Tribal Government

Curfew Ordinance

Preamble:

This ordinance shall regulate the conduct of minors in public places during nighttime hours for the purposes of protecting minors from criminal activities, to prevent minors from committing crimes, to enhance parental control of their minor children, and to protect the peace and well-being of the community.

Section 101: Purposes and Findings

1. This ordinance repeals and replaces 8 MLBSA §§ 71 and 72 but incorporates 24 MLBSA § 1261. This ordinance also amends 8 MLBSA §§ 101 through 148.
   
   
2. The Mille Lacs Band of Ojibwe finds that there has been an increase in violence and crime by and against juveniles on Band lands in recent years.
   
   
3. The lack of maturity and experience makes juveniles more susceptible to becoming victims or perpetrators of crimes.
   
   
4. The Band finds that the increase in criminal activity by and against juveniles creates a need for an ordinance that will address the causes of the problem and aid in the prevention of crime.
   

Section 102: Definitions

1. Authorized adult. An authorized adult is any person who is at least 18 years of age and authorized by a parent or guardian to have custody and control of a juvenile.
   
   
2. Band lands. Band lands mean (a) lands owned by the Mille Lacs Band of Ojibwe Indians; (b) lands owned by the United States of America in trust for the Minnesota Chippewa Tribe, the Mille Lacs Band of Ojibwe Indians, or a member of the Mille Lacs Band of Ojibwe Indians that are subject to the jurisdiction of the Mille Lacs Band.
   
   
3. Emergency. Emergency means unforeseen circumstances that call for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
   
   
4. Juvenile. Juvenile means a person under the age of 18 years. It does not include a person under 18 years of age who is married or has been legally emancipated.
   
   
5. Knowingly. Knowingly means knowledge which a parent or guardian or authorized adult shall reasonably be expected to have concerning the whereabouts of the juvenile in such person’s care.
   
   
6. Parent. Parent means any person having legal custody of a juvenile (a) as a natural parent, adoptive parent or stepparent; (b) as a legal guardian; or (c) a person who has legal custody pursuant to a court order.
   
   
7. Public place. A public place means any business location or area open to the public and includes, but is not limited to, streets, highways, roads, parks, public recreation areas, entertainment or civic facilities, schools, and the common areas of hospitals, clinics, apartment houses, office buildings, garages, and shops.
   
   
8. Serious bodily harm. Serious bodily harm means bodily injury that creates a substantial risk of death or that causes death, serious or permanent disfigurement, or loss or protracted impairment of the function of any bodily member or organ.
   
   
9. Person operating. Person operating means any individual managing a place of business on Band lands that is open to the public.

Section 103: Prohibited Acts

(NOTE: THE COMMITTEE IS TO CONSULT WITH ELDERS REGARDING YOUNG CHILDREN AFTER DARK)

1. It is unlawful for a juvenile under the age of 18 years to be present in any public place on Band lands without a parent, guardian or authorized adult (a) between the hours of 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 5:00 a.m. of the following day, and (b) between the hours of 11:30 p.m. on any Friday or Saturday and 5:00 a.m. the following day.
   
   
2. Any authorized adult or parent of a juvenile who knowingly or through negligent supervision permits a juvenile to be present at any public place during the hours prohibited in paragraph 1 of this section shall be guilty of a misdemeanor.
   
   
3. Any person operating or in charge of any Band-owned business who knowingly permits any juvenile to be in such place during the hours prohibited in paragraph 1 of this section shall be guilty of a misdemeanor.

Section 104: Exceptions

The following shall constitute exceptions to the enforcement of the Curfew Ordinance.

1. When a juvenile is accompanied by a parent, guardian or authorized adult.
   
   
2. When a juvenile is involved in, or attempting to remedy, alleviate or respond to, an emergency.
   
   
3. When the juvenile is engaged in lawful employment or while traveling to and from work.
   
   
4. When the juvenile is attending an activity that is sponsored by a school, religious organization, traditional ceremony, or other social or recreational activity supervised by adults. This includes the reasonable amount of time the juvenile is traveling to and from the activity.
   
