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Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Code

Table of Contents Updated: September 2014

The Tribe makes their tribal code available online. The links below will take you to the version of the code available at the Turtle Mountain Community College's website. For assistance, please contact the library.

Table of Contents. 2012 Tribal Code.

Code Waiver Statement

Title 1 – Criminal Procedure
CHAPTER 1.01 Purpose
1.0101 The purpose 
CHAPTER 1.02 General Provisions
1.0201 Applicability of code provisions restricted; Offenses committed before adoption
1.0202 Words used in present tense
1.0203 Specific provisions control general provisions
1.0204 Construed according to the plain import of its language
1.0205 Probable cause
CHAPTER 1.03 Definitions
1.0301 Definitions
CHAPTER 1.04 Statute of Limitations
1.0401 Statute of limitations
1.0402 Concealed crime
1.0403 Speedy trial
CHAPTER 1.05 Creation, Jurisdiction and Powers
1.0501 Judicial powers
1.0502 Jurisdiction
1.0503 Reserved
1.0504 Power and authority of tribal prosecutor or any special prosecutor appointed by the council
1.0505 Composition of the court
1.0506 Appointment of trial and/or special judges
1.0507 Term of office
1.0508 Oath of office
1.0509 Qualifications of trial; Special judges
1.0510 Qualifications of special judges
1.0511 Disqualification of judges
1.0512 Disqualification of judges; Procedure
CHAPTER 1.06 Commencement of Criminal Proceeding
1.0601 Commencement of Criminal Action
1.0602 Definition
1.0603 Contents of Complaint A complaint must contain
1.0604 Filing of Complaint
CHAPTER 1.07 Arrest, Extradition and Fresh Pursuit
1.0701 Arrest defined; Persons qualified to make; Aid may be required
1.0702 Arrest; Under a warrant
1.0703 Direction to peace officer; Execution
1.0704 Execution of warrant
1.0705 Arrest; Without a warrant
1.0706 Arrest; By an Indian
1.0707 Breaking into dwelling house or other structure to make arrest; Demand for admittance required
1.0708 Prompt appearance of defendant before a tribal court judge
1.0709 Return of warrant
1.0710 Extradition
1.0711 Fresh pursuit; Defined
1.0712 State, county or municipal peace officer in fresh pursuit may arrest within Turtle Mountain Indian Reservation
1.0713 Removal procedure
CHAPTER 1.08 Search and Seizure
1.0801 Definition
1.0802 Search without a warrant
1.0803 Search warrant; Issuance
1.0804 Search warrant; Contents7
1.0805 Search warrant; Execution of
1.0806 Search warrant; Return of
1.0807 Search warrant; Void
1.0808 Valid search and seizures
1.0809 Search warrant; Denial
CHAPTER 1.09 Bail
1.0901 Definitions
1.0902 Licensing and continuing education requirements
1.0903 Persons disqualified as bail bond agent; Penalty
1.0904 Bail; Eligibility for
1.0905 Bail hearing
1.0906 Taking of bail
1.0907 Bail set; Maximum amount
1.0908 Release of defendant
1.0909 Forfeiture of bail
1.0910 Return of cash or surety bond
1.0911 Release on recognizance
1.0912 No reducing of bond without hearing
1.0913 Qualification and license as bail bond agent; Pledge of property as security; Penalty  
1.0914 Violations; Penalties
1.0915 Access to jails
1.0916 Surrender of defendant prior to breach
1.0917 Maximum commission or fee
1.0918 Failure to appear
1.0919 Rules
1.0920 TERO license required
1.0921 Orders and modifications
1.0922 License suspension, revocation, or refusal; Grounds
1.0923 Revocation of nonresident license
1.0924 License suspension, revocation, or refusal; Business entity; Additional ground
1.0925 Notification of suspension, revocation, or refusal; Duty of Commissioner
1.0926 Fraudulent insurance acts, interference, and participation of convicted felons prohibited
1.0927 Immunity
1.0928 Penalties; Restitution
CHAPTER 1.10 Arraignment
1.1001 Definition
1.1002 Prompt Appearance of Defendant Before a Tribal Court Judge
1.1003 Arraignment; Procedure
CHAPTER 1.11 Pleas
1.1101 Pleas
1.1102 Advice to defendant
1.1103 Insuring that the plea is voluntary
1.1104 Plea agreement procedure
1.1105 Determining accuracy of plea
1.1106 Record of proceedings
1.1107 Harmless error
CHAPTER 1.12 Pre-Trial Motions
1.1201 Definitions
1.1202 Motion to Dismiss
1.1203 Future prosecution of complaint dismissed without prejudice
1.1204 Motion waived by failure to move to dismiss a Complaint
1.1205 Motion for a bill of particulars
1.1206 Reserved
1.1207 Motion to suppress evidence
1.1207 Motion in Limine
CHAPTER 1.13 Trial, General Provisions
1.1301 Definition
1.1302 Irregularities, mistakes, and omissions
1.1303 Summoning witnesses
1.1304 Trial by jury or by the court
1.1305 Rights of accused
1.1306 Presence of the defendant
1.1307 Setting date for trial
1.1308 Continuance of trial
1.1309 Mistrial due to death or illness of judge
CHAPTER 1.14 Formation of the Jury
1.1401 Definitions
1.1402 Jury trial; Right
1.1403 Jury trial; Expenses
1.1404 Jury trial; Time to request
1.1405 Jury trial, Waiver
1.1406 Number of jurors
1.1407 Skipped in amended version
1.1408 Who may challenge
1.1409 Reason for panel challenge
1.1410 Challenges to individual jurors
1.1411 Order for exercising challenges for cause
1.1412 Challenge for cause
1.1413 Peremptory challenges
1.1414 Peremptory challenge; Number; Joint defendants
1.1415 Vacancy filled
1.1416 Jurors sworn
1.1417 Alternate jurors; Selection
CHAPTER 1.15 Jury Trial Procedure
1.1501 Order of procedure
1.1502 Presumption of innocence; Effect; Reasonable doubt; Defendant’s refusal to testify
1.1503 Defendants tried jointly; Court may direct separate trials
1.1504 View of premises by jury
1.1505 Discharge of juror for illness or disability new jury
1.1506 Questions of Law and Fact
1.1507 Instructions to Jury
1.1508 Direction of Verdict of Acquittal
CHAPTER 1.16 Submission to the Jury and Verdict
1.1601 Deliberation
1.1602 Papers taken by jury
1.1603 Information on any point of law
1.1604 Jury kept together
1.1605 Verdict
1.1606 Poll of jury before recording verdict; Either party authorized; Dissenting juror; Further deliberation; Dismissal of jury
CHAPTER 1.17 Judgment
1.1701 Definition
1.1702 Entry of judgment
1.1703 Notification of right to appeal
1.1704 Stay of imposition of sentence
1.1705 Execution of judgment; Imprisonment; Fine; Record
1.1706 Presence of defendant
1.1707 Withdrawal of plea of guilty
1.1708 Court cost
1.1709 Deferred payment of fine and/or court costs
CHAPTER 1.18 New Trial
1.1801 Definition
1.1802 New trial grounds
1.1803 Application
1.1804 Effect of a new trial
1.1805 Status of the accused pending new trial
CHAPTER 1.19 Re-Opening Case      
1.1901 Re-opening of a case
CHAPTER 1.20 Criminal Appeals
1.2001 Court of Last Resort
1.2002 Appeal, How Taken
1.2003 Notice of Appeal
1.2003 Appeal on Question of Law
CHAPTER 1.21 Boating Regulations and Penalties
1.2101 Definitions
1.2102 Operation of unnumbered motorboats prohibited
1.2103 Identification number
1.2104 Equipment
1.2105 Exemption from numbering provisions of this chapter
1.2106 Prohibited operation
1.2107 Collisions, accidents and casualties
1.2108 Transmittal of information
1.2109 Water skis and surfboard
1.2110 Regattas, races, marine parades, tournaments, fishing Derbies or exhibitions
1.2111 Owner’s civil liability
1.2112 Enforcement of boating regulations
1.2113 Penalty
CHAPTER 1.22 Fishing Regulations and Penalties
1.2201 Definitions
1.2202 Ownership and control of fish in the Tribal Council
1.2203 Enforcement of fishing regulations
1.2204 All non-Indians to be licensed
1.2205 Non-Indians not eligible for tribal fishing license unless licensed by the State of North Dakota
1.2206 Fees for tribal fishing license
1.2207 Who to issue tribal fishing license
1.2208 Disposition of moneys from sales of fishing licenses
1.2209 Taking fish for bait
1.2210 Illegal to set or use nets, set lines or fish traps; Exceptions
1.2211 Fish houses; Requirements; Removal
1.2212 Tribal Council may prescribe additional regulations for Fishing
1.2213 Penalties not otherwise prescribed
1.2214 Penalties applicable to non-Indians
CHAPTER 1.23 Civil Traffic Offenses and Penalties
1.2301 Definitions
1.2302 Snowmobile registration; General requirements
1.2303 Exemption from registration
1.2304 Rules for operation of snowmobiles
1.2305 Rules for operation of snowmobiles in Belcourt, North Dakota or other unorganized town or settlement within the Turtle Mountain jurisdiction
1.2306 Crash helmets required for operators of and passengers on snowmobiles
1.2307 Owner’s civil liability
1.2308 Enforcement of snowmobile regulations
1.2309 Penalty

Title 2 – Judicial Procedure, Civil
CHAPTER 2.01 Creation and Jurisdiction
2.0101 Tribal court
2.0102 Jurisdiction
CHAPTER 2.02 Actions, Decisions, Enforcement
2.0201 Form of complaint
2.0202 Enforcing its decisions
2.0203 Action defined
2.0204 No merger of civil and criminal liabilities
CHAPTER 2.03 Commencement of Actions
2.0301 General limitations
2.0302 Statute of limitations
2.0303 Waiver of limitation
2.0304 Terms identifying parties
CHAPTER 2.04 Commencing Civil Actions
2.0401 Civil case
2.0402 Complaint                     
2.0403 Guardians
2.0404 Summons
2.0405 Service of summons and complaint
2.0406 Long-arm statute
2.0407 Return of summons
CHAPTER 2.05 Appearance, Defaults, Postponements
2.0501 General appearance
2.0502 Special appearance
2.0503 Method of appearance
2.0504 Appearance; Time allowed parties; Default decisions
2.0504.1 Appearance; Time allowed parties; Default decisions
CHAPTER 2.06 Venue
2.0601 Location of action
CHAPTER 2.07 Pleadings
2.0701 Definition
2.0702 Complaint
2.0703 Motions
2.0704 Answer
2.0705 Counterclaims
2.0706 Pleadings; Amendment
CHAPTER 2.08 Subpoena and Discovery Procedure
2.0801 Subpoenas and orders issued
2.0802 Subpoenas and orders served
2.0803 Discovery
2.0804 Depositions
2.0805 Interrogatories                       
2.0806 Admissibility
2.0807 Admissions in a civil action; Either party may request; Admissions of fact; Admissions of genuineness of documents; Failure to admit or explain deemed admittance
2.0808 Refusal to admit requested facts or documents; Expense of proof charged to party refusing
CHAPTER 2.09 Jury Trials
2.0901 Jury trial; Right time for request
2.0902 Number of jurors
2.0903 Qualification of jurors
2.0904 Jury selectors
2.0905 Jury list
2.0906 Annual drawing of prospective jurors
2.0907 Jury panel
2.0908 Summons
2.0909 Extra jurors
2.0910 Selection of jury
2.0911 Peremptory challenge; Number; Joint defendants
2.0912 Jury oath
2.0913 Continuance
2.0914 Case and verdict
2.0915 Informed on any point of law
2.0916 Delivery of verdict
2.0917 Jury's failure to agree
2.0918 Jury fees
CHAPTER 2.10 Contempt of Court
2.1001 Reasons for charge
2.1002 Contempt committed in presence of
2.1003 Contempt committed not in presence of judge
2.1004 Punishment
2.1005 Enter conviction on docket
CHAPTER 2.11 Dockets
2.1101 Material entered on docket
2.1102 Arrangement of docket
2.1103 Responsibility for maintaining docket and other court records
CHAPTER 2.12 Competency
2.1201 Plea of Incompetency
2.1202 Board of Competency
2.1203 Jurisdiction and powers
2.1204 Powers and duties of the Chairman
2.1205 Notice of hearing
CHAPTER 2.13 Appeals
2.1301 Tribal court of appeals
2.1302 Composition; Appointment
2.1303 Jurisdiction
2.1304 Right to appeal
2.1305 New trial
2.1306 Permission to appeal
2.1307 Denial of appeal
2.1308 Parties not appearing at trial
2.1309 Pre-trial hearing
2.1310 Term of court
2.1311 Memorandum of the court
CHAPTER 2.14 Attorneys
2.1401 Qualifications to admission
2.1402 Filing fee
2.1403 Oath upon admission
2.1404 Attorneys' roll
2.1405 Disbarment
2.1406 Prosecuting attorneys and defense attorneys
2.1407 Council members shall not practice as attorneys
CHAPTER 2.15 Definitions
2.1501 Definitions

Title 3 – Evidence
CHAPTER 3.01 Privileges
3.0101 Self-incrimination
3.0102 Privileged communication; Duty of court to advise witness and to protect rights of person who is not present or represented
3.0103 Definition of incrimination                                    
3.0104 Claiming privilege
3.0105 Waiver of privilege by previous disclosure
3.0106 Attorney-client privilege; Definitions
3.0107 Marital privilege; Definition
3.0108 Clergyman-penitent privilege; Definition
3.0109 Physician-patient privilege; Definition
3.0110 Public officer; Official information privileged; Definitions
CHAPTER 3.02 Qualifications, Examination, Credibility of Witnesses
3.0201 Qualifications of witnesses
3.0202 Interpreters
3.0203 Oath
3.0204 General limitation upon testimony                                            
3.0205 Control of judges over presentation of evidence
3.0206 Adverse party’s right of examination and cross-examination; By opposing parties
3.0207 Unwilling or hostile witnesses; Examination by leading questions
3.0208 Witness convicted of perjury
3.0209 Judge, juror, or attorney as witnesses
3.0210 Tribal court empowered to appoint expert witnesses
3.0211 Inspection and examination of subject matter by experts; Cross-examination of experts
3.0212 Admissibility of evidence; Discretion of judge
3.0213 Judicial notice
3.0214 Procedure for judicial notice
3.0215 Illegally obtained evidence
3.0216 Opinion evidence
3.0217 Authentication of writings
CHAPTER 3.03 Hearsay
3.0301 Definition
3.0302 Admissibility of hearsay evidence
3.0303 Reported testimony
3.0304 Confessions
3.0305 Admissions
3.0306 Authorized and adoptive admissions
3.0307 Admissions in pleadings
3.0308 Declarations against interest
3.0309 Contemporaneous or spontaneous statements
3.0310 Declarations of a state of mind, emotion, or physical sensation
3.0311 Admissibility of business records
3.0312 Admissibility of public records and reports
3.0313 Photographic copies of business and public records as evidence
3.0314 Discretion of the court to exclude evidence
3.0315 Admissibility of declarations of pedigree; Witness has no personal knowledge
3.0316 Admissibility of declaration of pedigree; Declarant related or closely associated

Title 4 – Judgment and Execution
CHAPTER 4.01 General Provisions
4.0101 Purpose statement
4.0102 Judgment
4.0103 Recognition of foreign court orders and judgments
4.0104 Enforcement and jurisdiction
4.0105 Basis for Enforcement
4.0106 Stay of execution; Posting of bond
CHAPTER 4.02 Execution Proceedings
4.0201 Property subject to execution
4.0202 Property exempt from execution
4.0203 Stipends and contributions exempt from execution
4.0204 Homestead exemption; Area and value
4.0205 Proceeds of sale exempt; Disposition
4.0206 Lawful debt in proceedings to distribute decedents' estates
4.0207 Writs of Execution; Renewal of judgment
4.0208 Issuance; Contents
4.0209 Return
4.0210 Appraisal of property seized
4.0211 Notice and public sale of property seized; Proceeds; Bill of sale
4.0212 Private sale of property seized; Delivery of unsold property to plaintiff or return to defendant
4.0213 Execution prior to judgment; Perishable goods
CHAPTER 4.03 Costs and Fines
4.0301 Security for costs
4.0302 Assessment of costs
4.0303 Payment of fines
CHAPTER 4.04 Replevin
4.0401 Immediate delivery of personal property before judgment
4.0402 Affidavit of claim and delivery required; Contents; Endorsements or immediate delivery
4.0403 Security required before delivery
4.0404 Seizure; Custody and delivery of property by officer; Method; Service of papers received
4.0405 Return of the property
4.0406 Security; Cash deposits; Sureties
4.0407 Police report of proceedings

CHAPTER 4.05 Garnishment
4.0501 Definitions
4.0502 Creditors may proceed by garnishment
4.0503 Restriction on garnishment of earnings
4.0504 Notice before garnishment of earnings
4.0505 Service on tribal finance office; Fee
4.0506 Garnishee summons
4.0507 Form of summons and notice
4.0508 Service
4.0509 Disclosure
4.0510 Disclosure fees
4.0511 Effect of disclosure
4.0512 Oral disclosure; Supplemental complaint
4.0513 Third party may intervene
4.0514 Default
4.0515 Judgment against garnishee
4.0516 Minimum judgment
4.0517 Discharge not a bar
4.0518 Discharge from employment for garnishment or execution prohibited
4.0519 Garnishment; Minimal amount; Disclosure
4.0520 Termination of garnishment
4.0521 Continuing lien on wages
4.0522 Claim of exemptions; How made
4.0523 Claim of exemptions; When heard

