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Tribal Law and Order Code 2001 edition with 2002, 2003 and 2004 supplements TITLE 6 - REGULATORY PROVISIONS, CH. 6-14
6-6-1 Authority This regulatory Chapter is established by the Colville Business Council under authority contained in the Constitution and By Laws of the Colville Tribe of the Colville Reservation including the Amendments thereto.
The purpose of this Chapter is to regulate studies, surveys, research and service delivery projects on the Colville Reservation in order to preserve and protect the rights of the Colville Indian Tribes and their tribal members, their privacy and integrity, and their interests in the results and products of the such studies, surveys, research and service delivery projects.
Any individual, corporation, agency or institution, whether public or private wishing to undertake a study, survey or research project for any purpose on the Colville Indian Reservation, not specifically requested or contracted for by the Colville Confederated Tribes, must first obtain a permit approved by the Business Council, or its designate, authorizing the conduct of such study, survey or research project on the Colville Indian Reservation pursuant to provisions of this Chapter.
No permit will be issued for any study, survey or research project, not specifically requested or contracted for by the Colville Confederated Tribes, unless and until the individual, corporation, agency or institution wishing to conduct the project has executed a written agreement with the Colville Confederated Tribes regarding the manner in which the study, survey, or research project is to be conducted, creating a fiduciary relationship, and limiting the right of the individual, corporation, agency or institution conducting the study to publish the results or conclusions resulting therefrom without affording the Colville Confederated Tribes an opportunity to review and comment upon the intended publication, and including whatever comments are officially made by or on behalf of the Colville Tribes as part of the final published product.
No permit shall be issued for the conduct of any study, survey or research project until the following information has been provided to, and approved by the chairman of the Tribal Business Council or his designate:
The permit issued pursuant to this Chapter is conditional and may be canceled at any time if it appears that the individual, corporation, agency or institution conducting the study, survey or research project is deviating or has deviated from the study design approved in the granting of the permit, or from provisions of the required underlying agreement upon which issuance of the permit is based.
The Colville Tribes retain the right to refuse to issue a permit if it is deemed that there is insufficient time for appropriate tribal review, evaluation, supervision or participation in the project.
The Colville Confederated Tribes reserve the right to charge a fee for issuance of a permit in the event that the subject study, survey or research project is being conducted for profit or if the results of the study, survey or research project, or publication thereof, are intended to, or are likely to produce financial benefit to the individual, corporation, agency or institution conducing the study, survey or research project.
Issuance of a permit to conduct any study, survey or research project pursuant to provisions of this Chapter does not imply endorsement of the results or final product of the study or any publication derived from or based upon the results or final product of the study, survey or research project.
At least one copy of all interim and/or progress reports, and of the final report resulting from the study, survey or research project, shall be furnished to the office of the Tribal Chairman without charge.
Any employee of the Colville Confederated Tribes who provides information from tribal files and records of any kind whatsoever to any individual, corporation, agency or institution conducting research not authorized pursuant to provisions of this Chapter, shall be subject to censure or dismissal from employment.
Any person attempting to conduct research not specifically requested or contracted for by the Colville Confederated Tribes or permitted pursuant to provisions of this Chapter shall be subject to any and all civil or criminal remedies available pursuant to the Law and Order Code of the Confederated Tribes of the Colville Indian Reservation and the laws of the State of Washington, including but not limited to exclusion from Tribal property, criminal trespass, and civil remedies provided for in Chapter 2-3 and Chapter 3-2 of the Law and Order Code of the Confederated Tribes of the Colville Indian Reservation.
This Chapter shall become effective upon the date of its adoption by the Business Council of the Confederated Tribes of the Colville Indian Reservation. (Chapter 6-6 Adopted 9/21/81, Resolution 1981-721) 6-7-1 Sewer Service Area and Sewer Board (a) There is hereby established the Colville Sewer Board (hereinafter "board") to serve as the administrative board for sewer services and facilities within the Greater Nespelem Sewer Service Area. (b) The Greater Nespelem Sewer Service Area shall means all real property encompassed within the lands described as follows:
(c) The board shall be responsible for assuring that the operation of the system set out in this Chapter adheres to the dictates of the sewer Chapter and any regulations promulgated thereunder and that the system is responsive to the needs of this customers, fiscally responsible, and viable. (d) The board will consist of five members. Four members will be appointed by the Colville Business Council from among the residents of the Greater Nespelem Sewer Service Area. The fifth member will be appointed by the Colville Business Council upon the recommendation of the Council of the town of Nespelem. All members of the board shall serve at the pleasure of the Colville Business Council. (e) Within ten (10) days after the appointment of the initial board, there shall be an organizational meeting of the board to elect a chairman, vice chairman, and secretary-treasurer. The initial officers shall serve until the first anniversary date of the approval of this Chapter by the Colville Business Council. Thereafter, new officers shall be elected each year on the anniversary date of such approval. All officers shall serve until their successors are elected. (f) The secretary shall keep or cause to be kept a complete and accurate record of all meetings, copies of which will be furnished to the board. (g) A minimum of three members of the board shall constitute a quorum. Any action taken by the board must be taken by approval of at least three board members. (h) If any members of the board shall die, resign, or be terminated by the Council, a vacancy in his office shall automatically be created which vacancy shall be filled immediately by the Colville Business Council. Such appointment shall be made consistent with the membership pattern for the board established by this Chapter. (i) The board shall meet when business demands and requires attention. Meetings may be called by the chairman, or upon request in writing of two members of the board. If the chairman fails to call a meeting within five (5) days after receipt of a written request, any other two members of the board may call such meeting. (j) The chairman or vice chairman of the board may sign such papers as the board may authorize for and on behalf of the board. All such authorizations shall be reflected in the records of the meetings. (k) Each member of the board, including the chairman, shall be entitled to vote on each matter coming properly before the board. (l) The Colville Business Council shall have full plenary authority over the board. The board shall be responsible for providing management and overall responsibility for the sewer service area and its projects. It shall have the power, with prior approval of the Council in each case, to borrow funds for the operation and/or expansion of the sewer system, to take and give evidence of indebtedness, collateral, and other security for loans and advances. It shall have the power, with prior approval of the Council in each case, to enter into business contracts and to do all things necessary to carry out the responsibilities hereunder, and specifically the responsibilities delegated to it under this Chapter. However, the board shall not enter into any litigation without specific authorization of the Council nor may the board waive immunity from suit without such specific authorization. This Chapter shall not constitute a waiver of the sovereign immunity of the Colville Confederated Tribes.
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
(a) It shall be unlawful to discharge to any natural outlet within the Greater Nespelem Sewer Service Area, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter. (b) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (c) The owner(s) of all houses, buildings, or properties used for human occupancy, employment, business, recreation, or other purposes, situated within the Greater Nespelem Sewer Service Area, and located within 200 feet of any sanitary sewer within and part of the sewer system is hereby required, at the owner(s)’ expense, to install suitable toilet facilities therein, and to connect such facilities directly with and to the proper sanitary sewer in accordance with the provisions of this Chapter, within ninety (90) days after date of official notice to do so by the Board.
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any sewer or appurtenance thereof without first obtaining a written permit from the board. (b) There shall be one (1) class of building sewer permits: residential or commercial service. The owner(s) or his agent shall make application on a special form furnished by the board. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the board. A connection or permit fee shall be charged as set forth in section 6-7-8. (c) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Tribe from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (d) Connections by users outside the Greater Nespelem Sewer Service Area shall be made only upon specific approval from the board. Upon approval, the user shall install all required extensions to the sewer system in accordance with specifications established by the board and shall pay all applicable fees and charges. (e) A separate and independent building sewer shall be provided for every building or residence, except where one building or residence stands at the rear of another on an interior lot and no sewer is available or can be constructed to the rear building or residence through an adjoining alley, courtyard, or driveway. In this case the side sewer to the front building or residence may be extended to the rear building or residence with the board's approval. The Tribes does not and will not assume any obligation or responsibility for maintenance or damage caused by or resulting from any single connection aforementioned. (f) Old building sewers may be used in connection with new buildings only when they are found on examination and test by the board to meet all requirements of this Chapter. (g) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, resting, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Tribe and/or as required by the board. (h) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the sewer system, sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (i) No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a sanitary sewer unless such connection is approved by the board for purposes of disposal of polluted surface drainage. (j) The connection of the building sewer into the sewer system shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Tribe and/or as required by the board. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the board before installation. (k) The applicant for the building sewer permit shall notify the board when the building sewer is ready for inspection and connection to the sewer system. The connection and testing shall be made under the supervision of an authorized representative of the board. (l) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other property disturbed in the course of the work shall be restored in a manner satisfactory to the board. (m) All construction related to sewer installation within the Greater Nespelem Sewer Service Area shall be governed by the latest edition of the Washington State Chapter American Public Works Association Standard Specifications for Municipal Public Works Construction.
(a) No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to the sewer system. (b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm drains or to a natural outlet. Unpolluted industrial cooling water of process waters shall be discharged to a storm drain or natural outlet. (c) No person shall discharge or cause to be discharged any of the following described waters or wastes to the sewer system:
(d) The following described substances, materials, waters, or waste shall be limited in discharges to the sewer system to concentrations or quantities which will not harm either the sewer system, waste water treatment works processes, or equipment, will not have an adverse effect on the underlying groundwater, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The board may set limitations lower than the limitations established in the regulations below if, in the opinion of the board, such more severe limitations are necessary to meet the above objectives. In forming an opinion as to the acceptability, the board will give consideration to such factors as the quantity of subject waste in relations to flows and velocities in the sewers, materials or construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment works, degree of treatability of the waste in the wastewater treatment works, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sewer system which shall not be violated without approval of the board are as follows:
(e) If any waters or wastes are discharged or are proposed to be discharged to the sewer system, which waters contain the substances or possess the characteristics enumerated in section 6-7-5(d) and which in the judgment of the board may have a deleterious effect upon the sewer system, wastewater treatment works, processes, equipment, or underlying groundwater, or which otherwise create a hazard to life or constitute a public nuisance, the Board may:
If the board permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the board. (f) Grease, oil, and sand interceptors shall be provided when, in the opinion of the board, such devices are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in section 6-7-5(d)(3), or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the board and shall be located as to be readily and easily accessible for cleaning and inspections. In the maintaining of the interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal. Any removal and hauling of the collected materials not performed by owner(s)' personnel shall be performed by currently licensed waste disposal firms. (g) Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. (h) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in the Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the board.
(a) No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewer system and wastewater treatment works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(a) The members of the board and any duly authorized employees of the Tribe shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the sewer system in accordance with the provisions of this Chapter. (b) The members of the board and any duly authorized employees of the Tribe shall be permitted to enter all private properties through which the Tribe holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewer system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(a) The following classifications of users and the following monthly usage rates are hereby established and shall be charged to all users of the sewer system and treatment facility of the Greater Nespelem Sewer Service area as set forth herein below:
(b) The owners of all improved real property served by the sewer system shall be legally liable to the Colville Confederated Tribes for payment of all sewer charges assessed against said property. The Colville Confederated Tribes shall have a lien against all real property, except property held in trust by the United States of America, together with improvements thereon, for all delinquent charges assessed against said real property. In the event of delinquency in payment of sewer use charges or other proper charges related to the operation of the sewer system, the Colville Confederated Tribes shall have the right to collect said delinquent charges by all appropriate means, including but not limited to foreclosure of said lien. In event such charges remain delinquent for more than fourteen (14) days, the Tribe shall have the right to disconnect the water or other utility service and a charge of $5.00 shall be made for reconnecting such service. (c) Monthly billings for sewer use charges shall be rendered to all customers. All accounts shall be due and payable within thirty (30) days from the date of billing, and delinquent accounts shall bear interest at the rate of 8% per annum from the date upon which payment is due. (d) There shall be a permit fee of $25.00 assessed to all customers making application for connection into the sewer system.
