Metlakatla Indian Community Alcohol Possession Code, 47210-47212 [E8-18771]
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ebenthall on PRODPC60 with NOTICES
47210
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices
The applicant initiated native habitat
restoration activities within the Preserve
in 1999 and proposes to reintroduce
PVB once suitable habitat for the species
is established. Following reintroduction
of PVB, the applicant will continue to
maintain native plant cover and
eliminate invasive species on up to 28.5
acres within the Preserve. Restoration
and management activities may include
irrigation system installation and repair,
mechanical weed removal, application
of herbicides, planting, seeding,
mechanical weeding, and removal of
organic debris as necessary to enhance
habitat for PVB.
The applicant proposes to minimize
the effects to PVB associated with the
proposed restoration activities by
restricting certain activities during the
flight season (February 15 to June 15),
and avoiding disturbance to host plants
and surrounding soil. The applicant will
also conduct surveys for PVB for the
first five years following reintroduction
and a minimum of every three years
thereafter to track peak abundance and
patterns of occupancy within the
Preserve. Restoration activities have the
potential to result in take of a small
number of PVB pupae if host plants and
surrounding soil are incidentally
disturbed. Surveys for PVB during the
flight season have the potential to take
a small number of adults if they are
flushed from the site and not able to
successfully reproduce. The project will
result in an increase in the quality and
quantity of habitat for PVB within the
Preserve; therefore, no additional
mitigation is proposed.
The Proposed Action consists of the
issuance of an incidental take permit
and implementation of the proposed
HCP, which includes measures to
minimize impacts of the project on PVB.
One alternative to the taking of the
listed species under the Proposed
Action is considered in the proposed
HCP. Under the No Action Alternative,
no permit would be issued, and
reintroduction of PVB to the Preserve
would not occur. Management and
restoration efforts would continue in the
Preserve; however, the threat of
extinction of PVB in the wild would
remain high.
The Service has made a preliminary
determination that approval of the
proposed HCP qualifies as a categorical
exclusion under NEPA, as provided by
the Department of the Interior Manual
(516 DM8) and as a ‘‘low-effect’’ plan as
defined by the Habitat Conservation
Planning Handbook (November 1996).
Determination of Low-effect Habitat
Conservation Plans is based on the
following three criteria: (1)
Implementation of the proposed HCP
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15:38 Aug 12, 2008
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would result in minor or negligible
effects on federally listed, proposed, and
candidate species and their habitats; (2)
Implementation of the proposed HCP
would result in minor or negligible
effects on other environmental values or
resources; and (3) Impacts of the
proposed HCP, considered together with
the impacts of other past, present and
reasonably foreseeable similarly situated
projects, would not result, over time, in
cumulative effects to environmental
values or resources which would be
considered significant.
Based upon this preliminary
determination, we do not intend to
prepare further NEPA documentation.
We will consider public comments in
making the final determination on
whether to prepare such additional
documentation.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
This notice is provided pursuant to
section 10(c) of the Act. We will
evaluate the permit application, the
proposed HCP, and comments
submitted thereon to determine whether
the application meets the requirements
of section 10(a) of the Act. If the
requirements are met, we will issue a
permit to Palos Verdes Peninsula Land
Conservancy for the incidental take of
the Palos Verdes blue butterfly from
restoration and management of the
Linden H. Chandler Preserve in the City
of Rolling Hills Estates, Los Angeles
County, California.
Dated: August 7, 2008.
Jim A. Bartel,
Field Supervisor, Carlsbad Fish and Wildlife
Office, Carlsbad, California.
[FR Doc. E8–18685 Filed 8–12–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Metlakatla Indian Community Alcohol
Possession Code
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
(Code), Alcohol Possession, for the
Metlakatla Indian Community of the
Annette Island Reserve. The amendment
regulates and controls the possession
and consumption of liquor within the
tribal lands. The tribal lands are located
in Indian Country and this amended
Code allows for possession of alcoholic
beverages within their boundaries. This
Code will increase the ability of the
tribal government to control liquor
possession and consumption by the
community’s members.