Title 5 – Children’s Code
CHAPTER 5.01 General Provisions
5.0101 Purpose
5.0102 Definitions
5.0103 Rights and responsibilities
5.0104 The rights of the child in foster care or in the custody of another person, agency, or institution other than the natural parents
5.0105 The rights and responsibilities of the foster parents
5.0106 The rights and responsibilities of the social service agency
5.0107 A medical doctor has legal authority to examine a child suspected of physical or sexual abuse, without consent of the parent or custodian
5.0108 Service provider
5.0109 Child custody
5.0110 Commitments and religious beliefs
5.0111 Detention or commitment to adult institution; Contacts with adults
5.0112 Inspection of jailor detention center; Notice of Findings; Report of custodian
5.0113 Counsel; Burden of expenses
5.0114 No limitation authority
CHAPTER 5.02 Juvenile Court
5.0201 Juvenile court definition
5.0202 Jurisdiction                                
5.0203 Contempt of court
5.0204 Initiation of proceedings; Rules of procedure
5.0205 Summons; Content and service thereof
5.0206 Guardian ad litem
5.0207 Written promise to appear; Failure to perform
5.0208 Conduct of hearings
5.0209 Actions of the juvenile court
5.0210 Juvenile court clerk; Records confidential
5.0211 Commitments and judgments
5.0212 Removal of juvenile
5.0213 Transfer to adult court
5.0214 Judgments of support
5.0215 Order relating to judgments of support
5.0216 Periodic reports
5.0217 Removal from reservation                     
5.0218 Custody of a juvenile arrested for violation of law
5.0219 Taking a child into custody
5.0220 Basic rights
5.0221 Minors in need Of care; Right to an attorney
5.0222 Place of detention or shelter care
5.0223 Standards for shelter care and detention facilities
5.0224 Juvenile detention, Hearing limitation
5.0225 Photos and fingerprints; Juvenile restrictions
5.0226 Juvenile Hearing; Restrictions; Non-punitive
5.0227 Written judgment
5.0228 Modification, Revocation, or Extension of an order
5.0229 Full faith and credit
5.0230 Law enforcement records
5.0231 Informal adjustment hearing
5.0232 Commitment to off-reservation placements
CHAPTER 5.03 Appeal
5.0301 Procedure of appeals
5.0302 Stay pending appeal
5.0303 Record
5.0304 Time limit
5.0305 Conduct of proceeding
CHAPTER 5.04 Indian Child Welfare Act of 1978
5.0401 Transfer from state courts
5.0402 Receipt of referrals
5.0403 Duties of the clerk of court
5.0404 Duties of the chief judge of the tribal court
5.0405 Investigation of referral
5.0406 Proceedings upon transfer
CHAPTER 5.05 Probation Officer
5.0501 Appointment of probation officers
5.0502 Removal of probation officers
5.0503 Job description
5.0504 Duties of probation officers
CHAPTER 5.06 Delinquency Prevention Commission
5.0601 Establishment, support and maintenance; Composition
5.0602 Members' appointment; Terms; Expenses; Vacancies

CHAPTER 5.07 Reporting Child Abuse and Neglect
5.0701 Purpose
5.0702 Basis for report
5.0703 Mandatory reporting requirements
5.0703.1 When must they report
5.0704 Who is encouraged to report
5.0705 Confidentiality of reporter; Immunity from legal liability
5.0706 To whom reported
5.0707 Penalty for not reporting
5.0708 Investigation of the report
5.0709 Emergency removal
5.0710 Immediate custody of child
5.0711 Emergency custody of child
5.0712 Termination of emergency protective care
5.0713 Cooperation required
5.0714 Interviewing the child
5.0715 Disclosure of information
5.0716 Protective custody by a physician
5.0717 Emergency medical treatment and/or examination
5.0718 Legal authority
5.0719 Photographs and X-Rays
5.0720 Registry of reports
5.0721 A prosecution for the sexual abuse child; Statute of limitations
CHAPTER 5.08 Permanent Planning
5.0801 Permanent planning
5.0802 Protective supervision
5.0803 Permanency plan
5.0804 Time frame for permanency plan
5.0805 Review of permanency plan
5.0806 Permanent planning preference
5.0807 Establishment of permanent plan
Chapter 5.11 Education and Health
5.1101 Compulsory attendance
5.1102 Compulsory attendance; Exceptions
5.1103 Prosecution for violation of compulsory attendance law officers charged with enforcement
5.1104 Violation of compulsory school attendance provisions; Penalty
5.1105 Inoculation required before admission to school
5.1106 Comprehensive health education curriculum
CHAPTER 5.12 Juvenile Offenses
5.1201 Curfew
5.1202 Prohibition of tobacco sales to minors
5.1203 Zero alcohol tolerance

Title 6 – Obligations Imposed by Law
CHAPTER 6.01 General Provisions
6.0101 Rights and obligations of all persons
6.0102 Personal relation; Offenses against
6.0103 Use of force to protect personal rights
6.0104 Responsibility for willful and negligent acts
6.0105 Obligation to restore things improperly obtained
6.0106 Restoration without demand; When
CHAPTER 6.02 Defamation
6.0201 Deceit
6.0202 Classification of deceit
6.0203 Deceit upon Tribe; Presumption
CHAPTER 6.03 Consent
6.0301 Obligation to refrain from
6.0302 Defamation classified and defined
6.0303 Privileged communications
6.0304 Notice and demand before certain actions for libel
6.0305 Retraction rebuts presumption of malice
6.0306 Malice defined
CHAPTER 6.04 Seduction
6.0401 Definition
6.0402 Unmarried woman; Right of action for own seduction; Actual and punitive damages
6.0403 Parties plaintiff
6.0404 Marriage of parties to a seduction; Wife’s action against abandoning husband; Support of children
6.0405 Wife competent witness against her husband in action against him for her seduction
CHAPTER 6.05 Damages for Death by Wrongful Act
6.0501 Death by wrongful act
6.0502 Parties; Measure of damage; Limitation of action; Settlement; Apportionment among beneficiaries
6.0503 Actions survive brought by or against legal representatives
6.0504 Malicious prosecution
6.0505 Abuse of process
CHAPTER 6.06 Intentional Torts
6.0601 Battery
6.0602 Assault
6.0603 Infliction of mental distress
6.0604 False imprisonment
6.0605 Willfully concealing unpurchased merchandise; Exoneration from false imprisonment
6.0606 Intentional interference with property; Trespass to personal property
6.0607 Definition of personal property
6.0608 Trespass to land
6.0609 Conversion
6.0610 Ways of committing conversion
CHAPTER 6.07 Nuisance
6.0701 Nuisance defined
6.0702 Nuisance classified; Public; Private; Defined
6.0703 Time; Effect on public nuisance
6.0704 Remedies against nuisance; Public or private; Parties; Procedure; Notice required in certain cases
6.0705 When forcible detainer or eviction maintain
6.0706 Notice to quit; When required; When and how served
6.0707 Forcible detainer or eviction
6.0708 When lawful to set lands on fire
6.0709 Accidental damage from lawfully set fire; Liability

Title 7 – Contracts
CHAPTER 7.01 General Provisions
7.0101 Definition
7.0102 Essential elements of a contract
7.0103 Law of place applied to contracts
7.0104 Time of performance
7.0105 Pre-existing duty sufficient as consideration
CHAPTER 7.02 Parties
7.0201 Persons capable of contracting
7.0202 Contract of a minor
7.0203 Disaffirmance of contract by minor
7.0204 Beneficiary of contract made by others
CHAPTER 7.03 Consent
7.0301 Essential elements of consent
7.0302 Contract voidable
7.0303 Communication of acceptance
7.0304 Acceptance deemed complete
7.0305 Acceptance different from offer; Counteroffer
7.0306 Withdrawal of offer
7.0307 Withdrawal completed
7.0308 Voluntary acceptance of benefits; Presumption of consent
CHAPTER 7.04 Object
7.0401 Definition
7.0402 Requirements of object
7.0403 Object single but unlawful, impossible or unascertainable; Contract void
7.0404 Several objects; Part unlawful
CHAPTER 7.05 Consideration
7.0501 Consideration defined
7.0502 Sufficiency of consideration
7.0503 Adequacy of consideration
7.0504 Substitutes for consideration
7.0505 Presumption of consideration; Written contract
7.0506 Burden of proof; Want of consideration
CHAPTER 7.06 Formation of Contract
7.0601 Expressed or implied contracts; Definitions
7.0602 Oral or written contracts
7.0603 Written contracts required
7.0604 Prevention of written contract by fraud or deceit; Oral agreement may be enforced
7.0605 Public auction sales; Memorandum of auctioneer satisfies
7.0606 Parole Evidence Rule
CHAPTER 7.07 Unlawful Contract Provisions
7.0701 Contracts against public policy
7.0702 Fixing amount of damages void; Exception
7.0703 Restraint of legal proceedings; Void
7.0704 Provisions in restraint of trade, business or profession; Sales of good will; Partnership restraint; Employer’s contracts
7.0705 Usurious contracts
7.0706 Effect of Illegality

Title 8 – Damages
CHAPTER 8.01 General Provisions
8.0101 Measure; General rule
8.0102 Exemplary (punitive) damages
8.0103 Assault
8.0104 Battery
8.0105 False imprisonment
8.0106 Trespass to land
8.0107 Trespass to personal property
8.0108 Conversion
8.0109 Seduction

Title 9 – Domestic Relations & Child Support Enforcement
CHAPTER 9.01 Husband and Wife
9.0101 Mutual obligations; Contracts between husband and wife
9.0102 Separate property; Definitions, rights, and privileges
9.0103 Titles to property
9.0104 Transfer of property; Benefit of the other spouse; Other spouse may transfer
9.0105 Rights and liabilities as to third persons; Neither liable for the other; Property of one immune from liability of the other
9.0106 Rights of married women; Same as single
9.0107 Capacity of married persons under age of majority
9.0108 Husband as head of family; Right to select residence
9.0109 Mutual duties of support
9.0110 Necessaries; Husband’s liability; Exception
CHAPTER 9.02 Parent and Child
9.0201 Presumption of legitimacy; Legitimation by marriage of parents
9.0202 Dispute legitimacy proof
9.0203 Custody of legitimate children; Rights of parents
9.0204 Custody of an illegitimate child
9.0205 Custody of child when parents living separately
9.0206 Residence of a child; Determination by parents; Restrictions
9.0207 Parental authority; Abuse; Remedy
9.0208 Termination of parental authority
9.0209 Imputing minor’s liability to parents; Limited
9.0210 Liability of parent imputed to child                                
9.0211 Support of child; Education
9.0212 Child supported by other parent, relative, or a third person; Parent liability
9.0213 Support of child from its estate or estate of its parent; Allowance to parent or tribe
9.0214 Support of adult child; Compensation
9.0215 Property and earnings of a child; Relinquishment by parents
9.0216 Grandparental rights of visitation to unmarried minor Child; Mediation or arbitration
9.0217 Domestic relations
CHAPTER 9.03 Termination of Parental Rights of a Child
9.0301 Relinquishment of parental rights
9.0302 Restoration of parental rights relinquished or voluntarily terminated with respect to a child
9.0303 Assessment of child and report
9.0304 Grounds for involuntary termination of parental rights with respect to a child
9.0305 Hearing and service of notice thereon
9.0306 Disposition of petition for involuntary termination of parental rights with respect to a child
9.0307 Court order granting termination of parental rights of a child
9.0308 Effect of termination decree of relinquishment of a child
CHAPTER 9.04 Adoption
9.0401 Definitions
9.0402 Who may be adopted
9.0403 Who may adopt
9.0404 Venue; Inconvenient forum; Caption
9.0405 Persons required to consent to adoption
9.0406 Persons as to whom consent and notice not required
9.0407 How consent is executed
9.0408 Withdrawal of consent
9.0409 Petition for adoption
9.0410 Report of petitioner's expenditures
9.0411 Notice of petition; Investigation and hearing
9.0412 Required residence of minor
9.0413 Appearance; Continuance; Disposition of petition
9.0414 Effect of petition and decree of adoption
9.0415 Appeal and validation of adoption decree
9.0416 Hearings and records in adoption proceedings; Confidential nature; Disclosure of identifying and non-identifying information; When applicable
9.0417 Application for new birth record
9.0418 Adoption and legitimation by conduct
9.0419 Character and effect of termination of parental rights and of adoption of a child
9.0420 Jurisdiction of courts
9.0421 Governing law
9.0422 Fees
9.0423 Priority of proceedings; Judicial review
9.0424 Severability
9.0425 Authority and duties of guardian of child's person
9.0426 Parent and child
9.0427 Relationship not dependent on marriage
9.0428 How parent and child relationship established               
9.0429 Presumption of paternity
9.0430 Determination of father and child relationship; Who may bring an action; When action may be brought
9.0431 Statute of limitations
9.0432 Jurisdiction
9.0433 Parties
9.0434 Blood test
9.0435 Evidence relating to paternity
9.0436 Civil action; Trial
9.0437 Judgment or order
9.0438 Costs
9.0439 Enforcement of judgment or order
9.0440 Modification of judgment or order
9.0441 Bearings and records; Confidentiality
9.0442 Action to declare mother and child relationship              
9.0443 Promise to render support
9.0444 Birth records
9.0445 When notice of adoption proceeding required
CHAPTER 9.05 Bastardy; Illegitimacy Law
9.0501 Obligation of parents
9.0502 Recovery by mother from father
9.0503 Recovery by other than the mother
9.0504 Discharge of father’s obligation
9.0505 Liability of father’s estate
9.0506 Complainants
9.0507 Time of bringing complaint
9.0508 Complaint made to judge                        
9.0509 Form of complaint
9.0510 Substance of the complaint
9.0511 Process
9.0512 Preliminary hearing
9.0513 Result of preliminary hearing
9.0514 Birth of child
9.0515 Trial
9.0516 Failure of defendant to appear
9.0517 Effect of death or absence or insanity of the mother
9.0518 Death of defendant
9.0519 Finding against defendant
9.0520 Payment to trustee
9.0521 Sentencing defendant
9.0522 Enforcement on default
9.0523 Agreement or compromise
9.0524 Limitations of action
CHAPTER 9.06 Guardian and Ward
9.0601 Definitions; Guardian; Ward
9.0602 Jurisdiction
9.0603 Appointment by will or deed
9.0604 Procedure for appointment of guardians; Petitions; Hearing; Order
9.0605 Guardian for a child
9.0606 Oath and bond
9.0607 Rules for appointing
9.0608 Powers of guardians; Property of ward
9.0609 Qualifications of guardian
9.0610 Removal or resignation of guardian
9.0611 Parental appointment; How terminated
9.0612 Termination of powers of guardians appointed by Court
9.0613 Release by ward
9.0614 Restoration of incompetent person; Procedure
CHAPTER 9.07 Marriage
9.0701 Validity of marriage
9.0702 Who shall prescribe
9.0703 License to marry
9.0704 License, effective date
9.0705 Judicial approval33
9.0706 Solemnization and registration
9.0707 Prohibited marriages
9.0708 Declaration of invalidity
9.0709 Putative spouse
9.0710 Application
9.0711 Invalidity of common law marriage
CHAPTER 9.08 Dissolution
9.0801 Application of rules of judicial civil procedure; Title 2 to proceedings under this Act
9.0802 Dissolution of marriage; Legal separation
9.0803 Procedure; Commencement; Pleadings; Abolition of existing defenses
9.0804 Temporary order or temporary injunction
9.0805 Irretrievable breakdown
9.0806 Separation agreement
9.0807 Disposition of personal property
9.0808 Maintenance
9.0809 Child support
9.0810 Introduction
9.0811 Paternity; Establishment of
9.0812 Setting of support obligations
9.0813 Collection of child support
9.0814 Creation of Tribal Child Support Enforcement Unit
9.0815 Representation of child
9.0816 Payment of maintenance or support to Court
9.0817 Assignments
9.0818 Attorney’s fees
9.0819 Decree
9.0820 Independence of provisions of decree or temporary order
9.0821 Modification and termination of provisions for Maintenance, support and property disposition
CHAPTER 9.09 Custody
9.0901 Jurisdiction; Commencement of proceeding
9.0902 Best interest of child
9.0903 Temporary orders
9.0904 Interviews
9.0905 Investigations and reports
9.0906 Hearings
9.0907 Visitation
9.0908 Judicial supervision
9.0909 Modification
9.0910 Affidavit practice
9.0911 Severability

Title 10 – Animal and Rabies Control
CHAPTER 10.01 Definitions and General Provisions
10.0101 Animal defined
10.0102 Dog defined
10.0103 Owner defined
10.0104 At large defined
10.0105 Restrained defined
10.0106 Stray defined
10.0107 Rabies vaccination defined
10.0108 Service Unit Director defined
10.0109 Dog pound defined
10.0110 Keeping of Pit Bull, Rottweiler and Doberman Pinscher dogs within the boundaries of the Turtle Mountain Indian reservation
CHAPTER 10.02 Registration of Dogs
10.0201 Dogs to be registered
10.0202 Rabies certificate of vaccination required
10.0203 Information required on certificate of registration; Registration, tags issued and disposition of fees
10.0204 Expiration of registration certificate and tags
10.0205 Attaching registration tag without proper registering
10.0206 Refusal or failure to register or pay impoundment fee
CHAPTER 10.03 Impoundment and Destruction of Dogs
10.0301 Dogs to be seized and impounded; Notification of owner; Unclaimed dogs
10.0302 Requirement before release; Disposition of service fees
10.0303 Dogs to be destroyed in humane and sanitary manner
10.0304 Designating tribal employees and Law Enforcement to be authorized to destroy any unclaimed dog
CHAPTER 10.04 Control of Rabies Infected Domestic Animals
10.0401 Care and control of dog or animal known to have bitten a person
10.0402 Failure of owner to confine dog or other animal
10.0403 Quarantine of animals; Authority to establish period and location
10.0404 Animals to be confined; Responsibility of owners
10.0405 Requirement for vaccination of animals
CHAPTER 10.05 Penalties
10.0501 Penalties for violation of this Title 10

