Colville Tribal Law and Order Code

TITLE 3 - OFFENSES

CHAPTER 3-1 CRIMINAL CODE
CHAPTER 3-2 EXCLUSION AND REMOVAL
CHAPTER 3-3 MOTOR VEHICLES
CHAPTER 3-4 CENTRAL RECORDS REPOSITORY
CHAPTER 3-5 CRIME VICTIM COMPENSATION
CHAPTER 3-6 FIREWORKS
CHAPTER 3-7 CIVIL INFRACTIONS

CHAPTER 3-1 CRIMINAL CODE

OFFENSES AGAINST THE PERSON

3-1-1 Abduction

Any person who shall willfully take away or detain another person against his will so as to interfere substantially with his liberty, or knowingly and without the consent of the lawful custodian shall take away, entice, or detain a child from the custody of his lawful custodian when he lacks lawful permission or authority to do so, shall be guilty of Abduction. Abduction is a Class A offense.

3-1-2 Adulteration of Food and Drink

Any person who shall manufacture, sell or keep or offer for sale any food, drug or drink which contains any harmful substance shall be guilty of the offense of Adulteration of Food and Drink. Adulteration of Food and Drink is a Class B offense.

3-1-3 Assault

Any person who shall threaten bodily injury to another person through unlawful force or violence shall be guilty of Assault. Assault is a Class C offense.

3-1-4 Battery

Any person who shall willfully strike another person or otherwise inflict bodily injury, or who shall by offering violence cause another to harm himself, shall be guilty of Battery. Battery is a Class A offense.

3-1-5 Causing or Aiding Suicide

Any person who shall willfully cause or aid another to commit suicide shall be guilty of the offense of Causing or Aiding Suicide. Causing or Aiding Suicide is a Class A offense.

3-1-6 Criminal Homicide

Any person who shall knowingly, recklessly or negligently cause the death of another human being shall be guilty of Criminal Homicide. Criminal Homicide is a Class A offense.

3-1-7 Dangerous Nuisance

Any person who shall have on his premises any abandoned ice-box, chest, or other container not in active use, any door to which has a latch or lock which automatically fastens when the door is closed and which cannot be readily opened from the inside, shall be guilty of Dangerous Nuisance. Dangerous Nuisance is a Class C offense.

3-1-8 Defamation

Any person who shall knowingly and with malicious intent, communicate to any other person orally or in writing any information which he knows or should know to be false and knows that the information tends to impeach the honesty and integrity or reputation of a third person and thereby expose him to public hatred, contempt or ridicule shall be guilty of Defamation. Defamation is a Class C offense.

3-1-9 Indecent Liberties

(a) A person is guilty of Indecent Liberties when such person causes another person under the age of sixteen who is not his or her spouse to have sexual contact with him, her or another.

(b) A person is guilty of Indecent Liberties when such person knowingly causes another person who is not his or her spouse to have sexual contact with him, her or another:

(1) by forcible compulsion;

(2) when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated; or

(3) when the victim is developmentally disabled, a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and who has a significant or dependent relationship with the perpetrator;

(c) “Sexual contact” means any touching, regardless of who does the touching, of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party.

(d) "Forcible compulsion" means:

(1) physical force that overcomes resistance; or

(2) an express or implied threat that places a person in fear of death or physical injury to himself, herself or another person, or in fear that he, she or another person will be abducted or kidnapped.

(e) Indecent Liberties is a Class A offense.

(f) Defenses are set out in 3-1-17.

(Amended 8/19/04, Resolution 2004-560)
(Certified 8/25/04)

3-1-10 Rape

(a) A person is guilty of rape when such person engages in sexual intercourse with another person under the age of sixteen.

(b) A person is guilty of rape when such person engages in sexual intercourse with another person:

(1) by forcible compulsion;

(2) when the victim is incapable of consent by reason of being physically helpless or mentally incapacitated;

(3) when the victim is developmentally disabled, a frail elder or vulnerable adult and the perpetrator is a person who is not married to the victim and the victim has a significant or dependent relationship with the perpetrator; or

(4) when the victim did not consent to sexual intercourse with the perpetrator and such lack of consent was expressed by the victim's word or conduct.

(c) "Sexual Intercourse":

(1) has its ordinary meaning and occurs upon any penetration, however slight;

(2) also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or

(3) also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.

(d) "Forcible compulsion" means the same as in section 3-1-9 (d)

(e) Rape is a Class A offense.

(f) Defenses are set out in section 3-1-17.

(Amended 8/19/04, Resolution 2004-560)
(Certified 8/25/04)

3-1-11 Reckless Endangerment

Any person who shall recklessly engage in conduct which places or may place another human being in danger of death or serious bodily injury shall be guilty of Reckless Endangerment. Reckless Endangerment shall be presumed whenever a person shall knowingly point or discharge a firearm at or in the direction of another whether the actor believes the firearm to be loaded or not. Reckless Endangerment is a Class A offense.

3-1-12 Vehicular Homicide

Any person who shall, while under the influence of an alcoholic beverage or a controlled substance or drug to a degree which renders him incapable of safely driving a vehicle, cause the death of another by operating a motor vehicle, shall be guilty of Vehicular Homicide. Vehicular Homicide is a Class A offense.

3-1-13 Weapons, Carrying Concealed

Any person, other than a bona fide law enforcement officer of any jurisdiction, who shall go in a public place armed with a loaded or unloaded firearm, any explosive device, any instrument with a sharpened blade longer than four inches, or a club longer than twelve inches, concealed upon his or her person, unless he or she shall have a current valid permit to carry such a weapon concealed signed by the Chief of the Colville Tribal Police under regulations promulgated by the chief, shall be guilty of Carrying A Concealed Weapon. Carrying A Concealed Weapon is a Class A offense. Weapons lawfully seized under this section may be forfeited to the Tribes pursuant to tribal civil forfeiture procedures.

(Adopted 11/20/86, Resolution 1986-598)

3-1-14 Weapons, Firing

Any person, excepting a bona fide law enforcement officer acting within the scope of his or her duty, who discharges a firearm within any settled community on the lands of the Colville Indian Reservation shall be guilty of Unlawful Discharge of a Firearm. Unlawful Discharge of a Firearm is a Class B offense. Weapons lawfully seized under this section may be forfeited to the Tribes pursuant to Tribal civil forfeiture procedures.

(Adopted 11/20/86, Resolution 1986-598)

3-1-15 Stalking

(a) A person commits the offense of stalking if the person:

(1) purposefully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear bodily injury, indecent liberties, rape, death of himself or herself or a family or household member or uninvited intrusion into a residence or place of employment; and

(2) has knowledge or should have knowledge that the specific person will be placed in reasonable fear of bodily injury, indecent liberties, rape, death of himself or herself or a family or household member, or uninvited intrusion into a residence or place of employment; and

(3) whose acts induce fear in the specific person of bodily injury, indecent liberties, rape, death of himself or herself or a family or household member or uninvited intrusion into a residence or place of employment.

(b) For purposes of this section:

(1) “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person or repeatedly conveying verbal or written threats, or threats implied by conduct or a combination thereof directed at or toward a person.

(2) “Repeatedly” means on two or more occasions.

(3) "Has knowledge" means a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person's own conduct or that the circumstances exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence. Equivalent terms, such as "knowing" or "with knowledge", have that same meaning.

(c) Attempts to engage in this course of conduct after being given actual notice that the person does not want the course of conduct to continue constitutes prima facie evidence that the stalker’s actions are purposeful, as required in (a)(1) of this section, and that the stalker has knowledge, as required in (a)(2) of this section.

(d) A conviction for the offense of stalking is a Class C offense, except that a conviction is a Class B offense if any of the following apply:

(1) the stalker has previously been convicted of the offense of stalking under this section;

(2) the stalker has previously been convicted in Tribal Court or another court of domestic violence, or harassment of the same victim or any person specifically named in a protective order;

(3) the stalking violates any protective order protecting the person being stalked;

(4) the stalker was armed with a deadly weapon while stalking the person;

(5) the stalker’s victim is or was a law enforcement officer, judge, juror, attorney, victim advocate, spokesperson, legislator, or community correction’s officer, and the stalker stalked the victim to retaliate against the victim for an act the victim performed during the course of official duties or to influence the victim’s performance of official duties; or

(6) the stalker’s victim is a current, former, or prospective witness in an adjudicative proceeding, and the stalker stalked the victim to retaliate against the victim as a result of the victim’s testimony or potential testimony.

(Amended 8/19/04, Resolution 2004-529)
(Certified 8/25/04)

3-1-16 Sexual Exploitation of a Minor

(a) A person is guilty of Sexual Exploitation of a Minor if the person, for his, her or another’s sexual gratification, monetary or other benefit:

(1) compels a minor by threat or force to engage in sexually explicit conduct;

(2) aids, invites, employs, authorizes, permits, or causes a minor to engage in sexually explicit conduct; or

(3) being a parent, legal guardian, or person having custody or control of a minor, aids, invites, employs, authorizes, causes or permits the minor to engage in sexually explicit conduct.

(b) “Sexually explicit conduct” means actual or simulated:

(1) sexual intercourse as defined in section 3-1-10 (c);

(2) sexual contact as defined in section 3-1-9 (c);

(3) masturbation;

(4) sadomasochistic abuse for the purpose of sexual stimulation of the viewer;

(5) exhibition of the genitals or unclothed pubic or rectal areas of any minor, or the unclothed breast of a female minor, for the purpose of sexual stimulation of the viewer;

(6) defecation or urination for the purpose of sexual stimulation of the viewer; or

(7) any other conduct done for the purpose of sexual stimulation of the viewer.

(c) Sexual Exploitation of a Minor is a Class A offense.

(d) Defenses are set out in section 3-1-17.

3-1-17 Defenses to prosecution for Indecent Liberties, Rape and Sexual Exploitation of a Minor

In any prosecution for Indecent Liberties, Rape or Sexual Exploitation of a Minor in which lack of consent is based solely upon the alleged victim’s mental incapacity or upon the alleged victim’s being physically helpless, it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed that the alleged victim was not mentally incapacitated or was not physically helpless, as alleged.

(Amended 8/19/04, Resolution 2004-560)
(Certified 8/25/04)

OFFENSES AGAINST PROPERTY

3-1-40 Arson

Any person who shall willfully burn or set on fire any building or who shall willfully set a fire manifestly dangerous to any human or animal life, shall be guilty of Arson. Arson is a Class A offense.

3-1-41 Burglary

Any person who shall enter or remain unlawfully in a building, structure, or vehicle with the purpose of committing an offense therein, unless he is licensed or privileged to enter, shall be guilty of Burglary. Burglary is a Class A offense.

3-1-42 Destruction of Advertisement

Any person who shall, without proper authorization, destroy, deface or remove any sign or advertisement authorized by law, shall be guilty of Destruction of Advertisement. Destruction of Advertisement is a Class C offense.

3-1-43 Embezzlement

Any person who shall, having lawful custody of property not his own, appropriate the same to his own use with intent to deprive the owner thereof, shall be guilty of Embezzlement. Embezzlement is a Class B offense.

3-1-44 Extortion

Any person who shall willfully, by making false charges against another person or by any other means whatsoever, extort anything of value, shall be guilty of Extortion. Extortion is a Class B offense.

3-1-45 Failure to Control or Report Fire

Any person who shall know that a fire is endangering life or a substantial amount of property of another while he is under an official, contractual or other legal duty to prevent or combat the fire, and who shall fail to report the fire promptly and to take reasonable measures to control or put out the fire when he can do so without substantial risk or harm to himself, shall be guilty of Failure to Control or Report Fire. Failure to Control or Report Fire is a Class A offense.

3-1-46 Firing Timber

Any person who shall willfully set fire to any timber, woods, meadow, marsh or field within the Reservation, except in accordance with a permit issued by the Council, shall be guilty of Firing Timber. Firing Timber shall be a Class B offense.

3-1-47 Forgery or Counterfeiting

Any person who shall, with intent to defraud, falsely sign, execute, alter or counterfeit any written instrument or currency, shall be guilty of Forgery or Counterfeiting. Forgery and Counterfeiting are Class B offenses.

3-1-48 Fraud

Any person who shall, by willful misrepresentation or deceit or by false interpreting or by the use of false weights or measure, obtain any money or other property shall be guilty of Fraud. Fraud is a Class B offense.

3-1-49 Fraudulent Credit Card Use

Any person who shall use a credit card for the purpose of obtaining property or services with knowledge that the card is stolen, has been revoked or canceled, or is unauthorized for use, shall be guilty of Fraudulent Credit Card Use. Fraudulent Credit Card Use is a Class B offense.

3-1-50 Injury to Public Property

Any person who shall, without proper authority, willfully injure any public property of the Tribes, State of Washington, or the United States, shall be guilty of Injury to Public Property. As used in this statue, all home monitoring equipment supplied by the Tribes to any individual shall be deemed property of the Tribes. Injury to Public Property is a Class B offense.

(Amended 11/13/97, Resolution 1997-714)
(Certified 3/9/01)

3-1-51 Malicious Mischief

Any person who shall maliciously or recklessly disturb, injure or destroy any property of any other person, shall be guilty of Malicious Mischief. Malicious Mischief is a Class B offense.

3-1-52 Receiving Stolen Property

Any person who shall receive or conceal, or aid in receiving or concealing any property, knowing it to be stolen, embezzled, or obtained by fraud or false pretense, robbery or burglary, or other unlawful means, shall be guilty of Receiving Stolen Property. Receiving Stolen Property is a Class B offense.

3-1-53 Removal of Landmarks

Any person who shall willfully remove, alter, or destroy any boundary marker or other landmark erected by the Tribes or the United States within the Reservation, shall be guilty of Removal of Landmarks. Removal of Landmarks is a Class C offense.

3-1-54 Robbery

Any person who shall, in the course of committing a theft, inflict serious bodily injury upon another, or threaten another with, or purposely put another in fear of immediate serious bodily injury, shall be guilty of Robbery. Robbery is a Class A offense.

3-1-55 Theft

Any person who shall take the property of another person with intent to steal shall be guilty of Theft. Theft is a Class B offense.

3-1-56 Theft of Services

Any person who shall obtain services which he knows are available only for compensation, by deception, threat, force or any other means designed to avoid due payment therefor, shall be guilty of Theft of Services. Theft of Services is a Class B offense.

3-1-57 Trespass-Buildings

Any person who shall enter or remain in any building or occupied structure or the premises of another person, knowing that he is not authorized to do so, whether by day or night, shall be guilty of Trespass-Buildings. Trespass-Buildings is a Class C offense.

3-1-58 Trespass-Lands

Any person who shall enter or remain upon any land as to which notice against trespass is given to him by actual communication, or by posting in a manner reasonably likely to come to the attention of intruders or by fencing or other means of enclosure manifestly designed to exclude intruders, or who shall willfully allow livestock to occupy or graze on the fenced lands of another shall be guilty of Trespass-Lands. Trespass-Lands is a Class C offense.

3-1-59 Unauthorized Use of Vehicle

Any person who shall operate another's automobile, airplane, motorcycle, motor boat or other motor propelled vehicle without the consent of the owner shall be guilty of Unauthorized Use of Vehicle. Unauthorized Use of Vehicle is a Class B offense.

3-1-60 Unlawful Disposition of Estate Property

Any person who shall, without proper authority, sell, trade, or otherwise dispose of any property of an estate before determination of the heirs, shall be guilty of Unlawful Disposition of Estate Property. Unlawful Disposition of Estate Property is a Class C offense.

3-1-61 Unlawful Fence Cutting

Any person who shall willfully cut the wire or any member of a fence belonging to another shall be guilty of Unlawful Fence Cutting. Unlawful Fence Cutting is a Class C offense.

3-1-62 Unlawful Green Timber Cutting

Any person who shall, without proper authority cut any standing green timber on the Reservation, shall be guilty of Unlawful Green Timber Cutting. Unlawful Green Timber Cutting is a Class C offense.