(a) Any person found to be violating any provision of this Chapter except section 6-7-6 shall be served with written notice stating the nature of the violation and providing a ninety (90) day time limit for the satisfactory correction thereof. The offender shall, within the period of the time stated in such notice, permanently cease all violations. (b) Any person who shall continue any violation beyond the time limit provided for in section 6-7-9(a) shall be guilty of an offense and on conviction thereof shall be fined in an amount not exceeding $100.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (c) Any person violating any of the provisions of this Chapter shall become liable for any engineering, legal, or administrative expense, loss, or damage occasioned by reason of such violation.
(a) The invalidity of any section, clause, sentence, or provision of this Chapter shall not affect the validity of any other part of this Chapter which can be given effect without such invalid part or parts.
(a) This Chapter shall take effect and be in force five (5) days from and after date of passage of the resolution of approval and adoption. (Chapter 6-7 Adopted 8/14/78, Resolution 1978-611) INTENT Governing sale and distribution of tobacco products and cigarette allocations by the Colville Confederated Tribes.
This ordinance shall be known as the Tobacco Chapter of the Colville Tribal Law and Order Code.
As used in this Chapter, the following words and phrases shall each have the designated meaning unless a different meaning is expressly provided.
The Council may license one or more tobacco outlets within the Colville Reservation as the Council in its sole discretion deems necessary to provide adequate service to consumers of cigarettes and tobacco products. In addition, tobacco outlets shall obtain a federal Indian trader's license as provided in section 6-8-6.
Any enrolled member of the Confederated Tribes of the Colville Reservation, 18 years of age or older may apply upon an application form provided by the Council for a tobacco outlet license. The application shall state, at minimum, the name, enrollment number, physical address of the applicant and outlet, and be signed by the applicant under oath.
Upon approval of an application, the Council shall issue the applicant a tobacco outlet license for a three (3) year period which shall entitle the operator to establish and maintain one tobacco outlet on the Colville Reservation. The license shall be renewable in such manner as the Council shall prescribe and shall be non-transferrable. If the terms of the license are not violated after expiration, the license shall automatically be renewed.
No tobacco outlet license shall be issued until the operator has obtained a federal Indian trader's license from the Superintendent of the Colville Indian Agency. Revocation of the federal trader's license shall be ground for revocation of the operator's tobacco outlet license.
An operator may apply to the executive director for a cigarette allocation. The application shall state at minimum the number of cartons requested, the voting district, and be signed by the applicant.
Upon partial or full approval or denial of an application for a cigarette allocation, the executive director shall provide the operator with written notice of the decision by certified mail within ten (10) days.
No operator receiving an allocation from the Tribes shall knowingly attempt to purchase cigarettes from the Tribes' allocation from any wholesaler in excess of said operator's annual allocation.
The executive director may impose a fee or fees to tobacco outlets for each carton of cigarettes received by the outlet from the Tribes' cigarette allocation.
An operator may not sell or allow to be sold any tobacco products to any person under the age of 18 years.
An operator shall not attempt or be authorized to waive the sovereign immunity of the Tribes from suit, nor shall such operator attempt or be authorized to create any liability on behalf of the Tribes.
No person who wishes to sell part of the Tribes' cigarette allocation shall operate a tobacco outlet on the Colville Reservation without having in effect a valid tobacco outlet license issued pursuant hereto.
An operator shall maintain liability insurance upon his/her premises in the sum of $100,000.00, and provide proof of insurance to the Tribes for active maintenance of his/her tobacco outlet license.
The Tribal Court is empowered to seize, attach, and forfeit all tobacco products belonging to any operator who shall be found in violation of this Chapter. In addition the Tribal Court may revoke the operator's tobacco outlet license, impose a fine of not more than $5,000.00 per violation or jail for a period of not more than one (1) year, or both.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances is not affected. (Resolution
1996-40 rescinded Resolution 1974-565)
CHAPTER 6-9 ANIMAL CONTROL AND PROTECTION LIVESTOCK IMPOUNDMENT (Repealed 4/17/97)
(Repealed and replaced 2/7/85 with Wild Horse Ordinance, Resolution 1985-58)
(Subchapter 6-9-30 through 40 Repealed and Replaced 6/28/82, Resolution 1982-359)
(a) "Running at large" means a situation when a any dog is found within the boundaries of the Colville Indian Reservation on public property or on the property of persons other than the person owning or keeping the dog unless the dog is accompanied by some person exercising control thereof. (b) "Animal control authority" means any tribal police officer or any other person or organization so designated by the Colville Tribal Business Council or by the chief of the tribal police to perform the functions of this subchapter. It shall also include any tribal range rider and fish and game officer. (c) "Stray dogs" means a dog with no owner's identification upon it and whose owner cannot be ascertained upon reasonable inquiry. (d) "Vicious dog" means any dog that when unprovoked:
(Adopted 11/19/87, Resolution 1987-647) (e) "Proper enclosure" means, while on the owners property, a vicious dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. (Adopted 11/19/87, Resolution 1987-647) (f) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. (Adopted 11/19/87, Resolution 1987-647)
No person owning or having control or custody of any dog shall allow such dog to run at large within the boundaries of the Colville Indian Reservation.
No person shall own, keep or harbor any dog within the boundaries of the Colville Indian Reservation which by loud, continued or frequent howling, yelping, or barking shall unreasonably annoy, disturb or endanger the health, welfare, or repose of any person or neighbor. The owners or keeper of a female dog in heat kept or found within the boundaries of the Colville Indian Reservation shall cause such animal to be penned or enclosed in such a manner as to preclude other animals from attacking such female animal or being attracted to it.
No person shall keep, own or possess within the boundaries of the Colville Indian Reservation any vicious dog unless muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person or confined in a proper enclosure as defined in section 6-9-30(e) in such a way as to prevent it from biting any human being; nor permit such dog to run at large at any time. Any person shall have the right to destroy immediately any dog engaged in the process of injuring or harassing livestock or other domestic or game animals or threatening or inflicting harm to any person, or inflicting serious harm to personal or tribal property. (Amended 6/28/82, Resolution 1982-359)
It shall be the duty of the owner or keeper of any dog or dogs found chasing, biting, or injuring any livestock or other domestic animal or game animal, upon being notified of that fact by the owner of such livestock or domestic animal or by an Animal Control Authority, to keep such dog or dogs in leash or confined upon the premises of the owner or keeper thereof. If such owner or keeper of such dog or dogs shall fail to neglect to comply with the provisions of this section, it shall be lawful for the owner of such domestic animals or an Animal Control Authority to kill such dog or dogs not so confined.
It shall be the duty of any person owning or keeping any dog or dogs which shall be found killing any livestock or other domestic animal or game animal to kill such dog or dogs within forty-eight (48) hours after being notified of that fact by the owner of such livestock or domestic animal or by an Animal Control Authority. If such owner or keeper of a dog or dogs shall fail or neglect to comply with the provision of this section, it shall be lawful for an Animal Control Authority to kill such dog or dogs or for the owner of such livestock or domestic animal to kill such dog or dogs if found running at large.
Every person owning or keeping a dog shall be liable in damages for any injury committed by such dog and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous. However, proof of provocation of an attack by any injured person shall be a complete defense to any action for damages.
It shall be unlawful for any person to abandon any dog within the boundaries of the Colville Indian Reservation or for any owner or keeper of a dog to neglect to furnish adequate food or care for said dog.
6-9-38 Identification and Registration (a) Any dog found or kept within the boundaries of the Colville Indian Reservation must be registered and have an identification tag issued by the Animal Control Authority attached to the dog's collar. (b) It is unlawful for an owner to have a vicious dog on the Reservation without a certificate of registration issued under this section. (c) The Animal Control Authority shall issue a certificate of registration to the owner of such animal if the owner presents to the authority sufficient evidence of:
(Amended 11/19/87, Resolution 1987-647)
No more than two dogs per residence is allowed in any residence located in the Tribal HUD Communities in the Omak, Nespelem, Keller and Inchelium districts. Any excess number of dogs found at any of these residences may be seized and destroyed by an Animal Control Authority.
Any dog found running at large in violation of this Subchapter shall be subject to seizure by the Animal Control Authority. If ownership of the dog may be reasonably ascertained or is known upon a first violation the dog shall be returned to the owner along with a written warning citation. Upon a second violation a citation will be issued and the owner or keeper charged with an offense. The third violation shall upon conviction of the owner or keeper result in the destruction of the dog by the Animal Control Authority. Stray dogs will be destroyed by the Animal Control Authority. If any dog of fierce, dangerous or vicious propensities is found running at large and cannot be safely seized, such dog may be destroyed by the Animal Control Authority.
Any vicious dog shall be immediately confiscated and destroyed by the Animal Control Authority if:
(Adopted 11/19/87, Resolution 1987-647)
6-9-70 Offense It shall be unlawful and prohibited for any person to do any act the performing of which is prohibited under this Chapter or to fail to do any act the performance of which is required under this Chapter.
The procedures established for criminal offenses under this Code shall be utilized for violations of this Chapter committed by persons subject to Tribal criminal jurisdiction. In the event a defendant plead guilty or is found guilty of committing an offense the Court may impose all or any of the following penalties:
Provided however, the owner of any dog that aggressively attacks and inflicts harm to any person whether the dog has previously been declared a vicious dog, shall be guilty of a Class A offense punishable in accordance with CTC 3-1-260. In addition, the dog shall be immediately confiscated by the Animal Control Authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Amended 11/19/87, Resolution 1987-647) 6-9-72 Enforcement Against Persons Not Subject to Tribal Criminal Jurisdiction The Colville Confederated Tribes may bring an action for a civil penalty against any person who is alleged to have engaged in an activity which is violative of this Chapter and who is not subject to Tribal criminal jurisdiction. The Colville Confederated Tribes may bring an action for forfeiture of any articles or animals seized by reasons of use in activities prohibited under this Chapter. Such penalty and forfeiture actions shall be brought under the procedures established in Chapter 2-3 of this Code. Any person violating the provisions of this Chapter shall be subject to exclusion from the Reservation under the applicable Chapter of this Code. (Chapter 6-9 Adopted 6/28/82, Resolution 1982-359)
CHAPTER 6-10 WATER UTILITIESGENERAL PROVISIONS 6-10-1 Title and Date This Chapter shall be titled the Water Utilities Chapter of the Colville Law and Order Code. This Chapter shall become effective immediately upon adoption by resolution by the Colville Tribal Business Council.