Title 11 – Wills
CHAPTER 11.01 Succession; Descent; Wills
11.0101 Succession defined
11.0102 Intestate
11.0103 Order of succession
11.0104 Inheritance by illegitimate children
11.0105 Inheritance from illegitimate child
11.0106 Heir takes realty subject to mortgages
11.0107 Degrees of kindred
11.0108 Lineal and collateral consanguinity
11.0109 Ascending and descending lines
11.0110 Degrees in direct line
11.0111 Computations of degrees in collateral line
11.0112 Kindred of half-blood inherit
11.0113 Inheritance by representation
11.0114 Aliens and non-enrolled individuals may take
CHAPTER 11.02 Wills; Execution and Revocation
11.0201 How wills must be executed and attested
11.0202 Who may make; May dispose of what property
11.0203 What may be disposed of by will
11.0204 May be made to anyone except authorized corporation
11.0205 Codicil; Definition of
11.0206 Will includes codicil
11.0207 Codicil; Effect of
11.0208 Mutual will
11.0209 Holographic will
11.0210 Compliance with what law required
11.0211 Change of domicile; No effect
11.0212 Revocation of wills
11.0213 Cancellation and destruction; How proved
11.0214 Revocation of subsequent will; Effect upon former will
11.0215 Marriage revokes will; If wife or issue unprovided for
11.0216 Incumbrance not a revocation
11.0217 Agreement for sale; No revocation
11.0218 Revocation revokes codicil
11.0219 Kindred not mentioned in will who share in estate
11.0220 Subscribing witness; Rights under will
11.0221 Probate of will not prevented by subsequent in competency of witness
CHAPTER 11.03 Wills: Interpretation
11.0301 Intention of testator governs
11.0302 Will excludes all oral declarations
11.0303 Construed together if several
11.0304 Distinct devise; Not affected by inaccuracies
11.0305 Ambiguities construed by other references
11.0306 Words taken in ordinary sense
11.0307 Every expression given effect
11.0308 To prevent intestacy
11.0309 Technical words
11.0310 Bequest of residue
11.0311 When bequest passes to those entitled to succeed
11.0312 Postponed possession                                                                             
11.0313 Class includes all
11.0314 When real property deemed personal property
11.0315 Unborn child included
11.0316 Imperfect description corrected without evidence of declarations
11.0317 Testamentary disposition; On attaining majority; Vests at testator’s death
11.0318 Divested only by precise contingency
11.0319 Interests in remainder unaffected
11.0320 Conditional disposition defined
11.0321 Condition precedent
11.0322 Condition precedent vests on fulfillment; Exceptions
11.0323 Condition subsequent; When it divests
11.0324 Owners in common
CHAPTER 11.04 Wills; General Provisions
11.0401 Legacies classified
11.0402 Order in which property applies to debts
11.0403 Income after death
11.0404 Legacy in fear of death satisfied before death
11.0405 Who entitled to letters testamentary                                       
11.0406 Authority to executor, to appoint; Void
11.0407 Powers to executor before qualifying
CHAPTER 11.05 Disposition of Property of Decedent Willfully Killed
11.0501 Definition of terms
11.0502 Willful slayer shall not benefit by succession, will or in any way
11.0503 Disposition of joint property and rights
11.0504 Protection of bona fide purchasers without notice
11.0505 Record of conviction admissible in evidence
CHAPTER 11.06 Simultaneous Death Law
11.0601 No sufficient evidence of survivorship
11.0602 Beneficiaries of another person's disposition of property
11.0603 Joint tenants or tenants by the entirety
11.0604 Insurance policies
11.0605 Chapter does not apply if decedent provides otherwise
CHAPTER 11.07 Probate Procedure
11.0701 Power of court as to estates
11.0702 Petition; contents
11.0703 Notice of hearing on petition
11.0704 Hearing upon petition
11.0705 Decision of Court
11.0706 Decree of distribution
11.0707 Sales may be made when necessary

Title 12 – Sales
CHAPTER 12.01 General Obligation and Construction of Contract
12.0101 Formation of contract for sale; In general
12.0102 General obligations of the parties
12.0103 Absence of specified place for delivery
12.0104 Absence of specific time provisions
12.0105 Price
12.0106 Delivery in single lot or several lots
12.0107 Warranty of title and against infringement
12.0108 Express warranties
12.0109 Implied warranty of merchantability
12.0110 Implied warranty of fitness for a particular purpose
12.0111 Exclusion or modification of warranties
12.0112 Third party beneficiaries of warranties
12.0113 Sale by auction
CHAPTER 12.02 Title, Creditors, and Good Faith Purchasers
12.0201 Passing of title
12.0202 Power to transfer; Good faith purchaser of goods             
CHAPTER 12.03 Performance
12.0301 Buyer's interest in goods; Manner of identification of goods
12.0302 Manner of seller's tender of delivery
12.0303 Effect of seller's tender
12.0304 Cure by seller of improper tender or delivery; Replacement
12.0305 Risk of loss in the absence of breach
12.0306 Effect of breach or risk of loss
12.0307 Tender of payment by buyer
12.0308 Buyer’s right to inspection of goods
12.0309 Buyer's rights on improper delivery
CHAPTER 12.04 Breach, Repudiation and Excuse
12.0401 Manner and effect of rightful rejection
12.0402 What constitutes acceptance of goods
12.0403 Effect of acceptance; Notice of breach
12.0404 Revocation of acceptance
12.0405 Anticipatory repudiation; Retraction
12.0406 Breach of installment contract
12.0407 Substituted performance
CHAPTER 12.05 Remedies
12.0501 Seller's remedies in general
12.0502 Seller's right to identify or salvage goods after breach
12.0503 Se11er's resale
12.0504 Seller's damages for non-acceptance or repudiation
12.0505 Action for the Price
12.0506 Buyer's remedies in general
12.0507 Cover
12.0508 Buyer's damages for non-delivery or repudiation
12.0509 Buyer's damages for breach in regard to accepted goods
12.0510 Buyer's incidental and consequential damages
12.0511 Buyer's right to specific performance or replevin
12.0512 Proof of market price; Time and place

Title 13 – Elections and Recall
CHAPTER 13.01 General Purpose Statement
13.0101 Purpose  
CHAPTER 13.02 Definitions
13.0201 In this Title, the following terms shall be defined as follows:
CHAPTER 13.03 Voter Qualification
13.0301 Voter Qualification
CHAPTER 13.04 Election Officials
13.0401 Election board
13.0402 Election committee
13.0403 Qualifications for election board and election committee
13.0404 Removal and replacement election board
13.0405 Oath of election board and election committee
CHAPTER 13.05 Duties of Election Officials
13.0501 Election board duties before the election
13.0502 Election board duties during the election
13.0503 Election board duties after the election
13.0504 Duties of election board chairperson
13.0505 Duties of the election inspector
13.0506 Duties of election judges
13.0507 Duties of election clerk(s)
13.0508 Conduct of election officials
13.0509 Determination and appeal
CHAPTER 13.06 Letter of Intent
13.0601 Letter of intent form
CHAPTER 13.07 Qualifications of Candidates for Legislative and Judicial Office
13.0701 Qualifications; Tribal Council
13.0702 Establishment of qualifications for judicial office
13.0703 Qualifications; Chief Clerk of Court
13.0704 Qualifications; Associate Judge                              
13.0705 Qualifications; Chief Judge
CHAPTER 13.08 Ballots
13.0801 Names on ballot
13.0802 Secret ballots
13.0803 Votes in district; Votes at large
CHAPTER 13.09 Absentee Ballots
13.0901 Request of absentee ballot
13.0902 Falsification of absentee voter affidavit
13.0903 Records
CHAPTER 13.10 Notice and Conduct of Elections
13.1001 General election date; Primary election dates
13.1002 Notice of primary and general election
13.1003 Void elections
13.1004 Watchers
13.1005 Challenges
13.1006 Falsification of voter qualification affidavit
13.1007 Campaigning
13.1008 Loitering
13.1009 Polling sites/polling place accessibility
13.1010 Voter disability
CHAPTER 13.11 Determining Election Winner
13.1101 Determination of election
13.1102 Recount
13.1103 Primary election
13.1104 Certification of election results
13.1105 Oath of office
13.1106 Seating of office
CHAPTER 13.12 Recall, Referendum and Constitutional Amendments
13.1201 Purpose
13.1202 Remedy for misuse of recall process
13.0203 Recall of district official
13.1204 Recall of at-large official
13.1205 Recall, referendum and constitutional amendment
13.1206 Presentation of petitions for recall; Referendum and constitutional amendments
13.1207 Notice of recall, referendum or constitutional amendment election
13.1208 Vacancy in Office
CHAPTER 13.13 Removal of Tribal Officers and Representatives
13.1301 Purpose
13.1302 Grounds for removal
13.0303 Procedure to be employed at removal hearing
13.0304 Vacancy in office

Title 14 – Housing Authority
CHAPTER 14.01 Declaration of Need
14.0101 Declaration of need
14.0102 Purposes
CHAPTER 14.02 Definitions
14.0201 Definitions
CHAPTER 14.03 Organization
14.0301 Appointment of board members
14.0302 Term of office
14.0303 Officers
14.0304 Removal
14.0305 Compensation                                           
14.0306 Meetings
14.0307 Minutes of meetings
14.0308 Financial records
CHAPTER 14.04 Powers
14.0401 Authority
14.0402 Corporate Seal
14.0403 Contracts and Agreements
14.0404 Wages
14.0405 Conveyance to federal government
14.0406 Negotiate leases
14.0407 Borrow money
14.0408 Mortgage property
14.0409 Acquire land
14.0410 Conduct research
14.0411 Investment of funds
14.0412 Banking of funds
14.0413 Staff
14.0414 Income limits
14.0415 Eviction
14.0416 Other
CHAPTER 14.05 Bonds
14.0501 Issuance of bonds
14.0502 Liability
14.0503 Tax
14.0504 Sale procedure
14.0505 Bonds of the authority shall be fully negotiable
14.0506 Administration of bonds
CHAPTER 14.06 Miscellaneous
14.0601 Reports
14.0602 Conflict of interests
14.0603 Construction codes
14.0604 Liens or judgments
14.0605 Fidelity bond
CHAPTER 14.07 Cooperation In Connection with Projects
14.0701 Cooperation in connection with projects
14.0702 Sovereign Immunity
CHAPTER 14.08 Approval by Secretary of the Interior
14.0801 Financial assistance

Title 15 – Construction Codes and Standards
CHAPTER 15.01 Zoning
15.1010 Townsites
CHAPTER 15.02 Building and Construction
15.0201 Foundation
15.0202 Material quality
15.0203 Location
15.0204 Footings
15.0205 Access
15.0206 Joists
15.0207 Flooring
15.0208 Walls
15.0209 Windows
15.0210 Shingles
15.0211 Doors
15.0212 Space
15.0213 Chimneys
15.0214 Plumbing and sewage
15.0215 Electricity
15.0216 Log buildings
15.0217 Fencing
15.0218 Trailer houses
15.0219 Housing Code
15.0220 Consideration

Title 16 – Sanitation
CHAPTER 16.01 Definitions
16.0101 Health Board official
16.0102 Individual sewage disposal system
16.0103 Refuse disposal system
16.0104 Refuse
16.0105 Refuse containers
16.0106 Permit
16.0107 Person
CHAPTER 16.02 Requirements for Sewage Disposal Systems
16.0201 Health Board to establish minimum standards
16.0202 Drainage requirements
16.0203 Location of septic tanks and drainage fields
16.0204 Pumping of drainage fields or septic tanks
16.0205 Lot sizes for individual water and waste disposal systems
16.0206 Location of water wells from septic tanks and disposal fields
CHAPTER 16.03 Permits for Individual Sewage Disposal Systems
16.0301 Construct, alter or extending sewage systems
16.0302 Applications for permits; To whom made
16.0303 Permit may be refused; When
16.0304 Information to be included in application
16.0305 Plan to be issued by health board
CHAPTER 16.04 Requirements for Waste Disposal Systems
16.0401 Health Board to promulgate regulations for refuse systems
16.0402 Utility established
16.0403 Collection of refuse
16.0404 Storage of refuse
16.0405 Hauling and disposing of refuse
16.0406 Require services of waste collection and disposal utility
16.0407 Requirements for sanitary landfills
16.0408 Throwing of refuse in streets, roads and highways, etc. prohibited
CHAPTER 16.05 Inspections
16.0501 Who to make inspections
16.0502 Owner or occupant to give access
CHAPTER 16.06 Penalties
16.0601 Penalties for violation of Title 16 of this Code
CHAPTER 16.07 Food Service Sanitation
16.0602 Purpose
CHAPTER 16.08 Definitions
16.0801 Definitions
CHAPTER 16.09 Food
16.0901 Food supplies
16.0902 Food protection
CHAPTER 16.10 Personnel
16.1001 Health and disease control
16.1002 Cleanliness
CHAPTER 16.11 Food Equipment and Utensils
16.1101 Sanitary design, construction and installation of equipment and utensils
16.1102 Cleanliness of equipment and utensils
CHAPTER 16.12 Sanitary Facilities and Controls
16.1201 Water supply
16.1202 Sewage disposal
16.1203 Plumbing
16.1204 Toilet facilities
16.1205 Hand-washing facilities
16.1206 Garbage and rubbish disposal
16.1207 Vermin control
CHAPTER 16.13 Other Facilities and Operations
16.1301 Floors, walls and ceilings
16.1302 Lighting
16.1303 Ventilation
16.1304 Dressing rooms and lockers
16.1305 Housekeeping
CHAPTER 16.14 Temporary Food Service Establishments
16.1401 Compliance
CHAPTER 16.15 Enforcement Provisions
16.1501 Permit
16.1502 Inspection of food-service establishments
16.1503 Examination and condemnation of food
16.0504 Food-service establishments outside jurisdiction of the health authority
16.1505 Plan review of future construction
16.1506 Procedure when infection is suspected
16.1507 Enforcement interpretation
CHAPTER 16.16 Penalties
16.1601 Penalties for violations
16.1602 Unconstitutionality clause
CHAPTER 16.17 Turtle Mountain Health Board
16.1701 Name
16.1702 Authority
16.1703 Purpose and objectives
CHAPTER 16.18 Definitions
16.1801 Definitions
CHAPTER 16.19 Composition of the Board
16.1901 Composition of the board                                   
CHAPTER 16.20 Membership
16.2001 Membership
16.2002 Permanent or appointed members allowed to vote
16.2003 Resignation
16.2004 Removal for cause
16.2005 Membership not transferable or assignable
16.2006 Term
16.2007 One-year term
16.2008 Vacancies by resignation, removal for cause, or death of permanent member
16.2009 Vacancies by resignation, removal for cause, or death of appointed member
16.2010 Vacancy of director
CHAPTER 16.21 Meetings
16.2101 Regular meetings
16.2102 Special meetings
16.2103 Quorum necessary
16.2104 Vote by six members necessary
16.2105 Written notice of meeting
16.2106 Voting by proxy
16.2107 Members subject to removal; Cause
CHAPTER 16.22 Officers
16.2201 Election of officers
16.2202 Chairman to preside
16.2203 Chairman to report
16.2204 Secretary's duties
16.2205 Treasurer's duties
16.2206 Treasurer to report
16.2207 Terms of office
16.2208 Election of officers; When
CHAPTER 16.23 Special Committees
16.2301 Special committees
CHAPTER 16.24 Fiscal Year
16.2401 Fiscal year
CHAPTER 16.25 Per Diem and Travel
16.2501 Per diem and travel
CHAPTER 16.26 Finance
16.2601 Operation from funds raised or donated
16.2602 Disbursements; checking account
16.2603 Checks require two signatures
CHAPTER 16.27 Advisory Committee
16.2701 Advisory committee

Title 17 – Counseling and Rehabilitation Board
CHAPTER 17.01 Definitions
17.0101 Definitions
CHAPTER 17.02 Organizational
17.0201 Appointment of board members
17.0202 Term of office
17.0203 Officers
17.0204 Removal
17.0205 Compensation
17.0206 Meetings
17.0207 Minutes of meetings
17.0208 Financial records
17.0209 General provisions
CHAPTER 17.03 Powers and Duties
17.0301 Duties of the board
17.0302 Annual reports
17.0303 Interim reports
17.0304 Board may contract for services of other agencies; Training of personnel
17.0305 Facilities for treatment of alcoholism
17.0306 Authority to sue
17.0307 Lease property
17.0308 Borrow money
17.0309 Pledge property
17.0310 Insurance
17.0311 Investment of funds
CHAPTER 17.04 Treatment
17.0401 Voluntary admission for treatment
17.0402 Rules and regulations
17.0403 Civil rights; Records confidential
17.0404 Reimbursement for treatment
CHAPTER 17.05 Management of Funds
17.0501 Accounts
17.0502 Deposit of funds
17.0503 Violations of provisions of this Chapter (Indian)
17.0504 Violations of provisions of this Chapter (non-Indian)