3-1-63 Unlawful Issuance of Bank Check

(a) A person commits unlawful issuance of bank check if the person shall, with the intent to defraud, issue, or pass a check, draft or order for payment of money upon any bank or other depository for the purpose of obtaining money, property or any other thing of value, or paying for services, knowing at the time of such issuance or delivery that:

(1) He has insufficient funds in or credit with the bank or depository for payment in full; or

(2) Prior to the issuance or delivery of said check or order he has closed his account with the bank or depository; or

(3) He issues a stop-payment order directing the bank or depository on which the check is drawn not to honor said check and fails to make payment of money in the amount of the check or draft or otherwise arrange a settlement agreed upon by the holder of the check within thirty (30) days of issuing said check or draft.

(b) "Credit", as used in this section, means an arrangement or understanding with the bank or depository for the payment of a check or draft.

(c) Issuing or delivering a check or draft to another person without funds or credit to meet the same shall be prima facie evidence of an intent to defraud.

(d) Unlawful issuance of bank check is a Class C offense.

(Amended 7/3/02, Resolution 2002-408)
(Certified 7/19/02)
(Amended 4/5/83, Resolution 1983-235)

3-1-64 Unlawful Entry into a Sealed Tool Box

It is unlawful for any person, other then those authorized by Fire management, to enter into a sealed fire toolbox. Unlawful Entry into a Sealed Fire Tool Box is a Class C offense.

(Adopted 4/15/04, Resolution 2004-261)
(Certified 4/28/04)

OFFENSES AGAINST THE FAMILY

3-1-90 Abuse of Vulnerable Adult

(a) It shall be unlawful for any person:

(1) To willfully inflict physical or mental pain or injury on an elder or vulnerable adult or threaten to do the same;

(2) To willfully misuse the funds, property or resources of an elder or vulnerable adult for profit or advantage; or

(3) Who is responsible for the care of an elder or vulnerable adult, to willfully fail to provide food, clothing, shelter, medical care or other services reasonably necessary to sustain the life and health of an elder or vulnerable adult.

(b) A Tribal Police Officer shall arrest any person whom he has probable cause to believe has violated this section by inflicting physical pain or injury on an elder or vulnerable adult or threatened to do the same.

(c) In addition to any other penalty imposed for a violation of this section, the Tribal Court may grant any other civil or equitable remedy.

(d) Abuse of Vulnerable Adults is a Class B offense.

3-1-91 Bigamy

Any person who shall, knowing that he has a husband or wife, or knowing that the other person has a husband or wife, purport to marry another person, shall be guilty of Bigamy. Bigamy is a Class B offense.

3-1-92 Contributing to the Delinquency of a Child

Any person who shall, by act or omission, encourage, cause or contribute to the delinquency of a child shall be guilty of Contributing to the Delinquency of a Child. Contributing to the Delinquency of a Child is a Class B offense.

3-1-93 Criminal Non-Support

Any person who shall, without just cause, fail to provide for the support of his spouse, child or other dependent who is in needy circumstances, shall be guilty of Criminal Nonsupport Criminal Nonsupport is a Class B offense.

3-1-94 Distributing Alcohol to a Person Under Twenty-One

Any person who shall sell, barter or give any alcoholic beverage to any person under the age of twenty-one years shall be guilty of Distributing Alcohol to a Person Under twenty-one. Distributing Alcohol to a Person Under twenty-one is a Class B offense.

3-1-95 Endangering the Welfare of a Child

Any person who shall, being a parent, guardian, or supervisor of the welfare of a child, knowingly endanger the child's welfare by violating a duty of care, protection or support, or by intentionally leaving or abandoning the child without care, or by otherwise neglecting to care for the child in any manner which threatens serious harm to the physical, emotional or mental well-being of the child, shall be guilty of Endangering the Welfare of a Child. Endangering the Welfare of a Child is a Class B offense.

3-1-96 Failure to Send a Child to School

Any person who shall, without just cause, neglect or refuse to send any child under 16 years of age under his care or custody to school, shall be guilty of Failure to Send a Child to School. Failure to Send a Child to School is a Class C offense.

3-1-97 Incest

Any person who shall knowingly marry, cohabit or have sexual intercourse or sexual contact with a person he knows to be an ancestor or descendant, brother, sister, aunt, uncle, nephew, niece or first cousin, any of which are of the whole or half blood, shall be guilty of Incest. Incest is a Class B offense.

OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT

3-1-120 Bail Jumping

Any person who shall, having been released on bail or on his own recognizance by court order or other lawful authority upon condition that he subsequently appear on a charge of an offense, fail without just cause to appear at the time and place lawfully designated for the appearance, shall be guilty of Bail Jumping. Bail Jumping is a Class C offense.

3-1-121 Bribery

Any person who shall promise, offer or give or cause to be promised, offered or given, any money, property, services or other thing of value to any officer, employee or representative of any tribal organization, with intent to influence his decision or action on any matter, which may be brought or is pending before him in his official capacity, and any person who, being such officer, employee or representative or person so acting, shall solicit or accept any such bribe, shall be guilty of Bribery. Bribery is a Class B offense.

3-1-122 Conspiracy to Commit Offense

Any two or more persons who shall conspire to commit an offense enumerated in this Code against the Tribe or any human being, one or more of whom shall do an act to effect the object of the conspiracy, shall each be guilty of Conspiracy to Commit an Offense. Conspiracy to Commit an Offense is a Class B offense.

3-1-123 Disobedience of a Lawful Court Order

Any person who shall willfully disobey any lawful order, subpoena, or warrant of the Tribal Court or any officer thereof, shall be guilty of Disobedience of a Lawful Court Order. Disobedience of a Lawful Court Order is a Class B offense.

3-1-124 Doing Business Without a License

Any person who shall, without a valid license from the Council, commence or carry on any business, trade, profession or calling on the Reservation, the transaction or carrying on of which is required by this Code to be licensed, shall be guilty of Doing Business Without a License. Doing Business Without a License is a Class C offense.

3-1-125 Escape

Any person who shall, being in lawful custody for any offense, escape or attempt to escape, or fail to return to official detention following temporary leave granted by the Tribes for any purpose (excluding probation, parole, or release on bail) or who shall permit or assist or attempt to permit and assist another person to escape, shall be guilty of Escape. As used in this statue, "Official Detention" is the place of detention set by the jail board under section 2-1-179 and may include home, work or other location as set by the Jail Board. Escape is a Class B offense.

(Amended 11/13/97, Resolution 1997-714)
(Certified 3/9/01)

3-1-126 False Alarm

Any person who shall knowingly cause a false fire alarm or alarm of other emergency to be transmitted to or within any organization, official or volunteer for dealing with emergencies involving danger to life or property, shall be guilty of False Alarm. False Alarm is a Class C offense.

3-1-127 False Arrest

Any person who shall willfully and knowingly make, or cause to be made, the unlawful arrest, detention, or imprisonment of another person, shall be guilty of False Arrest. False Arrest is a Class B offense.

3-1-128 Impersonating a Public Servant

Any person who shall falsely pretend to hold a position of public office or employment with the purpose of inducing another to submit to such pretended official authority, shall be guilty of Impersonating a Public Servant. Impersonating a Public Servant is a Class B offense.

3-1-129 Intimidation

Any person who shall, directly or indirectly, use unjustified force or violence or threaten the use thereof or engage in any other unlawful act with intent to force or coerce any other person to do something against such person's will shall be guilty of Intimidation. Intimidation is a Class B offense.

3-1-130 Intimidation of a Public Officer

Any person who shall, directly or indirectly, use unjustified force or violence, or threaten the use thereof, to a public officer with intent to influence or interfere with performance of an official function, shall be guilty of Intimidation of a Public Officer. Intimidation of a Public Officer is a Class B offense.

3-1-131 Misuse of Public Funds

Any person who shall, being a public servant or other person charged with receipt, safekeeping, transfer or disbursement of public funds, without lawful authority, appropriate funds to his own use or the use of another, or who shall otherwise handle public funds in a manner not authorized by law, shall be guilty of Misuse of Public Funds. Misuse of Public Funds is a Class B offense.

3-1-132 Obstructing a Governmental Function

Any person who shall, directly or indirectly, use unjustified force or violence, or threaten the use thereof or engages in any other unlawful act with intent to influence or interfere with performance of an official duty by a public officer shall be guilty of Obstructing a Governmental Function. Obstructing a Governmental Function is a Class B offense.

3-1-133 Obstructing Justice

(a) A person shall be guilty of Obstructing Justice when such person purposely hinders the apprehension, prosecution, conviction, or punishment of himself or another for the commission of an offense.

(b) Obstructing Justice is a Class B offense.

(Amended April 15, 2004, Resolution 2004-247)
(Certified 4/30/04)

3-1-134 Perjury

Any person who shall willfully and knowingly in any judicial proceeding in the Tribal Court, falsely swear or interpret, or make a sworn statement or affidavit, or induce or procure another person to do so, shall be guilty of Perjury. Perjury is a Class A offense.

3-1-135 Refusing to Aid an Officer

Any person who shall neglect or refuse, when called upon by a police officer, to assist in the arrest of any person charged with or convicted of any offense or in securing such offender when apprehended, or in conveying such offender to the nearest place of confinement, shall be guilty of Refusing to Aid an Officer. Refusing to Aid an Officer is a Class B offense.

3-1-136 Resisting Arrest or Process

Any person who shall willfully and knowingly by force or violence resist or assist another person to resist a lawful arrest or the serving or execution of any legal process, shall be guilty of Resisting Arrest or Process. Resisting Arrest or Process is a Class B offense.

3-1-137 Tampering with Evidence

Any person who shall, without proper authority, willfully and knowingly alter, destroy, conceal or remove any record, document or thing belonging to or kept by the community for information or record, or which is being kept by appropriate authorities for evidentiary purposes in an official proceeding or investigation, shall be guilty of Tampering with Evidence. Tampering with Evidence is a Class B offense.

3-1-138 Tampering with Witness or Juror

Any person who shall, believing that an official proceeding or investigation is pending or about to be instituted, cause himself or another person to testify or inform falsely or to withhold, destroy or conceal any information, document or thing or its authenticity or availability, or to elude legal process summoning him to testify or supply evidence, or who shall attempt to influence by any means the vote or decision of a jury member shall be guilty of Tampering with Witness or Juror. Tampering with Witness or Juror is a Class B offense.

OFFENSES AGAINST PUBLIC MORALS, ORDER AND WELFARE

3-1-170 Cruelty to an Animal

Any person who shall willfully and knowingly torture or seriously overwork an animal, abandon, or fail to provide necessary food, care or shelter for an animal without legal privilege to do so, or cause one animal to fight with another, shall be guilty of Cruelty to an Animal. Cruelty to an Animal is a Class C offense.

3-1-171 Curfew Violation

Any person whose child shall violate any juvenile curfew established in this Code or by tribal resolution or Chapter shall be guilty of a Curfew Violation. A Curfew Violation is a Class C offense.

3-1-172 Desecration

Any person who shall willfully deface, damage, pollute or otherwise physically mistreat any public monument, building structure or place of worship or burial, or who for exhibition or display shall place or cause to be placed any mark, work, or design upon, or shall publicly mutilate, deface or defile, or use in connection with any advertisement of any nature, any official flag of the United States, the State of Washington, or the Colville Confederated Tribes, shall be guilty of Desecration. Desecration is a Class C offense.

3-1-173 Disorderly Conduct

Any person who shall engage in fighting in a public place, or who shall disturb or annoy any public or religious assembly, or who shall disturb other persons while in an intoxicated or disorderly condition, or who shall make unreasonable noise or offensively coarse utterances, gestures, shall be guilty of Disorderly Conduct. Disorderly Conduct is a Class C offense.

3-1-174 Drug Abuse

Any person, under the jurisdiction of this Law and Order Code, who violates any of the following subsections shall be guilty of committing the offense of drug abuse and upon conviction shall be sentenced according to the penalties herein described.

3-1-175 Definitions

As used in this section:

(a) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body.

(b) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I and II.

(c) “Delivery” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(d) “Distribute” means to deliver other than by administering or dispensing a controlled substance.

(e) “Drug” means (1) substances recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement of any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (3) substances (other than food) intended to affect the structure of any function of the body of man or animals; (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. It does not include devices or their components, parts, or accessories.

(f) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by:

(1) A practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice, or

(2) A practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.

(g) “Marijuana” means all parts of the plant of the genus Cannabis L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(h) “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.

(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, but not including the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(i) “Production” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.

(Adopted 4/17/86, Resolution 1986-170)

3-1-176 Schedule I

(a) The controlled substances listed in this section, by whatever official name, common or unusual name, chemical name, or brand name, are included in Schedule I.

(b) Opiates: Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and esters, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acethylmethadol;

(2) Allylprodine;

(3) Alphacethylmethadol;

(4) Alphameprodine;

(5) Alphamethadol;

(6) Benzathidine;

(7) Betacethylmethadol;

(8) Betameprodine;

(9) Betamethadol;

(10) Betaprodine;

(11) Clonitazene;

(12) Dextromoramide;

(13) Diampromide;

(14) Diethylthiabutene;

(15) Difenoxin;

(16) Dimenoxadol;

(17) Dimepheptanol;

(18) Dimethylthiambutene;

(19) Dioxaphetyl butyrate;

(20) Dipipanone;

(21) Ethylmethylthiambutene;

(22) Etonitazene;

(23) Etoxeridine;

(24) Furethidine;

(25) Hydroxypethidine;

(26) Ketobemidone;

(27) Levomoramide;

(28) Levophenacylmorphan;

(29) Morpheridine;

(30) Noracymethadol;

(31) Norlevorphanol;

(32) Normethadone;

(33) Norpipanone;

(34) Phenadoxone;

(35) Phenampromide;

(36) Phenomorphan;

(37) Phenoperidine;

(38) Piritramide;

(39) Propheptazine;

(40) Properidine;

(41) Propiram;

(42) Racemoramide;

(43) Trimeperidine.

(c) Opium derivative: Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation

(1) Acetorphine;

(2) Acetyldihydrocodeine

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cypernorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Drotebanol;

(10) Etorphine (except hydrochloride salt);

(11) Heroin;

(12) Hydromorphinol;

(13) Methyldesorphine;

(14) Methyldihydromorphine;

(15) Morphine methylbromide;

(16) Morphine methylsulfonate;

(17) Morphine-N-Oxide;

(18) Myrophine;

(19) Nicocodeine;

(20) Nicormorphine;

(21) Normorphine;

(22) Phoclodine;

(23) Thebacon.

(d) Hallucinogenic substances: Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, or which contains any of these salts, isomers, and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation. (For purposes of paragraph (d) of this section, only the term “isomer” includes the optical, position, and geometric isomers):

(1) 3,4-methylenedioxy amphetamine;

(2) 5-methoxy-3,4-methylenedioxy amphetamine;

(3) 3,4,5- trimethoxy amphetamine;

(4) 4-bromo-2,5-dimethoxyamphetamine;

(5) 2,5-dimethoxyamphetamine;

(6) 4-methoxyamphetamine;

(7) 4-methyl-2,5-dimethoxyamphetamine;

(8) Bufotenine;

(9) Diethyltryptamine;

(10) Dimethyltryptamine;

(11) Ibogaine;

(12) Lysergic acid diethylamide;

(13) Marijuana;

(14) Mescaline;

(15) Peyote: meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds, or extracts; except the use, possession, transportation, cultivation and/or delivery of peyote by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a traditional Indian religion shall not be unlawful, so long as that use, possession, transportation, cultivation and/or delivery complies with Federal regulations as authorized in 42 U.S.C. 1996a.

(Amended 1/9/97, Resolution 1997-3)

(16) N-ethyl-3-piperidyl benzilate;

(17) N-methyl-3-piperidyl benzilate;

(18) Psilocybin;

(19) Psilocyn;

(20) Tetrahydrocannabinols: synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, specifically, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:

(A) Delta 1-cis-or trans tetrahydrocannabinol, and their optical isomers;

(B) Delta 6-cis-or trans tetrahydrocannabinol, and their optical isomers;

(C) Delta 3.4-cis-or trans tetrahydrocannabinol, and its optical isomers; (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered, are all included).

