CHAPTER 23 - - CURFEW AND LOITERING

23.1 SECTION 1: CURFEW VIOLATIONS

23.1.1

It shall be unlawful for any person within the exterior boundaries of the Red Cliff Reservation who is 12 years old or younger to loiter or play in or upon the highways, roads, parks, docks, buildings, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 5:00 a.m.

23.1.2

It shall be unlawful for any person within the exterior boundaries of the Red Cliff Reservation who is older than 12 years and younger than 18 years to loiter or play in or upon the highways, roads, parks, docks, buildings, vacant lots or other unsupervised places between the hours of 12:00 a.m. and 5:00 a.m.

23.1.3

In the event the minor is accompanied by a parent or guardian or other adult person having the care and custody of the minor or is attending a special event sponsored by the Red Cliff Tribe, or other reasonable activity, this section shall not apply.

23.1.4

It shall be unlawful for any parent, guardian, or other person having lawful care, custody and control of any person under the age of 18 years to allow or permit such person to violate the provisions of 23.1.1.

23.1.5

Any conviction of section 23.1.1 shall be subject to a minimum monetary penalty of not less that $20.00 and no more that $250.00, plus any other remedies the court deems appropriate.


23.2 SECTION 2: RESTRICTIONS IN THE MARINA / CAMPGROUND AREA

23.2.1

It shall be unlawful for any person who is under the age of 18 to loiter or play in or upon the Red Cliff Campground and Marina area at anytime unless under the direct supervision of a parent or guardian.

23.2.2

No person shall at anytime swim from or dive from the dock located in the Red Cliff Marina.

23.2.3

No one who is under the age of 18 shall fish from the dock located in the Red Cliff Marina unless under the direct supervision of a parent or guardian.

23.2.4

Anyone who is under the age of 18 and who violates any provision of this ordinance shall be fined no less than $5.00 nor more than $20.00. The parent or guardian must accompany the child to Tribal Court and will be held responsible for payment of the fine.

23.2.5

Any person 18 years of age or over who is found in violation of this provision may be fined no less than $10.00 nor more than $25.00. The person found in violation of this ordinance may be required to appear in Tribal Court.

23.2.6

No person while in the boundaries of the Red Cliff Marina/Campground area shall engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.

23.2.7

Any person convicted of violating section 23.2.6 shall be subject to a monetary penalty of not less that $10.00 and no more that $250.00, plus any other remedy the court may deem appropriate. In the event the alleged offender is a minor, the minors parent, guardian, or legal custodian must accompany the minor to court and will be held responsible for the payment of any monetary penalty.


23.3 SECTION 3: RESTRICTIONS IN RED CLIFF LANES AND BINGO

23.3.1

DEFINITIONS In this chapter unless otherwise defined:

(a) "ALCOHOL" means fermented malt beverages or intoxicating liquor.

(b) "BAR" means a room in which alcohol is sold.

(c) "LEGAL DRINKING AGE" means the minimum legal drinking age as defined by the laws of the State of Wisconsin.

(d) "MANAGEMENT" means the Red Cliff Band and its officers who manage the Red Cliff Lanes and Bingo Center,

(e) "PREMISES" means the Red Cliff Bingo Hall, Bowling Alley or Bar/Lounge, including but not limited to entranceways, hallways, restrooms, parking or other areas.

(f) "UNDERAGE PERSON" means a person who has not attained the legal drinking age as defined in paragraph 23.3.1(c). A person who refuses to provide proof of age or who cannot provide proof of age satisfactory to management shall be presumed to be underage.

23.3.2

No person shall enter or remain on the premises unless he or she is at all times actively engaged in bingo, bowling or restaurant activities. A person who remains in a hallway, foyer, restroom, parking or other area for longer than 5 minutes, whether or not such person is then consuming food or drink, shall be presumed not to be engaged in bingo, bowling or restaurant activities.

23.3.3

No underage person shall enter the Bar, unless employed by the Red Cliff Lanes and Bingo Center, or the Isle Vista Casino.

23.3.4

No underage person shall buy, take, possess, carry or consume alcohol under any circumstances on the premises.

23.3.5

No person shall authorize, consent to, make available, or cause the use or consumption of alcohol by an underage person. A person who furnishes alcohol to an underage person is presumed to know the age of the underage person.

23.3.6

No person, while on the premises, shall buy, sell, take, possess, carry or consume any controlled substance as defined by 21 U.S.C., sec. 802(6) unless a physician issued a valid prescription for such substance to such person.

23.3.7

23.3.7 No person while on the premises, shall engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.

23.3.8

No person shall buy, sell, take, possess, or carry any open container of alcohol in any parking area of the premises.

23.3.9

No underage person shall enter or remain on the premises after 11:00 p.m.

23.3.10

No person shall refuse to leave the premises after being requested to do so by management.

23.3.11

No person shall enter the premises after being refused admittance by the management.

23.3.12

An underage person who violates any provision of this ordinance shall be subject to immediate removal from the premises and shall be subject to a civil forfeiture of not less than $10.00 nor more than $50.00. The parent or guardian must accompany an underage person who is not eighteen to Tribal Court and will be held responsible for payment of the forfeiture.

23.3.13

Any person 19 years of age or older who violates any provision of this ordinance shall be subject to immediate removal from the premises and shall be subject to a civil forfeiture of not less than $25.00 nor more than $250.00.

23.3.14

Any person who fails to pay a civil forfeiture shall not enter the premises until said forfeiture is paid in full.

23.3.15

In addition to the imposition of civil forfeitures for a violation of this Chapter 23, the Tribal Court may also impose other remedies, including but not limited to: alcohol assessment and counseling, restitution of property and physical damage, community service work, and setting forth conditions under which the defendant may enjoy the use of the premises.