Effective Date: This Code is
effective on August 13, 2008.
DATES:
FOR FURTHER INFORMATION CONTACT:
Betty Scissons, Tribal Government
Services Officer, Northwest Regional
Office, 911 NE 11th Ave., 8th Floor,
Portland, OR 97232, Telephone: (503)
231–6723, Fax (503) 231–2189; or
Elizabeth Colliflower, Office of Indian
Services, 1849 C Street, NW., Mail Stop
4513–MIB, Washington, DC 20240,
Telephone: (202) 513–7640.
Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian Country.
The Metlakatla Indian Community,
Council, Annette Islands Reserve,
amended the Alcohol Possession section
of its Law and Order Code by Resolution
No. 07–49 on November 13, 2007. The
purpose of this Ordinance is to govern
the possession of alcohol within tribal
lands of the Tribe.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
certify that this Alcohol Possession
Code of the Metlakatla Indian
Community was duly adopted by the
Council, Annette Island Reserve on
November 13, 2007.
SUPPLEMENTARY INFORMATION:
Dated: July 31, 2008.
George Skibine,
Acting Deputy Assistant Secretaryfor Policy
and Economic Development.
The Metlakatla Indian Community
Alcohol Possession Code reads as
follows:
SUMMARY: This notice publishes an
amendment to the Law and Order Code
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Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices
PROVISIONS RELATED TO THE
LEGALIZATION OF ALCOHOL
POSSESSION WITHIN THE ANNETTE
ISLANDS RESERVE
TITLE ONE, CHAPTER 1, CRIMINAL
VIOLATIONS.
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SECTION ONE.1.49 DISTRIBUTION
OF TOBACCO AND INTOXICANTS TO
CHILDREN.
A. Any person who shall provide any
tobacco product to any child under the
age of eighteen (18) years shall be guilty
of an offense and, upon conviction
thereof, shall be sentenced to labor for
a period of not more than six (6) months
or to pay a fine not to exceed the
constitutional limit, or both, with costs.
B. Any person who shall provide any
alcoholic beverage, narcotic or other
intoxicant to any person under the age
of twenty-one (21) years shall be guilty
of an offense and, upon conviction
thereof, shall be sentenced to labor for
a period of not more than six (6) months
or to pay a fine not to exceed the
constitutional limit, or both, with costs.
A person shall also be liable for this
offense if he or she exercises control
over property and allows any person
under the age of twenty-one (21) years
to consume alcohol on the property or
to remain on the property if they have
consumed alcohol.
SECTION ONE.1.55 LIQUOR
POSSESSION FOR SALE.
A. Sale of Alcoholic Beverages
Prohibited.
Any person who shall, within the
Annette Islands Reserve, sell, barter or
transport, possess, or manufacture any
alcoholic beverage for purposes of sale
or distribution thereof for profit, shall be
guilty of an offense.
B. Application to Non-Member
Natives.
1. First Conviction: Upon first
conviction thereof, a non-member
Native may be sentenced to labor for a
period of not more than thirty (30) days
and shall pay a fine of not less than one
thousand dollars ($1000) and not more
than five thousand dollars ($5000).
Upon a conviction hereunder, a person
shall appear before the Council for a
public reprimand.
2. Second Conviction: Upon a second
conviction thereof, a person may be
sentenced to labor for a period of not to
exceed ninety (90) days and shall pay a
fine of five thousand dollars ($5000) and
shall be made subject to a proceeding
under Title Four, Chapter 3 to revoke all
existing visitor, residence and
employment permits in the person’s
possession.
3. First Conviction, Special
Circumstances: Upon a first conviction
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involving a violation of Section
One.1.49, a person may be sentenced to
labor for a period of not to exceed
ninety (90) days and shall pay a fine of
five thousand dollars ($5000) and shall
be made subject to a proceeding under
Title Four, Chapter 3 to revoke all
existing visitor, residence and
employment permits in the person’s
possession.