(21) Ethylamine analog of phencyclidine;

(22) Pyrrolidine analog of phencyclidine;

(23) Thiopene analog of phencyclidine.

(e) Depressant: Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of mecloqualone having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.

(Adopted 4/17/86, Resolution 1986-170)

3-1-177 Schedule II

(a) The drugs and other substances listed in this section, by whatever official name, common or usual name, chemical name, or brand name designated, are included in Schedule II.

(b) Substances- (Vegetable origin or chemical synthesis.) Unless specifically excepted, any of the following substances, except those listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following:

(A) Raw opium;

(B) Opium extracts;

(C) Opium fluid extracts;

(D) Powdered opium;

(E) Granulated opium;

(F) Tincture of opium;

(G) Codeine;

(H) Ethylmorphine;

(I) Etorphine hydrochloride;

(J) Hydrocodone;

(K) Hydromorphone;

(L) Metopon;

(M) Morphine;

(N) Oxycodone;

(O) Oxymorphone; and

(P) Thebaine.

(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (b) (1) of this section, but not including the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves and salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocanized coca leaves or extractions which do not contain cocaine or ecgonine.

(5) Concentrate of poppy straw. (The crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy.)

(c) Opiates: Unless specifically excepted or unless in another schedule, any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan excepted:

(1) Alphaprodine;

(2) Anileridine;

(3) Bezitramide;

(4) Dihydrocodeine;

(5) Diphenozylate;

(6) Fentanyl;

(7) Isomethadone;

(8) Levomethorphan;

(9) Levorphanol;

(10) Metazocine;

(11) Methadone;

(12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;

(13) Moramide-intermediate, 2-methyl-3-moropholino-1, 1-diphenylpropanecarboxylic acid;

(14) Pethidine (meperidene);

(15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(18) Phenazocine;

(19) Piminodine;

(20) Racemethorphan;

(21) Racemorphan.

(d) Stimulants: Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

(1) Amphetamine, its sales, optical isomers, and salts of its optical isomers;

(2) Methamphetamine, its salts, isomers, and salts of its isomers;

(3) Phenmetrazine and its salts;

(4) Methylphenidate.

(e) Depressants: Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Amobarbital;

(2) Methaqualone;

(3) Pentobarbital;

(4) Phencyclidine;

(5) Phencyclidine immediate precursors;

(A) 1-phenylcyclophexylamine;

(B) 1-piperidinocyclohexanecarbonitrile (PPC);

(6) Secobarbital.

(Adopted 4/17/86, Resolution 1986-170)

3-1-178 Drug Paraphernalia: Definitions

(a) Drug paraphernalia means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes, but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances;

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(10) Containers and other objects used, intended for use, or designed for use in storing and concealing controlled substances;

(11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish oil into the human body, such as:

(A) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

(B) Water pipes;

(C) Carburetion tubes and devices;

(D) Smoking and carburetion masks;

(E) Roach clips-meaning objects used to hold burning material, such as a marijuana cigarette, that has become to small or too short to be held in the hand;

(F) Miniature cocaine spoons, and cocaine vials;

(G) Chamber pipes;

(H) Carburetor pipes;

(I) Electric pipes;

(J) Air-driven pipes;

(K) Chillums;

(L) Bongs; and

(M) Ice pipes, or chillers.

(b) In determining whether an object is drug paraphernalia under this section, a court or other authority should consider, in addition to all other logically relevant facts, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use;

(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state, federal or tribal law relating to any controlled substance;

(3) The proximity of the object, in time and space, to a direct violation of this Chapter;

(4) The proximity of the object to controlled substances;

(5) The existence of any residue of controlled substances on the object;

(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this Chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this Chapter shall not prevent a finding that the object is intended or designed for use as drug paraphernalia;

(7) Instructions, oral or written, provided with the object concerning its use;

(8) Descriptive materials accompanying the object which explain or depict its use;

(9) National and local advertising concerning its use;

(10) The manner in which the object is displayed for sale;

(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

(13) The existence and scope of legitimate uses for the object in the community; and

(14) Expert testimony concerning its use.

(Adopted 4/17/86, Resolution 1986-170)

3-1-179 Prohibited Acts (Manufacture, Cultivate, Deliver):Penalties

Except as authorized by this section, it is unlawful for any person to manufacture, cultivate, deliver, or possess with intent to manufacture or deliver, a controlled substance. Any person who violates this subsection is guilty of a Class A crime.

3-1-180 Prohibited Acts (Possession): Penalties

Except as authorized by this section, it is unlawful for any person to possess a controlled substance. Any person who violates this subsection with respect to:

(a) Possession-More than Forty Grams: possession of a controlled substance of more than forty grams is guilty of a Class A crime.

(b) Possession-Less than Forty Grams: possession of a controlled substance of less than forty grams is guilty of a Class A crime.

3-1-181 Prohibited Acts (Drug Paraphernalia): Penalties

Except as authorized by this section, it is unlawful for any person to possess any drug paraphernalia. Any person who violates this subsection is guilty of a Class A crime.

3-1-182 Defenses

Any person lawfully involved in the possession, distribution, manufacture or delivery of any controlled substance listed in Schedule I and II (sections 3-1-176 and 3-1-177) shall not be in violation of this section.

(Adopted 4/17/86, Resolution 1986-170)

3-1-183 Failure to Disperse

Any person who shall refuse to knowingly fail to obey an order given by a law enforcement officer or other public servant to leave the immediate vicinity in which he is performing a law enforcement function at the scene of a riot, fire, public disorder, accident, offense or other situation involving public alarm, shall be guilty of Failure to Disperse. Failure to Disperse is a Class C offense.

3-1-184 Failure to Have Sewer Connection

Any person who shall fail to have his home connected to the Colville sewer system, under the Colville Sewer Chapter, shall be guilty of Failure to Have a Sewer Connection. Failure to Have a Sewer Connection is a Class B offense.

3-1-185 Gambling

Any person who shall violate any ordinance, rule or regulation adopted by the Colville Business Council for the control or regulation of gambling on the Colville Reservation shall be guilty of Gambling. Gambling is a Class B offense.

3-1-186 Indecent Exposure

Any person who shall, for the purpose of arousing or gratifying sexual desire of himself or of any other human other than his spouse, exposes his sexual parts under circumstances in which he knows his conduct is likely to cause affront or alarm, shall be guilty of Indecent Exposure. Indecent Exposure is a Class C offense.

3-1-187 Intoxication

Any person who shall, under circumstances not amounting to disorderly conduct, be under the influence of an intoxicating beverage, drug or other controlled substance, or a substance dangerous to himself or another, in a public place, shall be guilty of Intoxication. Intoxication is a Class C offense.

3-1-188 Littering

Any person who shall dispose of any garbage or other litter anywhere within the Reservation except in public waste disposal grounds designated by the Council, or who, without lawful permission, shall store or allow to accumulate any wrecked, junked or unserviceable vehicles, appliances or implements anywhere on the Reservation shall be guilty of Littering. Littering is a Class C offense.

3-1-189 Obscenity

Any person who shall sell, delivery, or provide any obscene writing, picture, record or other representation that is obscene, or presents an obscene place, dance, performance or exhibition, shall be guilty of Obscenity. The definition of "obscene" shall be the same as that of the laws of the State of Washington. Obscenity is a Class B offense.

3-1-190 Possession of an Alcoholic Beverage by a Person Under 21

Any person who, being under the age of 21 years old, shall possess, purchase, consume, obtain, or sell any beer, wine, ale, whiskey or other alcoholic beverage or misrepresent his age for the purpose of buying or otherwise obtaining an alcoholic beverage shall be guilty of Possession of an Alcoholic Beverage by a Person Under 21. Possession of an Alcoholic Beverage by a Person Under 21 is a Class C offense.

3-1-191 Use or Possession of Alcoholic Beverages Prohibited—Community Centers

The use or possession of alcoholic beverages on the premises of the four district community centers is prohibited. Any person who shall use or possess alcoholic beverages on the premises of any of the District Community Centers shall be guilty of Use or Possession of Alcoholic Beverages and/or drugs at Community Center. Violation of this section is a Class C offense.

(Adopted 8/20/79, Resolution 1979-605)

3-1-192 Prostitution

Any person who shall loiter in or within view of a public place for the purpose of being hired to engage in, or who shall engage in, or offer or agree to engage in, any sexual activity with another person for a fee, or who shall pay or offer or agree to pay another person a fee for the purpose of engaging in an act of sexual activity, or who shall own, control, manage, supervise or keep a house of prostitution or a prostitution business, or who shall procure or attempt to procure a prostitute for another, or who shall encourage, induce or purposely cause another to become or remain a prostitute, shall be guilty of Prostitution. Prostitution is a Class B offense.

3-1-193 Rigging Games or Exhibitions

Any person who shall, with the purpose of preventing a publicly exhibited contest or game from being conducted in accordance with the rules and usage purporting to govern it, confer or offer or agree to confer, any benefit upon or solicit or accept from, any benefit upon, or threaten any injury to, a participant, official or other person associated with the contest or game or who shall tamper with any person, animal or thing, associated with the contest or game, shall be guilty of Rigging a Game or Exhibition. Rigging a Game or Exhibition is a Class B offense.

3-1-194 Public Nuisance

Any person who shall, without proper authority, do any act or fail to perform any duty, which act or omission unreasonably annoys, injures or endangers the comfort, repose, health, property or safety of any person, or which offends public decency, shall be guilty of Public Nuisance. Public Nuisance is a Class C offense.

3-1-195 Riot

Any person who shall simultaneously with two or more other person engage in violent conduct and thereby knowingly or recklessly create a substantial risk of causing public alarm, shall be guilty of Riot. Riot is a Class A offense.

3-1-196 Spreading Venereal Disease

Any person who shall, knowing or having reason to believe that he has a venereal disease, infect another person with venereal disease, shall be guilty of Spreading Venereal Disease. Spreading Venereal Disease is a Class C offense.

3-1-197 Sworn Falsification

Any person who shall with intent to mislead a public officer in the performance of an official function, make a false written statement which he does not believe to be true or submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity, shall be guilty of a Sworn Falsification. A Sworn Falsification is a Class C offense.

3-1-198 Unlawful Possession of Fireworks

Any person who shall perform any activity which would be violative of the fireworks laws of the Colville Confederated Tribes shall be guilty of Unlawful Possession of Fireworks. Unlawful Possession of Fireworks is a Class C offense.

(Amended 6/5/86, Resolution 1986-288)

3-1-199 Unlawful Discharge or Display of Fireworks

(a) A person commits unlawful discharge or display of fireworks if the person shall willfully discharge any fireworks without a permit issued by the Chief of Tribal Police on or within the following areas:

(1) Parks;

(2) Forest lands;

(3) Range lands;

(4) Celebration grounds;

(5) Recreational areas; or

(6) Any other lands not owned by the person discharging or displaying the fireworks.

(b) Unlawful discharge of displaying of fireworks is a Class C offense.

(Amended 5/16/02, Resolution 2002-313)
(Certified 7/19/02)
(Transcription error corrected 11/8/00)
(Adopted 6/6/83, Resolution 1983-410)

3-1-200 Carrying or Displaying a Weapon

Any person who shall (1) carry concealed on his person, or (2) carry, exhibit, display or draw any pistol, firearm, dagger, sword, knife, or other cutting or stabbing instrument, club, or any other weapon, apparently capable of producing bodily harm in a manner, under circumstance, and at any time in tribal or BIA buildings on the Reservation, that either manifests in intent to intimidate other or that warrants alarm for the safety of other persons shall be guilty of carrying or displaying a weapon. The provision of this section shall not apply to any person who by virtue of his office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty or to any person engaged in military activities sponsored by federal or state governments. Carrying or Displaying a Weapon is a Class A offense.

(Adopted 5/22/80, Resolution 1980-382)

3-1-201 Reckless Burning

(a) A person is guilty of reckless burning if he or she recklessly:

(1) Damages a building or other structure or any vehicle, railway car, aircraft or watercraft or any hay, grain, crop, or timber whether cut or standing, by knowingly causing a fire or explosion; or

(2) Causes a fire or explosion and thereby places forest lands in danger of destruction or damage; or

(3) Smokes during a closed season in a closed area, unless in a vehicle with an ashtray.

(b) Reckless burning is a Class C offense.

(Adopted 4/15/04, Resolution 2004-261)
(Certified 4/28/04)

OTHER OFFENSES

3-1-230 Violation of Tribal Ordinance

Any person who shall violate any Tribal Ordinance or any other Council enactment designed to preserve the peace, health, safety, welfare and morals of the Reservation, for which violation a punishment is not prescribed under any other provision of this Code or the Ordinance or enactment itself, shall be guilty of Violation of Tribal Ordinance. Violation of Tribal Ordinance is a Class B offense.

3-1-231 Violation of Federal or State Law

Any person who shall commit any act which would be violative of federal criminal law or Washington criminal law, unless authorized by Tribal law, shall be guilty of Violation of Federal or State law under this Section. Violation of Federal or State Law is a Class A offense.

3-1-232 Aiding or Abetting

Any person who shall counsel, encourage, solicit, request, aid, procure or abet another to commit an offense under this Chapter or under any ordinance or regulation of the Colville Business Council shall be guilty of aiding or abetting. Aiding or Abetting an offense is an offense of the same classification as the offense aided or abetted.

3-1-233 Attempt

Any person who shall, acting with the specific intent otherwise required for commission of any offense under this Code, engage in conduct constituting a substantial step toward commission of the offense, shall be guilty of Attempt to commit the offense. Attempt to commit an offense is an offense of the same classification as the offense attempted.

PENALTIES

3-1-260 Class A Offense

A person convicted of a Class A offense shall be sentenced to imprisonment for a period not to exceed 360 days, or a fine not to exceed $5000.00, or both imprisonment and a fine.

(Amended 2/13/87, Resolution 1987-81)

3-1-261 Class B Offense

A person convicted of a Class B offense shall be sentenced to imprisonment for a period not to exceed 180 days, or a fine not to exceed $2500.00, or both imprisonment and a fine.

(Amended 2/13/87, Resolution 1987-81)

3-1-262 Class C Offense

A person convicted of a Class C offense shall be sentenced to imprisonment for a period not to exceed 90 days, or a fine not to exceed $1000.00, or both imprisonment and a fine.

(Amended 2/13/87, Resolution 1987-81)

3-1-263 Probation

Except as otherwise provided in this Code, the court shall have the authority to suspend the imposition of sentence on a person who has been convicted of an offense and to place him on probation. The court may attach to the order of probation such reasonable conditions as it deems necessary. At any time before the end of the probationary period, if the court is satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the probation order, or if the defendant has been convicted of another crime, the court may revoke the probation and sentence or re-sentence the defendant as provided in this Code.

3-1-264 Disposition of Fines

All fines and fees collected by the court under the provisions of this Code shall be held in a special account of the Tribes to be used for maintenance of the Court and Law and Order Program.

3-1-265 Registration of Sex Offenders

(a) Any adult or juvenile residing on the Colville Reservation who has been convicted of any sex offense under this Chapter shall register with the Colville Tribal Police Department. For purposes of this Section a “sex offense” means:

(1) The offense of Sexual Assault, Rape, Incest, Indecent Exposure, Indecent Liberties, Child Sexual Abuse and Exploitation or any other act identified as a sex offense under this Chapter.

(2) Any conviction for an attempt, solicitation or conspiracy to commit an act identified in this subsection.

(3) Any conviction in a federal, state or other tribal court that under the laws of the Colville Tribes or the laws of the jurisdiction in which the conviction occurred would be a sex offense as defined in this subsection.

(b) A person shall provide the Tribal Police Department with the following information when registering under this section:

(1) Name;

(2) Address;

(3) Date and place of birth;

(4) Place of employment;

(5) Crime for which convicted;

(6) Date and place of conviction;

(7) Aliases used;

(8) Social security number, and

(9) Age and sex of victims.