Title 18 – Business Regulations and Licenses
CHAPTER 18.01 Administration and Enforcement
18.0101 General
18.0102 Regulatory license
18.0103 Business license
18.0104 License; Application
18.0105 License; Granting
18.0106 Persons engaging in more than one business
18.0107 Jurisdiction
18.0108 License; Term
18.0109 Transacting a business without a license
18.0110 Complying with Laws and Regulations
18.0111 License; Not transferable
18.0112 Licenses; Revocation
18.0113 Licenses; Posting of
18.0114 Licenses; Enforcement
18.0115 License fee; Deposition of
18.0116 Violations; Criminal; Indian
18.0117 Violation; Punishment; Persons not subject to Turtle Mountain criminal jurisdiction
18.0118 Civil penalty
18.0119 License fees
18.0120 Authorization for inspection of customer records
CHAPTER 18.02 Definitions
18.0201 Definitions
18.0202 Bond
18.0203 Contractor
CHAPTER 18.05 Licensure and Regulations of Child Care Centers
18.0501 Purposes and definition
18.0502 Application for licensure
18.0503 Review of application
18.0504 Unrestricted child care license
18.0505 Provisional license
18.0506 Rights of provisional licensee
18.0507 Minimum qualifications and duties of the operator of a child care center
18.0508 Minimum requirements for care givers employed in a licensed child care center
18.0509 Minimum standards for records maintained by center on children enrolled in center
18.0510 Emergency plan requirement
18.0511 Sanitation and safety requirements
18.0512 Minimum standards for food and nutrition
18.0513 Other regulations
18.0514 Revocation of a child care license

Title 19 – Alcoholic Beverage Controls
CHAPTER 19.01 General Provisions
19.0101 Definitions
19.0102 Exceptions
19.0103 License required
19.0104 License; Term of
19.0105 License; Classes of
19.0106 License; Lodges or clubs
19.0107 License; Qualifications for
19.0108 License; Application for
19.0109 License; Applicant fitness
19.0110 License; Limit to one applicant
19.0111 License; Limit of number
19.0112 License; Location of
19.0113 License; Posting of
19.0114 License; Transfer of
19.0115 License fees; Disposition of
19.0116 Hours and time of sale
19.0117 Licensee's responsibility
19.0118 Cashing certain checks prohibited
19.0119 Sales prohibited; Items
19.0120 Sales prohibited; Persons
19.0121 Minors in licensed premises
19.0122 Age identification
19.0123 Street sales prohibited
19.0124 Premises; Equipment of
19.0125 Closed or screened areas
19.0126 Purchase from licensed wholesaler
19.0127 Toilets required
19.0128 Bottle clubs
19.0129 Deliveries; Off licensed premises
19.0130 Termination or revocation of licenses
19.0131 Persons less than twenty-one years prohibited; Exceptions
19.0132 Violation of provisions of this chapter (Indian)
19.0133 Violations of provisions of this chapter (Non-Indian)

Title 20 – Recreational Development Authority
CHAPTER 20.01 Purpose
20.0101 Purpose
CHAPTER 20.02 Organization
20.0201 Management of authority and appointment of board member
20.0202 Composition and terms of original board of commissioners
20.0203 Terms of board members after original board
20.0204 Officers of board of commissioners
20.0205 Compensation and reimbursement of board members
20.0206 Quorum Required for Transaction of Business
20.0207 Duties of the secretary-treasurer
20.0208 Authority of board
20.0209 Meetings; Who to call and when
CHAPTER 20.03 Powers
20.0301 Powers
CHAPTER 20.04 Dissolution
20.0401 Dissolution

Title 21 – Utility Code
CHAPTER 21.01 Findings, Purpose and Scope
21.0101 Findings
21.0102 Purpose
21.0103 Benefits of Tribal government
21.0104 Territory, persons and property affected
CHAPTER 21.02 General Provisions
21.0201 Definitions
21.0202 Intent of Tribe to preempt state law
21.0203 Sovereign immunity
CHAPTER 21.03 Tribal Utility Commission
21.0301 Creation of commission
21.0302 Number and selection of commissioners
21.0303 Terms of office
21.0304 First commission
21.0305 Vacancies
21.0306 Resignation
21.0307 Removal
21.0308 President of the commission
21.0309 Duties of president
21.0310 Offices of Tribal Utility Commission
21.0311 Compensation of commissioners
21.0312 Quorum
21.0313 Majority vote
21.0314 General procedures of the commission
21.0315 Tribal Utility Commission Director
21.0316 Tribal Utility Commission account established
CHAPTER 21.04 Powers and Duties of Commission
21.0401 Jurisdiction and powers of commission
21.0402 Accounting systems
21.0403 Annual reports
21.0404 Depreciation rates and practices
21.0405 Right of entrance; Inspection
21.0406 Production of records
21.0407 Investigation
21.0408 Hearings; Examiner
21.0409 Appointment of examiner; Power of examiner
21.0410 Rules of the commission
21.0411 Commission employees and expenses
21.0412 Bonds
21.0413 Records of the commission
CHAPTER 21.05 Duties of Public Utilities
21.0501 Utility to provide adequate service
21.0502 Reasonable charges for services and commodities of utility
21.0503 Standard of service
21.0504 Violation of prescribed system of accounts unlawful
21.0505 Customer deposits; Interest
21.0506 Unreasonable preferences or advantages prohibited
21.0507 Orders of the commission; Observance by utility
21.0508 Disconnection during cold weather
CHAPTER 21.06 Electric Utility Franchises
21.0601 Definitions
21.0602 Public policy regarding assigned service areas for electric utilities
21.0603 Assigned service areas
21.0604 Exclusive service rights
21.0605 Service extensions
21.0606 Enforcement of chapter
21.0607 Terms by which facilities of one utility may cross those of another utility
21.0608 Use by one utility of the facilities of another utility
CHAPTER 21.07 Electric Utility Rates and Tariffs
21.0701 Changes in tariff rates; Notice to Commission
21.0702 Hearing by Commission on proposed change of rates
21.0703 Factors in establishing rate adjustments
21.0704 Non-interference with federal programs
21.0705 Reasonable rates
21.0706 Testing meters; Gas; Electric
21.0707 Publishing of schedules
21.0708 Rate preference prohibited
21.0709 Valuation of utility property

Title 22 – Administrative Procedures Act
CHAPTER 22.01 General Provisions
22.0101 Policy and purpose
22.0102 Short title
22.0103 Rules have the same force as law
CHAPTER 22.02 Findings
22.0201 Findings
CHAPTER 22.03 Definitions
22.0301 Definitions
CHAPTER 22.04 Information and Privacy
22.0401 Public information
22.0402 Publication of changes                                         
22.0403 Requirement of Publication and notice
22.0404 Right to inspect; Exceptions
22.0405 Right to access parts of document
22.0406 Amendment of a record
22.0407 Withholding information not authorized
22.0408 Order for production of records
CHAPTER 22.05 Rulemaking
22.0501 Roles of agencies and of the Tribal Council
22.0502 Notice and publication
22.0503 Emergency rule
CHAPTER 22.06 Requisites for Validity
22.0601 Written and oral submission
CHAPTER 22.07 Petition for Adoption
22.0701 Amendment, or repeal of a rule
CHAPTER 22.08 Filing and Dissemination
22.0801 Filing; Maintaining permanent records; Payment of reasonable costs
CHAPTER 22.09 Tribal Council Review of a Rule
22.0901 Recommended by an affected agency
CHAPTER 22.10 Hearing Officers
22.1001 Appointment of hearing officers; Term
22.1002 Qualifications
22.1003 Compensation and reimbursement
22.1004 Vacancies and removal
22.1005 Temporary hearing officer
22.1006 Duties of the senior hearing officer
22.1007 Powers and duties of hearing officers
22.1008 Disqualifications
CHAPTER 22.11 Adjudications
22.1101 Application
22.1102 Notice
22.1103 Ancillary matters
22.1104 Ex Parte consultations
22.1105 Initial decisions
22.1106 Petition for administrative hearing
22.1107 Conduct of hearings
22.1108 Final orders
22.1109 Judicial review
22.1110 Imposition of sanctions
CHAPTER 22.12 Severability
22.1201 Severability

Title 24 – Commercial Code
CHAPTER 24.01 General Provisions
24.0101 Short title; Construction, Application and subject matter or the act
24.0102 Purposes; Rules of construction; Variation by agreement
24.0103 Supplementary general principles of law applicable
24.0104 Construction against implicit repeal
24.0105 Territorial application of the code; Parties’ power to choose applicable law
24.0106 Remedies to be liberally administered
24.0107 Waiver or renunciation of claim or right after breach
24.0108 Severability
24.0109 Section captions
24.0110 General definitions and principles of interpretation
24.0111 Prima facie evidence by third-party documents
24.0112 Obligation of good faith
24.0113 Time; Reasonable time; “Seasonably”
24.0114 Course of dealing and usage of trade
24.0115 State of frauds for kinds of personal property not otherwise covered
24.0116 Performance or acceptance under reservation of rights
24.0117 Option to accelerate at will
24.0118 Subordinated obligation
CHAPTER 24.02 Sales
24.0201 Short title; General construct and subject matter
24.0202 Scope; Certain security and other transactions excluded from this article
24.0203 Definitions and index of definitions
24.0204 Definitions; “Merchant”; “Between merchants”; “Financing agency”
24.0205 Definitions; “Transferability”; “Goods”; “Future goods”; “Lot”; “Commercial unit”
24.0206 Definitions; “Contract”; “Agreement”; “Contract for sale”; “Sale”; “Present sale”; “Conforming to contract”; “Termination”; “Cancellation”
24.0207 Goods to be severed from realty; Recording
CHAPTER 24.03 Form, formation and Readjustment of Contract
24.0301 Formal requirements; Statute of frauds
24.0302 Final written expression; Parole or extrinsic evidence
24.0303 Seals inoperative
24.0304 Formation in general
24.0305 Firm offers
24.0306 Offer and acceptance in formation of contract
24.0307 Additional Terms in Acceptance or Confirmation
24.0308 Course of performance or practical construction
24.0309 Modification, rescission and waiver
24.0310 Delegation of performance; Assignment of rights
CHAPTER 24.04 General Obligation and Construction of Contract
24.0401 General obligation of parties
24.0402 Unconscionable contract or clause
24.0403 Allocation or Division of Risks
24.0404 Price payable in money, goods, realty or otherwise
24.0405 Open price term
24.0406 Output, requirements and exclusive dealings
24.0407 Delivery in single lot or several lots
24.0408 Absence of specified place for delivery
24.0409 Absence of specific time provisions; Notice of termination
24.0410 Open time for payment or running of credit; Authority to ship under reservation
24.0411 Options and cooperation respecting performance
24.0412 Warranty of title and against infringement; Buyer’s obligation against infringement
24.0413 Express warranties by affirmation, promise, description, sample
24.0414 Implied warranty; Merchantability; Usage of trade
24.0415 Implied warranty; Fitness for particular purpose
24.0416 Implied warranties; Exclusion of sales of blood, blood plasma, human tissue or organs as medical services
24.0417 Exclusion or modification of warranties
24.0418 Cattle, hogs and sheep; No implied warranty as to disease
24.0419 Cumulation and conflict of warranties express or implied
24.0420 Third-party beneficiaries of warranties express or implied
24.0421 F.O.B. and F.A.S. terms
24.0422 C.I.F. and C. & F. terms
24.0423 C.I.F. or C. & F.; “Net landed weights”; “Payment on arrival”; Warranty of condition on arrival
24.0424 Delivery “ex-ship”
24.0425 Form of bill of lading required in overseas shipment; “Overseas”
24.0426 “No arrival, no sale” term
24.0427 “Letter of credit” term; “Confirmed credit”
24.0428 Sale on approval and sale or return; Consignment sales and rights of creditors
24.0429 Special incidents of sale on approval and sale or return
24.0430 Sale by auction
CHAPTER 24.05 Title, Creditors, and Good Faith Purchases
24.0501 Passing of title; Reservation for security; Limited application of this section
24.0502 Rights of seller’s creditors against sold goods
24.0503 Power to transfer; Good faith purchases of goods; “Entrusting”
CHAPTER 24.06 Performances
24.0601 Insurable interest in goods; Manner of identification of goods
24.0602 Buyer’s rights to goods on seller’s insolvency
24.0603 Manner of seller’s tender of delivery
24.0604 Shipment by seller
24.0605 Seller’s shipment under reservation
24.0606 Rights of financing agency
24.0607 Effect of seller’s tender; Delivery on condition
24.0608 Cure by seller of improper tender or delivery; Replacement
24.0609 Risk of loss in the absence of breach
24.0610 Effect of breach on risk of loss
24.0611 Tender of payment by buyer; Payment by check
24.0612 Payment by buyer before inspection
24.0613 Buyer’s right to inspection of goods
24.0614 When documents deliverable on acceptance; When on payment
24.0615 Preserving evidence of goods in dispute
CHAPTER 24.07 Breach, Repudiation, and Excuse
24.0701 Buyer’s rights on improper delivery
24.0702 Manner and effect of rightful rejection
24.0703 Merchant buyer’s duties as to rightfully rejected goods
24.0704 Buyer’s options as to salvage of rightfully rejected goods
24.0705 Waiver of buyer’s objections by failure to particularize
24.0706 What constitutes acceptance of goods
24.0707 Effect of acceptance; Notice of breach; Burden of establishing breach after acceptance; Notice of claim or litigation to person answerable over
24.0708 Revocation of acceptance in whole or in part
24.0709 Right to adequate assurance of performance
24.0710 Anticipatory repudiation
24.0711 Retraction of anticipatory repudiation
24.0712 “Installment contract”; Breach
24.0713 Casualty to identified goods
24.0714 Substituted performance
24.0715 Excuse by failure of presupposed conditions
24.0716 Procedure on notice claiming excuse
CHAPTER 24.08 Remedies
24.0801 Remedies for breach of collateral contracts not impaired
24.0802 Seller’s remedies on discovery of buyer’s insolvency
24.0803 Seller’s remedies in general
24.0804 Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods
24.0805 Seller’s stoppage of delivery in transit or otherwise
24.0806 Seller’s resale including contract for resale
24.0807 “Person in the position of a seller”
24.0808 Seller’s damages for non-acceptance or repudiation
24.0809 Action for the price
24.0810 Seller’s incidental damages
24.0811 Buyer’s remedies in general; Buyer’s security interest in rejected goods
24.0812 “Cover”; Buyer’s procurement of substitute goods
24.0813 Buyer’s damages for non-delivery or repudiation
24.0814 Buyer’s damages for breach in regard to accepted goods
24.0815 Buyer’s incidental and consequential damages
24.0816 Buyer’s right to specific performance or replevin            
24.0817 Deduction of damages from the price
24.0818 Liquidation or limitation of damages – Deposits
24.0819 Contractual modification or limitation of remedy
24.0820 Effect of “cancellation” or “rescission” on claims for antecedent breach
24.0821 Remedies for fraud
24.0822 Who can sue third parties for injury to goods
24.0823 Proof of market price; Time and place
24.0824 Admissibility of market quotations
24.0825 Statute of limitations in contracts for sale
CHAPTER 24.09 Leases of Goods
24.0901 Short title
24.0902 Scope
24.0903 Definitions; Index of definitions
24.0904 Leases subject to other statutes
24.0905 Territorial application of article to goods covered by certificate of title
24.0906 Limitation on power of parties to consumer lease to choose applicable law and judicial forum
24.0907 Waiver or renunciation of claim or right after default
24.0908 Unconscionability
CHAPTER 24.10 Formation and Construction of Lease Contract
24.1001 Statue of frauds
24.1002 Final written expression; Parol or extrinsic evidence
24.1003 Seals inoperative
24.1004 Formation in general
24.1005 Firm offers
24.1006 Offer and acceptance in formation of lease contract
24.1007 Course of performance or practical construction
24.1008 Modification, rescission and waiver
24.1009 Lessee under finance lease as beneficiary of supply contract
24.1010 Express warranties
24.1011 Warranties against interference and against infringement; lessee’s obligation against infringement 46
24.1012 Implied warranty of merchantability
24.1013 Implied warranty of fitness for particular purpose
24.1014 Exclusion or modification of warranties
24.1015 Cumulation and conflict of warranties express or implied
24.1016 Third party beneficiaries of express and implied warranties
24.1017 Identification
24.1018 Insurance and proceeds
24.1019 Risk of loss
24.1020 Effect of default on risk of loss
24.1021 Casualty to identified goods
CHAPTER 24.11 Effects of Lease Contract
24.1101 Enforceability of lease contract
24.1102 Title to and possession of goods
24.1103 Alienability of party’s interest under lease contract or of lessor’s residual interest in goods; delegation of performance; assignment of rights
24.1104 Subsequent lease of goods by lessor
24.1105 Sale or sublease of goods by lessee
24.1106 Priority of certain liens arising by operation of law
24.1107 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods
24.1108 Special rights of creditors
24.1109 Lessor’s and lessee’s rights when goods become fixtures
24.1110 Lessor’s and lessee’s rights when goods become accessions
CHAPTER 24.12 Performance of Lease Contract: Repudiated, Substituted and Excused
24.1201 Insecurity; Adequate assurance of performance
24.1202 Anticipatory repudiation
24.1203 Retraction of anticipatory repudiation
24.1204 Substituted performance
24.1205 Excused performance
24.1206 Procedure on excused performance
24.1207 Irrevocable promises; Finance leases
CHAPTER 24.13 Default
24.1301 Default procedures
24.1302 Notice after default
24.1303 Modification or impairment of rights and remedies
24.1304 Liquidation of damages
24.1305 Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies
24.1306 Statute of limitations
24.1307 Proof of market rent; Time and place
24.1308 Lessee’s remedies
24.1309 Lessee’s rights on improper delivery; Rightful rejection
24.1310 Installment lease contracts; Rejection and default
24.1311 Merchant lessee’s duties as to rightfully rejected goods
24.1312 Lessee’s duties as to rightfully rejected goods
24.1313 Cure by lessor of improper delivery; Replacement
24.1314 Waiver of lessee’s objections
24.1315 Acceptance of goods
24.1316 Effect of acceptance of goods; Notice of default; Burden of establishing default after acceptance; Notice of claim or litigation to person answerable over
24.1317 Revocation of acceptance of goods
24.1318 Cover; Substitute goods 3
24.1319 Lessee’s damages for non-delivery, repudiation, default and breach of warranty in regard to accepted goods
24.1320 Lessee’s incidental and consequential damages
24.1321 Lessee’s right to specific performance or replevin
24.1322 Lessee’s right to goods on lessor’s insolvency
24.1323 Lessee’s rights
24.1324 Lessor’s right to identify goods to lease contract
24.1325 Lessor’s right to possession of goods
24.1326 Lessor’s stoppage of delivery in transit or otherwise
24.1327 Lessor’s rights to dispose of goods
24.1328 Lessor’s damages for non-acceptance or repudiation
24.1329 Lessor’s action for a rent
24.1330 Lessor’s incidental damages
24.1331 Lessor’s right to recover for damage to residual interest
24.1332 Standing to sue third parties for injury to goods
CHAPTER 24.14 Negotiable Instrumentals
24.1401 Short title
24.1402 Subject matter
24.1403 Definitions
24.1404 Negotiable instrument
24.1405 Issue of instrument
24.1406 Unconditional promise or order
24.1407 Instrument payable in foreign money
24.1408 Payable on demand or at definite time
24.1409 Payable to bearer or to order
24.1410 Identification of person to whom instrument is payable
24.1411 Place of payment
24.1412 Interest
24.1413 Date of instrument
24.1414 Contradictory terms of instrument
24.1415 Incomplete instruments
24.1416 Joint and several liability contribution
24.1417 Other agreements affecting instrument
24.1418 Statute of limitations
24.1419 Notice of right to defend action
CHAPTER 24.15 Negotiation, Transfer, and Endorsement
24.1501 Negotiation
24.1502 Negotiation subject to rescission
24.1503 Transfer of instrument rights acquired by transfer
24.1504 Endorsement
24.1505 Special endorsement; Blank endorsement; Anomalous endorsement
24.1506 Restrictive endorsement
24.1507 Reacquisition