C. Application to Members.
1. First Conviction: Upon first
conviction thereof, a member may be
sentenced to labor for a period of not
more than thirty (30) days and shall pay
a fine of not less than one thousand
dollars ($1000) and not more than five
thousand dollars ($5000). The
Magistrate shall notify the defendant of
the possibility of loss of membership
privileges pursuant to the rules
established by the Community Council
if the defendant is convicted a
subsequent time. Upon a conviction
hereunder, a person shall appear before
the Council for a public reprimand.
2. Second Conviction: Upon a second
conviction thereof, a member may be
sentenced to labor for a period of not to
exceed ninety (90) days and shall pay a
fine of five thousand dollars ($5000) and
shall be required to relinquish all rights
and privileges of citizenship of the
Metlakatla Indian Community under
Title Four, Chapter 2 for a period of six
(6) months. No hearing or Special
Council meeting shall be necessary
under Title Four, Chapter 2.
3. First Conviction, Special
Circumstances: Upon a first conviction
involving a violation of Section
One.1.49, a member may be sentenced
to labor for a period of not to exceed
ninety (90) days and shall pay a fine of
five thousand dollars ($5000) and shall
be required to relinquish all rights and
privileges of citizenship of the
Metlakatla Indian Community under
Title Four, Chapter 2 for a period of six
(6) months. No hearing or Special
Council meeting shall be necessary
under Title Four, Chapter 2.
SECTION ONE.1.56
VIOLATION.
LIQUOR
Any person who shall, within the
Annette Islands Reserve sell, barter,
transport, possess, consume, or have
consumed, or manufacture any
alcoholic beverage shall be guilty of an
offense and, upon conviction thereof,
shall be sentenced to labor for a period
of not more than six (6) months or to
pay a fine not to exceed the
constitutional limit, or both, with costs.
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SECTION ONE.1.56 PUBLIC
INTOXICATION.
A. A person commits the crime of
public intoxication if he or she appears
in a public place under the influence of
alcohol, narcotics, or other drug to the
degree that he or she endangers himself
or herself or another person or property,
or by boisterous and offensive conduct
affects the enjoyment of another person
in his or her vicinity.
B. Public intoxication is a violation
and, upon conviction thereof, shall be
punishable by a sentence of labor for a
period of not more than six (6) months
or to pay a fine not to exceed the
constitutional limit, or both, with costs.
Individuals arrested for public
intoxication may be held in jail for a
period after which they are no longer
considered a harm to themselves and
others (e.g., the time necessary for them
to ‘‘sober up’’), provided such time shall
not exceed twelve (12) hours.
SECTION ONE.1.56(A)
CONSUMPTION OF ALCOHOL IN
PUBLIC PLACES.
A. A person commits the crime of
consumption of alcohol in public places
if he or she drinks or consumes any
alcoholic liquor in or upon any street,
alley, public grounds, or other public
places. Public places shall be defined as
those developed public areas designated
by the Council, including areas within
the municipal limits and developed
beaches, including Smuggler’s Cove,
Sand Dollar, Graveyard, and Pioneer.
B. Consumption of alcohol in public
places is an offense and, upon
conviction thereof, shall be punishable
by a sentence of labor for a period of not
more than six (6) months or a fine not
to exceed the constitutional limit, or
both, with costs.
SECTION ONE.1.56(B) MINOR IN
POSSESSION OF ALCOHOL.
A. A minor commits the crime of
minor in possession of alcohol when he
or she is in possession of alcohol, which
can be proven by facts showing the
minor had physical possession,
constructive possession, or possession
by consumption (breath) of alcohol.
B. Minor in possession of alcohol is
a violation and subject to the provisions
of Title 3, Chapter 4 (Juvenile Offender
Procedure).
SECTION ONE.1.56(C)
MISREPRESENTATION OF AGE BY A
MINOR.
A. A minor commits the crime of
misrepresentation of age by a minor
when he or she is purposely not truthful
about his or her age to prevent being in
violation of law.