Upon registration, the Tribal Police Department shall obtain a photograph and a copy of the fingerprints of the offender.

(c) A person required to register under this section shall do so:

(1) Within twenty-four (24) hours of release, if the offender is in custody as a result of the offense in any state, federal or tribal facility. The agency that has jurisdiction over the offender shall provide notice to the sex offender of the duty to register;

(2) Immediately upon completion of being sentenced, if the offender is not sentenced to serve a term of confinement;

(3) Within twenty-four (24) hours of establishing or re-establishing residence on the Colville Reservation.

(4) Immediately if they are currently residing on the Colville Reservation and are not covered by (c), (1), (2) or (3).

(d) If any person required to register under this section changes their residence address following such registration, the offender must present in person a notice of the change of address and their new address to the Tribal Police Department within ten (10) days prior to establishing the new residence.

(e) Failure to register as provided under this section constitutes a per se violation of this section and is punishable as a Class A offense for those subject to the Colville Tribes criminal jurisdiction, all others will be subject to Exclusion.

(f) The Chief of Police or his designee is authorized to publish or distribute the registration information given under section 3-1-265(b). The registration information shall be available to the public at the Tribal Police Department, the Tribal Administration Building, Tribal Community Centers and all schools on or near the Colville Reservation. The Chief of Police shall be authorized to share the registration information with any law enforcement agency.

3-1-266 Sexual Offender—Residence/Activities

Any sexual offender who is required to register under section 3-1-265 of this chapter shall be guilty of a Class A offense if they:

(a) Reside or maintain an address for residential purposes at any location which is within one mile of a playground, school, Tribal Community Center or other location which is established or designated specifically for the use by and/or enjoyment of children and such location is commonly used by children;

(b) Offenders may not enter onto, or walk by, or park a vehicle within sight of a school or playground while children are present.

(c) Offenders may not attend events where children are present.

(d) Offenders may not reside in a residence where children are present.

(Amended 6/3/99, Resolution 1999-309)
(Certified 10/17/2000)
(Adopted 7/25/96, Resolution 1996-314)

(e) Notwithstanding any other provision of law, offenders under 21 years of age, who have not graduated from high school, may attend school functions located on the Colville Indian Reservation, upon written reasonable conditions as agreed upon by the Colville Tribal Police Services, the School District involved, and parent, guardian or custodian of said offender.

(Amended 11/3/97, Resolution 1997-683)
(Certified 3/21/01)

3-1-267 Crimes Involving Domestic Violence

Sentences for crimes involving domestic violence shall be enhanced in accordance with Chapter 5-5, Domestic and Family Violence.

(Approved 6/3/04, Resolution 2004-385)

PROPERTY SEIZED AS EVIDENCE

3-1-290 Property Seized as Evidence

When any officer in the execution of a valid search shall seize any evidence material to the investigation or prosecution of any offense, the evidence shall be safely kept so long as necessary for the purpose of being produced in evidence at any trial. After the trial, the evidence shall be restored to its owner if it is lawful for the owner to possess it. Otherwise, the property shall be disposed of pursuant to the forfeiture provisions of this Code.

GAMING OFFENSES

3-1-300 Definitions

(a) "Cheat" means to alter the selection of criteria, which determine:

(1) The results of a game; or

(2) The amount or frequency of payment in a game.

(b) "Authorities" means the agent of the Commission, Tribal Police, Federal Law Enforcement Officers, and employees and agents of the Gaming Facility Operator.

(c) "Person" means a member of the Tribes or any non-member Indian within the Reservation or Tribal lands, or any non-Indian acting within the jurisdiction of the Colville Tribes.

3-1-310 Fraudulent Acts

It is unlawful for any person:

(a) To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players;

(b) To place, increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome;

(c) To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won;

(d) Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this section, with the intent that the other person play or participate in that gambling game;

(e) To place or increase a bet after acquiring knowledge of the outcome of the game or other event, which is the subject of the bet, including past-posting and pressing bets;

(f) To reduce the amount wagered or cancels the bet after acquiring knowledge of the outcome of the game or other event, which is the subject of the bet, including pinching bets;

(g) To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.

3-1-320 Use of Device for Calculating Probabilities

It is unlawful for any person at the Gaming Facility to use, or possess with the intent to use, any device to assist:

(a) In projecting the outcome of the game;

(b) In keeping track of the cards played;

(c) In analyzing the probability of the occurrence of an event relating to the game; or

(d) In analyzing the strategy for playing or betting to be used in the game.

3-1-330 Use of Counterfeit or Unapproved Chips or Tokens or Unlawful Coins or Devices; Possession of certain Devices, Equipment, Products or Materials

(a) It is unlawful for any licensed person, enterprise, employee or other person to use counterfeit chips in a gambling game.

(b) It is unlawful for any person, in playing or using any gambling game designed to be played with, receive or be operated by chips or tokens approved by the Commission or by lawful coin of the United States of America knowingly to use other than chips or tokens approved by the Commission or lawful coin, legal tender of the United States of America or to use coin not of the same denomination as the coin intended to be used in that gambling game.

(c) It is unlawful for any person, not a duly authorized employee of the Gaming Facility Operator acting in furtherance of his employment within the Gaming Facility, to have on his person or in his possession on or off the premises of the Gaming Facility any key or device known to have been designed for the purpose of and suitable for opening, entering or affecting the operation of any gambling game, drop box or any electronic or mechanical device connected thereto, for removing money or other contents therefrom.

(d) It is unlawful for any person to have on his person or in his possession any paraphernalia for manufacturing slugs. As used in this subsection, "paraphernalia" for manufacturing "slugs" means the equipment, products and materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips or tokens approved by the Commission or a lawful coin of the United States, the use of which is unlawful pursuant to this Chapter. The term includes, but is not limited to:

(1) Lead or lead alloys;

(2) Molds, forms, or similar equipment capable of producing a likeness of a gaming token or United States coin;

(3) Melting pots or other receptacles;

(4) Torches; and

(5) Tongs, trimming tools or other similar equipment.

(e) Possession of more than one of the devices, equipment, products, or materials described in this section creates a rebuttable presumption that the possessor intended to use them for cheating.

3-1-340 Cheating

It is unlawful for any person, whether he is a principal or employee of the Gaming Facility Operator, or a player in the Gaming Facility, to cheat at any gambling game.

3-1-350 Unlawful manufacture, sale, distribution, marking, altering or modification of equipment and devices associated with gaming; Unlawful instruction

(a) It is unlawful to manufacture, sell or distribute any cards, chips, dice, game or device which is intended to be used to violate any provision of the Colville Tribal Code or this section.

(b) It is unlawful to mark, alter, or otherwise modify any gaming equipment or gaming device, as defined in the Colville Tribal Code in a manner that:

(1) Affects the result of a wager by determining win or loss; or

(2) Alters the normal criteria of random selection, which affects the operation of a game or which determines the outcome of a game.

(c) It is unlawful for any person to instruct another in cheating or in the use of any device for that purpose, with the knowledge or intent that the information or use so conveyed may be employed to violate any provision of the Colville Tribal Code.

3-1-360 Penalties

(a) Any Indian person who violates any provision of this Chapter shall be guilty of a criminal offense punishable by a fine of not more than five thousand dollars ($5,000.00) or by imprisonment for not more than one (1) year, or both.

(b) Any person who violates any provision of this Chapter or any rule or regulation authorized hereunder, shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00), plus court costs, for each violation.

(c) The Tribal Courts shall have jurisdiction over all violations of this Chapter and may, in addition to the penalties prescribed in this Chapter, grant such other relief as is necessary and proper for the enforcement of this Chapter, including but not limited to injunctive relief against acts in violation hereof, subject to arbitration procedures, if any, applicable to any management contract. Nothing, however, in this Chapter shall be construed to authorize or require the criminal trial and punishment of non-Indians except to the extent allowed by any applicable present or future Act of Congress or any applicable Federal Court decision.

3-1-370 Detention and questioning of a person suspected of violating Chapter; Limitations on liability; Posting of notice

The Authorities may question any person in the Gaming Facility suspected of violating any applicable State, Federal or Tribal gaming law. None of the Authorities is criminally or civilly liable:

(a) On account of any such questioning; or

(b) Reporting to the Commission director or its agents, tribal, federal or state regulatory authorities, or law enforcement authorities the identity of the person suspected of the violation.

3-1-380 Disposition of evidence seized by Agent of the Tribal Gaming Commission

(a) After the final adjudication of a complaint involving a violation of this Chapter, or of any other complaint involving the seizure of evidence by agents of the Commission, the Tribal Court may enter an appropriate order disposing of all physical evidence pertaining to the complaint, whether or not the evidence was introduced as an exhibit.

(b) Except as otherwise provided in the previous subsection, evidence seized by an agent of the Commission which does not result in a complaint charging a violation of the law and evidence for which an order of disposition is not entered pursuant to the previous subsection, must be disposed of as follows:

(1) The Commission shall notify by certified mail each potential claimant of the evidence that he has thirty (30) days after receipt of the notice within which to file a written claim with the Commission for return of the evidence.

(2) If more than one person files a claim for the evidence:

(A) The claimants may agree among themselves as to how they wish to divide the evidence, subject to the approval of the Commission.

(B) The claimants may agree to submit the matter to binding arbitration or any claimant may institute legal proceedings before the Tribal Court to determine the proper disposition of the evidence. The Commission shall return the evidence to the claimants in accordance with any agreement approved by the Commission, final judgment or award made pursuant to the provisions of this section.

(3) A person who receives property from the Commission pursuant to this section shall execute such documents as are required by the Commission to defend, hold harmless, indemnify and release the Commission from any liability arising from the delivery of the property to the claimant.

(4) If no claim is submitted, the Commission shall deposit all money with the Tribe and may use all other property for any lawful purpose. The Commission may dispose of any property, which cannot be used for any lawful purpose in any reasonable manner.

(c) Evidence which constitutes a device for cheating, may not be returned to a claimant and must be retained by the Commission. The Commission shall periodically destroy such devices in any reasonable manner.

3-1-390 Unauthorized Gaming

Any member of the Tribe or any nonmember Indian who commits any act of unauthorized gaming on the Reservation or on any Tribal lands shall be guilty of a crime and prosecuted in Tribal Court. Prosecution for such a crime in Tribal Court shall not be exclusive and a finding of guilt or innocence shall not deprive the Federal Government from criminal jurisdiction. However, it is hereby declared that Class I, Class II and Class III Gaming, when conducted on the Reservation or Tribal lands in full compliance with the Colville Tribal Code shall be deemed lawful and not subject to the imposition of any criminal penalties.

(CTC §§ 3-1-300, 3-1-390 Enacted 3/29/01, Resolution 2001-174)
(Certified 4/13/01)

(August 2004 version of Chapter 3-1)

CHAPTER 3-2 EXCLUSION AND REMOVAL

3-2-1 Purpose

The Colville Tribes shall be authorized to exclude nonmembers from the Reservation and to determine conditions upon which they may remain. It is the purpose of this Chapter to provide for exclusion and expulsion of nonmembers from the Reservation who act in disregard of tribal law, destroy tribal fish and game, trespass upon tribal trust property pollute tribal lands and waters, destroy real and personal property of the Tribes or its members or endanger the lives of members on the Reservation to the harm of the natural social and psychological well-being of members or other persons on the Reservation.


3-2-2 Definitions

(a) "Exclusion and removal" means the temporary or permanent expulsion of an individual from within the boundaries of the Colville Reservation.

(b) "Fraud" means a false representation of a matter of material fact by words, conduct, false or misleading allegations, or by concealment of a fact which should have been disclosed which is intended to and does in fact deceive another to his legal injury or detriment.


3-2-3 Persons Subject to Exclusion and Removal

Except as provided by this section, all persons, except those authorized by federal law to be present on tribal land may be excluded or removed from the Colville Reservation or parts thereof. Any person having an interest in real property on the reservation, may be excluded from any portion of the reservation as long as he is not denied access to or the use of such property.


3-2-4 Grounds for Exclusion and Removal

(a) In addition to any remedy or penalty provided by this Code, a person subject to removal and exclusion under this Chapter may be subject to a civil proceeding for exclusion or removal from the Colville Reservation if his conduct substantially threatens or has some direct effect on the political integrity, institutional process, economic security or health or welfare of the Colville Confederated Tribes, its members or reservation residents. In determining whether to issue an order of exclusion, the Court shall consider the number and pattern of acts committed and the history, circumstances and/or significance of each act. Acts for which an individual may be excluded from the reservation may include but are not limited to the following:

(1) Doing or attempting to do any act upon the reservation which unlawfully threatens the peace, health, safety, morals or general welfare of the Tribes, its members, or other persons;

(2) Any act causing serious physical loss or damage of any nature to the property of the Tribes or any reservation resident;

(3) Entering an area in violation of any order of the Business Council designating such area as closed;

(4) Failing or refusing to pay any taxes, rents or other charges justly due the Colville Confederated Tribes or any entity of the Tribes, after reasonable notice and an opportunity to pay, unless such charges or fees are related to an interest in real property;

(5) Mining, prospecting, cutting timber or vegetation or other use, abuse, taking of or damage to tribal property without authorization;

(6) Committing a fraud;

(7) Trading or conducting business within the reservation in violation of tribal law;

(8) Hunting, fishing or trapping without lawful authority or permission or in violation of tribal or federal law;

(9) Disturbing or excavating items, sites or locations of religious, historic or scientific significance without the authority of the Tribes or in violation of tribal or federal law;

(10) Failing to obey an order of the Tribal Court; or

(11) Committing any criminal offense as defined by state, federal or tribal law.
3-2-5 Proceedings for Exclusion

Subject to this section, the Tribal Prosecutor may bring an exclusion action pursuant to this Chapter on behalf of the Tribes by filing a complaint in Tribal Court. Before filing such complaint, the prosecutor shall cause any proposed exclusion and removal to be investigated sufficiently to determine whether an action under this Chapter shall be filed on behalf of the Tribes and shall obtain the approval of the Business Council. The filing of a complaint under this Chapter shall constitute a civil cause of action.


3-2-6 Hearing on Exclusion and Removal

(a) Unless otherwise provided by this Chapter and upon the filing of a complaint for exclusion and removal, the procedures for civil actions under this Code shall apply. If the Tribal Court shall have reasonable cause to believe that an emergency exists, and the notice so states, an exclusion and removal hearing under may be held after twenty-four (24) hours from the time of service or mailing whichever is later.

(b) The burden of proof shall be upon the Tribal Prosecutor to prove by a preponderance of the evidence that the respondent committed one or more of the acts set forth in this Chapter. If the respondent is found to have committed such act(s), the Court shall issue an order of exclusion and removal which shall include the duration of the exclusion. If an order of exclusion and removal is issued, the court may defer or suspend the order and permit the respondent to remain upon the reservation on such conditions as the court may prescribe. If the respondent is not present at such hearing or if a decision is not rendered until after the hearing, appropriate notice shall be served on the respondent in the manner provided above informing him of the action of the Tribal Court and such notice shall include a copy of any order issued under this section. An order issued under this section shall remain in force for the duration provided in the order or, unless the order specifically provides otherwise, until revoked by the court or the Business Council.


3-2-7 Appeals

Any person upon whom an order is issued as provided in this Chapter may appeal such order to the Colville Court of Appeals as provided by this Code.


3-2-8 Enforcement of Orders of Exclusion and Removal

(a) Any person who does not obey an order of exclusion or assists another person in violating an order of exclusion issued by the Tribal Court pursuant to this Chapter shall be in violation of this Code for which the court may issue one or more of the following orders:
(1) Direct any tribal police officer to remove the respondent from the reservation or portions of the reservation covered by the exclusion order at the respondent's expense;

(2) Direct any tribal police officer to prevent the respondent from reentry onto any reservation lands covered by the exclusion order for so long as the order remains in effect;

(3) Refer the matter to the Superintendent of the Colville Indian Agency and/or the United States Attorney for appropriate action; or

(4) Prosecute the respondent and/or take any other action authorized under any applicable Tribal, Federal or State law.