CHAPTER 24.16 Enforcement of Instruments
24.1601 Person entitled to enforce instrument
24.1602 Holder in due course
24.1603 Value and consideration
24.1604 Overdue instrument
24.1605 Defense and claims in recoupment
24.1606 Claims to an instrument
24.1607 Notice of breach of fiduciary duty
24.1608 Proof of signatures and status as holder in due course
24.1609 Enforcement of lost, destroyed, or stolen instrument
24.1610 Effect of instrument on obligation for which taken
24.1611 Accord and satisfaction by use of instrument
24.1612 Lost, destroyed, or stolen cashier’s check, teller’s check or certified check

CHAPTER 24.17 Liability of parties
24.1701 Signature
24.1702 Signature by representative
24.1703 Unauthorized signature
24.1704 Imposters Fictitious payees
24.1705 Employer’s responsibility for fraudulent endorsement by employee
24.1706 Negligence contributing to forged signature or alteration of instrument
24.1707 Alteration
24.1708 Drawee not liable on unaccepted draft
24.1709 Acceptance of draft Certified check
24.1710 Acceptance varying draft
24.1711 Refusal to pay cashier’s checks, teller’s checks, and certified checks
24.1712 Obligation of issuer of note or cashier’s check
24.1713 Obligation of acceptor
24.1714 Obligation of drawer
24.1715 Obligation of endorser
24.1716 Transfer warranties
24.1717 Presentment warranties
24.1718 Payment or acceptance by mistake
24.1719 Instruments signed for accommodation
24.1720 Conversion of instrument
24.1721 Collection costs and expenses Liability or issuer of dishonored check
24.1722 Circumstance under which issuer of dishonored check liable reasonable costs and expenses

CHAPTER 24.18 Dishonor
24.1801 Presentment
24.1802 Dishonor
24.1803 Notice of dishonor
24.1804 Excused presentment and notice of dishonor
24.1805 Evidence of dishonor

CHAPTER 24.19 Discharge and Payment
24.1901 Discharge and effect of discharge
24.1902 Payment
24.1903 Tender of payment
24.1904 Discharge by cancellation or renunciation
24.1905 Discharge of endorsers and accommodation parties

CHAPTER 24.20 Bank Deposits and Collections
24.2001 Short title
24.2002 Applicability
24.2003 Variation by agreement; Measure of damages; Certain action constituting ordinary care
24.2004 Definitions; Index of definitions
24.2005 “Bank”; “Depositary bank”; “Payor bank”; “Intermediary bank”; “Collecting bank”; “Presenting bank”
24.2006 Payable through or payable at bank Collecting bank
24.2007 Separate office of a bank
24.2008 Time of receipt of items
24.2009 Delays
24.2010 Electronic presentment
24.2011 Statute of limitations

CHAPTER 24.21 Collection of Items: Depositary and Collecting Banks
24.2101 Status of collecting bank as agent and provisional status of credits; Applicability of article; Item endorsed “pay any bank”
24.2102 Responsibility for collection or return when action timely
24.2103 Effect of Instructions
24.2104 Methods of sending and presenting; Sending directly to payor bank
24.2105 Depositary bank holder of unendorsed item
24.2106 Transfer between banks
24.2107 Transfer warranties
24.2108 Presentment warranties
24.2109 Encoding and retention warranties
24.2110 Security interest of collecting bank in items, accompany documents and proceeds
24.2111 When bank gives value for purposes of holder in due course
24.2112 Presentment by notice of item not payable by, through, or at a bank Liability of drawer or endorser
24.2113 Medium and time of settlement by bank
24.2114 Right of charge-back or refund; Liability of collecting bank; Return of item
24.2115 Final payment of item by payor bank when provisional debits and credits become final when certain credits become available for withdrawal
24.2116 Insolvency and Preference

CHAPTER 24.22 Collection of Items: Payor Banks
24.2201 Deferred posting Recovery of payment by return of items Time of dishonor Return of items by payor bank
24.2202 Payor bank’s responsibility for late return of item
24.2203 When items subject to notice, stop-payment order, legal process, or setoff Order in which items may be charged or certified

CHAPTER 24.23 Relationship Between Payor Bank and Its Customer
24.2301 When bank may charge customer’s account
24.2302 Bank’s liability to customer for wrongful dishonor; Time of determining insufficiency of account
24.2303 Customer’s right to stop payment Burden of proof of loss
24.2304 Bank not obligated to pay check more than six months old
24.2305 Death or incompetence of customer
24.2306 Customer’s duty to discover and report unauthorized signature or alterations
24.2307 Payor bank’s right to subrogation on improper payment

CHAPTER 24.24 Collection of Documentary Drafts
24.2401 Handling of documentary drafts; Duty to send for presentment and to notify customer of dishonor
24.2402 Presentment of “on-arrival” drafts
24.2403 Responsibility of presenting bank for documents and goods; Report of reasons for dishonor; referee in case of need
24.2404 Privilege of presenting bank to deal with goods; Security interest for expenses

CHAPTER 24.25 Funds Transfers
24.2501 Short title
24.2502 Subject matter
24.2503 Definitions; “Payment order”
24.2504 Definitions; “Funds transfer”
24.2505 Other definitions
24.2506 Time payment order is received
24.2507 Federal Reserve regulations and operating circulars
24.2508 Exclusion of consumer transactions governed by federal law

CHAPTER 24.26 Issue and Acceptance of Payment Order
24.2601 Security procedures
24.2602 Authorized and verified payment orders
24.2603 Unenforceability of certain verified payment orders
24.2604 Refund of payment and duty of customer to report with respect to unauthorized payment order
24.2605 Erroneous payment orders
24.2606 Transmission of payment order through funds-transfer or other communication system
24.2607 Misdescription of beneficiary
24.2608 Misdescription of intermediary bank or beneficiary’s bank
24.2609 Acceptance of payment order
24.2610 Rejection of payment order
24.2611 Cancellation and amendment of payment order
24.2612 Liability and duty of receiving bank regarding unaccepted payment order

CHAPTER 24.27 Execution of Sender’s Payment Order by Receiving Bank
24.2701 Execution and execution date
24.2702 Obligation of receiving bank in execution of payable order
24.2703 Erroneous execution of payment order
24.2704 Duty of sender to report erroneously executed payment order
24.2705 Liability for late or improper execution or failure to execute payment order

CHAPTER 24.28 Payment
24.2801 Payment date
24.2802 Obligation of sender to pay receiving bank
24.2803 Payment by sender to receiving bank
24.2804 Obligation of beneficiary’s bank to pay and give notice to beneficiary
24.2805 Payment by beneficiary’s bank to beneficiary
24.2806 Payment by originator to beneficiary – Discharge of underlying obligation

CHAPTER 24.29 Miscellaneous Provisions
24.2901 Variation by agreement and effect of funds-transfer system rule
24.2902 Creditor process served on receiving bank – Set off by beneficiary’s bank
24.2903 Injunction or restraining order with respect to funds transfer
24.2904 Order in which items and payment orders may be charged to account; Order of withdrawals from account
24.2905 Preclusion of objection to debit of customer’s account
24.2906 Rate of Interest

CHAPTER 24.30 Letters of Credit
24.3001 Short title
24.3002 Scope
24.3003 Definitions
24.3004 Formal requirements; Signing
24.3005 Consideration
24.3006 Time and effect of establishment of credit
24.3007 Advice of credit; Confirmation; Error in statement of terms
24.3008 “Notable credit”; Exhaustion of credit
24.3009 Issuer’s obligation to its customer
24.3010 Availability of credit in portions; Presenters reservation of lien or claim
24.3011 Warranties on transfer and presentment
24.3012 Time allowed for honor or rejection; Withholding honor or rejection by consent; “Presenter”
24.3013 Indemnities
24.3014 Issuer’s duty and privilege to honor; Right to reimbursement
24.3015 Remedy for improper dishonor or anticipatory repudiation
24.3016 Transfer and assignment
24.3017 Insolvency of bank holding funds for documentary credit

CHAPTER 24.31 Reserved

CHAPTER 24.32 Warehouse Receipts, Bills of Lading and Other Documents of Title
24.3201 Short title
24.3202 Definitions; Index of definitions
24.3203 Relation of article to treaty, statute, tariff, classification or regulation
24.3204 Negotiable and nonnegotiable warehouse receipt, bill of lading or other document of title
24.3205 Construction against negative implication

CHAPTER 24.33 Warehouse Receipts; Special Provisions
24.3301 Who may issue a warehouse receipt; Storage under government bond
24.3302 Form of warehouse receipt; Essential terms; Optional terms
24.3303 Liability for nonreceipt or misdescription
24.3304 Duty of care; Contractual limitation of warehouseman’s liability
24.3305 Title under warehouse receipt defeated in certain cases
24.3306 Termination of storage at warehouseman’s options
24.3307 Goods must be kept separate; Fungible goods
24.3308 Altered warehouse receipts
24.3309 Lien of warehouseman
24.3310 Enforcement of warehouseman’s liens

CHAPTER 24.34 Bills of Lading: Special Provisions
24.3401 Liability for nonreceipt or misdescription; “Said to contain”; “Shipper’s load and count”; Improper handling
24.3402 Through bills of lading and similar documents
24.3403 Diversion; Reconsignment; Change of instructions
24.3404 Bills of lading in a set
24.3405 Destination bills
24.3406 Altered bills of lading
24.3407 Lien of carrier
24.3408 Enforcement of carrier’s lien

CHAPTER 24.35 Warehouse Receipts and Bills of Lading: General Obligations
24.3501 Irregularities in issue of receipt or bill or conduct of issuer
24.3502 Duplicate receipt or bill; Over issue
24.3503 Obligation of warehouseman or carrier to deliver; Excuse
24.3504 No liability for good faith delivery pursuant to receipt or bill

CHAPTER 24.36 Warehouse Receipts and Bills of Lading: Negotiation of Transfer
24.3601 Form of negotiation and requirements of “due negotiation”
24.3602 Rights acquired by due negotiation
24.3603 Document of title to goods defeated in certain cases
24.3604 Rights acquired in the absence of due negotiation; Effect of diversion; Seller’s stoppage of delivery
24.3605 Endorser not a guarantor for other parties
24.3606 Delivery without endorsement – Right to compel endorsement
24.3607 Warranties on negotiations or transfer of receipt or bill
24.3608 Warranties of collecting bank as to documents
24.3609 Receipt or bill – When adequate compliance with commercial contract

CHAPTER 24.37 Warehouse Receipts and Bills of Lading: Miscellaneous Provisions
24.3701 Lost or missing documents
24.3702 Attachment of goods covered by a negotiable document
24.3703 Conflicting claims; Interpleader

CHAPTER 24.38 Investment Securities
24.3801 Short title
24.3802 Definitions; Index of definitions
24.3803 Issuer’s lien
24.3804 Effect of over issue; “Over issue”
24.3805 Certificated securities negotiable; Statements and instructions not negotiable; Presumptions
24.3806 Applicability
24.3807 Securities transferable; Auction for price
24.3808 Registration of pledge and release of uncertificated securities

CHAPTER 24.39 Issue; Issuer
24.3901 “Issuer”
24.3902 Issuer’s responsibility and defenses – Notice of defect or defense
24.3903 Staleness as notice of defects or defenses
24.3904 A staleness as notice of defects or defenses
24.3905 Effect of issuer’s restrictions on transfer
24.3906 Effect of unauthorized signature on certified security or initial transaction statement
24.3907 Completion or alteration of certificated security or initial transaction statement
24.3908 Rights and duties of issuer with respect to registered owners and registered pledges
24.3909 Effect of signature of authenticating trustee, registrar or transfer agent

CHAPTER 24.40 Transfer
24.4001 Rights acquired by purchaser
24.4002 “Bona fide purchaser”; “Adverse claim”; Title acquired by bona fide purchaser
24.4003 “Broker”
24.4004 Notice to purchaser of adverse claims
24.4005 Staleness as notice of adverse claims
24.4006 Warranties on presentment and transfer of certificated securities; Warranties of originators of instructions
24.4007 Effect of delivery without endorsement – Right to compel endorsement
24.4008 Endorsements; Instructions
24.4009 Effect of endorsement without delivery
24.4010 Endorsement of certificated security in bearer form
24.4011 Effect of unauthorized endorsement or instruction
24.4012 Effect of guaranteeing signature, endorsement or instruction
24.4013 When transfer to purchaser occurs; Financial intermediary as bona fide purchaser “Financial intermediary”
24.4014 Duty to transfer; When completed
24.4015 Action against transferee based upon wrongful transfer
24.4016 Purchaser’s rights to requisites for registration of transfer, pledge or release on books
24.4017 Creditor’s rights
24.4018 No conversion by good faith conduct
24.4019 Statute of frauds
24.4020 Transfer or pledge within central depository system
24.4021 List of depositors with clearing corporation furnished to issuer on request; Fee
24.4022 Enforceability, attachment, perfection and termination of security interests

CHAPTER 24.41 Registration
24.4101 Duty of issuer to register transfer, pledge, or release
24.4102 Assurance that endorsements and instructions are effective
24.4103 Issuer’s duty as to adverse claims
24.4104 Liability and non-liability for registration
24.4105 Lost, destroyed, and stolen certificated securities
24.4106 Duty of authenticating trustee, transfer agent or registrar
24.4107 Exchangeability of securities
24.4108 Statements of uncertificated securities

CHAPTER 24.42 Secured Transactions
24.4201 Short title
24.4202 Policy and scope of article
24.4203 Perfection of security interest in multiple state transactions
24.4204 Transactions excluded from article
24.4205 Definitions; Index of definitions
24.4206 Definitions; “Account”; “General intangibles”
24.4207 Definitions; “Purchase money security interest”
24.4208 When after-acquired collateral not security for antecedent debt
24.4209 Classification of goods; “Consumer goods”; “Equipment”; “Farm products”; “Inventory”
24.4210 Sufficiency of description
24.4211 Section reserved
24.4212 Where collateral is not owned by debtor
24.4213 Security interests arising under articles on sales and leases
24.4214 Consignment

CHAPTER 24.43 Validity of Security Agreement and Rights of Parties
24.4301 General validity of security agreement
24.4302 Title to collateral immaterial                                                                                           
24.4303 Attachment and enforceability of security interest; Proceeds; Formal requisites
24.4304 After-acquired property; Future advances
24.4305 Use or disposition of collateral without accounting permissible
24.4306 Agreement not to assert defenses against assignee; Modification of sales warranties where security agreement exists
24.4307 Rights and duties when collateral is in secured party’s possession
24.4308 Request for statement of account or list of collateral

