.100 GENERAL PROVISIONS.

73.101 Purpose.
73.102 Authority.
73.103 Effective Date.
73.104 Abrogation and Greater Restrictions.
73.105 Interpretation.
73.106 Severability and Non-liability.
73.107 Applicability.
73.108 Implied Consent.
73.109 Definitions.

73.200 REGULATING CONDUCT.

73.201 Open Container.
73.202 Disorderly Conduct.
73.203 Contributing to the Delinquency of Children.

73.300 ENFORCEMENT AND PENALTIES.

73.301 Enforcement.
73.302 Resisting or Fleeing an Officer.
73.303 Penalties.
73.304 Repeat Offender.
73.305 Parties to a Violation.
73.306 Enforcement Procedure.

Chapter 74 Ordinance Regulating the Activities of Minors

74.100 GENERAL PROVISIONS.

74.101 Purpose.
74.102 Authority.
74.103 Effective Date.
74.104 Abrogation and Greater Restrictions.
74.105 Interpretation.
74.106 Severability and Non-Liability.
74.107 Applicability.
74.108 Implied Consent.
74.109 Definitions.

74.200 CURFEW.

74.201 Tribal Children Under 15.
74.202 Other Children Under 15.
74.203 Tribal Children Over 15.
74.204 Other Children Over 15.
74.205 Exceptions to Curfew.

74.300 PROVISIONS RELATING TO ALCOHOL AND DRUGS.

74.301 Additional Definitions.
74.302 Under the Influence: Prohibition.
74.303 Use, Procurement, or Possession of Intoxicant; Prohibition.
74.304 Intoxicants: Restrictions Relating to Tribal Children.
74.305 Presence of Tribal Child in Licensed Premises.
74.306 Falsely Representing Age: Prohibition.
74.307 Use, Procurement, or Possession of Tobacco: Prohibition.
74.308 Tobacco: Restrictions Relating to Tribal Children.
74.309 Falsely Representing Age: Prohibition.

74.400 PARENTAL RESPONSIBILITY.

74.401 Parental Responsibility for Violations.
74.402 Responsibility for Care Costs.
74.403 Liability for Damages.

74.500 ENFORCEMENT AND PENALTIES.

74.501 Enforcement Officers.
74.502 Taking a Child Into Custody.
74.503 Resisting or Fleeing an Officer; Identification.
74.504 Penalties.
74.505 Parties to a Violation.
74.506 Enforcement Procedure.

Chapter 75 Sex Offender Registry Code

75.100 GENERALPROVISIONS.

75.101 Title.
75.102 Purpose.
75.103 Adoption & Amendment.
75.104 Applicability.
75.105 Prior Inconsistent Laws Repealed.
75.106 Effective Date.
75.107 Budgeting of Funds: Allocation of Revenues.

75.200 DEFINITIONS.

75.300 OFFENSES.

75.301 Sex Offenses.
75.302 Other Offenses.

75.400 REQUIREMENTS.

75.401 Registration.
75.402 Duties of Lac du Flambeau Police Department Regarding Sex Offender Registration.
75.403 Access to Sex Offender Registration.
75.404 Registered Sex Offender Requirements/Prohibitions.

75.500 ENFORCEMENT.

75.501 Enforcement.
75.502 Procedures.
75.503 Court Procedure.
75.504 Juries.
75.505 Penalties.

Chapter 76 Sex Offender Residency Restriction Code

76.100 GENERAL PROVISIONS.

76.101 Title.
76.102 Purpose.
76.103 Adoption & Amendment.
76.104 Applicability.
76.105 Prior Inconsistent Laws Repealed.
76.106 Effective Date.

76.200 DEFINITIONS.

76.300 OFFENSES.

76.301 Residency Restrictions.
76.302 Residency Restriction Exceptions.
76.303 Original Domicile Restriction.
76.304 Child Safety Zones.
76.305 Child Safety Zones Exceptions.

76.400 ENFORCEMENT.

76.401 Enforcement.
76.402 Procedures.
76.403 Court Procedure.
76.404 Penalties.

Chapter 80 Tribal Court Code

80.100 THE LAC DU FLAMBEAU TRIBAL COURT.

80.101 Creation of the Court.
80.102 Jurisdiction of the Lac du Flambeau Tribal Court.
80.103 Composition of the Lac du Flambeau Tribal Court.
80.104 Disqualification and Removal of Judge.
80.105 Clerk of Court.
80.106 Tribal Prosecutor.
80.107 Additional Rules of Court.