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Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices
B. Misrepresentation of age by a
minor is a violation and subject to the
provisions of Title Three, Chapter 4
(Juvenile Offender Procedure).
TITLE FOUR, CHAPTER 6,
GOVERNING CONTRABAND.
SECTION FOUR.6.2 DECLARATION
OF CONTRABAND.
The following things and substances
are hereby declared to be contraband
and their manufacture, possession, sale,
or use within the Annette Islands
Reserve is hereby declared to be illegal:
A. Electronic decoder for radio
messages.
B. Electronic radar detector.
C. Any other electronic device used to
detect or interfere with any
electromagnetic signal generated by the
Metlakatla Police Department in its law
enforcement activities or by any other
governmental or law enforcement
agency authorized to operate on the
Annette Islands Reserve.
D. Marijuana or any other dangerous
drug or narcotic the use or possession of
which violates the Law & Order Code of
the Metlakatla Indian Community or
any Federal law relating to controlled
substances, unless such use or
possession is legal under the laws of the
State of Alaska and is solely for medical
purposes.
E. Any device, substance, airplane,
boat, including fishing vessels, motor
vehicle, or thing of any kind whatsoever
used in connection with violating the
Law & Order Code of the Metlakatla
Indian Community, including all
ordinances or any resolutions and
orders of the Metlakatla Indian
Community Council or the Magistrate’s
Court of the Metlakatla Indian
Community.
F. The species of dog known as a Pit
Bull or Pit Bull Terrier or other vicious
animal.
G. Firearms of destructive devices
possessed in violation of Section
Four.5.2.
[FR Doc. E8–18771 Filed 8–12–08; 8:45 am]
BILLING CODE 4310–4J–P
Ordinance regulates and controls the
possession, sale and consumption of
liquor within the Pueblo of Isleta lands.
The Pueblo of Isleta is located on trust
land and this amended Ordinance
allows for the possession and sale of
alcoholic beverages within the exterior
boundaries of the Pueblo of Isleta. This
amended Ordinance will increase the
ability of the tribal government to
control the distribution and possession
of liquor within their reservation and at
the same time will provide an important
source of revenue and strengthening of
the tribal government and the delivery
of tribal services.
DATES: Effective Date: This Ordinance is
effective as of September 12, 2008.
FOR FURTHER INFORMATION CONTACT: Iris
A. Drew, Division of Tribal Government,
Office of Indian Services, 1001 Indian
School Road, Albuquerque, New Mexico
87104; Telephone (505) 563–3530; Fax
(505) 563–3060; or Elizabeth
Colliflower, Office of Indian Services,
1849 C Street, NW., Mail Stop 4513–
MIB, Washington, DC 20240; Telephone
(202) 513–7627; Fax (202) 208–5113.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953; Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register, notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian Country.
The Tribal Council of the Pueblo of
Isleta adopted this amended Liquor
Sales Ordinance on October 4, 2007.
The purpose of this amended Ordinance
is to govern the sale, possession and
distribution of alcohol within the lands
held by the Pueblo of Isleta. This notice
is published in accordance with the
authority delegated by the Secretary of
the Interior to the Assistant Secretary—
Indian Affairs. I approve this ordinance
and certify that this Amended and
Restated Liquor Sales Ordinance of the
Pueblo of Isleta was duly adopted by the
Tribal Council on October 4, 2007.
Dated: July 31, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy
and Economic Development.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pueblo of Isleta Liquor Sales
Ordinance
The Pueblo of Isleta’s Amended and
restated Liquor Sales Ordinance reads as
follows:
Bureau of Indian Affairs,
Interior
ACTION: Notice.
PUEBLO OF ISLETA
This notice publishes the
Amended and Restated Pueblo of Isleta
Liquor Sales Ordinance. The amended
(Current as of October 4, 2007)
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AGENCY:
SUMMARY:
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LIQUOR SALES ORDIANCE
Be it ordained and enacted by the
Pueblo of Isleta as follows:
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Section 1. Introduction.
