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A. It shall be unlawful to be under the influence of an intoxicating beverage, drugs or other controlled substance or a substance having the property of releasing vapors, to any degree, in a public place or in a private place where one unreasonably disturbs another person, under circumstances not amounting to disorderly conduct.

B. Intoxication shall be punishable by a fine not to exceed One Hundred Fifty Dollars ($150.00), or by a term of imprisonment in the Tribal Jail not to exceed three months, or both. However, a Judge or the arresting law enforcement officer may order the release from custody and the dropping of a charge under this section if he believes further imprisonment is unnecessary for the protection of the individual or another and the individual is in a sober condition at the time of release. The Judge may also commit the person convicted to a facility for treatment if it appears that the person is dependent upon the intoxicating beverage, drugs, controlled substance or vapor-producing substance, for a period not to exceed six months.