The purpose of this Chapter is to define the policies, establish an organization and identify the necessary rules and regulations for:
It shall be the policy of the Colville Confederated Tribes to operate, maintain and manage the public water utilities on the Colville Reservation so that the community residents are provided with a high level of water services designed to minimize exposure to adverse conditions which could negatively impact the physical and environmental health of any individual or the community. It shall also be the policy of the Colville Confederated Tribes that the operation, maintenance and management of the public water utilities shall be carried out through an efficient program and in a financially responsible, cost effective, and self-sufficient manner.
The authority to establish a Tribal Utility Organization and to levy appropriate user fees to all residents and organizations operating on the Colville Reservation is provided in Articles V and sections 1 (a) and 1 (e) of the Colville Confederated Tribal Constitution.
6-10-30 General Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter are as follows:
6-10-80 Establishment of Utility Department There is hereby established the Colville Confederated Tribal Utility Department having the responsibility for operating on and maintaining the tribal public water utilities and providing essential community water services directly or by contract.
There is hereby established the Colville Confederated Tribal Utility Authority to serve as the advisory, administrative and management authority for the Colville Confederated Tribal Utility Department. The Utility Authority shall operate as a subordinate unit of tribal government independent in its daily operation, but responsible to the Tribal Business Council for its actions. The methods of appointment, terms of office, and operating procedures of the Utility Authority shall be set forth in this Chapter and in regulations adopted by the Utility Authority.
The Utility Authority shall manage the public utilities of the Tribes, and obtain and disburse funds as required for operation, maintenance and expansion of the tribal public utilities. To fulfill these responsibilities, the Authority shall have the power to:
(a) The Utility Authority shall be composed of five (5) persons appointed by the Tribal Business Council. One person shall be selected as a Tribal Council designee. The other four (4) persons shall be selected from the general tribal community where the Tribes own community water systems, as provided in section 6-10-84(b). (b) A community representative shall be selected from each of the following communities:
(c) Members of the Utility Authority shall be known as utility commissioners. (Amended
6/20/02, Resolution 2002-386)
(a) Except for the initial authority membership, all commissioners will serve two (2) year terms. (b) Initial commissioners of the authority who represent the following shall serve terms as follows:
(Amended 8/23/01 , Resolution 2001-482) (c) Terms shall expire upon the swearing in of newly appointed commissioners. (Amended
6/20/02, Resolution 2002-386) The Tribal Council shall appoint a Tribal Council designee to the Utility Authority. For the commissioner position to be filled by tribal community members, the Council shall advertise for fifteen (15) days in the tribal newsletter or by other public notice, soliciting interested persons for nomination. For all commissioner positions, the Council shall choose persons capable and willing to perform the duties of the authority. After receiving nominations, the council shall appoint commissioners by a majority vote. (Amended
6/20/02, Resolution 2002-386)
If a commissioner resigns, moves from the local area, dies, or is found guilty of a felony or major crime in any court of law, the Tribal Council shall declare the commissioner position vacant. If any commissioner misses two consecutive Utility Authority meetings without a valid excuse, the Tribal Council shall declare the position vacant. All vacancies shall be filled within one (1) month in accordance with this section.
Within ten (10) days after appointment of the initial commissioners, there shall be an organizational meeting of the Utility Authority to elect a chairman, vice chairman and a secretary-treasurer from among the Utility Authority commissioners. The officers shall be elected annually thereafter, immediately following the appointment of the new commissioners by the Tribal Council. The commissioners, if finding it duly necessary, have the authority to relieve an officer of his/her position by a majority vote of the Utility Authority.
Officers of the Utility Authority shall assume the following duties:
The Utility Authority shall meet when business demands and requires attention, but in no case less than once per quarter. Regular and special meetings shall be called by the chairman. Any three (3) commissioners may request the chairman, in writing, to schedule a special meeting of the Utility Authority. If the chairman fails to schedule a meeting within five (5) days after receipt of a written request, any three (3) commissioners may call such a meeting. Meetings shall be held in public places, and the Utility Authority shall provide at least five (5) days public notice of special authority meetings. Emergency meetings may be convened with less than five (5) days notice, in cases of emergency where loss of life, limb or property is threatened, where the continued operation of fiscal capability of the tribal water utilities may be in jeopardy. All meetings shall be open to members of the tribal community and to users of the tribal water utilities.
A minimum of four (4) commissioners is required to establish a quorum and conduct Utility Authority business. Any action taken by the Utility Authority must be approved by a majority vote of those commissioners present at a Utility Authority meeting. Each commissioner of the Utility Authority, except the chairman, shall be entitled to vote on each matter coming properly before the Utility Authority. The chairman shall vote only in the event of a tie. (Amended
6/20/02, Resolution 2002-386) (a) Regular meetings of the Utility Authority shall be conducted according to the following agenda outline:
(b) By-laws for Utility Authority meetings shall be developed by the commissioners.
Commissioners of the Utility Authority shall serve without monetary compensation, except as determined by the Tribal Council. The Council shall establish prevailing government rates for mileage, per diem, or other costs, consistent with tribal policy, and shall direct the business manager to approve such expenditures; provided that funds are available within the Utility Department budget approved by the Utility Authority and ratified by the Tribal Business Council.
The Utility Authority shall convene public hearings to discuss changes in utility rates assessed to users of tribal public utilities. All users of tribal public utilities shall be posted at appropriate places within the community and/or in the tribal newspaper.
6-10-120 Management Personnel The Utility Authority shall manage the business and operating affairs of the Utility Department. The Utility Authority may facilitate the hiring and contracting of personnel for the care and maintenance of the tribal water utilities, provided that hiring shall be in accordance with tribal personnel policies and the interview, screening and appointment be approved by Public Works & Utilities. The Utility Authority shall establish compensation rates consistent with the Public Works & Utility Department approved budget. The Utility Authority may delegate only those management duties that are not specifically designated as duties to be performed exclusively by the Utility Department.
The Public Works Department and Utility Authority shall establish an annual budget enumerating the necessary costs of the Utility Departments operation, maintenance, administration, personnel, liability and other insurance, equipment replacement, and a reserve for major repairs and capital expenditures. The budget shall be prepared by the utility manager, reviewed by the Utility Authority and submitted through the Public Works & Utilities Department to accounting for administrative review. (Amended
6/20/02, Resolution 2002-386)
The annual budget shall be used to determine a fee schedule to be assessed to the users of the tribal water utilities. The budget and fee schedule shall be approved by the Utility Authority and ratified by the Tribal Council. The fee schedule shall be a separate document titled "User Fee Schedule", and to include water rates with additions to the rates for future service upon attachment. The fiscal year for the Utility Department shall be the same as the fiscal year of the Tribal Council.
The depository of the Utility Department shall be a separate commercial account or accounts in any bank selected by the tribal central accounting. Said account shall be in the name "Colville Confederated Tribal Utility Authority."
Funds on deposit in excess of thirty (30) days working capital may be invested in insured deposits at a commercial bank, savings and loan association or investment company offering the highest interest rate, provided that investment deposits shall have immediate liquidity. Investment deposits shall be made by the Accounting Department. Withdrawals of investments require the approval of the Utility Authority treasurer. Withdrawals from accounts shall be managed by central accounting personnel and signed by the tribal signatory authority with monthly reports to the Utility Authority.
The Utility Authority shall determine the distribution of funds required for the operation, maintenance and management of the tribal water utilities. Disbursements will be made by check upon presentation of invoices or vouchers. Disbursements shall be made by the Central Accounting Department. The checks written shall be signed by a signatory authority of the department/administration or designated tribal signor. Cash receipts will be deposited intact, as to amount, in the depository promptly. Receipts will be issued for all cash received and copies filed and retained for accounting.
Suitable financial records shall be maintained for all expenditures, receipts from payments for services, investments and returns on investments, and any other financial matters necessary for operation of the Utility Department. The separate accounting records for the department shall be maintained in an appropriate business like manner. The records of accounts shall be made available to the Tribal Council upon request.
The funds accrued by the Utility Authority and kept on deposit are for the exclusive use of the Utility Department for the necessary operation, maintenance, and management of the tribal water utilities. Utility Authority funds shall not be transferred or loaned to the tribal general fund or any other accounts of the Tribes or other tribal department, except to pay for services provided to the Utility Authority, Utility Department of Public Works & Utilities Department by other tribal departments as authorized by the utility manager and through the tribal procurement process that may be reviewed by the Utility Authority. The accounts of the Utility Authority will be audited annually at the close of the fiscal year at the expense of the Utility Department. Annual and periodic reports will be submitted by the Utility Authority to the Tribal Council.
Fire and other insurance on property owned or used by the Utility Department or on property in which the Utility Department has an insurable interest shall be in amounts and type of coverage specified by the Utility Authority. Insurance may be part of the tribal insurance policies, with the expenses thereof pro-rated to the department if so directed by the Tribal Council.
The Utility Authority shall have the authority to adopt appropriate regulations and policy as needed to implement the provisions contained in this Chapter. Any proposed regulation or policy shall be submitted to the Tribal Council for review at least two weeks prior to its proposed effective date; provided, however, that emergency regulations may be adopted, and shall take effect immediately, without prior Council review. Emergency regulations shall be transmitted to the Tribal Council within forty-eight (48) hours after adoption. Any regulation may be rescinded or approved by the Tribal Council at its discretion.
No regulation duly adopted by the Utility Authority may be suspended or altered by any person without prior written authorization of the Utility Authority.
The Utility Authority shall recommend amendments to this Chapter that it believes necessary to promote the efficient, cost effective and self-sufficient operation of the Utility Department, and shall present such amendments to the Tribal Council for approval.
Any customer or any applicant for utility services, who is aggrieved by any action of the Utility Department or the Utility Authority may file a grievance with the Utility Authority. The Utility Authority shall abide by the regulation set forth in this Chapter and shall handle such grievances in a manner which provides for due process of law. All decisions by the Utility Authority on matters that have been submitted for grievance under the Utility Department's grievance procedures shall be considered final. Final decisions of the Utility Authority may be appealed to Tribal Court by an aggrieved party only on the basis that the Department's grievance procedures were not followed, or that due process was denied.
The Utility Authority is an agency of the Colville Confederated Tribes, and thereby retains all rights of sovereign immunity of the Tribes. By providing services and entering into service agreements, the authority shall not waive the sovereign immunity of the Colville Confederated Tribes or any of its officers, agents, attorneys or employees, or any one else acting at the direction of and on behalf of the Colville Confederated Tribes.
6-10-170 Services Provided The services provided by the Utility Department shall include public water only. Additional services may be provided upon approval by the Utility Authority and ratification by the Tribal Council.
The Utility Authority is responsible to provide safe, adequate water for a fee to those houses connected to the mainlines of the community water system. Responsibility for maintenance will include water sources, storage tanks, controls, mainlines, valves, hydrants, and service lines to the curb stops only. The service line from the curb stop to the house and interior house plumbing are the responsibility of the customer. The individual household water meters are owned by the Utility Authority and it is the responsibility of the department to maintain the meters.
At some future date the Utility Authority may assume responsibility to provide sewer, solid waste, electrical, gas, telephone, cable TV or other utility services.
The utility manager shall develop and follow a regular schedule of maintenance service for each water system and components thereof. A record shall be kept of all routine maintenance and needed repairs performed.