   
5. When the juvenile, with the authority of a parent or guardian, is on the public right-of-way, boulevard or sidewalk abutting the juvenile’s residence.

Section 105: Prosecution

1. The prosecution shall be initiated by the Solicitor General’s Office by filing a complaint. The complaint shall contain:
   a) A citation to the specific statutory provisions of this title;
   b) The name, age, and address if known of the defendant and his or her parents, if known;
   c) A plain and concise statement of the facts upon which the allegations are based;
   d) A complaint shall be filed within 90 days of when the offense occurred and;
   e) Only the Solicitor General has discretion to bring a prosecution under this title.
   
   
2. Preliminary Inquiry.
   a) A preliminary inquiry shall be held within 30 days, unless the court establishes good cause to the contrary. In no event shall a preliminary inquiry take place later than 45 days after the complaint has been filed and the defendant has been properly served. If the defendant is out of the jurisdiction of the Mille Lacs Band of Ojibwe, or is unable to be personally served, then tolling shall begin after the defendant has been located;
   b) The defendant shall enter a plea of guilty or not guilty at the preliminary inquiry. If the defendant stands mute or refuses to enter a plea, then the court shall enter a plea of not guilty for the defendant.
   
   
3. Pretrial Hearing and Adjudicatory Hearing.
   The court shall schedule a pretrial hearing within 15 days after the preliminary inquiry, and the adjudicatory hearing shall take place within 45 days after the preliminary inquiry. The time for the pretrial hearing and adjudicatory hearing may be extended if the defendant agrees to waive the time limits.
   
   
4. Confidentiality of Records.
   All court records under this title shall be confidential, and shall not be open to the public for inspection. Any conviction under this section shall become sealed once the minor reaches the age of majority or 18 years of age.
   
   
5. Appeals shall be conducted according to 24 MLBSA § 2501 et seq. A party may appeal a final order by filing with the clerk of court a written notice of appeal within 30 days of the date the order was filed.

Section 106: Affirmative Defenses

It shall be an affirmative defense to prosecution pursuant to this ordinance that:

The owner, manager or employee of any business or other enterprise open to the public promptly notified the police department that a juvenile is present on the premises during curfew hours and refused to leave when requested.

The owner, manager or employee reasonably relied upon the juvenile’s representation as to proof of age. Proof of age may be established by Band identification, driver's license, school identification card, or other verifiable means.

Section 107: Probable Cause

A police officer shall not make an arrest or issue a citation under this ordinance unless the officer has probable cause to believe that a violation of this ordinance has occurred and no exception applies.

Section 108: Penalties

1. Violations of Section 103 (a) - (c) will be prosecuted pursuant to 8 MLBSA §§ 101-148 and this ordinance and will be subject to the penalties therein. In addition, the court shall also sentence the juvenile as follows:
   a) The first offense shall be punishable by a fine of $25.00.
   b) The second offense shall be punishable by a fine of $50.00.
   c) Any additional offenses shall, in addition to a fine of $___, require the Band’s Family Services Department to investigate the juvenile’s home and family situation for the purposes of making a recommendation to the Office of Solicitor General as to whether a Petition For Child In Need Of Protection Or Services is required.
   d) Nothing in this section shall preclude the court from alternative sentencing if deemed in the best interest of the juvenile.
   e) If a juvenile cannot pay the sentence herein, the parent(s), guardian(s) or authorized adult(s) shall pay the fine.
   
   
2. Violations of Section 103 (d) and (e) shall be a misdemeanor and punishable by fine up to $___ and ____ days in jail or other alternative sentencing, such as community service.
   

Section 109: Severability

If the Court of Central Jurisdiction adjudges any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in the judgment.

Section 110: Sovereign Immunity

Nothing contained in this ordinance shall be construed as a waiver of sovereign immunity of the Non-Removable Mille Lacs Band of Chippewa Indians.

Section 111: Effective Date

The effective date of this ordinance shall be _________________.