80.200 THE LAC DU FLAMBEAU COURT OF APPEALS.

80.201 Creation of the Lac du Flambeau Court of Appeals.
80.202 Jurisdiction of the Court of Appeals.
80.203 Procedure for Appeal.
80.204 Effect of Judgments Pending Review.

80.300 RULES FOR ALL ACTIONS BEFORE THE TRIBAL COURT.

Part One: General Provisions.
80.301 Witnesses.
80.302 Records of Court.
80.303 Practice Beforethe Court.
80.304 Fees and Costs; Waiver or Suspension for Indigents.
80.305 Conduct of Tribal Employees and Officers.
80.306 Law Applicable to Civil Actions.
80.307 Appearances and withdrawal of attorneys/advocates.
80.308 Costs.
80.309 Communications with the Court.

Part Two: Proceedings Before the Trial Court.
80.310 Statement of Claim.
80.311 Notice to Defendant; Answer.
80.312 Filing.
80.313 Continuances.
80.314 Settlement Form.
80.315 Conduct of Trial.
80.316 Telephonic appearances/testimony.
80.317 Judgments; Procedure.
80.318 Court Enforcement of Judgment.
80.319 Fees.
80.320 Dismissal for Want of Prosecution.
80.321 Application of Federal Rules in Particular Cases.

Part Three: Summary Proceedings to Recover Possession of Premises.
80.322 Jurisdiction of Tribal Court.
80.323 Demand For Possession or Payment.
80.324 Complaint.
80.325 Notice.
80.326 Defenses.
80.327 Conduct of Trial.
80.328 Counter-Claims; Claims for Money Judgment.
80.329 Judgment for Plaintiff.
80.330 Writ of Restitution.
80.331 Judgment for Defendant.
80.332 Fees.

80.400 CIVIL REMEDIAL FORFEITURE PROCEEDINGS.

80.401 Purpose.
80.402 Party Plaintiff.
80.403 Persons subject to this Chapter.
80.404 Additional Remedies.

Part One: Civil Remedial Money Penalties.
80.405 Tribal Ordinances Affected.
80.406 Institution of Proceedings; Citation.
80.407 Notice to Alleged Violator; Jurisdiction.
80.408 Citation Contents.
80.409 Stipulation of Default; Deposit.
80.410 Burden of Proof.
80.411 Default.
80.412 Judgment.
80.413 Enforcement of Judgment.
80.414 Monies Tendered to Tribal Court.

Part Two: Civil Remedial Forfeiture of Property.
80.415 Tribal Ordinances Affected.
80.416 Institution of Proceedings; Complaint.
80.417 Contents of Complaint.
80.418 Service of Complaint.
80.419 Seizure of Property Without Order.
80.420 Seizure of Property With Order.
80.421 Bond for Property Seized.
80.422 Hearing; Time.
80.423 Hearing Procedures.
80.424 Order To Seize.
80.425 Contents of Order To Seize. 80.426 Service of Order to Seize.
80.427 Existence of Security Interested in Seized Property.
80.428 Trial.
80.429 Sale of Forfeited Property. 80.430 Sale of Perishable Property.

Chapter 81 Small Claims Code

81.101 Title and Purpose.
81.102 Relation to Tribal Court Code.
81.103 Jurisdiction of Tribal Court.
81.104 Service of Notice.
81.105 Answer.
81.106 Counterclaims, Cross-Complaints, Impleader.
81.107 Fees.
81.108 Replevin.
81.109 Garnishment.
81.110 Sovereign Immunity.
81.111 Limitation of Actions.
81.112 Implied Consent.
81.113 Relation to Summary Proceedings.
81.114 Effective Date.

Chapter 82 Probate Code

82.100 GENERAL PROVISIONS.

82.101 Title.
82.102 Authority.
82.103 Purpose.
82.104 Effective Date.
82.105 Interpretation.
82.106 Severability.
82.107 Repealer.
82.108 Sovereign Immunity.
82.109 Application.
82.110 Status of Adopted Persons.
82.111 Simultaneous Death.
82.112 Definitions.

82.200 INTESTATE SUCCESSION.

82.201 Basic Rules for Intestate Succession.
82.202 Heir Must Survive Decedent for a Time.
82.203 Intentional Killing of Decedent by Heir.
82.204 Escheat.
82.205 Representation.
82.206 Computing Degrees of Kinship.
82.207 Nonmarital Child.
82.208 Advancements.
82.209 Right to Disclaim.