CHAPTER 3-3 MOTOR VEHICLES

STATE MOTOR VEHICLE LAWS INCORPORATED

3-3-1 Provisions Incorporated

The substantive provisions of the following parts of the Revised Code of Washington as presently constituted or hereafter amended are incorporated herein as provisions of this Code and shall apply to all persons subject to the jurisdiction of the Colville Tribal Court: RCW Chapters 46.04, 46.37, 46.44, 46.48, 46.61, and RCW 46.20.343, 46.52.010, 46.52.020, 46.52.030, 46.52.035, 46.52.040
3-3-2 Amendments

Amendments, additions or deletions to or from such provisions by the State of Washington after the enactment of this Code shall become a part hereof for all purposes unless the Council by Chapter or resolution specifically provides otherwise.


3-3-3 Motor Vehicle Offenses

It is unlawful for any person to operate, drive or move a motor vehicle on the roads of the Colville Indian Reservation in violation of any of the requirements of section 3-3-1 or to do any act forbidden or fail to perform any act required by section 3-3-1.


3-3-4 Driving Without a Valid Driver's License

Any person, except those expressly exempted by statute, who shall drive any motor vehicle upon a public highway without a valid driver’s license issued by the State of Washington under RCW Chapter 46.20 shall be guilty of Driving Without a Valid Driver’s License.


3-3-5 Driving While License Suspended or Revoked

Any person who drives a motor vehicle on any public highway at a time when his privilege to do so is suspended or revoked shall be guilty of Driving While License Suspended or Revoked.


3-3-6 Negligent Driving

Any Indian who drives any vehicle in a negligent manner without due care and caution or in such a manner as to endanger or be likely to endanger any persons or property shall be guilty of Negligent Driving.


3-3-7 Negligent Driving Lesser Included Offense

The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner.

(Amended 6/19/81, Resolution 1978-422)


3-3-8 Definitions

As contained in the above-cited motor vehicle laws, "highways", "state highways" and "public highways" shall be construed to mean "all roads, public and private, within the jurisdiction of the Colville Confederated Tribes", and "county jail" or "jail" shall be construed to mean "tribal or other jail authorized by the Tribes to receive prisoners". Reference to any "court" shall be construed to mean the "Colville Tribal Court".


3-3-9 Inapplicable Provisions

Any of the provisions or portions of the provisions of the Revised Code of Washington listed above which, by their nature, would not apply to the Colville Confederated Tribes, Reservation, or Tribal Court, or the incorporation of which would undermine the underlying principles and purposes of this Code, or which are inconsistent with the provisions of this Chapter or this Code are not incorporated herein.


3-3-10 Maximum Speed Limit for Community Centers

The maximum speed limit for the grounds of the four district community centers shall be ten miles per hour.

(Adopted 8/20/79, Resolution 1979-605)


3-3-11 Maximum Speed Limit for Trailer Courts

The maximum speed limit for the road leading to and around the tribal trailer court shall be fifteen miles per hour. Signs shall be prominently placed indicating the speed limit and shall clearly indicate by order of the Colville Business Council. There should be prominently placed, a sign stating that the speed limit will be strictly enforced.

(Recommended 9/7/76, Resolution 1976-555)


3-3-12 through 3-3-39 [Reserved]


PENALTIES

3-3-40 Penalties

Punishment for violation of this Chapter shall be as follows:
(a) Negligent homicide, vehicular assault, failure of the driver of an involved vehicle to stay at the scene of the accident involving injury or death, and attempting to elude a pursuing 1 police vehicle shall be punishable by imprisonment for a period not to exceed 360 days, or a fine not to exceed $5,000, or both the imprisonment and the fine. 1(note: "pursing" in original 10/24/00)
(Amended 9/21/00, Resolution 2000-622) (b) Driving under the influence of intoxicating liquor or of any drug, being in actual physical control of a motor vehicle, reckless driving, failure to stop at the command of a police officer, and driving while license is suspended or revoked shall be punishable by imprisonment for a period not to exceed 360 days, or a fine not to exceed $2,500, or both the imprisonment and the fine. (Amended 9/21/00, Resolution 2000-622)
(c) All other violations shall except traffic infractions as provided in this section shall be punishable by a fine not to exceed $500.00 and/or imprisonment for a period not to exceed ninety (90) days.(Transcription error corrected 10/23/00)
(Amended 9/21/00, Resolution 2000-622)
(d) In addition to any other penalties imposed on a person convicted of a traffic offense, the Court may prohibit or set restrictions on the operation of a vehicle by such person on any road within the jurisdiction of the Colville Confederated Tribes for a period not to exceed one (1) year, or may utilize the provisions for the suspension or revocation of driver’s licenses under the laws of the jurisdiction issuing such license.

(Amended 9/21/00, Resolution 2000-622)
(Effective 10/23/00) (Amended 9/17/87, Resolution 1987-547)
(Amended 9/21/81, Resolution 1981-723)


3-3-41 Procedural Provisions

The procedure established for criminal offenses under this Code shall be utilized for violations of this Chapter.


3-3-42 through 3-3-69 [Reserved]


IMPLIED CONSENT

3-3-70 Implied Consent—Suspension, etc. for Refusal to Submit to Chemical Tests to Determine Alcoholic Content of Blood

(a) Any person who operates a motor vehicle upon the public highways within the exterior boundaries of the Colville Indian Reservation shall be deemed to have given consent, subject to the provisions of RCW 46.61.506, to a chemical test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor. The test shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle upon the public highways of this reservation while under the influence of intoxicating liquor. Such officer shall inform the person of his right to refuse the test, and of his right to have additional tests administered by any qualified person of his choosing as provided in RCW 46.61.506. The officer shall warn the driver that his privilege to drive within the exterior boundaries of the Colville Reservation will be suspended or denied if he refuses to submit to the test. The chemical test administered shall be of his breath only.

(b) If, following his arrest, the person arrested refuses upon the request of a law enforcement officer to submit to a chemical test of his breath, after being informed that his refusal will result in the suspension or denial of his privilege to drive within the exterior boundaries of the Colville Reservation, no test shall be given. The Colville Tribal Court, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways within the exterior boundaries of the Colville Indian Reservation while under the influence of intoxicating liquor and that the person refused to submit to the test upon the request of the law enforcement officer after being informed that such refusal would result in the suspension or denial of his privilege to drive within the exterior boundaries of the Colville Indian Reservation, shall suspend or deny such person’s privilege to drive within the exterior boundaries of the Colville Reservation for a period of six months after the date of the alleged violation, subject to review as hereinafter provided.

(c) Upon suspending or denying the privilege to drive of any person, as hereinbefore directed in this section, the Colville Tribal Court shall immediately notify the person involved in writing by personal service or by registered or certified mail of its decision and the grounds therefor, and of his right to a hearing, specifying the steps he must take to obtain a hearing. The person upon receiving such notice may, in writing and within ten days therefrom, request a formal hearing, the Colville Tribal Court shall schedule a hearing for a date within thirty days of receipt of the request and shall give ten (10) days' notice of the hearing to the person requesting the hearing. The scope of such hearing for the purposes of this section shall cover the issues of whether a law enforcement officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within the exterior boundaries of the Colville Reservation while under the influence of intoxicating liquor, whether the person was placed under arrest and whether he refused to submit to the test upon request of the officer after having been informed that such refusal would result in the suspension or denial of his privilege to drive on the Reservation. The Colville Tribal Court shall order that the suspension or denial either be rescinded or sustained. Any decision by the Tribal Court suspending or denying a person’s driving privilege shall be stayed and shall not take effect while a formal hearing is pending or during the pendency of a subsequent appeal to the Colville Tribal Appellate Court.

(d) If the suspension or denial is sustained by the Tribal Court in the formal hearing, the person whose privilege to drive is so affected shall have the right to file a notice of appeal with the Colville Tribal Court. The subchapter on Appellate Proceedings set forth in Chapter 1-1 of the Colville Tribal Law and Order Code shall govern any appeal that may be filed under this subchapter.


3-3-71 Occupational Driver’s Permit—Petition—Eligibility—Restrictions—Cancellation

(a) Any person whose privilege to drive within the exterior boundaries of the Colville Reservation is suspended or denied under this subchapter may petition the Tribal Court for an occupational driver’s permit. The court upon determining that the petitioner is engaged in an occupation or trade which makes it essential that the petitioner operate a motor vehicle may, in its discretion, issue a permit to drive to the petitioner and may set definite restrictions such as hours of the day, which may not exceed twelve hours in any one day, days of the week, type of occupation, areas or routes of travel permitted, or no driving if the person has been drinking.

(b) The Tribal Court may cancel an occupational driver’s permit upon receipt of notice that the holder has operated a motor vehicle in violation of its restrictions or upon notice of the commission of an alcohol related driving offense.


3-3-72 Notice to Tribal Police Department

(a) The Tribal Court shall notify the Tribal Police Department in writing of any suspension or denial of driving privileges within the boundaries of the Colville Reservation and of any occupational permits issued by the court and restrictions placed upon such occupational permit.

(Subchapter "Implied Consent" Adopted 9/8/81, Resolution 1981-690)


3-3-73 through 3-3-99 [Reserved]

LICENSE, REGISTRATION AND EQUIPMENT

3-3-100 Exclusive License and Registration

Notwithstanding any other section of this Code, all motor vehicles of any sort, type, or kind, or any trailer, wagon, or motor drawn vehicle owned, rented or leased by the Government of the Colville Confederated Tribes and operated exclusively in the service of the Colville Indian Tribe or any governmentally operated endeavor of the Colville Tribal Government, shall be licensed and registered exclusively by the Colville Confederated Tribes, pursuant to this section.


3-3-101 License and Registration Required

All vehicles described in the preceding section of the Colville Tribal Code shall display at all times proper Colville Indian Tribal numbered license plates and shall carry within the vehicle a proper Colville Indian Tribal registration certificate.


3-3-102 Information Required

The Colville Indian Tribal Government vehicle registration certificate shall contain the following information:

(a) Name and address of the owner, and if applicable, renter or lessee, of the vehicle; and a statement of the nature and character of the ownership of the vehicles including any encumbrances or liens against the vehicle;

(b) Trade name of the vehicle, model, year, type of body, the motor number or identification number thereof if the vehicle is a motor vehicle, or the serial number thereof, if such vehicle is a trailer or other vehicle;

(c) The power to be used, whether electric, steam, gas or other power;

(d) The weight of such vehicle which shall be the shipping weight as given by the manufacturer, except that when said vehicle has been substantially modified in size and bulk, a weight slip shall be obtained from a certified weighmaster showing the modified weight and that modified weight shall be reported on the registration certificate;

(e) Any other information that the Colville Tribes may require.
3-3-103 Records Maintained

Records on all vehicles licensed pursuant to this section including all information required by section 3-3-102 shall be maintained as public record at the Colville Tribal Office, Colville Indian Reservation, Nespelem, Washington.


3-3-104 Reciprocity, Exemptions

Motor vehicles properly licensed and registered pursuant to the laws of any nation, Indian tribe or nation, state, foreign country, territory or federal district shall be required to display a current Colville Tribal vehicle license tag while being operated on any road subject to the jurisdiction of the Colville Tribes; provided, motor vehicles owned and operated by Colville Tribal members, Indians holding trust allotments on the Colville Reservation, employees of the Bureau of Indian Affairs and Colville Confederated Tribes, persons having their primary residence on the Colville Indian Reservation, and vehicles making deliveries of goods and services to residents of the Colville Indian Reservation, and to the Colville Indian Tribes, shall not be required to display a Colville Tribal license tag when traveling on roads subject to the jurisdiction of the Colville Tribes, unless motor vehicles properly licensed and registered pursuant to the laws of any nation, Indian tribe or nation, state, foreign country, territory or federal district shall be required to do so. Provided further, that motor vehicles properly licensed and registered pursuant to the laws of any nation, Indian tribe or nation, state, foreign country, territory, or federal district, which grants to the vehicles owned and operated by the Colville Tribal Government, and registered and licensed pursuant to this section, the rights and privileges normally accorded to publicly owned and operated motor vehicles or nonresident motor vehicles by the laws of that nation, Indian tribe or nation, state, foreign country, territory, or federal district, shall not be required to display a Colville Tribal vehicle license tag when traveling upon roads subject to the jurisdiction of the Colville Tribe.


3-3-105 Fees, Exemptions

Colville Tribal motor vehicle license tags may be obtained at the Colville Tribal Offices. The cost of the license tag shall be $25.00 per year. No fee will be charged for a license tag required to be displayed on motor vehicles owned and operated by Colville Indian Tribes. Members of the Colville Tribes having their primary residence within the boundaries of the Colville Indian Reservation and vehicles making deliveries of goods and services to the residents of the Colville Indian Reservation, or the Colville Tribes.


3-3-106 Fine

Failure to obtain the display of a tribal vehicle license tag when required by this section shall be an offense against the Colville Tribes and shall be punishable by a civil penalty of $50.00


3-3-107 Temporary Tags

Temporary tribal motor vehicle license tags may be issued for periods of not longer than seven (7) days pursuant to regulations adopted by the Colville Business Council. Fees for temporary license tags shall be determined by the Business Council.


3-3-108 Display Instructions

Tribal motor vehicle license tags shall be displayed, when required, on the vehicle in the manner required by instructions printed on the tag.

(Subchapter "License, Registration and Equipment" Adopted 2/22/83, Resolution 1983-139)


3-3-109 through 3-3-139 [Reserved]


TRAFFIC INFRACTIONS

3-3-140 Purpose

The purpose of the enforcement procedure set out herein is to decriminalize certain traffic offenses prohibited by this Chapter and to facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions. The Confederated Tribes of the Colville Reservation has the authority under Article 5, section 1A of the Constitution and By-laws of the Confederated Tribes to decriminalize the traffic offenses as set forth herein in order to protect the health, safety and welfare of the Reservation population and those people doing business on or visiting the Reservation and enable the Confederated Tribes to effectively govern the Reservation for these purposes.


3-3-141 Infraction—What Constitutes

Failure to perform any act required or the performance of any act prohibited by this Chapter is designated a traffic infraction and may not be classified as a criminal offense except for the following provisions of this Chapter incorporated by reference in CTC § 3-3-1:
(a) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

(b) RCW 46.48.175 relating to the transportation of dangerous articles;

(c) RCW 46.52.010 relating to hitting or striking an unattended car or other property;

(d) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(e) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

(f) RCW 46.62.020 relating to refusal to give information to or cooperate with an officer;

(g) RCW 46.61.022 relating to failure to stop and give identification to an officer;

(h) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

(i) RCW 46.61.500 relating to reckless driving;

(j) RCW 45.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

(k) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

(l) RCW 46.61.522 relating to vehicular assault;

(m) RCW 46.61.525 relating to negligent driving;

(n) RCW 46.61.530 relating to racing of vehicles on highways;

(o) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

(p) CTC § 3-3-4 relating to driving without a valid driver's license;

(q) CTC § 3-3-5 relating to driving with a suspended or revoked license.

3-3-142 Infractions-Other

Unless otherwise provided by this Chapter, prosecution of traffic infractions listed under this Chapter shall be in accordance with the procedures for infraction violations pursuant to this Code.