CHAPTER 24.44 Rights of Third Parties; Perfected and Unperfected Security Interests; Rules of Priority
24.4401 Persons who take priority over unperfected security interests; “Lien creditor”
24.4402 When filing is required to perfect security interest; Security interests to which filing provisions of this article do not apply
24.4403 When security interest is perfected; Continuity of Perfection
24.4404 Perfection of security interest in instruments, documents, and goods covered by documents; Perfection by permissive filing; Temporary perfection without filing or transfer of possession
24.4405 When possession by secured party perfects security interest without filing
24.4406 “Proceeds”; Secured party’s rights on disposition of collateral
24.4407 Protection of buyers of goods
24.4408 Purchase of chattel paper and instruments
24.4409 Protection of purchasers of instruments, documents and securities
24.4410 Priority of certain liens arising by operation of law
24.4411 Alienability of debtor’s rights; Judicial process
24.4412 Priorities among conflicting security interests in the same collateral
24.4413 Priority of security interests in fixtures
24.4414 Accessions
24.4415 Priority when goods are commingled or processed
24.4416 Priority subject to subordination
24.4417 Secured party not obligated on contract of debtor
24.4418 Defenses against assignee; Modification of contract after notification of assignment; Term prohibiting assignment ineffective; Identification and proof of assignment

CHAPTER 24.45 Filing
24.4501 Place of filing; Erroneous filing; Removal of collateral
24.4502 Section reserved
24.4503 What constitutes filing; Duration of filing; Effect of lapsed filing; Duties or filing officer; Filing fee; Centralized computer system
24.4504 Termination statement
24.4505 Assignment of security interest; Duties of filing officer; Fees
24.4506 Release of collateral; Duties of filing officer; Fees
24.4507 Reserved
24.4508 Financing statements covering consignment or leased goods

CHAPTER 24.46 Default
24.4601 Financing statements covering consigned or leased goods
24.4602 Collection rights of secured party
24.4603 Secured party’s right to take possession after default
24.4604 Secured party’s right to dispose of collateral after default; Effect of disposition
24.4605 Compulsory disposition of collateral; Acceptance of the collateral as discharge of obligation
24.4606 Debtor’s right to redeem collateral
24.4607 Secured party’s liability for failure to comply with this part

Title 25 – Gaming Code
CHAPTER 25.01 Gaming Commission
25.0101 Gaming commission
25.0102 No waiver of immunity
25.0103 Bonding
25.0104 Conflict of interest
25.0105 Removal of commissioners
25.0106 Vacancies
25.0107 Meetings
25.0108 Quorum
25.0109 Compensation
25.0110 Reports
25.0111 Funding
25.0112 Financial records and audit
25.0113 Confidential records
25.0114 Indemnity
25.0115 Commission staffing
25.0116 Commission's powers and duties
25.0117 Specific authority with respect to licenses; Enforcement powers
25.0118 Hours and rules
25.0119 Minors prohibited
25.0120 Complaints
25.0121 Violations
25.0122 Jurisdiction
25.0123 Authority to adopt; Amend; Repeal; Regulations
25.0124 Amendments

CHAPTER 25.02 Class II Gaming
25.0201 Purpose
25.0202 Gaming authorized                      
25.0203 Ownership of gaming
25.0204 Use of gaming revenue
25.0205 Gaming operations audit
25.0206 Protection of the environment and public health and safety
25.0207 Licenses for key employees and primary management officials
25.0208 License locations
25.0209 Conduct of Class II games of chance
25.0310 Repeal

CHAPTER 25.03 Class III (Casino-Type) Gaming
25.0301 Purpose
25.0302 Incorporation of Tribal-State compact: Games authorized
25.0303 Ownership of gaming
25.0304 Use of gaming revenue
25.0305 Applicability of Sections in Chapter 2 of this Title
25.0306 Additional compact requirements for Class III employment licenses
25.0307 Conduct of Class III games of chance
25.0308 Compliance with terms of Tribal-State gaming compact
25.0309 Authorized games

Title 26 – Offenses and Penalties
CHAPTER 26.01 General Purposes
26.0101 The general purposes

CHAPTER 26.02 Proof and Presumptions
26.0201 An accursed is presumed innocent until proven guilty

CHAPTER 26.03 General Definitions
26.0301 Definitions

CHAPTER 26.04 Requirements of Culpability
26.0401 Purposes of engagement

CHAPTER 26.05 Justification, Excuse, Defenses
26.0501 Ignorance of law
26.0502 Mistake of law
26.0503 Insanity or mentally incapacity as a defense
26.0504 Intoxication
26.0505 Juvenile prosecution
26.0506 Self Defense
26.0507 Defense of others
26.0508 Justification
26.0509 Duress
26.0510 Entrapment

CHAPTER 26.06 Sentence and Penalties and Classification of Offenses
26.0601 Classification of offenses
26.0602 Penalty for repeated offenses
26.0603 Allowance for time served
26.0604 Restitution and payment of costs of prosecution
26.0605 Alternative sentences
26.0606 Reasons for sentence to be explained
26.0607 Fee assessments for funding crime victim programs

CHAPTER 26.07 Parole, Probation, Pardon
26.0701 Eligibility of parole
26.0702 Granting parole
26.0703 Violation of parole
26.0704 Conditions of probation
26.0705 Violations of conditions of probation
26.0706 Pardon board definitions
26.0707 Standards for pardon board
26.0708 Pardon review board policies and procedures
26.0709 Pardon application form

CHAPTER 26.08 Prevention of Crime
26.0801 Lawful resistance by private persons
26.0802 Private individuals, justification of actions
26.0803 Preserving the peace at public gatherings

CHAPTER 26.09 Attempt and Accomplice
26.0901 Attempt
26.0902 Withdrawal
26.0903 Penalty for attempt
26.0904 Accomplices

CHAPTER 26.10 Homicide
26.1001 Murder
26.1002 Manslaughter
26.1003 Negligent homicide

CHAPTER 26.11 Offenses Against Turtle Mountain Band of Chippewa Indians or Any Agency, Organization Thereof
26.1101 Conspiracy
26.1102 Contempt of court
26.1103 Contributing to the delinquency of a juvenile
26.1104 Cruelty to Animals
26.1105 Disturbing lawful meeting
26.1106 Election tampering
26.1107 Escape
26.1108 Failure to support dependent persons and abandonment
26.1109 Failure to send children to school
26.1110 False arrest
26.1111 Forgery
26.1112 Injury to public peace
26.1113 Killing of animal and leave it lay
26.1114 Littering
26.1115 Malicious prosecution
26.1116 Operating a Dance Hall for public social dances and other activities
26.1117 Perjury
26.1118 Protection of Law Enforcement Officials of the Turtle Mountain jurisdiction
26.1119 Protection of Tribal officials and employees of the Turtle Mountain Band of Chippewa Indians
26.1120 Refusing to aid officer
26.1121 Resisting lawful arrest
26.1122 Unlawful assembly
26.1123 Party line refusal to surrender; Emergency
26.1124 Zero alcohol tolerance
26.1125 Regulation on the sale and use of tobacco products by minors
26.1126 Curfews-Definitions; Restrictions; Exceptions and enforcements
26.1127 Noise-definitions, restrictions, exceptions and enforcement
26.1128 Noisy party or gathering prohibited
26.1129 Order to disperse; Refusal prohibited
26.1130 Tenant or owner; Cooperation required
26.1131 Violations; Prima facie evidence
26.1132 Sentence and Penalties and Classification of Offenses

CHAPTER 26.12 Sexual Offenses
26.1201 General provision
26.1202 Definitions
26.1203 Bigamy
26.1204 Giving venereal disease to another
26.1205 Gross sexual imposition
26.1206 HIV and/or Aids
26.1207 Incest
26.1208 Indecent exposure
26.1209 Prostitution
26.1210 Facilitation of sexual favors
26.1211 Sexual act with an incapacitated person
26.1212 Prostitution of a child
26.1213 Sexual abuse of a minor
26.1214 Child pornography

CHAPTER 26.13 Public Violence
26.1300 Prohibiting Fighting
26.1301 Abduction
26.1302 Abduction by parent
26.1303 Kidnapping
26.1304 Assault
26.1305 Assault and battery
26.1306 Assault resulting in serious bodily injury or with a dangerous weapon
26.1307 Disorderly conduct
26.1308 Failure to disperse
26.1309 Reckless Endangerment
26.1310 Riots
26.1311 Threat or intimidation
26.1312 Restraining Order
26.1313 Reckless Endangerment
26.1314 Harassment
26.1315 Menacing
26.1316 Terrorizing
26.1317 Stalking
26.1318 Abandonment of a child
26.1319 Failure to protect a child
26.1320 Restraining Order

CHAPTER 26.14 Profitable Crimes
26.1401 Bribery
26.1402 Burglary
26.1403 Disposing of property of an estate
26.1404 Drawing or uttering instrument on bank without funds or credit
26.1405 Embezzlement
26.1406 Extortion
26.1407 Fraud
26.1408 Misbranding
26.1409 Operation of motor vehicle without consent of owner
26.1410 Robbery
26.1411 Dealing in Stolen Property
26.1412 Shoplifting
26.1413 Theft
26.1414 Theft of television services

CHAPTER 26.15 Destruction of Public and Private Property
26.1501 Cutting green timber without a permit
26.1502 Damage to Public Property
26.1503 Malicious Mischief
26.1504 Maintaining a Public Nuisance

CHAPTER 26.16Trespassing
26.1601 Forcible entry or detainer of lands, buildings or other possessions
26.1602 Trespass
26.1603 Trespass at lakes

CHAPTER 26.17 Drug and Alcohol Related Crimes
26.1701 Marijuana
26.1702 Unlawful sale of marijuana
26.1703 Unlawful possession of marijuana
26.1704 Unlawful delivery of marijuana
26.1705 Narcotics and dangerous drugs
26.1706 Unlawful sale of controlled substances
26.1707 Unlawful possession of controlled substances
26.1708 Unlawful administration of a controlled substance
26.1709 Unlawful manufacture of controlled substances
26.1710 Unlawful transportation of a controlled substance
26.1711 Unlawful possession of drug paraphernalia
26.1712 Child endangered by prohibited drug activity
26.1713 Endangering an unborn fetus
26.1714 Counterfeit substance
26.1715 Prescription drug
26.1716 Misuse of prescription drug
26.1717 Regulating the sale of alcohol beverages

CHAPTER 26.18 Unlawful Possession or Use of Weapon
26.1800 General penalty
26.1801 General definitions
26.1802 Persons prohibited from possessing firearms
26.1803 Sale of handgun regulated
26.1804 Possession or sale of short-barrel rifle or shotgun
26.1805 Possession of firearm or dangerous weapon in liquor establishment or gambling site
26.1806 Possession of firearm at a public gathering
26.1807 Discharge of firearm within five hundred (500) yards of an occupied structure
26.1808 Use of firearm by certain minors prohibited
26.1809 Illegal firearm ammunition or explosive materials business
26.1810 Carrying loaded firearm in vehicle
26.1811 Possessing explosive prohibited
26.1812 Forfeiture of dangerous weapon or firearm by person arrested and convicted of crime
26.1813 Prohibited alterations in weapons
26.1814 Carrying handgun; Restrictions; Exceptions
26.1815 Copy of federal license submitted to law enforcement officials
26.1816 False information prohibited
26.1817 Definition of concealed
26.1818 Carrying concealed firearms or dangerous weapons prohibited
26.1819 License to carry a firearm or dangerous weapon concealed
26.1820 Producing license on demand
26.1821 General penalty

CHAPTER 26.19 Fires, Regulation and Penalties
26.1901 Setting fires
26.1902 Testifying falsely at Investigation of fire
26.1903 Misconduct at fires
26.1904 False alarm
26.1905 Arson
26.1906 Endangering by fire or explosion
26.1907 Failure to control or report a dangerous fire
26.1908 Negligent act resulting in fire
26.1909 Fireworks Regulations
26.1910 Burning permits
26.1911 Financial responsibility

Title 27 – Lease Mortgage of Tribal Trust Land
CHAPTER 27.01 General Purpose Statement
27.0101 Purpose

CHAPTER 27.02 Definitions
27.0201 Definitions

CHAPTER 27.03 Priority
27.0301 Priority

CHAPTER 27.04 Recording
27.0401 Recording

CHAPTER 27.05 Leasehold Mortgage Foreclosure Proceedings
27.0501 Leasehold Mortgage Foreclosure Proceedings
27.0502 Service of Process and Procedures
27.0503 Cure of Default by Subordinate Lienholder
27.0504 Power of the Tribal Court
27.0505 Injunction to Restrain Injury to Property

CHAPTER 27.06 Leasehold Mortgage Eviction Procedures
27.0601 Jurisdiction
27.0602 Unlawful Detainer
27.0603 Procedures for Service of Notice
27.0604 Complaint and Summons
27.0605 Service of Summons and Complaint
27.0606 Power of the Tribal Court
27.0607 Enforcement
27.0608 Continuances in Cases Involving the Mortgagee
27.0609 Alternative Remedies

CHAPTER 27.07 Limited Waiver of Immunity

Title 28 – Trenton Indian Service Area (TISA)
ARTICLE I Structure and Composition of the Trenton Indian Service Area Board of Directors
28.0001 Definitions
28.0002 Organization
28.0003 Elections
28.0004 Powers

CHAPTER 1 Eligible Voters
28.0101 Eligibility of voter

CHAPTER 2 Elections
28.0201 All elections shall be secret ballot and a majority vote shall rule
28.0202 Election Board
28.0203 Notice shall be posted
28.0204 Duties of the election board
28.0205 Polling Places
28.0206 Conduct of Elections
28.0207 Conduct of election officials
28.0208 Ballots
28.0209 Watcher
28.0210 Challenges
28.0211 Campaigning
28.0212 Loitering
28.0213 Alcohol and drugs
28.0214 Sergeant at Arms
28.0215 Contest of election
28.0216 Run-off election
28.0217 Intent and Purpose of this Code
28.0218 Saver Clause

Title 29 – Corporations
CHAPTER 29.01 Tribal Entities
29.0101 Scope
29.0102 Purpose and construction
29.0103 Definitions
29.0104 Status of tribal entity
29.0105 Preexisting tribal entities
29.0106 Sovereign immunity waiver
29.0107 Assets of a tribal entity

CHAPTER 29.02 Creation and Regulation of a Tribal Entity
29.0201 Tribal entity charter
29.0202 Delegation of essential governmental functions to tribal entities
29.0203 Liability of members of governing body of tribal entities
29.0204 Disposition of assets
29.0205 Amendment of tribal entity charter

Title 30 – Water Code
CHAPTER 30.01 General Provisions
30.0101 Short title
30.0102 Findings
30.0103 Declaration of policies
30.0104 Definitions

CHAPTER 30.02 Establishment of Water Management Organization; Tribal Water Management Board and Tribal Water Administrator
30.0201 Administration by tribal water resources board
30.0202 Establishment of office of tribal water administrator

CHAPTER 30.03 Water Management
30.0301 Water management purpose
30.0302 Comprehensive water management plan
30.0303 Water supply management
30.0304 Water quality management and protection
30.0305 Specific uses of water; Management practices

CHAPTER 30.04 Permit System
30.0401 Permit or license required
30.0402 Exceptions to the permit requirement
30.0403 Application for Permits; Information required
30.0404 Application not required for protected uses; Inventory thereof
30.0405 Applications for licenses; Information required
30.0406 Applications; Procedures
30.0407 Hearings

CHAPTER 30.05 Enforcement
30.0501 Prohibited acts; Penalties

CHAPTER 6 Hearings and Appeals
30.0601 Review of decisions of TWA and the board
30.0602 Review of initial permit or license decisions of the board
30.0603 Training
30.0604 TVA designation as expert witness

CHAPTER 30.07 Relinquishment of Tribal Water Rights; Sole Method of Acquisition
30.0701 Voluntary relinquishment of claims or rights
30.0702 No loss-by adverse possession, prescription, estoppel or acquiescence; Non-transferability

CHAPTER 30.08 Miscellaneous Provisions
30.0801 Funding
30.0802 Limited waiver of sovereign immunity
30.0803 Records of the TWA of the board
30.0804 Severability
30.0805 Effective date

Title 31 – Zoning of Shorelands
CHAPTER 31.01 Definitions
31.0101 Definitions as used in this ordinance

CHAPTER 31.02 Purpose
31.0201 Purpose

CHAPTER 31.03 Tribal Zoning Agency
31.0301 Establishment of a planning and zoning committee
31.0302 Appoint of planning and zoning committee members
31.0303 Election of committee chairperson
31.0304 Powers and duties of Tribal Zoning Agency
31.0305 Rules and regulations of Tribal Zoning Agency
31.0306 Financial authority of Tribal Zoning Agency                 

CHAPTER 31.04 Tribal Zoning Agency Authority
31.0401 Tribal Zoning Agency authority
31.0402 Public Hearings
31.0403 Amendments to shoreline Zoning

CHAPTER 31.05 Shorelands Preservation Plan
31.0501 Shoreland development plan
31.0502 Development plan contents
31.0503 Identifying goals and objectives of plan
31.0504 Format of development plan
31.0505 Public hearing required prior to approval

CHAPTER 31.06 Extent of Authority
31.0601 Establishment of zoning districts
31.0602 Powers granted shall be in ordinance form

CHAPTER 31.07 Formation of Zoning Ordinances
31.0701 Public hearing follow-up
31.0702 Procedure of review or ordinance
31.0703 Repeal of ordinances
31.0704 Procedures for amendments

CHAPTER 31.08 Zoning Variances
31.0801 Application for variance
31.0802 Procedures for variance review
31.0803 Requirements of a variation