The utility authority shall facilitate the Public Works and Utility Department to hire, evaluate and discipline or fire if necessary the personnel required to manage, operate and maintain the public utilities. The specific personnel policies of the Tribes shall be followed. Job descriptions for all employees will be developed and followed.
The utility manager may make or approve purchases for amounts up to $300. Above this amount, the utility manager must give approval and disburse funds according to appropriate sections of this Chapter. An accurate account and receipts of all expenditures will be kept. In the event of an emergency requiring purchases over the amount of $300, the utility manager shall be able to make necessary purchases subject to later review. All procurement shall be consistent with tribal purchasing policies. All utilities equipment shall be maintained according to the established maintenance schedule and quickly repaired when necessary so that disruptions in service are minimized. Utility tools and equipment are not for personal use. Equipment shall not be loaned to other tribal departments. A record of tools and the individual to whom they were assigned shall be maintained. Individuals will be held responsible for the security of tools and supplies that are assigned to them. An accurate inventory of tools, equipment, and supplies will be kept up to date. A reserve supply of repair parts and regularly used supplies will be maintained by the department. A listing shall be kept of local suppliers of repairs parts, replacement equipment and expendable supplies.
Any person filing a complaint or seeking information shall be given assistance in a courteous manner. Complaints may be presented verbally or in writing to any department staff member for resolution and action. Complaints that cannot be resolved within ten days should be referred to the Utility Authority in writing. The Utility Authority will resolve such complaints at the next regularly scheduled meeting of the authority. The chairman may call a special meeting of the commissioners to resolve complaints as deemed necessary.
An emergency notification plan will be developed by the Utility Authority and reviewed annually for notifying residents and visitors of:
All employees that are newly assigned to operate the water systems shall receive instruction from an experienced operator before the new employee assumes responsibility for operations. The Utility Authority will assure that operators maintain current knowledge of water system operation techniques. A training plan for the operators shall be developed which will provide for upgrading of knowledge and skills in water system operations, maintenance and management. The department manager shall be required to possess a current Washington State certification as water distribution manager.
The department shall not be responsible for, nor shall it maintain or repair, any private or domestic water system except by specific agreement establishing fair rates of compensation to the Utility Department, and that is approved and signed by the Utility Authority and owner of such facilities. The Utility Department shall not be liable for any loss or damage beyond its control resulting from any defect in, or damage to a customer's water lines or fixtures, driveways or parking lots, hydrants or lighting.
The Utility Department, or its authorized representative, is hereby authorized to make limited, reasonable inspection, at reasonable times, of any grounds, building or residence served by the Utility Department to the extent necessary to insure that customer utility fixtures, lines, and equipment are not being operated in a manner that would likely disrupt or interfere with utility services. Except in cases of emergency where life, limb, or property are threatened, or in cases of immediate water shortages, the Utility Department shall give the customer at least twenty-four (24) hours notice prior to requesting permission to enter and inspect. If permission to enter and inspect is denied or impeded in any way, the Utility Department shall obtain a court order authorizing such entry and inspection. Where the permission to enter and inspect is unreasonably withheld, the Utility Department may assess court costs and related expenses and add them to the affected customer's bill.
The Utility Department may shut off water service, or disrupt traffic on the public right-of-way to perform repairs, provided that advance notice has been given to affected customers. In cases of emergencies where loss of life, limb or property is threatened, or in cases of immediate water shortage, service may be disrupted without advance notice. The Utility Department shall not be responsible for consequent damage as a result of lack of water sewerage during authorized disruptions of service. The department shall not be liable for any associated damages or delay caused by the breaking or leaking of any pipe, valve, fixture or other contrivance as a result of the lack of water to or from any mains, services, hydrants, lines or reservoirs during authorized disruptions of service.
No connection, re-connection with, disconnections from, or other private use of any Utility Department water system, or appurtenance shall be made without written permission of the Utility Authority. No construction of any private water system is authorized without written permission from the Utility Authority. The Utility Authority may require such plans from the permit applicant as it determines are necessary to decide whether or not a permit should be issued. The Utility Authority may also require and establish a fee for construction permits. All temporary users (water trucks, drillers, etc.) shall obtain a permit from the Utility Authority and are subject to inspection by the utility manager/authority.
In cases of a water shortage proclaimed by the Utility Authority, the Utility Department shall regulate the amount of water any customer may be allocated. The Utility Authority also may give preference to the customers and/or amounts of water to be allocated, provided the Utility Authority allocates water according to public necessity of convenience, and provides for fair allocations between customers. Any customer violating a legal allocation may have his water service discontinued. Service shall be resumed only upon payment of the approved reconnection fee and any penalties.
The Utility Authority reserves the right to terminate customer's service when the customer has repeatedly, and unduly wasted water. Such undue waste is evidenced by the fact that hydrants, taps, hoses and other fixtures are permitted to run continuously without specific prior approval of the authority. Where such conditions have been observed, the Utility Authority having been notified of the condition, may terminate water to the premise if the condition is not corrected within forty-eight (48) hours after receipt of the notice. Service shall be resumed only after correction of the condition causing a wastage of water and payment by the customer of the approved reconnection fee, penalties and any other accounts in arrears to the Utility Authority.
The department shall conduct operation, maintenance and repair services in a manner that will maximize the conservation of natural, financial, and property resources. Customers of the department shall be encouraged to conserve water resources. The department may offer assistance and service to customers for water conservation and other material resources conservation and recovery as determined to be feasible by the Utility Authority.
Any building within the service area of the utilities shall be eligible for services, provided all of the following conditions are met:
All homes hereafter that are connected to the community water system are required to install a water meter. All meters for the measurement of utility services provided shall be installed in accordance with the requirements of the Utility Department in such locations as the Utility Department shall direct. All such meters shall be the property of the utility and shall be maintained by it. All meters shall remain accessible to Utility Department personnel and no person shall obstruct or tamper with any meter. Such obstruction or tampering shall be a violation of this Chapter and subject the violator to actual damages and civil penalties under this Chapter. The assignee of the property on which the meter is located shall be responsible for all damage of tampering or turn off/on water valve with such meter.
6-10-220 Conditions for Services, Payments As a condition for receiving utility services from the Utility Department, the customer shall comply with all provisions of this Chapter, and any regulations duly adopted by the Utility Authority as well as any other applicable codes or regulations, including being current in the payment of all fees, penalties, costs, damages, or other charges assessed by the department. The customer shall keep a balanced account with the Utility Department for services rendered.
The customer shall be responsible for maintaining and repairing water lines located on or in the customer's grounds, building or residence in compliance with the applicable regulations. The customer shall notify the Utility Department in advance of major maintenance or repairs planned for water lines. The customer shall permit the Utility Department to inspect the work for compliance with applicable regulations. The customer shall be liable for any damage to the Utility Department's lines, equipment or other property caused by the customer, his family, guests, invitees, tenants, agents, employees, contractors, licensees or permitees, or other persons under the customer's control or authority.
A customer planning to vacate any grounds, building or residence served by the Utility Department shall notify the Utility Department in writing one (1) week prior to the date the customer plans to either vacate or terminate service, whichever is later. A customer who fails to give notice is responsible for all charges accrued up to one (1) week after notice is received by the Utility Department, or up until service is terminated, whichever comes first.
During water shortages declared by the Utility Authority, the customer shall limit his use of water according to allocations established by the Utility Authority.
The customer shall not unreasonably withhold permission for the Utility Department to enter and inspect the Utility Department's and customer's fixtures, line and equipment when necessary to insure that they are operating in a manner that would not likely disrupt or interfere with utility services. The customer shall be liable for any costs or related expenses caused by his unreasonable withholding of permission.
The customer shall obtain written permission from the Utility Authority prior to making any connection, reconnection, with, disconnection from, or other private use of any Utility Department water system or appurtenances. The customer shall obtain written permission from the Utility Authority prior to constructing any private water system. All fees assessed by the Utility Authority shall be paid by the customer prior to construction.
The customer shall not make a cross-connection with the tribal public water supply. A cross-connection is defined as any physical connection between the tribal public water system and another system, either water or waste. Any individual source must be totally disconnected from the household plumbing prior to connection to the tribal water supply. "Disconnection" done solely by a valve shall not be allowed.
6-10-260 Fee Schedules Establishment The schedule of fees for water utility services shall be set annually by the Utility Authority. The fee schedule shall be based on the estimated average annual costs for operation of all water utility services. The fee schedule shall include a basic rate for all services, payments of which shall be required of each customer regardless of whether, or the extent to which, the customer uses any of the services, and other fees, charges, penalties and assessments which the Utility Authority is authorized to levy as provided under various sections of this Chapter. The fee schedule may be adjusted as needed to meet utility operating expenses. The fee schedule may include, user fees; meter fees; construction permit fees; late payment charges; and other assessments determined by the Utility Authority and approved by the Tribal Business Council.
The Utility Authority shall hold a public hearing whenever a revised fee schedule is proposed for adoption. At least five (5) days in advance of the hearing, the proposed fee schedule shall be sent to each customer and shall be posted in appropriate places. Following the public hearing the Utility Authority shall set a fee schedule, taking into consideration comments received at the hearing.
A copy of the fee schedule adopted by the Utility Authority shall be sent to each customer at least thirty (30) days prior to the date the established fees take effect.
The Utility Authority and/or Utility Department is responsible for billing customers for utility services. The billing service, however, may be contracted to the Tribes, Housing Authority, or other agency or firm at the discretion of the Utility Authority and Tribal Council.
Each month the Department shall mail to all utility customers a statement detailing the following information:
The monthly date on which payment will be due shall be established by Utility Authority regulation.
Payment not received within ten (10) days after the established due date are considered past due. The department shall issue a notice of payment past due to the customer, detailing the payment owed and the consequences for failure to pay. The notice shall be sent no later than the date the next billing is sent out.
If the payment past due is not paid within ten (10) days after the next regular monthly due date, the account shall be declared delinquent.
The Utility Department shall immediately notify the customer in writing once his account has been declared delinquent, and list the sanctions that may be imposed without further notice.
The Utility Authority may require each new customer to pay an advance deposit equal in amount to the basic monthly rate fees for the first month of service, prior to receiving services. The deposits shall be retained by the Utility Authority no longer than one year. The deposits, with interest compounded at passbook rates, shall be credited to the individual customer's utility account balance at the end of the deposit period, providing that the customer's account is not delinquent and in arrears. Any remaining deposits funds will be returned to the customer.
6-10-300 Authority and Enforcement The Utility Authority is hereby authorized by the Tribal Council to collect established fees for service and to impose sanctions and penalties for nonpayment. The Utility Authority shall enforce its regulations, fee collections and provisions of this Chapter by shutting off water and/or sewer service of any and all violators and delinquent bill-payers or imposing other penalties and sanctions as authorized.
The Utility Authority shall not seek to attach customer's property, nor seek to have fines assessed by Tribal Court, except in limited cases of blatant or continued abuses or destruction of property. The Utility Authority shall develop and adopt a penalty schedule which outlines specific penalties, fines and assessments for violation and non-compliance with the provisions of this Chapter. The penalty schedule shall be reviewed for appropriateness annually by the Utility Authority.