3-3-143 to 3-3-148 [REPEALED]


3-3-149 Monetary Deterrent Schedule

(a) Equipment (46.37):

(1) Illegal use of emergency equipment, RCW 46.37.190 — $70.00

(2) Defective or modified exhaust system, mufflers, prevention of noise and smoke, RCW 46.37.390(1) and (3):

First offense — $30.00

Second offense within one (1) year — $50.00

Third and subsequent within one (1) year — $70.00

All other RCW 46.37 Equipment Infractions — $25.00(b) Size, Weight, Load (46.44): (1) Over legal tires, wheelbase, RCW 46.44.105(1)

First offense — $55.00

Second offense — $85.00

Third offense — $100.00

In addition to above 3 cents/excess lb., RCW 46.44.105(2)

(2) Violation of special permit — $50.00

(3) Failure to obtain special permit — $50.00

(4) Failure to submit to being weighed — $50.00

(5) Illegal vehicle combination, RCW 46.44.036 — $50.00

(6) Illegally transporting mobile home, RCW 46.44.170 — $55.00

(7) Any other infraction defined in RCW 46.44 — $35.00(c) Rules of the road (46.61): (1) Failure to stop, RCW 46.61.050 and 210 — $25.00

(2) Failure to yield right of way, — $25.00

RCW 46.61.180, 190, 205, 210, 235, 300, 365

(3) Following too close, RCW 46.61.145 and 635 — $25.00

(4) Failure to signal, RCW 46.61.310 — $25.00

(5) Improper lane usage or travel, RCW 46.61.140 — $25.00

(6) Impeding traffic, RCW 46.61.435 — $25.00

(7) Improper passing, RCW 46.61.110, 115, 120, 125, 130 — $25.00

(8) Prohibited and improper turn, RCW 46.61.290, 295, 305 — 25.00

(9) Crossing double yellow line of center, RCW 46.61.290, 295, 305 — $25.00

(10) Operating with obstructed vision — $25.00

(11) Wrong way on one-way street — $25.00

(12) Failure to comply with restrictive signs, RCW 46.61.050 — $25.00

(13) If an accident occurs with any of the above listed infractions or speed to fast for conditions, the penalty for the infraction shall be: — $25.00(d) Speeding, RCW 46.61.400:
(1) If speed limit is over 40 mph:

1 - 5 mph over limit — $10.00

6 - 10 mph over limit — $20.00

11 -15 mph over limit — $35.00

16 - 20 mph over limit — $50.00

21 - 25 mph over limit — $65.00

26 - 30 mph over limit — $85.00

31 - 35 mph over limit — $110.00

36 - 40 mph over limit — $135.00

Over 40 mph over limit — $165.00

(2) If speed limit is 40 mph or less:
1 - 5 mph over limit — $20.00

6 - 10 mph over limit — $25.00

11 -15 mph over limit — $40.00

16 - 20 mph over limit — $60.00

21 - 25 mph over limit — $85.00

26 - 30 mph over limit — $110.00

31 - 35 mph over limit — $135.00

Over 35 mph over limit — $165.00

Speed too fast for conditions, RCW 46.61.400(1) — $25.00
(e) Serious Infractions:
(1) Wrong way on freeway, RCW 46.61.150 — $165.00

(2) Wrong way on freeway Access, RCW 46.61.155 — $70.00

(3) Backing on limited access highway, RCW 46.61.605 — $70.00

(4) Spilling for failure to secure load, RCW 46.61.655 — $70.00

(5) Throwing or depositing debris on highway, RCW 46.61.645 — $70.00

(6) Disobeying school patrol, RCW 46.61.385 — $70.00

(7) Passing stopped school bus with red lights flashing, RCW 46.61.370 — $70.00

(8) Violation of posted road restriction, RCW 46.44.080 and 105(4) —$70.00
(f) Parking:
(1) Illegal parking on roadway, RCW 46.61.560 — $20.00

(2) Any other parking infraction — $10.00
(g) Pedestrians:
Any infraction regarding pedestrians — $10.00
(h) Bicycles:
Any infraction regarding bicycles — $15.00

All other unlisted infractions — $25.00
(i) If an accident occurs with any of the above listed infractions or speed too fast for conditions, the penalty for the infraction shall be: $50.00

(Subchapter "Traffic Infractions" Adopted 9/17/87, Resolution 1987-547)

CHAPTER 3-4 CENTRAL RECORDS REPOSITORY

3-4-1 Purpose

The purpose of this Chapter is to establish a central data repository for information that can be used to document, reduce, abusive and violent instances between and among tribal members, and to provide better data for the provision of services to victims of perpetrators of violence.


3-4-2 Repository

The records and data base require to be established under this Chapter shall be maintained by the Confederated Tribes at an agency of the Tribes established under this Chapter. All safeguards required by section 3-4-3 of this Chapter shall be initiated and utilized to insure confidentiality of the records maintained. The records and data base shall be maintained in computer forms with hard copies either returned to the providing agency or department, destroyed, or locked in a secure vault with no general access.


3-4-3 Confidentiality-Disclosure

(a) All data and records collected and maintained pursuant to this Chapter shall be confidential.

(b) In order to insure confidentiality the records and data base maintained pursuant to this Chapter shall meet all standards established by the Indian Health Service for the purposes of internal security, and disclosure of information unless standards contained herein or developed by The Confederated Tribes are more restrictive, in which case the more restrictive standard apply.

(c) All information and data maintained pursuant to this Chapter which is name identifiable may only be released in the following circumstances:
(1) When the person named in the particular record or data gives prior consent.

(2) To treating institutions presently engaged in the provision of medical or other treatment to named persons.

(3) To the Colville Child Protective Service when the Child Protective Service is investigating potential child abuse.

(4) To the Colville Tribal Police when investigating a criminal event.
(d) Records maintained which are received from departments of the Colville Tribes under contract with the Indian Health Service or from Indian Health Service itself which address alcohol, drug or substance abuse shall only be disclosed pursuant to federal law and regulation allowing for that disclosure. Provided, however, that the provision of data as required by this Chapter from tribal agencies to the central repository shall not be deemed to be a disclosure, but rather continued maintenance of the records within the Colville Tribes. Provided further, that disclosure of alcohol and drug and substance abuse information to the Tribal Police Department shall not be allowed if the information to be disclosed is in furtherance of a criminal investigation, or when such disclosure to a law enforcement agency would be prohibited by federal law.

(e) Data that is purely statistical and that does not disclose the names of persons involved and cannot lead to the disclosure of such names may be disclosed in the following circumstances:
(1) In furtherance of educational campaigns to inform the Reservation population of violence and its causes, and prevention.

(2) To a bona fide research institution.

(3) In report form to the Colville Tribal Business Council, other governmental agency or entity.
3-4-4 Providers of Information

The following agencies and government departments shall be required to provide the information set out in section 3-4-5 to the central repository. (a) Tribal Departments:

(1) Tribal Police

(2) Indian Child Welfare

(3) Area Office on Aging

(4) Mental Health (F.A.M.H.E.)

(5) Paschal Sherman Indian School

(6) Emergency Medical Services (Tribal EMS)

(7) Colville Indian Housing Authority (CIHA)

(8) Colville Tribal Alcohol Program/Substance Abuse and Prevention and Intervention Program

(b) Those federal agencies operating on the Colville Indian Reservation including but not limited to the Indian Health Service, and Bureau of Indian Affairs.
3-4-5 Information to be provided

(a) Those agencies and departments set out in section 3-4-4 shall provide the following information for inclusion in the central data repository established under this Chapter.
(1) All information relating to or dealing with child abuse.

(2) All information relating to or dealing with interpersonal incidents of violence including simple assault and/or battery that under tribal law, state of federal law would be considered criminal.

(3) Information relating to auto accidents when those accidents occur on the Colville Indian Reservation.

(4) Alcohol and drug abuse information where such disclosure is permitted pursuant to federal law.

3-4-6 Regulations

The Colville Business Council in conjunction with a delegated department, or a delegated department of the Confederated Tribes with the concurrence of the Colville Business Council shall develop regulations and protocols which will implement this Chapter. Principally, protocols and procedures that will implement the confidentiality provisions of the Chapter shall be developed. The confidential procedures shall be in place prior to the time that information is accepted into the Project S.A.V.E. records and data collection repository.

(Chapter 3-4 Adopted 3/16/89, Resolution 1989-222)

CHAPTER 3-5 CRIME VICTIM COMPENSATION

3-5-1 Name

This Chapter shall be known as the Crime Victim Compensation Chapter.


3-5-2 Definitions

(a) "Business Council" means the Colville Business Council, the governing body of the Colville Indian Reservation.

(b) "Criminal Act" means an act committed or attempted within tribal jurisdiction which is punishable as a felony, gross misdemeanor under the laws of Federal Government, state or tribe. Provided, that the operation of a motor vehicle, motorcycle, train, boat or aircraft in violation of law does not constitute a criminal act unless the injury, damage or death was intentionally inflicted or the operation thereof was part of the commission of another criminal act as defined in this section, Provided further: (1) That neither an acquittal in a criminal prosecution nor the absence of any such prosecution is admissible in any claim or proceeding under this Chapter as evidence of the noncriminal character of the acts giving rise to such claim or proceeding;

(2) That evidence of a criminal conviction arising from acts which are the basis for a claim or proceeding under this Chapter is admissible in such claim or proceeding for the limited purpose of providing the criminal character of the acts; and

(3) That acts which, but for the insanity or mental irresponsibility of the perpetrator, would constitute criminal conduct are deemed to be criminal conduct within the meaning of this Chapter.

(c) "Chapter" means the Crime Victim Compensation Chapter.

(d) "Reservation" means any land within the exterior boundaries of the Colville Indian Reservation and any lands outside of the exterior boundaries where tribal jurisdiction exits.

(e) "Tribal Court" means the Colville Tribal Court created by the subchapter on Establishment of Court under Chapter 1-1 of the Law and Order Code.

(f) "Tribal Prosecuting Attorney" means the attorney appointed by the Business Council to represent the Tribes in civil and criminal proceedings before the Tribal Court.

(g) "Tribes" mean the Confederated Tribes of the Colville Indian Reservation.

(h) "Victim" means a person who suffers bodily injury, property damage or death as a proximate result of a criminal act of another person, the victim's own good faith and reasonable effort to prevent a criminal act, or his good faith effort to apprehend a person reasonably suspected of engaging in a criminal act. Victim shall also include his parent, guardian, dependent, heir or beneficiary.


3-5-3 Authority

This Crime Victim Compensation Chapter was adopted by tribal resolution number 1982-43 of the Colville Business Council pursuant to authority granted by the Constitution and By-Laws of the Tribes approved on February 26, 1938, by the Commissioner of Indian Affairs.

This Chapter shall apply to all lands and persons within the exterior boundaries of the Colville Indian Reservation and lands where tribal jurisdiction exists and shall become immediately effective upon the approval of this Chapter by the Business Council.


3-5-4 Intent

It is the intent of the Business Council of the Tribes to provide a method of compensating and assisting innocent victims of criminal acts who suffer bodily injury, property damage, or death as a consequence thereof.


3-5-5 Duties of Tribal Prosecuting Attorney

It shall be the duty of the tribal prosecuting attorney to establish and administer a program of compensation to victims of criminal acts within the terms and limitations of this Chapter. In so doing, the tribal prosecuting attorney shall adopt rules and regulations necessary to the administration of this Chapter, not inconsistent with any judicial rule or regulation of the Tribal Court.


3-5-6 Civil Actions Authorized

The tribal prosecuting attorney shall be authorized to file civil actions in Tribal Court in the name of the Tribes on behalf of victims of criminal acts. Such civil actions shall be filed against the perpetrators of said criminal acts for compensation for bodily injury, property damage, or death in accordance with this Chapter. Such civil actions shall be filed only with the written permission of the victim. The Tribes shall bear the expense of the litigation.


3-5-7 Right of Action for Damages

(a) The victim may elect to have the Tribes, as parents Patriae, to seek damages in Tribal Court from the person or persons liable for the claimed injury, damage or death resulting from criminal acts under this Chapter.

(b) No right of action at law for damages incurred as a consequence of criminal act
shall be lost as a consequence of an election under this Chapter.

(c) Such a right of action shall not include the Tribes and this Chapter shall not be deemed a waiver of the Tribe's sovereign immunity.


3-5-8 Complaints

A complaint arising under this Chapter filed in the Tribal Court shall state the nature and facts from which the action arise.


3-5-9 No Right to Jury Trial

Civil actions arising under this Chapter shall be tried by the judges of the Tribal Court. There shall be no right to a jury trial.


3-5-10 Standard of Proof

The Tribe in civil actions arising under this Chapter shall have the burden to prove its case by preponderance of the evidence.


3-5-11 Statute of Limitations

No complaint shall be filed in a civil action arising under this Chapter unless the events shall have occurred within a one (1) year period prior to the date of filing of the complaint.


3-5-12 Notice and Service

Civil actions arising under this Chapter may be instituted either by voluntary appearance and agreement of the parties or by service upon the defendant of a true copy of the filed complaint and notice either personally by a person not a party in the action or as provided herein. The notice shall be attached to the copy of the complaint, and cite the defendant to be and appear before the Tribal Court at the time and place therein specified, which shall not be less than ten (10) days from the date of service of the complaint and notice. The service may be made by means of certified mail, return receipt requested. Evidence of the receipt of notice shall be kept as part of the record in the case.


3-5-13 Publication

Upon a showing by the plaintiff to the Tribal Court that diligent efforts were made to serve the complaint and notice on the defendant and that for sufficient reasons service could not be made, the judge may allow service to be made by posting copies of the notice and complaint in two public places on the Reservation for at least one week and by publication of a copy of the notice and complaint once a week for at least three weeks in a newspaper of general circulation in the vicinity of the Reservation. In such case, the return date shall be not less than thirty (30) days from the date of first publication.


3-5-14 Applicable Law

In all civil actions arising under this Chapter, the Tribal Court shall apply any applicable tort laws or customs, which apply to persons within the Colville Indian Reservation.


3-5-15 Evidence

The Tribal Court shall be bound by all rules of evidence which it considers to be necessary and relevant to civil actions arising under this Chapter.


3-5-16 Rules of Court

The Tribal Court is hereby authorized to promulgate and enforce any court rule necessary and proper to implement the judicial provision of this Chapter, not inconsistent with the subchapter on General Rules under Chapter 1-2 of the Law and Order Code.


3-5-17 Judgment

After the final presentation of the parties, the judge shall decide the case and render a judgment in open court or within a reasonable time after the trial.


3-5-18 Damages

In all civil actions arising under this Chapter, judgment shall consist of an order of the Tribal Court awarding money damages or compensation to the injured person or an order dismissing the civil action or any other appropriate action. The judgment shall fairly compensate the injured person for the loss he has suffered.


3-5-19 Punitive Damages

No punitive damages shall be awarded by any judgment rendered under this Chapter.


3-5-20 Criminal Penalties

No criminal penalties shall be imposed by the Tribal Court in any civil action arising under this Chapter, except as a part of concomitant or prior criminal conviction.


3-5-21 Costs in Civil Actions

The Tribal Court may assess the accruing costs of the litigation against the person against whom judgment is rendered. Such costs may include the expenses of voluntary witnesses for which either party may be responsible under this Chapter, attorney expenses, and any other incidental expenses or fees connected with the procedure required as the Tribal Court may direct.


3-5-22 Status of Judgments

A judgment rendered under this Chapter shall be considered a lawful debt owed to the Tribes. The per capita payments of Tribal members may be debited to pay any judgment arising under this Chapter. The proceeds of the judgment shall be paid to the injured person.


3-5-23 Revolving Fund

The Tribes shall create a revolving fund to pay any judgment rendered under this Chapter. Such payment shall only be made if the per capita payments of the judgment debtor are available to pay any judgment within a reasonable period of time. Reasonable interest or fees may be charged by the revolving fund on any unsatisfied judgment debt owed to the revolving fund or to the Tribes.


3-5-24 Execution of Judgments

Any judgment rendered under this Chapter may be executed using the subchapter on Execution of Judgments under Chapter 2-2 of the Law and Order Code.


3-5-25 Appeals

Any party aggrieved by the judgment or disposition of the Tribal Court shall have the right to appeal such decision as provided in the subchapter on Appellate Proceedings under Chapter 1-1 of the Law and Order Code.


3-5-26 Law and Order Code Provisions

Provisions of the Law and Order Code, as amended, shall apply to all procedure and proceedings of civil actions arising under this Chapter if such provisions are not inconsistent with this Chapter.


