CMP.1.3.020 Enforcement and Penalties

(a) Law Enforcement.

(1) Any person employed, appointed or deputized as a law enforcement officer of the Tribe may enforce the provisions of this ordinance. The Tribal Governing Board has the discretion to allow other local, state or federal law enforcement officers the authority to enforce the provisions of this ordinance and to institute proceedings in the tribal court or to refer the matter to county, state, or federal authorities for criminal prosecution.

(2) Any authorized law enforcement officer may execute and serve warrants and other process issued by the Tribal Court in the same manner as any law enforcement officer of the State of Wisconsin may serve and execute such State warrants and other process under State law.

(3) Any authorized law enforcement officer may conduct searches and make stops and arrests without warrant under the prevailing federal constitutional standards relating to probable cause, reasonable suspicion, and exigent circumstances.

(4) Any authorized law enforcement officer may issue a citation to any person upon reasonable belief that such person has breached a provision of this ordinance and may seize and hold any property needed as evidence or any property authorized to be seized pursuant to the civil remedial forfeiture provisions of this ordinance.

(b) Prohibited Activities. It shall be unlawful and a prohibited activity for any person to:

(1) Violate the terms of this ordinance in any way;

(2) Conduct, or possess equipment for the conduct of, gaming on the Reservation, unless licensed to do so pursuant to this ordinance;

(3) Act or scheme in any way to influence the conduct or result of any Class II or Class III gaming or the determination of the winner thereof; or

(4) Act or scheme in any way to deprive the Tribe of the income or proceeds or any portion thereof from any Class II or Class III gaming, or the operational expenses related thereto.

(c) Penalties. Any person who, himself or herself, or by his or her agent, servant or employee or who as agent, servant or employee of another, violates any provision of this ordinance, shall be liable as follows:

(1) For a civil remedial money penalty of up to ten thousand dollars ($10,000);

(2) For a civil remedial forfeiture of any property and equipment used in the commission of the violation;

(3) For discipline or discharge from Tribal employment, as determined under the applicable personnel policies and procedures;

(4) For suspension or revocation of any license or permit issued by the Gaming Commission;

(5) For the recovery by the Tribe of damages from the violators in an amount not to exceed three times the monetary gain realized by the violator as a result of the violation;

(6) For referral to State or Federal authorities for criminal prosecution;

(7) For such other civil remedies as the Tribe may have available to it to prevent continuing violations or to recover for losses caused by or associated with such violations; and/or

(8) For court costs which shall be assessed against any person found to have violated this ordinance.

(d) Enforcement Procedures. Jurisdiction over violations contained in this section are hereby conferred upon the Lac Courte Oreilles Tribal Court.