Ho-Chunk Nation Legislature

Ho-Chunk Nation Legislature

Harassment Ordinance

Page 1 of 2

HO-CHUNK NATION CODE (HCC)

TITLE 3 – HEALTH AND SAFETY CODE

SECTION 21 – HARASSMENT ORDINANCE

ENACTED BY LEGISLATURE: August 22, 2017

CITE AS: 3 HCC § 21

1. Authority.

(a) Article V, Section 2(a) of the Ho-Chunk Nation Constitution (“Constitution”) grants the

Legislature the power to make laws, including codes, ordinances, resolutions, and statutes.

(b) Article V, Section 2(h) of the Constitution grants the Legislature the power to enact all laws

prohibiting and regulating conduct, and imposing penalties upon all persons within the jurisdiction

of the Nation.

(c) Article V, Section 2(t) of the Constitution grants the Legislature the power to enact laws

governing law enforcement on lands within the jurisdiction of the Nation.

2. Definitions.

(a) Course of Conduct: A pattern of conduct composed of a series of acts over a period of time,

however short, evidencing a continuity of purpose.

3. Harassment.

(a) Whoever with intent to harass or intimidate another person on HCN Lands does any of the

following is in violation of this section:

(i) Strikes, shoves, kicks, or otherwise subjects the person to physical contact or attempts

to threaten to do the same.

(ii) Engages in a course of conduct or repeatedly commits acts which harass or intimidate

the person.

4. Penalty.

(a) This ordinance shall be enforced by the Ho-Chunk Nation Police Department and the HoChunk Nation Department of Justice and shall be subject to 2 HCC §14 Ho-Chunk Nation Statute

of Limitations and Commencement of Claims Act.

Ho-Chunk Nation Legislature

Harassment Ordinance

Page 2 of 2

(b) Whoever has been found to violate any provision of this ordinance shall be made to forfeit

$500 plus costs of prosecution for each offence and cost of restitution.

Legislative History:

05/23/17

Legislature places the draft Harassment Ordinance out for 45 day public comment through

Resolution 05-23-17L.

08/22/17

Legislature enacts the Harassment Ordinance (3 HCC § 16) through Resolution 08-22-17E.

01/08/24

Pursuant to the Legislative Organization Act, 2 HCC § 11.46c, technical corrections,

including numbering for any laws may be made without full Legislative approval, provided

the Vice President and Legislative Counsel shall indicate their approval in writing. During

the last major website overhaul, some of the Nation’s laws were not transferred properly,

leading to an errant renumbering of some of the Nation’s laws. When the Curfew

Ordinance was enacted via quick passage on April 21, 2020, it was errantly numbered 3

HCC § 16, and has been on the website as such since then. The Harassment Ordinance was

never revoked, but was never placed back on the website during the website overhaul and

lost its Section number within Title 3, the Health and Safety Code, due to this technical

numbering error. As such, the Harassment Ordinance will now be numbered 3 HCC § 21.