CHAPTER 31.09 Nonconforming Uses
31.0901 Nonconforming use unlawful

CHAPTER 31.10 Procedure for Enforcement of Shoreland Zoning Ordinance
31.1001 Rules, regulations and administrative procedures established by Tribal Council
31.1002 Enforcement of ordinances

Title 32 – Tribal Employment Rights Ordinance (TERO)
CHAPTER 32.01 General Provisions and Purpose
32.0101 Name
32.0102 Findings

CHAPTER 32.02 Definitions
32.0201 Definitions

CHAPTER 32.03 Turtle Mountain Chippewa Tribal Employment Rights Commission
32.0301 Appointment
32.0302 Term of office
32.0303 Removal from office
32.0304 Vacancy and interim appointment
32.0305 Chairman
32.0306 Duties of commission
32.0307 Powers of commission

CHAPTER 32.04 Turtle Mountain Chippewa Tribal Employment Rights Program
32.0401 Coverage
32.0402 Contractors, subcontractors, and minority businesses
32.0403 Minimum numerical goals and timetables for Indian Employment
32.0404 Training
32.0405 Qualified and personnel requirements
32.0406 Tribal hiring hall
32.0407 Counseling and support programs
32.0408 Preference in contracting and subcontracting
32.0409 Lay-offs
32.0410 Promotion
32.0411 Summer students  

CHAPTER 32.05 Fee Assessment
32.0500 Fee assessment
32.0501 Contractors, subcontractors and minority businesses
32.0502 Accounting
32.0503 Tribal business license

CHAPTER 32.06 Compliance by Unions
32.0600 Notice
32.0601 Contents of union agreements
32.0602 Model union agreement
32.0603 Recognition of unions
32.0604 No waiver of sovereign immunity

CHAPTER 32.07 Complaints and Hearings
32.0701 Notice
32.0702 Commission complaint and procedure
32.0703 Individual complaint procedure
32.0704 Employer or union complaint procedure
32.0705 Hearing procedure

CHAPTER 32.08 Penalties for Violation
32.0801 Penalties for violation

CHAPTER 32.09 Appeals
32.0901 Appeals

CHAPTER 32.10 Tribal Training Program
32.1001 Tribal training program

CHAPTER 32.11 Publication of Ordinance
32.1101 Publication of ordinance

CHAPTER 32.12 Compliance Plan
32.1201 Compliance plan

CHAPTER 32.13 Reporting and On-Site Inspection
32.1301 Reporting and on-site inspection

CHAPTER 32.14 Tribal Minimum Wage Scale; Revised July 3, 2001:

CHAPTER 32.15 Severability
32.1501 Severability

CHAPTER 32.16 Relation to Federal Indian Preference Requirements
32.1601 Relation to Federal Indian Preference Requirements

CHAPTER 32.17 Special TERO Rules for Large Tribal Construction Projects
32.1701 Special TERO rules for large Tribal construction projects

CHAPTER 32.18 Effective Date
32.1801 Effective date

Title 33 – Motor Vehicle Registration and Title Ordinance
CHAPTER 33.01 Establishment of Division of Motor Vehicles; Findings and purpose
33.0101 Authority; Establishment of Division of Motor Vehicles
33.0102 Legislative Findings
33.0103 Purpose
33.0104 Director of Motor Vehicles
33.0105 Rules and Regulations

CHAPTER 33.02 General
33.0201 Definitions
33.0202 Use of highways; Privilege
33.0203 Consent to jurisdiction
33.0204 Statute of limitations
33.0205 Enforcement officers to report accidents
33.0206 Fines not otherwise prescribed

CHAPTER 33.03 Registration
33.0301 Vehicle registration required; Exemption
33.0302 Application for registration
33.0303 Grounds for refusing registration
33.0304 Contents, issuance and display of certificate of registration; Issuance of duplicate certificate
33.0305 Design, procurement and issuance of registration plates
33.0306 Display of registration plates
33.0307 Issuance of duplicate plates
33.0308 Annual vehicle registration fee
33.0309 Nonresident exemption
33.0310 Fraudulent application for registration or license
33.0311 Improper use of evidence of registration
33.0312 False evidence of registration
33.0313 Registration suspended
33.0314 Fine for operating unregistered or improperly registered vehicle

CHAPTER 33.04 Certificate of Title
33.0401 When certificate of title is required
33.0402 Application for certificate of title
33.0403 Maintenance of records
33.0404 Contents of certificate of title
33.0405 Grounds for refusing issuance of a certificate of a title
33.0406 Lost, stolen or mutilated certificates
33.0407 Fees
33.0408 Suspension or revocation of certificate
33.0409 Fine for operating vehicle without certificate of title or with improper certificate of title

CHAPTER 33.05 Transfer of Title
33.0501 Transfer of interest in a vehicle
33.0502 When director to issue a new certificate
33.0503 Perfection of security interests
33.0504 Duties on creation of security interests
33.0505 Assignment of security interest
33.0506 Release of security interest
33.0507 Method of perfecting exclusive

CHAPTER 33.06 Decisions of Director; Appeals; Judicial Review
33.0601 Notice required; Content
33.0602 Appeal from decision of director
33.0603 Right of judicial review
33.0604 Actions reviewable
33.0605 Relief pending review
33.0606 Scope of review
33.0607 Appeals to the Court of Appeals

CHAPTER 33.07 Reciprocal Powers, Agreements and Plans
33.0701 Reciprocity powers

CHAPTER 33.08 Enforcement
33.0801 Purpose
33.0802 Jurisdiction of tribal court
33.0803 Civil Action
33.0804 Cumulative Fines

CHAPTER 33.09 Inconsistent Laws and Ordinances; Effective Date
33.0901 Inconsistent laws and ordinances
33.0902 Effective date

Title 34 – Tribal Bond
CHAPTER 34.01 Definitions
34.0101 Definitions
34.0102 Provisions not applicable to certain issues
34.0103 Irregularities do not vitiate bonds
34.0104 Grand of power to borrow
34.0105 Purposes and specific limitations of bond issues
34.0106 Election required; Exceptions
34.0107 Maximum interest rate, maturity, and denominations
34.0108 Initial resolution; Form
34.0109 Initial resolution; How adopted
34.0110 Bonds issues without an election
34.0111 Direct, annual, non-repealable tax or assessment
34.0112 Authority to borrow and issue bonds; When complete
34.0113 Record of proceedings
34.0114 Form and contents of bonds
34.0115 Bonds; Terms
34.0116 Interest; Ceases at maturity unless presented for payment
34.0117 Execution of bonds
34.0118 Tribal Attorney to give opinion on legal sufficiency of investments
34.0119 Recording of bonds
34.0120 Bond record
34.0121 Bonds; Advertised for bids; Exception
34.0122 Bonds; Call for bids; How advertised; Copy to Council
34.0123 Bids; Where received; Record
34.0124 Sealed bids
34.0125 Bids; Accompanied by draft; Sale to best bidder; Rejection of all bids
34.0126 Unlawful for official to accept compensation from bidder
34.0127 Tribal Bonds; Private sale to United States or state Agencies
34.0128 Registration of ownership of bonds; How made
34.0129 Effect of registration
34.0130 Appointment of fiscal agents
34.0131 Bond proceeds; Kept in separate fund; Protection of purchaser
34.0132 Sinking funds; Custodian
34.0133 Sinking funds; Duty of fiscal officer
34.0134 Sinking funds; Sources and uses
34.0135 Limitation of action

Title 35 – Fish and Game
CHAPTER 35.01 General Provisions and Definitions
35.0101 Statements of tribal policy and legislative intent
35.0102 Severability
35.0103 Definitions

CHAPTER 35.02 Authority of the Game and Fish Department
35.0201 General powers of the game and fish department
35.0202 Department publications
35.0203 Director; Appointment
35.0204 Powers and duties of the director

CHAPTER 35.03 Permits
35.0301 Permits; Requirements
35.0302 Permit agreement form
35.0303 Permit dealers; Bond
35.0304 Guides
35.0305 Special licenses and permits
35.0306 Taxidermy
35.0307 Importation of animals

CHAPTER 35.04 Recreational Activities
35.0401 Non-member recreation permits required
35.0402 Regulation of motorized vehicles
35.0403 Fishing
35.0404 Camping
35.0405 Picnicking
35.0406 Hiking
34.0407 Watercraft
35.0408 Other recreational activities
35.0409 Prohibited activities; Property
35.0410 Prohibited activities; Occupation and use
35.0411 Prohibited activities; Sanitation

CHAPTER 35.05 Taking and Handling Wildlife
35.0501 Taking and handling of wildlife allowed only as permitted by Code
35.0502 Non-member spouses of Tribal members
35.0503 Possession of animal parts
35.0504 Transporting and process legally taken game
35.0505 Areas closed to hunting and fishing
35.0506 Fishing
35.0507 Hunting big game
35.0508 Hunting small game
35.0509 Trapping
35.0510 Accidental trapping
35.0511 Waterfowl hunting
35.0512 Property damage by wildlife; Investigation by department
35.0513 Property damaged by wildlife; Investigation by department
35.0514 Hazardous or nuisance animals in campgrounds, etc.; Report; Abatement plan; Protection of persons
35.0515 Injured animals; Taking by authorized personnel; Disposition; Display
35.0516 Prohibited devices
35.0517 Prohibited activities: Taking wildlife
35.0518 Prohibited activities: Fishing
35.0519 Prohibited activities: Hunting

CHAPTER 35.06 Enforcement & Penalties
35.0601 Jurisdiction
35.0602 Notice
35.0603 Civil complaints
35.0604 Procedure
35.0605 Federal prosecution
35.0606 Criminal sanctions
35.0607 Criminal attempt
35.0608 Criminal solicitation
35.0609 Criminal conspiracy
35.0610 Warrants, subpoenas and service of process
35.0611 Searches and seizures
35.0612 Apprehension of suspected violators
35.0613 Complaints
35.0614 Initial appearance
35.0615 Field bond
35.0616 Bond notice procedures
35.0617 Cash bond trust fund
35.0618 Bond property storage
35.0619 Revocation and denial of right to obtain permit; Notice
35.0620 Trespassing; Expulsion of non-members
35.0621 Contempt
35.0622 Liquidated damages provisions
35.0623 Liquidated damages provisions
35.0624 Punitive damages
35.0625 Costs
35.0626 Seizure of prohibited devices
35.0627 Disposal of prohibited devices
35.0628 Disposition of fees, Forfeitures, Penalties
35.0629 Disposition of seized wildlife and Property

Title 36 – Elder Abuse Code
CHAPTER 36.01 Purpose
36.0101 Purpose
36.0102 Definitions
36.0103 Elder Protection Team
36.0104 Reports
36.0105 Content of report
36.0106 Confidentiality
36.0107 Immunity
36.0108 Penalty
36.0109 Arrest provision
36.0110 Role of the court in regard to arrest provision
36.0111 Order for protection
36.0112 Hearing on application; Notice
36.0113 Relief by the court
36.0114 Reimbursement
36.0115 Order for protection
36.0116 Service for order for protection
36.0117 Assistance of public safety in service or execution
36.0118 Violation of an order for protection
36.0119 Severability

Title 37 – Domestic Violence
CHAPTER 37.01 General Provisions
37.0100 Policy and purpose
37.0101 Authority of the Tribe to regulate domestic violence within its jurisdictional territory
37.0102 Definitions
37.0103 Severability clause
37.0104 Immunity

CHAPTER 37.02 Domestic Violence Crimes
37.0200 Crimes involving “Domestic Violence”
37.0201 Stalking
37.0202 Violations of civil protection orders
37.0203 Disclosure of domestic violence shelters
37.0204 Protection for advocates
37.0205 Voluntary intoxication as defense or mitigating circumstance prohibited
37.0206 Juveniles

CHAPTER 37.03 Criminal and Civil Penalties; Other Sanctions
37.0300 Criminal penalties
37.0301 Civil penalties
37.0302 Other conditions in addition to penalties
37.0303 Pre-sentencing evaluation
37.0304 Court ordered treatment and counseling
37.0305 Special court rules
37.0306 Child custody and visitation
37.0307 Religious consideration
37.0308 Mandatory cooling off period

CHAPTER 37.04 Duties of Tribal Officials
37.0400 Duties of police officers
37.0401 Duties of the tribal prosecutor
37.0402 Duties of the tribal court
37.0403 Mandatory training

CHAPTER 37.05 Civil Protection Orders
37.0500 Jurisdiction for civil protection orders
37.0501 Change of judge for civil protection orders
37.0502 Availability of civil protection orders
37.0503 Procedures for filing civil petitions for protection orders
37.0504 Procedures for issuance of temporary and permanent protection orders
37.0505 Contents of a protection order in general
37.0506 Duration and amendments to permanent Protection orders in general
37.0507 Temporary emergency ex parte protection orders
37.0508 False allegations of domestic violence; Effect
37.0509 Foreign domestic violence protection orders; Full faith and credit recognition and enforcement
37.0510 Tribal registry for protection orders

CHAPTER 37.06 Domestic Violence Leave Act
37.0600 Policy and purpose
37.0601 Discharges for absence of employment due to domestic violence prohibited
37.0602 Penalty for violation

Title 38 – Civil Traffic Offenses and Penalties
CHAPTER 38.01 Introduction
38.0100 Introduction
38.0101 Display of registration plates
38.0102 Driving without a license
38.0103 Permitting an unauthorized minor to drive
38.0104 Driving without required registration or with vehicle in unsafe condition
38.0105 Starting, turning and stopping without regard to safety
38.0106 Speeding
38.0107 Radar evidence in speed violations
38.0108 Careless driving, care required, and due care
38.0109 Garages to report
38.0110 Failure to drive on right side of roadway
38.0111 Following too closely
38.0112 Overtaking a vehicle without regard to safety
38.0113 Failure to stop for school bus flashing lights
38.0114 Failure to give right of way
38.0115 Stopping, standing or parking on a highway
38.0116 Coasting
38.0117 Obstruction to driver's view or driving mechanism
38.0118 Driving without Liability Insurance Prohibited
38.0119 Riding on fenders, bumpers or running boards
38.0120 Pedestrians on roadways without regard for safety
38.0121 Garbage, glass, etc. on highways
38.0122 Open bottle in vehicle
38.0123 Driving in violation of an order of the court
38.0124 Duties in the event of an accident
38.0125 Law officers to report accidents
38.0126 Crash helmets required for operators of and passengers on motorcycles
38.0127 Number of riders on motorcycles limited
38.0128 When lighted lamps are required
38.0129 Visibility distance and mounted height of lamps
38.0130 Head lamps on motor vehicles
38.0131 Tail lamps
38.0132 Lamp of flag on projecting load
38.0133 Brake equipment required
38.0134 Horns and warning devices
38.0135 Mufflers, prevention of noise
38.0136 Mirrors
38.0137 Windshields must be unobstructed and equipped with wipers
38.0138 Restrictions on tire equipment
38.0139 Vehicle to be constructed to prevent sifting or leaking loads
38.0140 Special lighting and warning equipment on school buses
38.0141 Duty of drivers upon approach of police or fire department vehicle
38.0142 Penalties not otherwise prescribed
38.0143 Parking privileges for mobility impaired; Certification; Revocations; Ongoing appropriations; Penalties
38.0144 Exhibition driving and drag racing; Definitions; Penalty
38.0145 The use of seat belts in passenger vehicles
38.0146 Children under the age of 7 are required
38.0147 Seat belt safety and child restraint
38.0148 Operating motor vehicles on groomed snowmobile trails
38.0149 Operating motor vehicles on groomed snowmobile trails, or riding horse, operating an ATV, snowmobile or any other motorized vehicles on the bike path
38.0150 Operating a motor vehicle with passenger(s) in uncovered pick-up boxes
38.0151 Use of Helmets when Operating Snowmobiles, go carts, motor bikes and ATV’s
38.0152 “No person under the age of eighteen (18) years may operate

CHAPTER 38.02 Turtle Mountain Criminal Traffic Code
38.0201 Definitions
38.0202 Arresting person for violating traffic regulations; duty of officer arresting
38.0203 Uniform traffic complaint and summons
38.0204 Failure to appear; hearing upon arrest; Time of; Promise of defendant to appear
38.0205 Offenses under which person arrested may not be entitled to release upon promise to appear
38.0206 Reckless driving; Aggravated Reckless driving; Penalty
38.0207 All DUI offenders
38.0208 Any Indian persons under the influence of intoxicating liquor or any other drugs or substances not to operate vehicle; Penalty
38.0209 Alcohol-related traffic offenses; Ignition interlock devices and the seizure, forfeiture, and sale of motor vehicles
38.0210 Implied consent to determine alcohol and drug content of blood
38.0211 Chemical test of driver in serious bodily injury or fatal accidents
38.0212 Persons qualified to administer test and opportunity for additional test
38.0213 Consent of person incapable of refusal not withdrawn
38.0214 Action following test result for a resident operator
38.0215 Action following test result or on refusing test by nonresident operator
38.0216 Revocation of privilege to drive motor vehicle upon refusal to submit to testing
38.0217 Administrative sanction for driving or being in physical control of a vehicle while having certain blood alcohol concentration
38.0218 Administrative hearing on request
38.0219 Judicial review
38.0220 Interpretation of chemical tests
38.0221 Proof of refusal admissible in any civil or criminal action or proceeding
38.0222 Effect of evidence of chemical test
38.0223 Notice to other states
38.0224 Liability
38.0225 State toxicologist to examine specimens of fatalities in accidental deaths involving a motor vehicle; Record use
38.0226 Screening test
38.0227 Failure to drive on right side of roadway
38.0228 Fleeing or attempting to elude a peace officer
38.0229 Driving While Operator’s License is Suspended or Revoked