The following sanctions may be imposed by the Utility Authority for failure of the customer to comply with any provisions of this Chapter or with any duly adopted regulation of the Utility Authority. The Utility Authority may delay or adjust sanctions for low income or elderly households for health or humanitarian reasons.
The Utility Authority shall use the following guidelines when considering the appropriate sanctions to be imposed in any given case:
6-10-330 Validity, Severability The invalidity of any section, clause, sentence, or provision of this Chapter shall not affect the validity of any part of this Chapter which can be given effect without such invalid part or parts.
The Colville Confederated Tribal Business Council has the power to amend this Chapter at any time. The Tribal Council shall act upon proposed amendments to this Chapter, submitted for action by the Utility Authority, by approval or disapproval of such proposed amendments.
No employee, officer, contractor or agent of the Colville Confederated Tribes is authorized to suspend or alter any of the provisions of this Chapter without the formal approval of the Colville Confederated Tribal Business Council. (Chapter 6-10 Adopted 10/5/95, Resolution 1995-656) (June 2002 version of Chapter 6-10)
6-11-1 Title - Purpose (a) This Chapter shall be known as the Supplemental Fuel Chapter of the Colville Law and Order Code. (b) To provide a discount on the price per gallon of motor vehicle and special fuel sold by filling stations to tribal members, the Tribes, Colville businesses or tribal businesses; to provide a rebate to filling stations to offset costs in providing such discount in addition to compensation for the maintenance of filling station licenses; and to provide some benefit to tribal members to alleviate the financial hardships associated with the need to travel great distances on the Colville Reservation to obtain services.
(a) "Filling station" means a licensed business operated within the Colville Reservation for the purpose of delivering to the general public motor vehicle fuel or special fuel into the fuel tanks of motor vehicles and into portable containers. (b) "Tribal member" means an enrolled member of the Colville Confederated Tribes. (c) "Council" means the Colville Business Council. (d) "Tribes" means the Confederated Tribes of the Colville Reservation. (e) "Colville business" means a business that is:
(Amended 3/21/96, Resolution of 1996-127) (f) "Tribal business" means a business that is wholly-owned and operated by the Tribes. (g) "Motor vehicle fuel" means gasoline or any inflammable gas, or liquid, by whatsoever name such as gasoline, gas or liquid may be sold, the chief use of which is a fuel for the propulsion of motor vehicles or motorboats. (h) "Special fuel" means all combustible gases and liquids suitable for the generation of power for propulsion of motor vehicles, except that it does not include motor vehicle fuel as defined in section 6-11-2(g) 1. 1 (note: "6-11-1(G)" in original corrected 7/16/01)
(i) "Filling station license" has the meaning pursuant to section 6-12-5 of the Fuel Delivery Chapter under this Code. (j) "Operator" shall mean that person who holds a filling station license. (k) "Executive director" shall mean the executive director of the Tribes. (l) "Tribal Court" shall mean the Tribal Court of the Confederated Tribes of the Colville Reservation.
A filling station shall provide a discount to tribal members, the Tribes, Colville businesses and tribal businesses represented by a reduction from the normal purchase price per gallon at which motor vehicle fuel or special fuel is sold to non-members.
A filling station in compliance with section 6-11-3 2 shall receive a rebate on each gallon of motor vehicle fuel or special fuel sold at the discounted price to tribal members, the Tribes, Colville Businesses or tribal businesses. The rebate amount shall be an amount equal to the discount pursuant in section 6-11-3 in addition to an amount to offset the costs of maintaining the filling station license. 2 (note: "6-11-2" in original corrected 7/16/01)
The executive director shall establish by rule the amount of discount and rebate compensation pursuant to sections 6-11-3 and 6-11-4 3 to be received by filling stations. The Tribe's Administrative Procedure Act shall not apply to rulemaking under this section. 3 (note: "6-11-2 and 6-11-3" in original corrected 7/16/01)
The Tribal Court is empowered to revoke the filling station license of any operator who shall be found in violation of this Chapter. In addition, the Tribal Court may impose a fine of not more than $5000 per violation or jail for a period of not more than six (6) months, or both. (Chapter 6-11 Adopted 10/12/95, Resolution 1995-684)
6-12-1 Title - Purpose (a) This Chapter shall be known as the Fuel Delivery Chapter of the Colville Tribal Law and Order Code. (b) To implement and regulate the terms of the Consent Decree of Confederated Tribes of the Colville Reservation v. Washington Department of Licensing, et al., regarding sale of gasoline within the Colville Reservation; and to provide recordkeeping requirements.
As used in this Chapter, the following words and phrases shall each have the designated meaning unless a different meaning is expressly provided or the context is clearly indicated.
(Amended 3/21/96, Resolution 1996-127)
1 (note: "6-12-1(H) in original corrected 7/16/01)
The Council may license one or more filling stations within the Colville Reservation as the Council in its sole discretion deems necessary to provide adequate service to members of the Tribes.
Any enrolled member of the Confederated Tribes of the Colville Reservation, 18 years of age or older may apply for a filling station license. The application shall, at minimum, state the applicant's name, enrollment number, physical address of the applicant and filling station, and other information the Council deems appropriate, and be signed by the applicant.
Upon approval of an application, the Council shall issue the applicant a filling station license for a three (3) year period which shall entitle the operator to establish and maintain one filling station on the Colville Reservation. The license shall be renewable in such manner as the Council shall prescribe and shall be nontransferable.
No filling station license shall be issued until the operator has obtained a federal Indian trader's license from the superintendent of the Colville Indian Agency. Revocation of the federal Indian trader's license shall be grounds for revocation of the operator's filling station license.
Filling stations on the Reservation shall purchase fuel only from a distributor, special fuel dealer or supplier possessing a valid distributor's license from the state.
Filling stations on the Reservation shall maintain records of all of their purchases of motor vehicle fuel and special vehicle fuel showing, for each transaction:
Filling stations licensed by the Tribes to sell fuel at retail on the Reservation shall maintain records of each sale of fuel showing, for each transaction:
2 (note: "6-12-7 and 6-12-8" in original corrected 7/16/01)
Filling stations on the Reservation shall collect at the pump an amount equal to the State's motor vehicle fuel tax or special fuel tax, as applicable, upon each gallon of such fuel sold or delivered.
No tribal member, tribal business or Colville business that purchases fuel from a filling station shall resell or transfer the fuel to any other person or entity. 6-12-12 Records Inspection/Audit The records described in sections 6-12-8 and 6-12-9 3 shall be made available for inspection during normal business hours by the Tribes provided at least forty-eight (48) hours notice is given to the operator. 3 (note: "6-12-7 and 6-12-8" in original corrected 7/16/01)
An operator shall not attempt or be authorized to waive the sovereign immunity of the Tribes form suit, nor shall such operator attempt or be authorized to create any liability on behalf of the Tribes.
The Tribal Court is empowered to revoke the filling station license of any operator who shall be found in violation of this Chapter. In addition the Tribal Court may impose a fine of not more than $5000 per violation or jail for a period of not more than six (6) months, or both. (Chapter 6-12 Adopted 10/12/95, Resolution 1995-685)
DEFINITIONS 6-13-1 Definitions (a) "Agency" means the Colville Indian Agency and the United States Department of the Interior, Bureau of Indian Affairs, Nespelem, Washington. (b) "Abatement of lead in federally owned housing," PL 102-550 Sec 1013 (302a) requires the abatement of lead-based paint in federally owned housing. (c) "Contested case" means a preceding before an agency in which an opportunity for a hearing before such agency is required by law prior or subsequent to the determination by the agency of the legal rights, duties, or privileges of specific parties. Contested cases shall also include all cases of licensing where a license is revoked, suspended, or modified, or which the granting of an application is contested by a person having standing to contest such a matter under the law. (d) "Council" or "Business Council" means the Colville Business Council of the Colville Confederated Tribes. (e) "Environmental Trust Department" (ETD) means the agency’s department that regulates environment pollution and is delegated the responsibility to implement and administer the lead program. (f)"Lead program terminology" means the Toxic Lead (Pb) Program herein incorporates by reference the federal definitions for lead-based paint activity terms (40 C.F.R. §§ 745.223 and 745.323) unless the term is otherwise defined by the lead program. (g) "License" or "registration" or "permit" means the whole or part of any agency approval, registration, permits, or any form of permission by law to engage in any lead-based paint program activity. (h) "License" or "registration" or "permitting" means the agency respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or modification of license or registration. (i) "Reservation" means all the land within the exterior boundaries of the Colville Indian Reservation established on July 2, 1872, by Executive Order, and to the fullest extent permissible by law, such other lands as have been or may be added to the reservation or held in trust by the United States for the Confederated Tribes of the Colville Reservation or it members (see Section 2-4-2 of the CTC). (j) "Review Board" means a three-member board appointed by the Colville Tribes Business Council to review and rule on contested cases arising from the lead program. Appeals of ETD decisions shall be made to the Review Board in accordance with regulations and due process. The Review Board's decisions are final. (k) "Target facilities" means a child-occupied facility or building or portion of a building constructed prior to 1978, visited regularly by the same child 6 years of age or under, on at least two different days within any week, consistent with 40 C.F.R. § 745.223.
6-13-2 Findings (a) The Council finds that pursuant to public health concerns supported by a recent survey to identify lead-based paint in housing on the reservation, showing significant numbers of structures with high lead levels in paint, it should implement a lead-based paint program. (b) Lead is a naturally occurring element that is toxic to humans when ingested or inhaled. Severe lead poisoning causes convulsions, mental retardation, seizures and sometimes death. Low level exposure to lead reduces intelligence, delays cognitive growth, impairs physical development and has been linked to anti-social behavior. (c) Fetuses and children under age six are more sensitive to lead poisoning because their brain and nervous systems are still developing. (d) Recent studies have indicated that children living on Colville Reservation lands may have blood lead levels exceeding the U.S. Centers for Disease Control’s action level. (e) The source of the most intensive exposure to lead is deteriorating lead-based paint in buildings constructed prior to 1978. Pre-1978 target facilities exist on the reservation. Exposures may be from within target facility or outside soil. (f) The Community needs clear and specific enforceable standards for lead hazard evaluation, testing, abatement and control for target facilities. (g) The Community desires to exercise jurisdiction by receiving federal program authorization to administer and enforce the Toxic Lead (Pb) Program. If the Toxic Lead (Pb) Program authorization is not awarded by August 31, 1998, the federal Environmental Protection Agency will administer and enforce the federal regulations on Reservation Lands. 6-13-3 Basis for Adoption (a) The federal government regulates lead poisoning and lead hazard reduction through:
(b) Implementing regulations of:
(c) In 1992, Congress passed the federal Residential Lead-Based Paint Hazard Reduction Act, which requires that:
6-13-4 Purpose (a) The purpose: This Code provides a comprehensive approach to lead poisoning identification, measurement, control, abatement and prevention.