82.300 WILLS.

82.301 Capacity to Make or Revoke a Will.
82.302 Execution of Wills.
82.303 Execution of Wills under Other Law.
82.304 Witnesses.
82.305 Revocation.
82.306 When a Will is Contractual.
82.307 Equitable Election When Will Disposes of Beneficiary’s Property.
82.308 Unintentional Failure to Provide for Issue.
82.309 Anti-Lapse.
82.310 After Acquired Property.
82.311 Presumption that Will Passes All Property Interest.
82.312 Incorporation of Certain State Law Provisions.
82.313 Disclaimer.
82.314 Assistance with and Deposit of Wills.
82.315 Mixed Will.

82.400 PROBATING AN ESTATE.

82.401 Jurisdiction.
82.402 Duty to Present Will for Probate.
82.403 Proving and Admitting Will.
82.404 Initiating Probate.
82.405 Allowance During Administration.
82.406 Appointment, Qualifications and Removal of Administrator.
82.407 Powers and Duties of Administrator.
82.408 Appointment  and Duties of Appraiser.
82.409 Summary Probate of Exempt Estates.
82.410 Claims Against the Estate.
82.411 Payment of Claims.
82.412 Family’s Rights.
82.413 Additional Selections by Spouse.
82.414 Sale of Property.
82.415 Accounting.
82.416 Final Account.
82.417 Approval of Final Account.
82.418 Order Allowing Final Account and Distribution.
82.419 Closing Estate.
82.420 Reopening Estate.
82.421 Relation to BIA Probate.
82.422 Compromise of Claims.
82.423 Dead Man’s Statute.

Chapter 83 Code of Ethics

83.100 TRIBAL COURT JUDGES.

83.101 Who is Bound by This Code.
83.102 Honesty and Independence of Indian Judiciary.
83.103 Impropriety and the Appearance of Impropriety.
83.104 Diligence and Impartiality.
83.105 Improvement of the Legal System.
83.106 Extra-Judicial Activities.
83.107 Political Activities of Indian Court Judges.

83.200 COURT CLERKS.

83.201 Upholding the Integrity and Independence of the Judiciary.
83.202 Avoiding Impropriety and the Appearance of Impropriety.
83.203 Diligent and Impartial Performance of Duties.
83.204 Activities to Improve the Legal System.
83.205 Extra-Official Activities.
83.206 Quasi-Official Compensation.

83.300 PERSONS PRACTICING BEFORE TRIBAL COURT.

83.301 Preliminary Statement.
83.302 Applicability.
83.303 Definitions.
83.304 Misconduct.
83.305 Disclosure of Information to Authorities.
83.306 Maintaining Integrity and Competence of the Leqal Profession.
83.307 Recommendation of Professional Employment.
83.308 Suggestion of Need of Legal Services.
83.309 Fees for Legal Services.
83.310 Division of Fees Among Lawyers.
83.311 Agreements Restricting the Practice of a Lawyer.
83.312 Acceptance of Employment.
83.313 Withdrawal From Employment.
83.314 Aiding Unauthorized Practice of Law.
83.315 Dividing Legal Fees With a Nonlawyer.
83.316 Forming a Partnership With a Nonlawyer.
83.317 Preservation of Confidences and Secrets of a Client.
83.318 Refusing Employment When the Interests of the Lawyer May Impair His or Her Independent Professional Judgment.
83.319 Withdrawal as Counsel When the Lawyer Becomes a Witness.
83.320 Avoiding Acquisition of Interest in Litigation.
83.321 Limiting Business Relations With a Client.
83.322 Refusing to Accept or Continue Employment if the Interests of Another Client May Impair the Independent Professional Judgment of the Lawyer.
83.323 Settling Similar Claims of Clients.
83.324 Avoiding Influence by Others Than Client.
83.325 Failing to Act Competently.
83.326 Limiting Liability to Client.
83.327 Representing a Client Zealously.
83.328 Representing a Client Within the Bounds of the Law.
83.329 Communicating With One of Adverse Interest.
83.330 Threatening Criminal Prosecution.
83.331 Trial Conduct.
83.332 Trial Publicity.
83.333 Communication with or Investigation of Jurors.
83.334 Contact with Witnesses.
83.335 Contact with Officials.
83.336 Action as a Public Official.
83.337 Statements Concerning Adjudicatory Officers.
83.338 Avoiding Even the Appearance of Impropriety.
83.339 Preserving Identity of Funds and Property of a Client.

83.400 TRIBAL PROSECUTORS.

83.401 Relation to Other Chapters.
83.402 Prosecutor’s Responsibility.
83.403 Performing the Duty of Tribal Prosecutor.
83.404 Trial Publicity.
83.405 Restrictions on Tribal Prosecutors.
83.406 Moral Character.
83.407 Refraining from Criticism.
83.408 Public Behavior.
83.409 Political Activity.
83.410 Independent Decision Making.
83.411 Disqualification.
83.412 Prosecutor’s Activities.