A. Title. The title of this ordinance
shall be the Liquor Sales Ordinance of
the Pueblo of Isleta.
B. Authority. This ordinance is being
passed and enacted in accordance with
the inherent governmental powers of the
Pueblo of Isleta, a federally recognized
tribe of Indians, and specifically under
Article V, Section 2(e) of the Pueblo of
Isleta Constitution, and in conformance
with the laws of the State of New
Mexico, as required by 18 U.S.C.
Section 1161.
C. Purpose. The purpose of this
ordinance is to regulate the sale of
Intoxicating Beverages (as herein
defined) within the exterior boundaries
of the Pueblo of Isleta.
Section 2. Definitions.
‘‘Enterprise’’ means a Person engaged
in, or desiring to engage in, the business
of selling Intoxicating Beverages.
‘‘Governor’’ means the Governor of
the Pueblo of Isleta or his designee.
‘‘Intoxicated Person’’ means a person
whose mental or physical functioning is
substantially impaired as a result of the
use of alcohol or drugs.
‘‘Intoxicating Beverage’’ includes the
four varieties of liquor commonly
referred to as alcohol, spirits, wine, and
beer, and all fermented, spirituous,
vinous, or malt liquor, or combinations
thereof, and mixed liquor, a part of
which is fermented, spirituous, vinous,
or malt liquor, or otherwise intoxicating,
and every liquid or solid or semisolid or
other substance, patented or not,
containing alcohol, spirits, wine, or
beer, excluding any prescription or
over-the-counter medicine, any product
not fit for human consumption and
wine used for sacramental purposes.
‘‘License’’ means a license or
authorization by the Tribal Council for
an Enterprise to sell Intoxicating
Beverages at a designated location.
‘‘Licensed Establishment’’ means (1) a
physical area of Pueblo of Isleta tribal
land, excluding lands which have been
assigned to an individual tribal member,
or (2) a certain space or area within a
building on Pueblo of Isleta tribal lands
(which have not been assigned to an
individual tribal member), designated
by the Pueblo of Isleta Tribal Council as
a place where Intoxicating Beverages
can be sold. A Licensed Establishment
may be a designated area, such as golf
course or an amphitheater.
‘‘Licensee’’ means an Enterprise
which holds a Pueblo of Isleta Liquor
License and is authorized by the Tribal
Council to sell and serve Intoxicating
Beverages in a Licensed Establishment.
‘‘Minor’’ means any person under the
age of twenty-one (21) years.
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]]>Agencies
[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Pages 47210-47212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18771]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Metlakatla Indian Community Alcohol Possession Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes an amendment to the Law and Order Code
(Code), Alcohol Possession, for the Metlakatla Indian Community of the
Annette Island Reserve. The amendment regulates and controls the
possession and consumption of liquor within the tribal lands. The
tribal lands are located in Indian Country and this amended Code allows
for possession of alcoholic beverages within their boundaries. This
Code will increase the ability of the tribal government to control
liquor possession and consumption by the community's members.
DATES: Effective Date: This Code is effective on August 13, 2008.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Services Officer, Northwest Regional Office, 911 NE 11th Ave., 8th
Floor, Portland, OR 97232, Telephone: (503) 231-6723, Fax (503) 231-
2189; or Elizabeth Colliflower, Office of Indian Services, 1849 C
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202)
513-7640.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register notice
of adopted liquor ordinances for the purpose of regulating liquor
transactions in Indian Country. The Metlakatla Indian Community,
Council, Annette Islands Reserve, amended the Alcohol Possession
section of its Law and Order Code by Resolution No. 07-49 on November
13, 2007. The purpose of this Ordinance is to govern the possession of
alcohol within tribal lands of the Tribe.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that this Alcohol Possession Code of the Metlakatla
Indian Community was duly adopted by the Council, Annette Island
Reserve on November 13, 2007.
Dated: July 31, 2008.
George Skibine,
Acting Deputy Assistant Secretaryfor Policy and Economic Development.