6-13-5 Program Authority and Regulatory Means (a) The Council is enacting the Toxic Lead (Pb) Program Chapter under the power given to it by the Law and Order Code of the Colville Confederated Tribes and the Colville Tribal Constitution ratified in 1938. (b) The Colville Confederated Tribes maintain Article 319 of the federal Clean Water Act (CWA) Treatment as a State (TAS) recognized by EPA in 1991. (c) The ETD is delegated authority to administer all activities required under the Toxic Lead (Pb) Program and will report directly consistent with Tribes Plan of Operations to the Tribal Business Council on Toxic Lead (Pb) Program matters. (d) The Council will interact with the federal Environmental Protection Agency and Indian Health Services as necessary to insure implementation of the Toxic Lead (Pb) Program. (e) In accordance with any applicable provisions of the Tribal Code, Rules of Procedure, the Colville Business Council by rule shall direct the Toxic Lead (Pb) Program to establish a system to license businesses and individual persons in lead-based paint program activities required to be licensed under section 6-13-7 1. Such licensing shall include but not be limited to the requirements found in 40 C.F.R. § 745.226. 1 (note: "7 of this 1998 Code" in original corrected 7/16/01) 6-13-6 Accreditation, Training and Education (a) The Toxic Lead (Pb) Program shall develop accreditation programs for training providers in cooperation with the Wenatchee Valley College by memorandum of agreement and other approved EPA-approved accredited programs. (b) Administrative rules are to be developed by the Toxic Lead (Pb) Program and adopted by the Council which provide for the accreditation of training programs and faculty engaged in lead-based paint program training. (c) Training Program accreditation rules must meet the minimum requirements of 40 C.F.R. § 745.225. (d) Develop and conduct education programs in cooperation with Indian Health Services and other tribal programs to screen blood levels, identify hazards, provide public lead education, including parents, residential dwelling owners, and child care facility operators, about the dangers of lead-based paint hazards and of appropriate precautions that should be taken to reduce the possibility of childhood lead poisoning.
(a) Persons and firms working lead-based paint activities as prescribed in 40 C.F.R. part 745 are to be certified in appropriate certification classification. (b) EPA standards and requirements for certification by firms and individuals are prescribed in rules and regulations developed by tribal staff using EPA criteria for certification procedures as described in 40 C.F.R. Part 745. 6-13-8 Licensing Required (a) No person shall perform lead-based paint activities on this reservation or on lands off this reservation which are under tribal control unless the person is licensed in the appropriate lead-based paint discipline under section 6-13-7 2. 2 (note: "sub-chapter 7 of this 1998 Code" in original corrected 7/16/01) (b) No person required by this section to obtain a license shall fail to comply with provisions in this 1998 Code or any rules adopted pursuant thereto. (c) No person registered to conduct a lead-based paint activity business may employ any individual to perform lead-based paint activities who is not licensed in the appropriate lead-based paint discipline.
(a) Upon promulgation of the federal rules applicable to this section, said federal rules shall be herein incorporated. (b) All target facilities constructed prior to 1978 are subject to prerenovation notification requirements when one of the following conditions are met:
(c) Upon notice of the proposed improvements, prerenovation lead hazard information will be mailed by first-class to the target facility. (d) The federal prerenovation notification information content requirement (40 C.F.R. § 745.227) is herein incorporated by reference.
(a) Upon promulgation the Toxic Lead (Pb) Program is authorized to enter and inspect, through consent or warrant, premises or facilities where lead program violations may occur, where training is conducted, or where other activities regulated by this Chapter take place. The authority of the Toxic Lead (Pb) Program includes but is not limited to the inspection of equipment, review of records, taking samples, and such other acts as may be reasonably necessary to enforce this Chapter. (b) The Toxic Lead (Pb) Program, in addition to invoking other sanctions available to it, may invoke any of the following remedies to ensure compliance with and address any violation of the Toxic Lead (Pb) Program:
(c) No application of sanctions or remedies shall occur without fair notice to and opportunity to be heard given to appropriate person in accordance with tribal policies and procedures and Review Board decision. (d) No penalty or other remedy shall be imposed except upon reasonable notice and opportunity to be heard. (e) Appeal of Toxic Lead (Pb) Program shall be made to the Review Board.
(a) Adequate enforcement personnel training in compliance with 40 C.F.R. §§ 745.225, 745;226 and 745.227. (b) The Toxic Lead (Pb) Program will provide technical and compliance assistance to tribal members, tribal businesses, the tribal government and others for all aspects of the lead program. (c) An enforcement and compliance performance system must be maintained and must consist of at least the following elements:
The federal practice standards for conducting lead-based paint activities (40 C.F.R. § 745. 227) regulating conduct for lead program inspections, lead hazard screens, risk assessments, and abatements are prescribed as a part of the rules adopted pursuant to this Chapter relating to work certification.
Funds collected will be used to maintain the Toxic Lead (Pb) Program. Fines will be imposed when other measures are exhausted. Authorization of expenditure limits and limits of payments of expenses from fees are limited to monies or other revenues, including miscellaneous receipts and federal funds, collected or received by the tribe to carry out provisions of this Chapter.
(a) The Environmental Trust Department shall perform all administrative activities necessary for the Tribe to meet the Toxic Lead (Pb) Program requirements and will report to the Business Council. (b) All records shall be maintained by ETD electronically or in paper format.
(a) An Advisory Committee shall be established by rule. The committee shall have representation from each group which has a responsibility in the implementation of this Chapter. The mission of the Standing Advisory Committee shall be to review program objectives, goals, evaluate, make recommendations, provide support of lead implementation. Committee members shall include representing childhood lead program poisoning interests or other health related lead interest. (b) The Advisory Committee shall meet at least two times per year and report meeting proceedings to the Tribal Council.
This Chapter being necessary for the immediate preservation of the public peace, health and safety, and an emergency is declared to exists , and this Chapter takes effect on its passage. (Chapter 6-13 Adopted 7/1/98, Resolution 1998-477)
CHAPTER 6-14 VEHICLE, MANUFACTURED AND MOBILE HOME REMOVAL6-14-1 Title This Chapter shall be known as the Vehicle, Manufactured and Mobile Home Removal Chapter.
It is the policy of the Business Council to regulate abandoned vehicles, junk vehicles, manufactured homes, and mobile homes within the Colville Indian Reservation in order to protect the health, safety, security and general welfare of Colville Confederated Tribal members and residents living within the Colville Indian Reservation.
This Chapter shall apply to all persons, property, lands, highways and roads, which come under the jurisdiction of the Colville Tribal Court and the Tribal Law and Order Code, as defined in Chapter 1-1-70. (Amended 6/17/04, Resolution 2004-411)
(a) "Abandoned" as it relates to a mobile home, manufactured home, or park model owned by a tenant in a mobile home park, mobile home park cooperative, or mobile home park subdivision or in a tenancy in a mobile home lot means the tenant has defaulted in rent or by absence or by words or actions reasonably indicates the change to or intention not to continue tenancy. (b) "Abandoned vehicle" means a vehicle that a registered tow truck operator has impounded and held in the operators' possession for one hundred twenty (120) consecutive hours. (c) "Abandoned vehicle report," means the document prescribed by the state that the towing operator forwards to the Department of Licensing after a vehicle has become abandoned. (d) "Business Council" means the Colville Business Council, the governing body of the Confederated Tribes of the Colville Indian Reservation. (e) "Chapter" means the Vehicle, Manufactured and Mobile Home Removal Chapter. (f) "Disabled vehicle" means any motor vehicle that is temporarily disabled and located on a public street, property open to the public for purpose of vehicular travel or parking, a right-of-way to any road or highway, or property of another and the vehicle owner or operator has notified the property owner or controller, the Chief of Tribal Police, or the Sheriff of the county, or the Chief of Police of the city or town in which the vehicle is located, and arranges for immediate assistance. (g) "Department of Licensing" means the Washington State Department of Licensing. (h) "Junk vehicle" means any motor vehicle that meets any three of the following requirements. The vehicle is:
(i) "Manufactured home" means a single-family dwelling built according to the United States Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act. A manufactured home also: (a) Includes plumbing, heating, air conditioning, and electrical systems; (b) is built on a permanent chassis; and (c) can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported, or when installed on the site is three hundred twenty square feet or greater; (j) "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development code, and acceptable under applicable state or tribal codes in effect at the time of construction or introduction of the home into the state; (k) "Other law enforcement" means an officer or agent of any law enforcement department, from a county or local government, who is commissioned as a police officer. (l) "Private impoundment" means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. (m) "Public impoundment" means that a vehicle has been impounded at the direction of Tribal Police or public official having jurisdiction over the public property upon which the vehicle was located. (n) "Public property" means all property within the boundaries of the Colville Reservation either owned in-fee by the Tribes or held in trust by the Bureau of Indian Affairs on behalf of the Tribes that is not subject to a leasehold interest. (o) "Registered operator" or an "operator" means any currently registered tow truck operator, garage keeper, or other person engaged in the business of removing, storing, or disposing of vehicles, abandoned vehicles, junk vehicles, and abandoned manufactured homes, and abandoned mobile homes. (p) "Tribal Court" means the Colville Tribal Court of the Colville Confederated Tribes. (q) "Tribal police officer" means an employee of the Colville Tribal Police Department who is commissioned to be a police officer. (r) "Unauthorized vehicle" means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
6-14-10 Disabled Vehicle-Unauthorized Removal (a) No person shall have the right to tow, impound or otherwise disturb any vehicle that is parked, stalled, or otherwise temporarily disabled where the owner or operator of such vehicle has notified proper authorities, has permission from the property owner or controller, and arranges for the vehicle's prompt removal. (b) For the purpose of this Chapter, the fact that a vehicle has been so left without permission or notification creates a rebuttable presumption that the vehicle has been abandoned.
No person, other than a registered tow truck operator shall act to tow, impound, or otherwise disturb any vehicle that may be subject to impoundment as provided for in this Chapter. Any such person who so interferes shall be liable to the owner or operator of the vehicle for any consequential and incidental damages arising from such interference. (Amended 6/17/04, Resolution 2004-411)
6-14-15 Unauthorized Vehicle-Authority to Remove
(a) Public Location: no person shall willfully leave an unauthorized vehicle on a public street, property open to the public for purpose of vehicular travel or parking, upon or within the right-of-way of any road or highway or public residential property owned or controlled by CIHA or Public Works without notification to the Chief of Tribal Police, or the Sheriff of the county, or the Chief of Police of the city or town in which the vehicle is located providing a reason for leaving the vehicle in such a place. (b) Private Location: no person shall willfully leave an unauthorized vehicle on private property without the permission of the person having the right to control or possession of the property.
(a) When any vehicle of any type is left on a public street, property open to the public for purpose of vehicular travel or parking, public residential property owned or controlled by CIHA or Public Works, upon or within the right-of-way of any road or highway, or property of another there is a rebuttable presumption that the last registered owner on record is responsible for such action and thus liable for any costs incurred in removing, storing and disposing of any such vehicle. (b) A registered owner transferring the vehicle shall be relieved from personal liability if within five (5) days of the transfer, he submits the proper transfer form to the proper authorities.