3-5-27 Sovereign Immunity

Except as required by Federal law, or the Constitution and By-Laws of the Tribes, or as specifically waived by a resolution or ordinance of the Business Council specifically referring to such, the Tribes shall be immune from suit in any civil action arising under this Chapter and officers and employees shall be immune from suit for any liability arising from the performance of their official duties.


3-5-28 Prior Inconsistent Codes and Chapter Repealed

Any Code or Chapter of the Tribes which conflicts in any way with the provisions of this Chapter is hereby repealed to the extent that it is inconsistent with or is contrary to the spirit or purpose of this Chapter.


3-5-29 Adoption by Reference not a Waiver of Sovereign Power

The adoption of any law, Code or other document by reference into this Chapter shall in no way constitute a waiver or cession of any sovereign power of the Tribes to the jurisdiction whose law or Code is adopted or in any way diminish such sovereign power, but shall result in the law or Code thus adopted becoming the law of the Tribes.


3-5-30 Severability

If any provision of this Chapter, or its application to any person or circumstances is held invalid, the remainder of this Chapter, or the application of the provision to other circumstances is not affected.


3-5-31 Effective Date

This Chapter shall be effective from the date of its approval by the Business Council.

(Chapter 3-5 Adopted 4/14/82, Resolution 1982-43)

CHAPTER 3-6 FIREWORKS

3-6-1 Finding

(a) The major source of income for the Colville Indian Reservation is forest products and grazing of livestock; and

(b) The possibility of forest or range fires is potentially disastrous to the future of the forest and grazing lands of the Colville Indian Reservation; and

(c) The detonation of fireworks of all kinds substantially increases the danger of fire on the Colville Indian Reservation.

(Amended 5/16/02, Resolution 2002-314)

3-6-2 Use of Fireworks

Only Consumer fireworks may be discharged within the Colville Reservation, and only in approved areas, as designated by the Colville Business Council. The Business Council shall designate areas on or before the first Friday in June of each year.

(Amended 6/3/04, Resolution 2004-377)

 

3-6-3 Permit Required

No person, within the Colville Indian Reservation, without securing a permit as hereinafter provided, shall do any of the following:

(a) Manufacture, import, export, possess, or sell any fireworks at wholesale or retail for any use, including agricultural purposes or wildlife control;

(b) Discharge fireworks at any place for which a permit is required under section 3-1-199;

(c) Make a public display of fireworks; or

(d) Transport fireworks, except as a public carrier.

(Amended 6/19/03 Resolution 2003-405)
(Amended 5/16/02, Resolution 2002-314)

3-6-4 Definitions

For the purposes of this Chapter the following definitions shall govern the construction of this Chapter, unless the context otherwise requires.

(a) "Consumer fireworks" means any small firework device designed to produce visible effect combustion and which must comply with the construction, chemical composition, and label regulations of the United States Consumer Product Safety Commission, as set forth in 16 CFR 1500 and 1507 and including some small devices designed to produce audible effects, such as whistling devices, ground devices containing 50 mg or less of explosive material. Consumer fireworks is also referred to as 1.4G or UN0336 by the United States Department of Transportation at 49 CFR § 172.101.

*Consumer Fireworks legislative history - Consumer Fireworks was formerly known as Common Fireworks and explosives Class C fireworks. This type of firework is now known as "Consumer Fireworks", United Nations Category UN0336, and new explosives class in the U.S. of 1.4G. The Business Council has further limited the types of fireworks for which permits may be issued by excluding Ground Spinners, Ground Flowers, Rolling Tanks and Cars, and any other type of fireworks which stay on the ground during its primary display.

(Amended 6/3/04, Resolution 2004-377)

(b) “Fireworks” means blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, fire balloons (balloons of a type that have burning material of any kind attached thereto of which require fire underneath to propel them), firecracker, torpedoes, skyrockets, rockets, roman candles, day-go, or other fireworks of like construction; and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation; but

(c) "Fireworks" does not include toy pistol, toy canes, toy guns, or other similar devices in which paper caps containing not more than twenty-five hundredths grain of explosive compound per cap are used.

(d) "Fireworks" does not mean explosive or flammable compound, blasting caps and similar items used for industrial purposes, provided that otherwise applicable laws and Chapters are complied with.

(e) "Sales" means that only Consumer Fireworks may be sold at retail within the Colville Reservation.

(Amended 6/3/04, Resolution 2004-377)
(Amended 6/19/03, Resolution 2003-405)
(Amended 5/16/02, Resolution 2002-314)

3-6-5 Application for Permit

Any person required to obtain a permit under this Chapter shall first make written application for a permit to the Chief of the Colville Tribal Police, or to such other person as may be designated by the Colville Tribal Business Council.

(a) The Tribal Police department may charge a $100.00 fee for a permit to manufacture, import, export, possess or sell any fireworks for any purpose.

(b) The Tribal Police department may charge a $5.00 fee for a discharge permit for any private purpose.

(Amended 6/3/04, Resolution 2004-377)
(Amended 6/19/03, Resolution 2003-405)
(Amended 5/16/02, Resolution 2002-314)
(Amended 3/18/99, Resolution 1999-178)

3-6-6 Investigation and Report on Permit Application

It shall be the duty of the officer to whom the application for a permit was made, under section 3-6-5(a), to make an investigation, to include consultation with Fire Management, and submit the report of his findings and his recommendations for or against the issuance of a permit, together with his reasons therefore, to the Chief of Police. The Chief of Police is authorized to issue private use permits under section 3-6-5(b).

(Amended 5/16/02, Resolution 2002-314)

3-6-7 Chief of Police May Deny or Grant Permit

The Chief of Police shall have the power in his or her discretion to grant or deny the application, subject to such reasonable conditions, if any, as he or she shall prescribe. In the event that any permit be granted by the Chief of Police, the permit shall be limited to one occasion and shall not be transferable.

(Amended 6/19/03, Resolution 2003-405)
(Amended 5/16/02, Resolution 2002-314)

3-6-8 Revocation of Permit

If it shall appear to the Chief of Police that any person to whom a permit has been granted under this Chapter has not taken proper precautions to insure the safety of lives and property on the Colville Indian Reservation he shall, after giving the person reasonable opportunity to be heard, revoke any permit issued pursuant to this Chapter.

(Amended 5/16/02, Resolution 2002-314)

3-6-9 Seizure of Fireworks

Any fireworks which are illegally sold, offered for sale, used, discharged, stored, possessed or transported in violation with the provisions of this Chapter, section 3-1-199 or any rule or regulation of the Colville Indian Reservation and which, if sold or utilized in an unlawful manner pose a significant threat to the health and safety of the residents of the Reservation, shall be subject to immediate seizure and summary destruction. Those authorized to seize fireworks pursuant to this section shall include the Colville Tribal Police, and persons duly commissioned by the Colville Tribal Police to carry out this function, including Fire Management personnel, members of other Colville law enforcement agencies, and fire and law enforcement officials from other state and local governments when commissioned by the Chief of Police to carry out this function under Colville law. Any fireworks seized under this Chapter anywhere on the Reservation may be disposed of by tribal police, Fire Management or by another authorized agency by summary destruction at any time subsequent to thirty days from such seizure or ten days from the final termination of proceedings under the provisions of this Chapter.

(Amended 6/19/03, Resolution 2003-405)
(Amended 5/16/02, Resolution 2002-314)

3-6-10 Seizure of Fireworks-Proceedings for Forfeiture-Disposal of Confiscated Fireworks

(a) In the event of a seizure pursuant to this Chapter, proceedings for forfeiture shall be deemed commenced by the seizure. The Chief of Police, or his designee, shall cause notice to be served within fifteen days following the seizure on the owner of the fireworks seized, and the person in charge thereof and any person having any known right or interest therein of the seizure and intended forfeiture of the seized property and the reasons for the forfeiture. The notice may be served by any method authorized by law or court rule including, but not limited to, service by registered or certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

(b) If no person notifies the Chief of Police, or his designee in writing of the person's claim of lawful ownership or right to lawful possession of seized fireworks within thirty days of the seizure, the seized fireworks shall be deemed forfeited.

(c) if any person notifies the Chief of Police, his designee, in writing of the person's claim of lawful ownership or possession of the fireworks within thirty days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The Chief of Police may designate an administrative law judge to hear such a matter, and to decide the appeal. All decisions made by the Chief of Police or his designee shall be final, and unappealable.

(d) When fireworks are forfeited under this Chapter the Chief of Police, his designee, or the agency conducting the seizure may dispose of the fireworks by summary destruction.

(Amended 6/19/03, Resolution 2003-405)

3-6-11 Civil Infraction

(a) Violations of any provision of CTC § 3-6-1 et seq. shall constitute a civil infraction under Chapter 2-3-1 et seq.

(b) Penalties:

(1) First violation $250.00;

(2) Second Violation $500.00; and

(3) Third and each subsequent violation $1,000.00.

(c) In addition to the penalties listed under subsection (b), costs for fire suppression and resource damage (including timber and other property loss) will be assessed if caused by the violation.

(Amended 6/3/04, Resolution 2004-377)
(Amended 6/19/03, Resolution 2003-405)
(Amended 5/16/02, Resolution 2002-314)

3-6-12 Dates and Times for Selling Fireworks

Persons may sell fireworks during the following dates and times:

(a) Fourth of July: from noon the fourth Sunday in June until midnight on July 4th. Fireworks stands must be removed or sealed by noon on July 5th.

(b) New Years: from noon the third Friday in December until 9:00 p.m. on January 2nd. Stands must be removed by 5:00 p.m. the second Monday in January.

(c) Fireworks stands not removed by the times and dates specified will be subject to a $250 per day civil penalty until such stands are removed.

(Amended 6/3/04, Resolution 2004-377)
(Amended 6/19/03, Resolution 2003-405)
(Amended 5/16/02, Resolution 2002-314)

3-6-13 Application

This Chapter shall apply to all persons both natural and artificial, Indian and non-Indian, within the Colville Indian Reservation. Only Colville Tribal Members may apply for and receive a permit under this Chapter. All retail fireworks stands authorized under this Chapter must be located on trust or Colville tribal member-owned fee land within the jurisdiction of the Confederated Tribes of the Colville Reservation. The permitee or a family member as defined in Chapter 10-1-1 et seq. of the Colville Tribal Code, or another Colville Tribal Member must be present in the Retail Fireworks stand at all times the stand is open for operation. Persons wishing to locate a retail fireworks stand on tribal trust land must seek separate permission from the Tribes for such use; a fireworks permit is not permission to use tribal land.

(Amended: 6/19/03, 2003-405)

3-6-14 Fireworks Stand Locations

(a) Activities or uses subject to this rule shall not be limited in location except where such activities or uses are prohibited, or controlled by local development regulation, traffic safety, or road construction standards.

(b) Temporary retail fireworks stands shall not be located more than one hundred fifty feet from a private way, fire department access road, public road, street or highway as measured by an approved route around the exterior of the stand. The minimum requirements for a private way shall be determined by the local authority having jurisdiction but shall not exceed the requirements of locally adopted street, road and access standards.

(c) Any two retail fireworks stands shall be at least one hundred feet apart or shall be separated by a road, street or highway not less than thirty feet in width.

(d) Retail fireworks stands shall be located as required by Table 1 in this section. The minimum required area surrounding the stand shall be marked or flagged (except that flagging and marking shall not block a sidewalk or pedestrian pathway). Flagging need not exceed twenty feet in any direction.

TABLE 1

Retail Fireworks Stands-Minimum Clearances

	Buildings	Combustibles	Property Line	Parking	Motor Vehicle Traffic Public Road*	Motor Vehicle Traffic Private Road
Back of Stand	20 Ft.	20 Ft.	5 Ft.	20 Ft.	20 Ft.	5 Ft.
Side of Stand	20 Ft.	20 Ft.	5 Ft.	20 Ft.	20 Ft.	5 Ft.
Front of Stand	40 Ft.	40 Ft.	** 20 Ft.**	20 Ft.	20 Ft.	20 Ft.

Note: Clearance distances are not cumulative

* Measured from the outer edge of the nearest traffic lane.

** If stand is equipped with 135 fusible links which will automatically close all sales doors in case of fire, or is equipped with a wire-mesh screen with openings of not more than one inch which covers not less than 90% of all sales openings.

(e) Retail fireworks stands shall not be located closer than one hundred feet from any motor vehicle dispensing station, retail propane dispensing station, flammable liquid storage, or combustible liquid storage. Retail fireworks stands shall not be located closer than three hundred feet from any bulk storage of flammable or combustible liquid or gas, including bulk dispensing areas.

(f) Violations of this section will result in a stop work order until such time as the defect is corrected. Failure to abide by such an order will result in permit revocation and or seizure of all fireworks subject to the stop work order.

(Amended 6/19/03, Resolution 2003-405)

3-6-15 Area Around the Retail Fireworks Stand

(a) The minimum areas around the retail fireworks stand specified in section 3-6-14 shall be kept free of accumulation of dry grass, dry brush and combustible debris. No parking shall be permitted within this minimum area.

(b) No motor vehicle or trailer may be parked within twenty feet of a retail fireworks stand except when delivering, loading or unloading fireworks.

(c) Fireworks shall not be discharged within one hundred feet of a retail fireworks stand.

(d) Signs reading"NO FIREWORKS DISCHARGE WITHIN 100 FEET" in letters at least two inches high with a principal stroke of not less than one-half inch on contrasting background, shall be conspicuously posted on all four sides of the stand.

(e) No smoking shall be allowed within the retail fireworks stand or within the minimum flagged off area. Signs reading "NO SMOKING WITHIN 20 FEET" in letters at least two inches high with principal stroke of not less than one-half inch on a contrasting background, shall be conspicuously posted on all four sides of the stand.

(f) Violation of this section shall result in an issuance of a work stoppage order and up to a $50 dollar fine for each violation. Continued violation will result in seizure or forfeiture, or both of confiscated fireworks.

(Amended 6/19/03, Resolution 2003-405)

3-6-16 Operation of Retail Fireworks Stands

(a) A clear aisle or walkway not less than twenty-four inches wide shall be maintained inside the full length of the structure. Customers shall only be permitted inside a temporary retail fireworks stand that is greater than four hundred square feet and which meets minimum exit requirements of Chapter 6-3 Colville Tribal Building Code/Uniform Building Code and Uniform Fire Code, as now or amended hereafter.

(b) Each temporary retail fireworks stand must have at least two exits, at least twenty-eight inches in width and located at opposite ends of the structure. Exits must remain unlocked and unobstructed during the hours of operation or when the stand is occupied.

(c) Sleeping inside a retail fireworks stand or an associated temporary fireworks storage facility is prohibited.

(d) The location of the nearest permanently mounted telephone must be posted inside the retail fireworks stand and persons working in the stand shall be informed of that location.

(e) The local emergency telephone number shall be conspicuously posted inside the retail fireworks stand.

(f) Each retail fireworks stand shall be equipped with two approved, pressurized two and one-half gallon water-type fire extinguishers.

(g) No open flames nor any type of open flame equipment shall be allowed in any retail fireworks stand.

(h) Retail fireworks stands shall be secured when unoccupied and not open for business if fireworks are kept in the structure during these times. Retail fireworks stands shall never be locked when occupied. The fireworks may be removed and transferred to a temporary storage structure or a location approved as a part of the license and permit.

(i) At least one adult person eighteen years of age or older shall be present at all times in every retail fireworks stand during the hours of sale to the public and shall be responsible for supervision of the retail fireworks stand and its operation. No person, other than customers, under the age of sixteen shall be allowed within a retail fireworks stand when it is open to the public. Fireworks, except for prepackaged assortments, boxes, or similarly packaged containers of more than one item, whether of the same or different kind, must be displayed in a manner which prevents the fireworks from being handled by the public or a customer without the direct intervention of the licensee or his or her representative who shall maintain visual contact.

(j) Retail fireworks stands may be required to be inspected by the Chief of Police or his or her designee prior to opening for business. Other inspections may occur on other days as warranted, but shall not be an additional charge for any additional inspections.

