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Blue Lake Rancheria Ordinances

Received: 2003

ORDINANCE No. 88-04

ORDINANCE OF THE BLUE LAKE RANCHERIA
HUMBOLDT COUNTY, STATE OF CALIFORNIA


AN ORDINANCE PROHIBITING THE ABANDONMENT OF VEHICLES AND PROVIDING FOR THE REMOVAL OF SUCH VEHICLES ON RANCHERIA ROAD


Authority:

Whereas:

The Blue Lake Rancheria Business Council, on August 10, 1987, by formal Resolution No. 8706, did adopt the Constitution for the management of all tribal affairs.

Whereas:

Article V, Section 4 grants the power to the Business Council to enact laws for the welfare, health and safety of the members of the Blue Lake Rancheria.

The Business Council of the Blue Lake Rancheria does ordain as follows:


SECTION 1: PURPOSE

It is the purpose of this ordinance to provide proper control of abandoned vehicles on Rancheria Road.


SECTION 2:

No person shall abandon a vehicle upon Rancheria Road.


SECTION 3:

No person shall abandon a vehicle upon private property without the express or implied consent of the owner or person in lawful possession or control of the property.


SECTION 4:

The Tribal Program Administrator of the Blue Lake Rancheria shall be the designated official of the Rancheria to perform the function of the removal of abandoned vehicles pursuant to California Vehicle Code Section 22702 and is further designated as the regularly salaried employee who shall have the authority to make appraisals of the value of vehicles pursuant to Vehicle Code Section 22855.


SECTION 5:

Whenever the Program Administrator has reasonable grounds to believe that the vehicle has been abandoned in violation of section 2 or Section 3 of this Ordinance, he/she shall remove the vehicle from Rancheria Road or from private property in accordance with the provisions of Article 2 (commencing with Section 22700) and Article 3 (commencing with Section 221850) of Chapter 10, Division 11 of the California Vehicle Code.


SECTION 6:

Any person violating the provisions of SECTION 2 or SECTION 3 of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100.00 plus the cost of removal and storage of said vehicle.


SECTION 7:

This ordinance shall be in force and effect thirty (30) days after its adoption.


SECTION 8:

Failure to pay the fine(s) shall constitute proceedings with the County of Humboldt Criminal Enforcement.


This authority is based on Public Law 83-280 passed in 1953 allowing the State of California criminal and civil jurisdiction in Indian County.

ADOPTED THIS 13 DAY OF June, 1988.
_______________/s/________________
CHAIRPERSON
___June 13, 1988___
DATE
_______________/s/________________
ATTESTED
___June 13, 1988___
DATE

This ordinance has been reviewed and accepted by secret ballot of the General Council of the Blue Lake Rancheria with a vote of 7 for with 4 against and 0 abstained and 7 absent on June 11, 1988.

_______________/s/________________
CHAIRPERSON, GENERAL COUNCIL
___6 - 11 - 88___
DATE

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