6-14-20 Notification Stickers (a) A Tribal Police officer who discovers an apparently unauthorized vehicle shall attach a readily visible notification sticker to the vehicle, unless the vehicle is subject to immediate removal pursuant to sections 6-14-25 and 6-14-4(q). The sticker shall contain the following information:
(b) If the vehicle has current license plates, the officer shall ascertain from the Washington State Department of Licensing, Tribal Police or other agency the identity of the last registered owner. The Tribal Police shall make a reasonable effort to contact the registered owner by telephone to provide information on the notification sticker. If the vehicle is not removed within twenty-four (24) hours from the time the notification sticker is attached, the vehicle may be taken into custody and moved to a registered operator's place of business or storage yard. (c) A vehicle that does not pose a safety hazard may remain in place for more than twenty-four (24) hours, if the owner or operator is unable to remove it from the place where it is located and so notifies Tribal Police or other law enforcement and requests assistance. 6-14-25 Officers authorized-immediate impoundment-removal (a) Whenever the driver of a vehicle is arrested for a violation under Chapter 3-3-1 Driving Under the Influence (RCW 46.6 1.502), Physical Control of Vehicle Under the Influence Chapter 3-3-4, or Chapter 3-3-5, (RCW 46.61.504), the vehicle is subject to immediate impoundment at the discretion of and under the jurisdiction of either Tribal Police or other law enforcement; (b) Whenever Tribal Police finds a vehicle standing or left unattended upon the roadway or highway where the vehicle constitutes a traffic hazard, blocks traffic, otherwise threatens public safety or has been involved in an accident the officer may provide for the immediate removal of the vehicle; (c) Whenever Tribal Police finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway; (d) Whenever the driver of a vehicle is arrested and taken into custody by Tribal Police the officer may provide for the removal of the vehicle or allow the driver or other person in charge of the vehicle to make other arrangements for its removal; (e) Whenever Tribal Police discovers a vehicle that the officer determines to be a stolen vehicle, the officer may take the vehicle into custody until the owner is notified that the vehicle has been recovered, (f) Upon determining that a person is operating a vehicle without a valid driver's license or with a license that has been expired for ninety (90) days or more the officer may take the vehicle into custody or allow the driver or other person in charge of the vehicle to make arrangements to have another licensed driver take control of the vehicle; (g) Whenever Tribal Police discovers that a driver is operating a vehicle using an Occupational Driver's Permit issued under section 3-3-71 that has been cancelled or revoked, the officer may take the vehicle into custody or allow the driver or other person in charge of the vehicle to make arrangements to have another licensed driver take control of the vehicle; (h) Whenever Tribal Police discovers a vehicle parked inside the 4th of July Celebration Grounds that is in violation of section 3-7-41(a)(5) the officer may provide for the removal of the vehicle or allow the driver or other person in charge of the vehicle to make other arrangements for its removal. 6-14-30 Registered Operator-Registration Process and Operational Requirements (a) To become registered, an operator must submit the following to the Colville Tribal Police Department.
(b) Operational requirements:
(c) Cancellation of or failure to maintain the requirements set forth in this section shall automatically cancel the operator's authority to do business as a registered operator within the boundaries of the Colville Reservation. (a) When a vehicle is in violation of the time restrictions set out in section 6-14-4(r), or in violation of sections 6-1 4-25, or 6-14-75 it may be impounded by a registered operator at the direction of Tribal Police or a public official having jurisdiction of public property where the vehicle is located, or at the direction of the property owner or an agent if the vehicle is located on private property pursuant to this Chapter. (b) The official or person at whose direction the vehicle is being impounded shall provide a signed authorization for the impound at the time and place of the impound to the registered operator before the operator may proceed with the impound. (c) At the time of impoundment, the official or person at whose direction the vehicle is being impounded shall provide the registered operator with the name, address and telephone number of the last registered owner of the vehicle, if available, as shown by the Washington State Department of Licensing or as is otherwise reasonably ascertainable. In the case of a vehicle from another state, time requirements of this subsection do not apply until the official or person at whose direction the vehicle is being impounded receives the information, and gives said information to the registered operator. (d) All vehicles impounded shall be taken to the registered operator's place of business, or storage location and shall be stored. (e) Within twenty-four (24) hours after removing a vehicle, the registered operator shall provide a written report of vehicle custody to the last registered owner, the Washington State Department of Licensing, Tribal Police with jurisdiction over the place of the impoundment via certified mail return receipt requested. The report shall identify personal property and/or contents within or on the vehicle, a license number, a vehicle identification number, the make, year, and place of impoundment. (f) A registered operator shall keep records of all such impoundments including the date, time, and the location a vehicle is put into the operator's custody and when such vehicle is released. The operator shall make an entry into a master log regarding transactions relating to impounded vehicles. The operator shall make this master log available, upon request, to representatives of the Washington State Department of Licensing, Tribal Police and to the Washington State Patrol. (g) A registered operator who fails to comply with any time limits provided in this Chapter shall be prohibited from charging storage fees in excess of five (5) days, except where delay is unavoidable. (h) The provision of incorrect or incomplete identifying information to the Washington State Department of Licensing, Tribal Police, or other local law enforcement in the report of vehicle custody shall be considered a failure to comply with these time limits, if correct information is available. (i) Any person who shows proof of ownership, or written authorization from the impounded vehicle's registered owner, or the vehicle's insurer may view the vehicle without charge during normal business hours, and retrieve any personal property belonging to him or her. (j) The registered operator shall have a lien for the amount of impounding, towing and storing the vehicle against the last registered owner of the vehicle, unless the impoundment is determined to have been invalid pursuant to section 6-14-40. No storage charges shall accrue in any event until the written report of vehicle custody has been received by Tribal Police and the last registered owner of the vehicle as provided for in this section. A registered owner who has properly transferred ownership of the vehicle shall be relieved of liability under this section.
6-14-40 Notification and Hearing Request (a) When an unauthorized vehicle is impounded, the official or person at whose direction the impoundment occurred shall, within twenty-four (24) hours of the impoundment, mail a notice of impoundment to the last legal and registered owner of the vehicle. (b) The notice of impoundment shall be mailed by certified mail return receipt requested and contain the following:
(c) The notice of impoundment need not be mailed if the vehicle is redeemed, or the last registered owner is not ascertainable. (d) The notice of impoundment shall inform the registered owner that they have the right to request a hearing to challenge the validity of the impoundment, and that any hearing request shall be directed to the Tribal Court. A blank hearing request form provided by Tribal Police shall accompany the notice. (e) The hearing request form shall contain the name of the person or agency authorizing the impound, a copy of the notice of impoundment received by mail and a copy of the towing and storage invoice. The hearing request form must be completely filled out and received by the Tribal Court within fifteen (15) days from the date the notice of impoundment was received or refused pursuant to section 6-14-45. (f) If the hearing request form is not received by the Tribal Court within the specified fifteen (15) day period, the right to a hearing is waived. The registered owner shall be liable for any towing, storage or other impoundment charges permitted by this Chapter. Any effort to collect this amount shall follow the procedures established in Chapter 2-2. (g) If the Tribal Court receives a hearing request within the specified fifteen (15) day period, Tribal Court shall notify the registered operator, the person requesting the hearing if not the owner, the registered owner of the vehicle and the person or agency authorizing the impoundment and shall proceed to hear and determine the validity of the impoundment. (h) At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. Tribal Court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing. (i) At the conclusion of the hearing, Tribal Court shall determine whether the impoundment was proper, whether the towing, or storage fees charged were in compliance with the posted rates. Tribal Court may not adjust fees or charges that are in compliance with the posted or contracted rates. (j) If the impoundment is found proper, the impoundment, towing, and storage fees permitted under this Chapter together with court costs shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization form from a private property owner or an authorized agent. (k) If the impoundment is determined to be in violation of this Chapter, then the registered owner of the vehicle shall bear no impoundment, towing, or storage fees and any security shall be returned or discharged as appropriate. If an impoundment arising from an alleged violation of sections 3-3-4, or an occupational Driver's Permit issued under section 3-3-71 has been cancelled or revoked, and the impoundment is then determined to be in violation of this Chapter, Tribal Police shall not be liable if the officer relied in good faith and without gross negligence on the records of the Washington State Department of Licensing or Tribal Court in ascertaining that the operator of the vehicle had a suspended or revoked driver's license or a suspended or revoked Occupational Driver's permit.
6-14-45 Refusal to Accept Notification (a) When a certified notice is refused, unclaimed, and/or returned by the registered owner of said vehicle, the registered operator shall so notify Tribal Police of the refusal to accept notification. A refusal to accept notification shall constitute actual notice to the registered owner. (b) A registered operator who removed, impounded, and stored a vehicle shall have a lien upon said vehicle for actual costs incurred. The lien shall not be enforceable until forty-eight (48) hours has expired following either receipt or refusal of the notice.
6-14-50 Redemption Procedures-Bond to Regain Possession (a) Any registered operator providing services pursuant to this Chapter shall post a true and complete copy of this Chapter in a conspicuous place upon its business premises. (b) Only the registered owner, or a person authorized by the registered owner, or someone who purchased the impounded vehicle from the registered owner, may redeem an impounded vehicle. (c) The vehicle shall be released upon presentation to the registered operator the costs incurred during the course of impounding or storing the vehicle, including costs incurred in mailing or publishing any notices required by this Chapter. (d) When vehicles of any kind are impounded pursuant to sections 6-14-15, 6-14-25 or 6-14-70 and the registered owner requests a hearing within the specified fifteen (15) day period, the registered owner may regain possession of the vehicle pending the outcome of the hearing by posting sufficient cash bond which covers the costs incurred in impounding or storing the vehicle, to be held in trust by Tribal Court, or such security as the Tribal Court may by rule require.
6-14-55 Items of Personal Property or Content (a) All items of personal property or content in the vehicle shall be kept intact, and shall be returned to the vehicle owner, or agent during normal business hours upon request and with presentation of a driver's license or other sufficient identification. (b) Items of personal property or content found in a vehicle that belongs to the Colville Tribes shall be returned to proper authorities. (c) When the last registered owner of a vehicle is not known, Tribal Police shall search the vehicle to learn the identify of the vehicle owner. (d) When the identity of the last registered owner is found, notification shall be made for all items of personal property or contents found in or on the vehicle by certified mail, return receipt requested. (e) Items of personal property or contents not claimed prior to the auction shall be turned over to Tribal Police or other local law enforcement to which the initial notification of impoundment was given. Tribal Police or other law enforcement shall have the discretion to determine how to dispose of items of personal property according to their own policies. (f) Items of personal property or content shall not be sold at public auction by a registered operator having a lien against the vehicle to satisfy towing and storage fees charge for the removal of the vehicle, unless Tribal Police or other local law enforcement make that determination.