(k) In order to obtain a return clean-up bond, when required by the Chief of Police as a condition of permit, the cleanup of debris associated with the retail fireworks activity and the removal of all structures authorized by the license and permit shall occur on or before the last day of the storage period specified in this Chapter.

(l) Fireworks retailers shall not knowingly sell fireworks to persons under the age of sixteen.

(m) A sign reading "NO SALES OF FIREWORKS TO PERSONS UNDER THE AGE OF SIXTEEN YEARS. PHOTO ID REQUIRED'' in letters at least two inches high with a principal stroke of not less than one-half inch on contrasting background, shall be conspicuously posted on the front of each retail fireworks stand.

(n) Sellers shall require proof of age by means of display of a driver's license or photo identification card showing date of birth issued by a public or private school, state, federal or foreign government. No other forms of identification shall be accepted.

(o) Violation of this Chapter shall result in an issuance of a work stoppage order. Continued violation will result in seizure or forfeiture, or both of confiscated fireworks.

(p) Violation of this section shall result in an issuance of a work stoppage order and up to a $50 dollar fine for each violation. Continued violation will result in seizure or forfeiture, or both of confiscated fireworks.

(Amended 6/19/03, Resolution 2003-405)

3-6-17 Temporary Fireworks Storage Associated with the Retail Fireworks Stand Operation

(a) Temporary fireworks storage is not permanent fireworks storage. Temporary fireworks storage is defined as storage associated with retail fireworks sales and may only be utilized in accordance within the specified time pursuant to section 3-6-11. Permanent fireworks storage is associated with retail or wholesale fireworks activities when the period of time of storage is other than, or longer than that specified for temporary storage. Temporary fireworks storage shall be in accordance with this section. Permanent fireworks storage is subject to Chapter 6-3 Colville Tribal Building Code/Uniform Building Code and the Uniform Fire Code and local ordinances.

(b) Delivery of fireworks to a location, or storage of fireworks in a facility, not authorized by the license or permit, or both is prohibited.

(c) A temporary fireworks storage facility or a temporary fireworks storage location shall be authorized as a part of a license and permit if it meets the requirements specified herein.

(d) No open flames nor any type of open flame equipment shall be allowed in any temporary fireworks storage structure.

(e) Storage of fireworks authorized by a retail license and permit is legal only during the periods specified in this section.

(f) Fireworks may be stored:

(1) In a locked or secured retail fireworks stand; or

(2) In a locked or secured truck, container, trailer, other vehicle or anything similar which is not less than twenty feet from the retail fireworks stand during hours of retail sales; or

(3) In a locked or secured truck, container, trailer, other vehicle or anything similar which is not less than twenty feet from an inhabited building as the term "inhabited building" is defined in the Uniform Fire Code.

(4) In a magazine which meets the minimum standards of Type 4 as prescribed by the Uniform Fire Code, and which is not less than ten feet from an inhabited building as the term "inhabited building" is defined as in the Uniform Fire Code; or

(5) In a locked or secured metal or wooden garage, shed, barn or other accessory building, or anything similar which is not less than:

(A) 20 feet from an inhabited building for storage of fireworks for one or two retail stands; or

(B) 30 feet from an inhabited building for storage of fireworks for three or more stands as the term "inhabited building" is defined as in the Uniform Fire Code.

(g) The Chief of Police or his or her designee may reduce the minimum separation requirements of this section provided that safety of life and property is not diminished.

(h) No cooking is permitted in a retail fireworks stand or in a temporary fireworks storage structure.

(i) Temporary fireworks storage structures may be inspected prior to use and other inspections may occur on other days as warranted. There shall be no additional charge for all such inspections.

(j) Violation of this section shall result in an issuance of a work stoppage order and up to a $250 dollar fine for each violation. Continued violation will result in seizure or forfeiture, or both of confiscated fireworks.

(Amended: 6/19/03, Resolution 2003-405)

3-3-18 Long Term Storage

(a) Long term Storage of fireworks shall be free from any condition which increases or may cause an increase of the hazard or menace of fire or explosion or which may obstruct, delay or hinder, or may become the cause of any obstruction, delay or hindrance, to the prevention or extinguishments of fire.

(b) All areas to be utilized for long term storage of fireworks must be permitted by the Chief of Police, and must be inspected by the Chief, or his designee prior to issuance of the permit.

(c) All fireworks storage areas must be clearly marked as such, and must bear such signage as designated by the Chief of Police, such that firefighters and other emergency responders have adequate knowledge of the materials stored in the facility.

(d) Violation of this section shall result in an issuance of a work stoppage order and up to a $250 dollar fine for each violation. Continued violation will result in seizure or forfeiture, or both of confiscated fireworks.

(Amended 6/19/03, Resolution 2003-405)

3-6-19 Short Title

This Chapter shall be known and may be cited as the Colville Indian Fireworks Chapter.

3-6-20 Effective Date

This Chapter shall be effective upon its adoption by the Colville Tribal Council.

3-6-21 No Relinquishment of Jurisdiction

Nothing in this Chapter shall be construed as a waiver or relinquishment of the sovereign authority and jurisdiction of the Confederated Tribes of the Colville Reservation.

(Amended 6/19/03, Resolution 2003-405)
(Chapter 3-6 Amended 5/16/02, Resolution 2002-314)
(Enacted 7/1/74, Resolution 1974-433)

(June 2004 version of Chapter 3-6)

CHAPTER 3-7 CIVIL INFRACTIONS

GENERAL PROVISIONS

3-7-1 Duties and Authority of Officers; Warrants not Required

(a) It shall be the duty of tribal law enforcement officers to enforce the provisions of this Chapter without the necessity of procuring a warrant.

(b) A tribal law enforcement officer is authorized to arrest any person who resists, delays, prevents or obstructs any such officer in the discharge of, or attempt to discharge, any duty under this Chapter or who¹ gives a false report to any peace officer. Any person who is subject to the criminal laws of the Tribes and who is arrested under this section shall be guilty of a Class C offense and may be prosecuted pursuant to the criminal provisions of this Code. To the extent authorized by law, any person who is not subject to the criminal laws of the Tribes and who is arrested under this section may be transported without unnecessary delay to the nearest authority for the State of Washington or the United States.

¹(note: "who" added 7/19/02)

3-7-2 Definitions

As used in this Chapter:

(a) "Defendant" means the person against whom an action is filed² under this Chapter.

²(note: "file" in original 7/19/02)

(b) "Infraction" means a civil offense in which the remedy involved is liquidated damages which have³ been predetermined by the Business Council as provided by the infractions procedures in this Code. An infraction is not a crime and the punishment shall not affect or impair the credibility of a witness or otherwise of any person convicted thereof.

³(note: "has" in original 7/19/02)

(c) "Litter" means all waste material including but not limited to disposable packages⁴ or containers thrown or deposited as herein prohibited but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.

⁴(note: "package" in original 7/19/02)

(d) "Public" means a location to which the public or a substantial group has access or those individuals present in such location. A public place includes, but is not limited to; highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

OFFENSES

Property

3-7-30 Trespass

A person commits the infraction of trespass if he:

(a) Enters upon the real property of another that is posted to prohibit trespassing, is fenced or contains obvious outward signs of habitability without permission of the owner or the owner's agent;

(b) Enters tribal lands that are not specifically posted as open to the public;

(c) Being a non-tribal member he enters or remains on a huckleberry patch unless he has the authority of the Business Council or he is the spouse or descendant of a tribal member of his immediate family and is accompanied by such member;

(d) Refuses to depart from⁵ or re-enters the Colville Reservation in violation of an order of exclusion issued by the Tribal Court as provided by this Code.

⁵(note: "form" in original 7/19/02)

3-7-31 Vandalism

A person commits the infraction of vandalism if he:

(a) Injures, defaces, damages or destroys:

(1) Private property in which any other person has an interest without the consent of such other person;

(2) Tribal or other property without the lawful consent of the appropriate governing body; or

(3) An obvious place of burial.

(b) Deposits, throws, or propels any substance upon any highway, roadway, runway, or railroad track, or any vehicle while such vehicle is either in motion or stationary.

PUBLIC ORDER

3-7-32 False Reporting

A person commits the infraction of false reporting if he initiates a false alarm or report which is transmitted to a fire department, law enforcement agency or other organization that responds to emergencies involving danger to life or property.

3-7-33 Use or Possession of Alcoholic Beverage at Community Centers

A person commits the infraction of use or possession of alcoholic⁶ beverage at community centers if he⁷ uses or possess alcoholic beverages on the premises of any of the District Community Centers.

⁶(note: "Users" and "alcohol" in original 7/19/02)
⁷(note: "he" in original 7/19/02)

3-7-34 Harassment

A person commits the infraction of harassment if:

(a) Without lawful authority, he, by words or conduct directed at another, threatens to:

(1) Cause bodily injury in the future to any person;

(2) Cause physical damage to the property of a person other than the actor;

(3) Subject any person to physical confinement or restraint; or

(4) Do any other act which is intended to substantially harm any person with respect to his or her physical or mental health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out.

(Amended 7/3/02, Resolution 2002-409)

3-7-35 Cruelty to Animals

(a) A person commits the infraction of cruelty to animals if he:

(1) Maliciously kills, maims or wounds any animal;

(2) Overworks, tortures, torments, deprives of necessary sustenance, drink or shelter, cruelly beats, or mutilates or cruelly kills any animal;

(3) Has custody of or is responsible for an animal and willfully subjects the animal to needless suffering or inflicts any unnecessary cruelty upon the animal;

(4) Transports or carries any animal in a cruel and inhumane manner;

(5) Causes any animal to fight of his amusement or betting or wagering⁸, permits the same to be done on any premises or is present at such fight.

⁸(note: "waging" in original 7/19/02)

(b) It shall be a defense to a prosecution under this section if the actor was involved in an accepted veterinary practice or engaged in hunting or fishing in accordance with the provisions of this Code and his actions were not cruel or inhumane under the circumstances. The Court shall use a reasonableness standard when determining whether a defense exists under this subsection.

PUBLIC HEALTH, SAFETY AND WELFARE

3-7-36 Public Nuisance

(a) A person commits a public nuisance infraction if without lawful authority to do so, he does any act or⁹ fails to do any duty, which act or omission either:

⁹(note: "of" in original 7/19/02)

(1) Unreasonably annoys, injures, or endangers the comfort, repose, health, or safety of three (3) or more persons;

(2) Offends public decency;

(3) Unlawfully interferes with, obstructs, or tends to obstruct, or render dangerous for passage, any lake, stream, canal, or basin, or any public park, square, street, highway, or road; or

(4) In any way unreasonably renders three (3) or more persons insecure in life or the use of property.

(b) An act or omission to act which affects three (3) or more persons in the ways specified in this section is still a nuisance regardless that the extent of the annoyance or damage inflicted on the individuals is unequal.

(c) The presence of a lawful authority under this section need not be disproved by the Tribes but shall be presented as an affirmative defense.

(d) The commission by act or omission of a public nuisance shall not be punished under this section if the same conduct constitutes another offense which has also been charged against a defendant.

3-7-37 Using, Possessing, Purchasing, or Obtaining Tobacco Products by Minors

(a) "Minor," for purposes of this section, means a person under the age of 18.

(b) A minor commits the infraction of using, possessing, purchasing, or obtaining tobacco products, as defined in Chapter 6-8, if the minor uses, possesses, purchases, or obtains tobacco products.

(c) Rehabilitation, community service: The following penalties shall be given:

(1) For first infraction: Under the discretion and administration of the tobacco coordinator:

(A) participation in a tobacco cessation program for one hour; or

(B) community service for two hours;

(2) For second infraction: Under the discretion and administration of the tobacco coordinator:

(A) participation in a tobacco cessation program for one hour;

(B) community service for two hours; and

(C) participation in a peer training group for four hours

(3) For third infraction: rehabilitative treatment in a one-hour, six-week cessation program or substantially equivalent program, or 20 hours of community service.

(d) Tobacco products possessed by minors are considered contraband and may be seized by police, as provided in Chapter 2-3.

(e) It shall be a defense to a charge of a violation of this section that tobacco products were used, possessed, purchased, or obtained for traditional tribal ceremonial purposes.

(Enacted 9/20/01, Resolution 2001-524)

3-7-38 Selling or Giving Tobacco Products to Minors

(a) "Minor," for purposes of this section, means a person under the age of 18.

(b) "Person," for purposes of subsection 3-7-38(c), does not include an "operator, as defined in Chapter 6-8, which governs violations by an operator.

(c) A person commits the infraction of selling or giving tobacco products, as defined in Chapter 6-8, to a minor if the person sells or gives, or permits to be sold or given, tobacco products to a minor, while knowing that the minor is a minor.

(d) Fine: The following penalties shall be given:

(1) For first infraction: $50 fine;

(2) For each subsequent infraction: $100 fine.

(e) It shall be a defense to a charge of a violation of this section that tobacco products were used, possessed, purchased, or obtained for traditional tribal ceremonial purposes.

(Enacted 9/20/01, Resolution 2001-524)

3-7-39 Littering

A person commits the infraction of littering if he:

(a) Throws, drops, discards or otherwise disposes of any litter anywhere within the Reservation except in authorized public waste disposal grounds or an authorized receptacle made available for such purpose; or

(b) Without lawful permission, stores or allows to accumulate any wrecked, junked or unserviceable vehicles, appliances or implements anywhere on the Reservation.

3-7-40 Violation of Tribal Law

A person commits the infraction of violation of tribal law if he violates any tribal law or any other Council enactment intended to preserve the peace, health, safety, welfare and morals of the Reservation, when a punishment for such violation is not provided under any other provision of this Code or the law or enactment itself.

3-7-41 4th of July Celebration Grounds

(a) A person commits a celebration grounds infraction if during the Annual 4th of July Celebration and while present on the celebration grounds he:

(1) Uses or possesses, without lawful authority, alcoholic beverages, drugs, and or controlled substances,

(2) Uses fireworks except as authorized by the Business Council;

(3) Uses or possesses a firearm,

(Amended 7/3/96, Resolution 1996-266)

(4) Engages in non-traditional gambling except in conformity with tribal law;

(5) Being a concessionaire, fails to register with the Public Works Department;

(Amended 7/3/96, Resolution 1996-266)

(6) Parks on the inside of the circle in designated parking established for tribal elders, handicapped persons, and concessionaires. In addition to any other remedy provided in Chapter 3-3 of this Code, any vehicle found in violation of this subsection shall be towed away at the owner's expense.

(Amended 7/3/96, Resolution 1996-266)
(Amended 7/1 1/96, Resolution 1996-272)

(7) Camps outside of the designated camping areas;

(Amended 7/3/96, Resolution 1996-272)

(8) Brings a dog into the ₄th of July Celebration Grounds, unless specifically authorized by the Chief of Tribal Police.

(Amended 7/3/96, Resolution 1996-272)

(b) The Colville Confederated Tribes or the Public Works Department shall not be responsible for loss, thefts, or damages.

(c) The Tribal Police Department is authorized to exclude from the ₄th of July Celebration Grounds, any person who refuses to comply with any parts of this section. If such person refuses to leave the ₄th of July Celebration Grounds, he is subject to arrest and criminal prosecution for trespass, and the personal property of such person is subject to impoundment at the owner's expense.

(Amended 7/3/96, Resolution 1996-272)
(Amended 7/3/02, Resolution 2002-409)

ADMINISTRATION OF GOVERNMENT

3-7-42 Interference with Judicial Process

(a) A person commits the infraction of interference with judicial process if he:

(1) Except as provided by tribal law or procedure, interferes with or attempts to influence any decision of the Tribal Court or investigation, prosecution, or settlement of any cases; or

(2) Unlawfully detains or otherwise interferes with a witness or party to an action while such person is going to or from a court proceeding or attending court.

(b) Nothing in this section shall effect or limit the lawful authority of the Business Council to carry out its constitutional authority.

(June 2004 version of Chapter 3-6)

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