The Metlakatla Indian Community Alcohol Possession Code reads as
follows:
[[Page 47211]]
PROVISIONS RELATED TO THE LEGALIZATION OF ALCOHOL POSSESSION WITHIN THE
ANNETTE ISLANDS RESERVE
TITLE ONE, CHAPTER 1, CRIMINAL VIOLATIONS.
SECTION ONE.1.49 DISTRIBUTION OF TOBACCO AND INTOXICANTS TO CHILDREN.
A. Any person who shall provide any tobacco product to any child
under the age of eighteen (18) years shall be guilty of an offense and,
upon conviction thereof, shall be sentenced to labor for a period of
not more than six (6) months or to pay a fine not to exceed the
constitutional limit, or both, with costs.
B. Any person who shall provide any alcoholic beverage, narcotic or
other intoxicant to any person under the age of twenty-one (21) years
shall be guilty of an offense and, upon conviction thereof, shall be
sentenced to labor for a period of not more than six (6) months or to
pay a fine not to exceed the constitutional limit, or both, with costs.
A person shall also be liable for this offense if he or she exercises
control over property and allows any person under the age of twenty-one
(21) years to consume alcohol on the property or to remain on the
property if they have consumed alcohol.
SECTION ONE.1.55 LIQUOR POSSESSION FOR SALE.
A. Sale of Alcoholic Beverages Prohibited.
Any person who shall, within the Annette Islands Reserve, sell,
barter or transport, possess, or manufacture any alcoholic beverage for
purposes of sale or distribution thereof for profit, shall be guilty of
an offense.
B. Application to Non-Member Natives.
1. First Conviction: Upon first conviction thereof, a non-member
Native may be sentenced to labor for a period of not more than thirty
(30) days and shall pay a fine of not less than one thousand dollars
($1000) and not more than five thousand dollars ($5000). Upon a
conviction hereunder, a person shall appear before the Council for a
public reprimand.
2. Second Conviction: Upon a second conviction thereof, a person
may be sentenced to labor for a period of not to exceed ninety (90)
days and shall pay a fine of five thousand dollars ($5000) and shall be
made subject to a proceeding under Title Four, Chapter 3 to revoke all
existing visitor, residence and employment permits in the person's
possession.
3. First Conviction, Special Circumstances: Upon a first conviction
involving a violation of Section One.1.49, a person may be sentenced to
labor for a period of not to exceed ninety (90) days and shall pay a
fine of five thousand dollars ($5000) and shall be made subject to a
proceeding under Title Four, Chapter 3 to revoke all existing visitor,
residence and employment permits in the person's possession.
C. Application to Members.
1. First Conviction: Upon first conviction thereof, a member may be
sentenced to labor for a period of not more than thirty (30) days and
shall pay a fine of not less than one thousand dollars ($1000) and not
more than five thousand dollars ($5000). The Magistrate shall notify
the defendant of the possibility of loss of membership privileges
pursuant to the rules established by the Community Council if the
defendant is convicted a subsequent time. Upon a conviction hereunder,
a person shall appear before the Council for a public reprimand.
2. Second Conviction: Upon a second conviction thereof, a member
may be sentenced to labor for a period of not to exceed ninety (90)
days and shall pay a fine of five thousand dollars ($5000) and shall be
required to relinquish all rights and privileges of citizenship of the
Metlakatla Indian Community under Title Four, Chapter 2 for a period of
six (6) months. No hearing or Special Council meeting shall be
necessary under Title Four, Chapter 2.
3. First Conviction, Special Circumstances: Upon a first conviction
involving a violation of Section One.1.49, a member may be sentenced to
labor for a period of not to exceed ninety (90) days and shall pay a
fine of five thousand dollars ($5000) and shall be required to
relinquish all rights and privileges of citizenship of the Metlakatla
Indian Community under Title Four, Chapter 2 for a period of six (6)
months. No hearing or Special Council meeting shall be necessary under
Title Four, Chapter 2.
SECTION ONE.1.56 LIQUOR VIOLATION.