6-14-60 Sale of Unclaimed Vehicle or Junk-Procedure-Proceeds-Deficiency (a) A registered operator having custody of an unauthorized or junk vehicle if after fifteen (15) days have expired from the date of mailing the report of vehicle custody, pursuant to section 6-14-40(d), and the unauthorized or junk vehicle remains unclaimed, and has not been listed as a stolen or recovered vehicle, then the registered operator shall conduct a sale at public auction. The registered operator shall first publish a notice of custody and sale with the date, place and time of such auction in the Tribal newspaper or a newspaper of general circulation in the county in which the vehicle is located. The auction notice shall be published at least five (5) days prior to the auction. (b) The unclaimed unauthorized or junk vehicle shall be sold at public auction to the highest bidder. The proceeds of such a sale shall first be used to pay for the towing and storage fee charges due the registered operator; the cost of the sale, which shall be computed as in a public auction sale of personal property by Tribal Police, and all remaining proceeds shall be deposited to the Colville Tribal General Fund. (c) If the amount bid at the auction is insufficient to compensate the registered operator for his towing and storage charges and the cost of sale, such registered operator shall be entitled to assert a claim for any deficiency against the last registered owner of such unauthorized or junk vehicle. (d) After the public auction and sale, and after an application for certificate of title is accompanied by applicable fees, taxes and supported by an appropriate affidavit reciting compliance with the procedures of this Chapter has been submitted, the Department of Licensing or Tribal Police shall issue a certificate of title showing ownership of the unauthorized or junk vehicle in the name of the successful bidder at such auction. The issuance of such certificate of title by the Department of Licensing shall terminate any and all rights or claims of prior lien holders and all rights of former owners in and to such unauthorized or junk vehicle. (e) If the vehicle is sold pursuant to this section, a copy of the notice with proof of mailing shall be retained in the registered operator's files and available for inspection for a period of three years from the date of sale.
A registered operator, who shall tow, transport or store any vehicle whether by contract or at the direction of a private property owner or agent, Tribal Police shall have a lien upon the vehicle but not upon the personal items within the vehicle so long as the vehicle remains in their possession, for the charges for towing, storage, or other charges; except that if the removal is determined to be invalid, the registered operator shall only have a lien for the charges that accrue after the determination of invalidity. A vehicle remaining unclaimed for five (5) days, shall be deemed abandoned and subject to the provision of sections 6-14-40 and 6-14-61.
6-14-70 Impoundment-Removal From Private Property (a) The owner or agent of private property requesting removal of a vehicle is required to sign an impoundment authorization form: AUTHORIZATION FOR IMPOUND
______________________ ______ (b) Upon impoundment or removal of a vehicle from private property, the registered operator shall upon receipt of the name and address and telephone number of the registered owner of the vehicle from Tribal Police, free of charge, shall make reasonable effort to contact the registered owner by telephone. A certified notice of impoundment shall be mailed certified first-class, return receipt requested. The notice shall include:
The notice shall not be sent if the vehicle has been redeemed or the last registered owner is not ascertainable. (c) The registered operator shall file with Tribal Police a copy of the notice of impoundment mailed to the registered owner as provided for in subsection (b). (d) The registered operator shall have a lien for the amount of impounding, towing and storing the vehicle. No storage charges shall accrue in any event until the written notice of impoundment has been received by Tribal Police and the last legal and registered owner of the vehicle as provided for in this section. (e) Failure to comply with the provisions of this section, in regard to any vehicle, waives the lien on that vehicle and constitutes a bar to recovery of the charges accrued on that vehicle, and is grounds for the suspension or revocation of the registration of any towing firm registered to dispose of the abandoned vehicle.
6-14-75 Authorizing Disposal Notwithstanding any other provision of law, the Colville Tribal Police, or officials having jurisdiction over the public property, persons having control or possession of the private property, Colville Indian Housing Authority (CIHA), Public Works, or their officials having jurisdiction over property which either CIHA or Public Works controls or operates, or any other person authorized by the Business Council may remove junk vehicles from said property according to this Chapter.
When a junk vehicle is discovered by or reported to the persons or entities listed above, an inspection of the vehicle shall be performed and recorded on forms authorized by the Business Council or the Tribal Police. CIHA, Public Works, their officials, or any other person authorized by the Business Council may perform the initial inspection. At the minimum the following information shall be recorded:
Within twenty-four (24) hours from the completion of the inspection report it shall be provided to the Chief of Tribal Police, who shall provide the inspecting entity with the address of the last known registered owner of the vehicle. A junk vehicle notice will be promptly prepared and mailed to the registered owner(s) via certified first-class mail, return receipt requested. A copy of the notice must be conspicuously placed on the junk vehicle at the same time or prior to any mailing. If the junk vehicle is located on property controlled, operated, or under the jurisdiction of CIHA or Public Works, a copy of the junk vehicle notice shall be mailed to the present or most recent homebuyer or tenant for the pertinent property, as well as to the last known registered owner of the vehicle, if different. The junk vehicle notice shall include the following:
(a) If the recipient of junk vehicle notice desires to contest the initial junk vehicle determination and not be subject to having the vehicle removed and disposed of; the recipient must notify, in writing, the Chief of Tribal Police before the twenty (20) day period in subsection 6-14-78(d) above, has expired; (b) If the recipient contests the determination and provides a written statement to the Chief of Tribal Police before the twenty (20) day period, the Chief of Tribal Police will schedule a time and date to reconsider the junk vehicle determination. The recipient must appear at the scheduled time and date. Either the Chief of Police or a representative shall conduct a second inspection of the vehicle. Different parties from the first inspection will complete the second inspection. The recipient can bring a representative to the second inspection. Any comments, objections, observations, or other evidence presented by either the recipient or his representative shall be recorded (in summary form). The Chief of Tribal Police or a representative, who will make the final administrative determination regarding junk vehicle classification in this matter, shall consider all relevant information. (c) If a request to reconsider the initial junk vehicle determination, as provided for in the inspection report, is made in a timely manner and the recipient fails to appear at the scheduled appointment made with the Chief of Police, the original determination is binding and not subject to any further administrative or judicial appeal. (d) If the recipient attends the second inspection and remains aggrieved by the final determination of the Chief of Police, the recipient may appeal to the Tribal Court within twenty (20) days of receipt of the final determination. If an appeal is pursued, the vehicle is not to be removed pending the outcome of the action taken in Tribal Court. The Colville Tribal Police shall provide the Chief's written final determination (including a brief statement of reasons) to the recipient, either in person or via US first-class mail, return receipt requested within twenty (20) days of the reconsideration request. The Chief of Police, at his sole discretion, may contract for or employ knowledgeable or expert assistance in the determination of value of the vehicle for either the first or second inspections. However, the Tribal Police or a representative at a second inspection must be someone who was not involved in any prior inspections of the same vehicle.
If the junk vehicle is not claimed, not removed, and no request for reconsideration of the junk vehicle determination has been filed within the twenty (20) day period with the Chief of Tribal Police, pursuant to section 6-14-79, the person, CIHA or Public Works who owns, possesses, controls, or has jurisdiction over the property upon which the junk vehicle is located, may dispose of said vehicle on or off the Colville Indian Reservation, including signing an affidavit of sale to be used as a title document. Such persons or entities shall be entitled to recover from the vehicles' registered owners any costs incurred for the removal of the junk vehicle which exceed any money arising from its disposal.
If no information on a junk vehicle registered owner can be found by Tribal Police, or the Washington State Department of Licensing, or other reasonably attainable records, the Chief of Tribal Police will provide and certify such a statement in writing. Notification of the junk vehicle inspection report determination shall occur, by placing the letter specified in section 6-14-78 on the junk vehicle and publishing it in the tribal newspaper or a newspaper of general circulation in the county in which the vehicle is located. The junk vehicle may be sold at a public auction or to a scrap processor; which ever provides the highest fair market value.
Any moneys arising from the disposal of an abandoned or junk vehicle after deduction of costs to remove such vehicle shall be deposited into the Tribes General Fund.
6-14-90 Abandoned Manufactured and Mobile Homes Notwithstanding any other provision of law, officials having jurisdiction over public property, persons having control or possession of private property, Colville Indian Housing Authority (CIHA), Public Works, or their officials having jurisdiction over property which either CIHA or Public Works controls or possesses, or any other person authorized by the Business Council may remove abandoned manufactured and/or mobile homes from said property according to this Chapter.
(a) Upon determining that the manufactured or mobile home has been abandoned the official or person having jurisdiction or control or possession of the property upon which the manufactured or mobile home is located shall send a thirty (30) day notice to the owner and lienholder, if any, of the manufactured or mobile home of their intent to remove the abandoned manufactured or mobile home. In ascertaining whether there is a lienholder to which this section applies, the official or person having jurisdiction, or control, or possession of the property must conduct a diligent search of all applicable central Uniform Commercial Code (U.C.C.) filings and county records. (b) The notice required in subsection (a) shall be in writing and be sent to the owner's and lienholder's last known address by certified mail return receipt requested and posted in a conspicuous place on the manufactured or mobile home as well as published in a newspaper of general circulation in the county where the manufactured or mobile home is located. The notice shall contain the following information:
(a) Any official having jurisdiction over public property, persons having control or possession of private property, Colville Indian Housing Authority (CIHA), Public Works, or their officials having jurisdiction over property which either CIHA or Public Works controls or operates, or any other person authorized by the Business Council who wishes to take, possess, seize or impound any abandoned manufactured or mobile home may do so only pursuant to a duly issued order of the Tribal Court upon application made as provided herein. (b) If the owner of the manufactured or mobile home fails to remove the manufactured or mobile home within thirty (30) days from service of the notice required in section 6-14-91 then the official having jurisdiction over public property, persons having control or possession of private property, Colville Indian Housing Authority (CIHA), Public Works, or their officials having jurisdiction over property which either CIHA or Public Works controls or operates, or any other person authorized by the Business Council wishing to possess or remove the abandoned manufactured or mobile home shall apply for an order to the Tribal Court stating the reasons and authority for such possession or removal in writing, identifying the property, its location, its owner, or custodian, and lienholder (if applicable) of the property to the best of the applicant's knowledge.
(a) Upon receipt of a manufactured or mobile home removal application, the Tribal Court shall set the matter for a hearing not less than five (5) days but not more that fifteen (15) days from the date received. The Tribal Court shall send notice of the hearing to the owner, the custodian, and the lienholder (if applicable). (b) At the hearing the Tribal Court shall issue an order allowing possession, removal and disposal of the manufactured or mobile home when the nature of the claim and the facts shown prove that the manufactured or mobile home has been abandoned, the owner or custodian has failed to voluntarily remove the manufactured or mobile home, and notice of the intent to remove the manufactured or mobile home has been given as required herein. (c) Upon issuance of the order, notice thereof shall be given by the petitioner to the owner, or custodian, and lienholder (if applicable) of the manufactured or mobile home within two (2) days from the issuance of said order. (Amended 6/17/04, Resolution 2004-411)
Any person attempting to remove any manufactured or mobile home as provided herein shall show the owner or custodian of such manufactured or mobile home, or any tribal law enforcement officer, the order of the tribal court allowing such action before attempting such removal.
The decision of the Tribal Court as to the issuance of the order permitting taking or possession shall be final, except that further appeal to tribal appellate court may be had.
(a) Any person shall be guilty of a Class B Offense who:
(b) Any person who knowingly makes a false statement in any document prepared in connection with the disposition of an abandoned vehicle, junk vehicle pursuant to this Chapter shall be guilty of a Class B Offense.
The Tribal Prosecutor may proceed against any person violating any provision of this Chapter by a civil action seeking a civil fine of not less than $10.00 or not more than $500.00 against the defendant under Chapter 2-2-121 of the Law and Order Code.
Any Code or Chapter or any provision of any Code or Chapter of the Tribes which conflicts in any way with the provisions of the Chapter is hereby repealed to the extent that is inconsistent with or is contrary to the spirit or purpose of this Chapter.
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 persons or circumstances is not affected. (Enacted
6/5/03, Resolution 2003-386) (June 2004 version of Chapter 6-14)
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