83.500 ENFORCEMENT OF CODES OF ETHICS.

83.501 Enforcement Responsibility.
83.502 Investigation.
83.503 Review and Action by Committee.
83.504 Disciplinary Action – Procedure.
83.505 Disciplinary Action – Disposition.
83.506 Appeal.
83.507 Confidentiality.

Chapter84 Mortgages on Trust Lands

84.100 GENERAL PROVISIONS.

84.101 Purpose.
84.102 Definitions.
84.103 Exclusivity.
84.104 Jurisdiction.

84.200 RECORDING LEASEHOLD SECURITY INTERESTS.

84.201 Priority.
84.202 Recording.

84.300 FORECLOSURE OF LEASEHOLD INTERESTS.

84.301 Leasehold Mortgage Foreclosure Proceedings.
84.302 Service of Process and Procedures.
84.303 Cure of Default by Subordinate Lienholder.
84.304 Judgment and Remedies.
84.305 Restrictions on Assignability of Leasehold Estates.
84.306 Certified Mailing to Tribe and Lessor.
84.307 Intervention.

84.400 LEASEHOLD MORTGAGE EVICTION PROCEDURES.

84.401 Unlawful Detainer.
84.402 Procedures for Service of Notice.
84.403 Complaint and Summons.
84.404 Service of Summons and Complaint.
84.405 Writ of Restitution and Judgment.
84.406 Enforcement.
84.407 Continuances in Cases Involving the Mortgagee.

84.500 ENFORCEMENT OF WAIVERS OF SOVEREIGN IMMUNITY.

84.501 Waiver Enforcement.

Chapter 90 Housing Authority Ordinance

90.100 GENERAL PROVISIONS.

90.101 Establishment of Housing Authority.
90.102 Declaration of Need.
90.103 Purposes.
90.104 Definitions.
90.105 Board of Commissioners.
90.106 Powers.
90.107 Obligations.
90.108 Annual Report.
90.109 Conflicts of Interest.
90.110 Miscellaneous.
90.111 Tribal Cooperation in Connection With Projects.

90.200 LEASEHOLD MORTGAGES.

90.201 Purpose.
90.202 Definitions.
90.203 Priority.
90.204 Recording.
90.205 Leasehold Mortgage Foreclosure Proceedings.
90.206 Service of process and procedures.
90.207 Cure of Default by Subordinate Lienholder.
90.208 Power of theTribal Court.

90.300 EVICTIONS PROCEDURES.

90.301 Jurisdiction.
90.302 Definitions.
90.303 Unlawful Detainer.
90.304 Procedures for Service of Notice.
90.305 Complaint and Summons.
90.306 Service of Summons and Complaint.
90.307 Power of the Tribal Court.
90.308 Continuances in cases involving the Secretary.
90.309 Enforcement.
90.310 Alternative Remedies.

Chapter91 Ordinance to Establish Water and Sewer Authority

91.100 GENERAL PROVISIONS.

91.101 Establishment of Water and Sewer Authority.
91.102 Purposes.
91.103 Definitions.
91.104 Organizations and Bylaws.
91.105 Powers.

91.200 TRIBAL MEMBER WATER AND SERVICE CHARGE ORDINANCE.

91.201 Definitions.
91.202 Authority Charges and Fees.
91.203 Water Construction and Connections.
91.204 Billing Practice.
91.205 Right of Entry, Safety & Identification.
91.206 Violations & Penalties.
91.207 Appeals.
91.208 Validity.
91.209 Audit Notification & Records.
91.210 Effective Date.

91.300 SEWER USE & SEWER SERVICE CHARGE ORDINANCE.

91.301 Definitions.
91.302 Use of the Public Sewers.
91.303 Control of Industrial Wastes Directed to Public Sewers.
91.304 Basis For Sewer Service Charges.
91.305 Amount of Sewer Service Charges.
91.306 Billing Practice.
91.307 Right of Entry, Safety & Identification.
91.308 Sewer Construction & Connections.
91.309 Violations & Penalties.
91.310 Appeals.
91.311 Validity.
91.312 Audit, Notification & Records.
91.313 Effective Date.

Chapter 92 Home ownership for Indians

92.101 Purpose.
92.102 Authority.
92.103 Effective Date.
92.104 Abrogation and Greater Restrictions.
92.105 Interpretation.
92.106 Definitions.
92.107 Evictions.
92.108 Access to Property.
92.109 Lease Form.
92.110 Foreclosures.

Amendments Listed

1936 Constitution

1837 Treaty

1842 Treaty

1854 Treaty

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