Any person who shall, within the Annette Islands Reserve sell,
barter, transport, possess, consume, or have consumed, or manufacture
any alcoholic beverage shall be guilty of an offense and, upon
conviction thereof, shall be sentenced to labor for a period of not
more than six (6) months or to pay a fine not to exceed the
constitutional limit, or both, with costs.
SECTION ONE.1.56 PUBLIC INTOXICATION.
A. A person commits the crime of public intoxication if he or she
appears in a public place under the influence of alcohol, narcotics, or
other drug to the degree that he or she endangers himself or herself or
another person or property, or by boisterous and offensive conduct
affects the enjoyment of another person in his or her vicinity.
B. Public intoxication is a violation and, upon conviction thereof,
shall be punishable by a sentence of labor for a period of not more
than six (6) months or to pay a fine not to exceed the constitutional
limit, or both, with costs. Individuals arrested for public
intoxication may be held in jail for a period after which they are no
longer considered a harm to themselves and others (e.g., the time
necessary for them to ``sober up''), provided such time shall not
exceed twelve (12) hours.
SECTION ONE.1.56(A) CONSUMPTION OF ALCOHOL IN PUBLIC PLACES.
A. A person commits the crime of consumption of alcohol in public
places if he or she drinks or consumes any alcoholic liquor in or upon
any street, alley, public grounds, or other public places. Public
places shall be defined as those developed public areas designated by
the Council, including areas within the municipal limits and developed
beaches, including Smuggler's Cove, Sand Dollar, Graveyard, and
Pioneer.
B. Consumption of alcohol in public places is an offense and, upon
conviction thereof, shall be punishable by a sentence of labor for a
period of not more than six (6) months or a fine not to exceed the
constitutional limit, or both, with costs.
SECTION ONE.1.56(B) MINOR IN POSSESSION OF ALCOHOL.
A. A minor commits the crime of minor in possession of alcohol when
he or she is in possession of alcohol, which can be proven by facts
showing the minor had physical possession, constructive possession, or
possession by consumption (breath) of alcohol.
B. Minor in possession of alcohol is a violation and subject to the
provisions of Title 3, Chapter 4 (Juvenile Offender Procedure).
SECTION ONE.1.56(C) MISREPRESENTATION OF AGE BY A MINOR.
A. A minor commits the crime of misrepresentation of age by a minor
when he or she is purposely not truthful about his or her age to
prevent being in violation of law.
[[Page 47212]]
B. Misrepresentation of age by a minor is a violation and subject
to the provisions of Title Three, Chapter 4 (Juvenile Offender
Procedure).
TITLE FOUR, CHAPTER 6, GOVERNING CONTRABAND.
SECTION FOUR.6.2 DECLARATION OF CONTRABAND.
The following things and substances are hereby declared to be
contraband and their manufacture, possession, sale, or use within the
Annette Islands Reserve is hereby declared to be illegal:
A. Electronic decoder for radio messages.
B. Electronic radar detector.
C. Any other electronic device used to detect or interfere with any
electromagnetic signal generated by the Metlakatla Police Department in
its law enforcement activities or by any other governmental or law
enforcement agency authorized to operate on the Annette Islands
Reserve.
D. Marijuana or any other dangerous drug or narcotic the use or
possession of which violates the Law & Order Code of the Metlakatla
Indian Community or any Federal law relating to controlled substances,
unless such use or possession is legal under the laws of the State of
Alaska and is solely for medical purposes.
E. Any device, substance, airplane, boat, including fishing
vessels, motor vehicle, or thing of any kind whatsoever used in
connection with violating the Law & Order Code of the Metlakatla Indian
Community, including all ordinances or any resolutions and orders of
the Metlakatla Indian Community Council or the Magistrate's Court of
the Metlakatla Indian Community.
F. The species of dog known as a Pit Bull or Pit Bull Terrier or
other vicious animal.
G. Firearms of destructive devices possessed in violation of
Section Four.5.2.
[FR Doc. E8-18771 Filed 8-12-08; 8:45 am]
BILLING CODE 4310-4J-P