Title 39 – Exclusion and Removal Code
CHAPTER 39.01 General Provisions
39.0101 Statement of legislative determination and intent
39.0102 Statement of authority
39.0103 Intent
39.0104 Persons subject to exclusion and removal
39.0105 Grounds for exclusion and removal
39.0106 Exclusion, removal and other civil penalties
39.0107 Proceedings for exclusion and removal
39.0108 Formation and appointment of the exclusion ordinance board
39.0109 Authority of the exclusion ordinance board
39.0110 Administrative Hearing on Exclusion and Removal in Non-Emergency Situations
39.0111 Emergency exclusion and removal without prior hearing
39.0112 No review of orders of exclusion and removal
39.0113 Enforcement of exclusion and/or removal orders
39.0114 No ex post facto application
39.0115 No double jeopardy
39.0116 Incorporation into Tribal Code

Title 40 – Solid Waste Management
CHAPTER 40.01 General
40.0101 Short Title
40.0102 Purpose
40.0103 Findings
40.0104 Effective date
40.0105 Authority
40.0106 Scope
40.0107 Jurisdiction
40.0108 Repeal
40.0109 Severability
40.0110 Federal Law and Regulations
40.0111 Citation or Use of Language from Other Laws

CHAPTER 40.02 Responsibilities of Owners
40.0201 Definitions

CHAPTER 40.03 Resource Recovery and Reuse Program
40.0301 Policy and programs for resource recovery and reuse

CHAPTER 40.04 Responsibilities of Property Owners and Residents
40.0401 Responsibilities

CHAPTER 40.05 Solid Waste Programs: Duties and Responsibilities
40.0501 The Solid Waste Management Team (SWMT)
40.0502 The Solid Waste Director
40.0503 The Compliance Officer
40.0504 Annual Report
40.0505 Public information program
40.0506 Studies of municipal solid waste stream
40.0507 Coordination and cooperation with other agencies

CHAPTER 40.06 Tribal Integrated Solid Waste Management Program
40.0601 Tribal Integrated Solid Waste Management Plan (ISWMP)
40.0602 Approval of plan
40.0603 Contents of plan
40.0604 Future solid waste facility sites
40.0605 Periodic review of plan

CHAPTER 40.07 Prohibited Practices and Activities
40.0701 Open burning
40.0702 Hazardous waste
40.0703 Agricultural wastes
40.0704 Septic tank waste disposal
40.0705 Liquids
40.0706 Scavenging
40.0707 Construction and demolition wastes
40.0708 Animal carcasses
40.0709 Prohibition on disposal in open dumps
40.0710 Illegal dumping and littering
40.0711 Maintaining a public nuisance
40.0712 Polluting streams or waters
40.0713 Wrecked, junked or unserviceable vehicles
40.0714 Tires
40.0715 Used oils
40.0716 Major Appliances and other white goods
40.0717 Lead acid batteries
40.0718 Misleading representatives

CHAPTER 40.08 Management and Transportation of Hazardous Wastes
40.0800 General
40.0801 Generators
40.0802 Transportation
40.0803 Treatment and Storage
40.0804 Disposal
40.0805 Reuse and Recycling of Hazardous Waste

CHAPTER 40.09 Management of Special and Industrial Wastes
40.0901 Designation of Special and Industrial Wastes
40.0902 Management of Special and Industrial Wastes

CHAPTER 40.10 Solid Waste Storage
40.1001 Containers
40.1002 Storage of solid waste

CHAPTER 40.11 Collection, Transfer and Disposal
40.1101 Collection schedule
40.1101 Collection service
40.1103 Collection service fees
40.1104 Non-payment of fees
40.1105 Private collection vehicles
40.1106 Permitted collection vehicles
40.1107 Collection standards
40.1108 Pets and animals
40.1109 Animal carcasses
40.1110 Access
40.1111 Load rejection
40.1112 Material separation

CHAPTER 40.12 Solid Waste Permits: General
40.1201 Application submittal; Filing fee
40.1202 Business license required
40.1203 Contents of permit application
40.1204 Issuance of permit; Contents
40.1205 Issuance of Permit: Conditions
40.1206 Permit issuance period
40.1207 Periodic permit review
40.1208 Permit revocation or modification
40.1209 Permit denial
40.1210 Renewal denial
40.1211 Compliance with applicable law
40.1212 Public review and comment
40.1213 Public hearing on permit application
40.1214 The notice of public hearing
40.1215 Statement of issues
40.1216 Informal review of permit decision
40.1217 Formal appeal of permit decision
40.1218 Application for revision of permit
40.1219 Investigation, reports, inspections
40.1220 Protection of proprietary information

CHAPTER 40.13 Solid Waste Management Facility, Collection and/or Transportation Permits
40.1301 Application for permit
40.1302 Existing solid waste management facilities
40.1303 Additional conditions for solid waste management facility permit
40.1304 Contents of application: solid waste management facilities
40.1305 Collection and/or transportation of solid waste
40.1306 Existing solid waste collection and/or transportation services
40.1307 Additional solid waste collection and/or transportation services
40.1308 Contents of application: solid waste transportation
40.1309 Financial assurance for solid management waste facilities
40.1310 Closure and post-closure for solid waste facilities
40.1311 Post closure financial assurance

CHAPTER 40.14 Solid Waste Fees and Taxes
40.1401 Revenues and taxes
40.1402 Permit fees
40.1403 Prime contractor construction permit fee
40.1404 Permit applications; Filing fees
40.1405 Individual collection fees and transfer station fees
40.1406 Non-payment of fees

CHAPTER 40.15 Special Waste Management Permits
40.1501 Special waste management permits
40.1502 Construction and demolition wastes permit
40.1503 Open burning permit
40.1504 Commercial salvage yard permit
40.1505 Tire storage and hauling permit
40.1506 Emergency permits
40.1507 Permit for disposal of septic wastes by commercial septic pumping service

CHAPTER 40.16 Enforcement
40.1601 Enforcement agent
40.1602 Enforcement of act
40.1603 Duties
40.1604 Actions on complaints                                               
40.1605 Enforcement actions
40.1606 Notice to Chairman and Tribal Council
40.1607 Remedial actions
40.1608 Compliance schedule
40.1609 Revocation, suspension, or modification of permit
40.1610 Statement of charges
40.1611 Notice of hearing
40.1612 Notice of defense
40.1613 Hearings
40.1614 Discovery
40.1615 Issuance of decision
40.1616 Law Enforcement Service

CHAPTER 40.17 Violations: Criminal and Civil Penalties
40.1701 Fines and penalties
40.1702 Civil penalties for violations
40.1703 Disposition of civil penalty funds
40.1704 Penalties in addition to others
40.1705 Injunctive relief
40.1706 Criminal penalties
40.1707 Summary of the penalty calculation system for Administration and civil penalty policy
40.1708 Establishment of penalty calculation methodology
40.1709 Considerations for determining penalty
40.1710 Primary components of penalty calculation
40.1711 Penalty matrix
40.1712 Multiple and multi-day (continuing) violation calculations
40.1713 Other forms of penalties that may be combined
40.1714 Administrative/civil penalty limit
40.1715 Policy goals
40.1716 TMBCI/EPA policy and internal guidelines
40.1717 Civil penalty policy applicable upon adoption
40.1718 Documentation and release of information
40.1719 Pre-hearing conference or evidentiary hearing presents detailed information
40.1720 Documentation of penalty settlement amount
40.1721 Release of information
40.1722 Relationship between penalty amount sought in an administrative action and accepted in settlement
40.1723 TMBCI/EPA enforcement personnel procedures
40.1724 Calculating an administrative proceeding
40.1725 Penalty figure accepted in settlement by TMBCI/EPA
40.1726 Calculating a penalty amount to support TMBCI/EPA penalty in judicial actions
40.1727 Determination of gravity-based penalty amount
40.1729 Potential for harm
40.1729 Risk of exposure
40.1730 Factors to consider for making a determination
40.1731 Larger penalty presumptively appropriate circumstances
40.1732 Harm to the Tribal Regulatory Program
40.1733 Applying the potential for harm factor
40.1734 Extent of deviation from requirement
40.1735 Penalty assessment matrix
40.1736 Multiple and multi-day penalties
40.1737 Penalties for multi-day violations procedures
40.1738 Calculation of the multi-day penalty
40.1739 Extend of deviation from requirement
40.1740 Effect of economic benefit of noncompliance
40.1741 General policy on settlement
40.1742 Economic benefit from delayed costs and avoided costs
40.1743 Calculation of economic benefit from delayed and avoided Costs
40.1744 Additional information on economic benefit
40.1745 Adjustment factors and effect of settlement
40.1746 Effect of settlement
40.1747 Appendix

CHAPTER 40.18 Tribal Response and Remedial Action Program
40.1801 Remedial actions by Turtle Mountain Tribal Response Program (TM-TRP)
40.1802 Remedial action contracting
40.1803 Liability of owners, operators and other persons
40.1804 Recovery of expenditure of tribal funds
40.1805 Remedial action and enforcement orders
40.1806 Accidental release or spill
40.1807 Remediation standards
40.1808 Remedy selection
40.1809 Voluntary remediation eligibility
40.1810 Voluntary remediation requirements
40.1811 Application for participation in the voluntary remediation program
40.1812 Non-voluntary remediation
40.1813 Remediation assessment agreement
40.1814 Remediation agreement
40.1815 Public notification
40.1816 Public participation
40.1817 Public record
40.1818 Documentation of completion
40.1819 Institutional controls
40.1820 Re-openings or terminations
40.1821 Disputes and appeals
40.1822 Public right to intervene
40.1823 Fees, notices and appeal

CHAPTER 40.19 Limitations
40.1901 Appropriations

Title 41 – Motor Vehicle Fuels
CHAPTER 41.01 Definitions
41.0101 Definitions
41.0102 Tax imposed on motor vehicle fuels
41.0103 Form of claim for refund
41.0104 Claim for refund; Limitation on filing
41.0105 Refund to tribe or political subdivision
41.0106 Refiner, supplier, distributor, importer, exporter, retailer, and terminal operator required to secure license; License fees
41.0107 Application for license; Issuance of license, Denial of license
41.0108 Revocation of license; Hearing to show cause; Reinstatement  
41.0109 Bond or letter of credit required  
41.0110 Monthly report by refiner, supplier, distributor, importer, or exporter required
41.0111 Report by terminal operator required
41.0112 Commissioner to audit report and assess tax
41.0113 Determination if no return made
41.0114 Lien of tax; Collection; Action authorized
41.0115 Corporate officer liability
41.0116 Governor and manager liability
41.0117 Tax collection allowance
41.0118 Inventory Gains; Losses
41.0119 Assignment of refund claims
41.0120 Credit for taxes paid on worthless accounts and refund
41.0121 Retention of records; Subject to inspection
41.0122 Bond or letter of credit required
41.0123 Penalty and interest, Violations
41.0124 Enforcement and administration
41.0125 Civil action for tax, penalties and interest
41.0126 Erroneously or illegally collected taxes
41.0127 Criminal sanctions
41.0128 Construction

CHAPTER 41A.01 Taxation; Special fuels taxes
41A.0101 Definitions
41A.0102 Tax imposed
41A.0103 Tax collection allowance
41A.0104 Credit for taxes paid on worthless accounts and refunds
41A.0105 Refiner, supplier, distributor, importer, exporter, retailer, and terminal operator required to secure license
41A.0106 Application for license; Issuance of license; Denial of license
41A.0107 Revocation of license; Hearing to show case; Reinstatement  
41A.0108 Retention of records; Subject to inspection
41A.0109 Reports by refiner, supplier, distributor, retailer, importer, or exporter required
41A.0110 Common or contract carrier; License required; Records; Diverted loads; Commissioner to audit records
41A.0111 Commissioner to audit report and assess tax
41A.0112 Penalty and interest; Violations
41A.0113 Determination if no report is filed
41A.0114 Corporate officer liability
41A.0115 Governor and manager liability
41A.0116 Erroneously or illegally collected taxes
41A.0117 Civil action for tax, penalties and interest
41A.0118 Administration; Assistance authorized; Rules
41A.0119 Rulemaking authority
41A.0120 Adoption of regulations
41A.0121 Construction

Title 42 – Sex Offender Registration
CHAPTER 42.01 Definitions
42.0101 Title
42.0102 Purpose
42.0103 Jurisdiction
42.0104 Enforcement
42.0105 Need subdivision
42.0106 Definitions

CHAPTER 42.02 Covered Offenses
42.0201 Covered offenses
42.0202 Tribal offenses
42.0203 Federal offenses
42.0204 Military offenses
42.0205 Foreign offenses
42.0206 State, Tribal and Territory offenses
42.0207 Jurisdictional offenses

CHAPTER 42.03 Tiered offenses
42.0301 Tier I offenses
42.0302 Tier II offenses
42.0303 Tier III offenses

CHAPTER 42.04 Required information
42.0401 General requirements
42.0402 Criminal history
42.0403 Date of birth
42.0404 DNA sample
42.0405 Driver’s licenses, identification cards, passports, and immigration documents
42.0406 Employment information
42.0407 Finger and palm prints
42.0408 Internet identifiers
42.0409 Name
42.0410 Phone numbers
42.0411 Picture
42.0412 Physical descriptions
42.0413 Professional licensing information
42.0414 Address(s)
42.0415 School
42.0416 Social security number
42.0417 Temporary lodging
42.0418 International travel
42.0419 Offense information
42.0420 Vehicle information
42.0421 Valid passport(s) and immigration documents
42.0422 Dental records
42.0423 Frequency, duration and reduction
42.0424 Requirements for in person appearances
42.0425 Sex offender acknowledgement form

CHAPTER 42.05 Registration
42.0501 When registration is required
42.0502 Timing of registration
42.0503 Retroactive registration
42.0504 Recapture
42.0505 Updating registration information
42.0506 Failure to appear for registration and absconding
42.0507 Failure to register
42.0508 Employment/educational requirement(s)

CHAPTER 42.06 Verification and Appearance Requirements
42.0601 Frequency
42.0602 Requirements for in person appearance

CHAPTER 42.07 Public Sex Offender Registry Website
42.0701 Website
42.0702 Required and prohibited information
42.0703 Community notifications

CHAPTER 42.08 Crimes and Civil Sanctions
42.0801 Criminal offenses
42.0802 Civil actions and liability
42.0803 Civil liability

CHAPTER 42.09 Restrictions
42.0901 Restrictions

CHAPTER 42.10 Immunity
42.1001 No waiver of immunity
42.1002 Good faith

CHAPTER 42.11 Exemptions
42.1101 Exemptions

CHAPTER 42.12 Juvenile Offenders
42.1201 Applicability
42.1202 Registration requirements
42.1203 Community Notification
42.1204 Civil Penalties and Enforcement
42.1205 Juvenile Sex Offender(s)

CHAPTER 42.13 Schools
42.1301 School
42.1302 Definitions
42.1303 Child safety zone(s)/property
42.1304 Sex offender
42.1305 Prohibition
42.1306 Registrants living near school
42.1307 Exclusions
42.1308 Notice
42.1309 Enforcement
42.1310 Severability

CHAPTER 42.14 Turtle Mountain Housing
42.1401 Housing policies

CHAPTER 42.15 Visitors
42.1501 Visitor(s); Sex offender requirements

CHAPTER 42.16 Appendix
Legislative History

Title 43 – Credit Transaction Code
CHAPTER 43.01 General Provisions
43.0101 Short Title
43.0102 Scope
43.0103 Territorial Application
43.0104 Severability
43.0105 Administration
43.0106 Sovereign Immunity

CHAPTER 43.02 Definitions
43.0201 Definitions

CHAPTER 43.03 Extension of Credit
43.0301 Licensee

CHAPTER 43.04 Usury and Interest Rates
43.0401 Rate of interest set by written agreement; No maximum or usury restrictions
43.0402 Loan of money’ Presumption as to interest
43.0403 Annual rate of interest where specified                                     
43.0404 Loan to be repaid in current money
43.0405 Maximum rate of interest where no rate specified; Commencement where date not specified
43.0406 When interest becomes part of principal
43.0407 Interest on moneys after they become due
43.0408 Interest on judgments, statutory liens and inverse condemnations
43.0409 Legal rate of interest stipulated by contract after breach
43.0410 Interest on loan; Advance deduction
43.0411 Change in Terms

CHAPTER 43.05 Limitations on Loans
43.0501 Limitations on loans

CHAPTER 43.06 Additional requirements for Loans
43.0601 Loan requirements
43.0602 Satisfaction of loan; Release of assignments
43.0603 Prohibited and permitted fees; Attorney fees and costs
43.0604 Prohibited acts

CHAPTER 43.07 Licensing and Consumer Protection Procedures
43.0701 License; Application requirements; Business locations
43.0702 License renewal fee
43.0703 Denial of license and license renewal
43.0704 License revocation or suspension; Restitution; Penalty
43.0705 Complaint procedure
43.0706 Information and annual reports
43.0707 Civil remedies
43.0708 Investigations by department; Subpoenas; Oaths; Examination of witnesses and evidence
43.0709 Production of records located outside state; Alternate procedures; Designated record inspectors
43.0710 Cease and desist orders
43.0711 Injunctions; Receivers
43.0712 Creditors exempt from licensing requirements

Title 44 – FEMA Floodplain Ordinance
CHAPTER 44.0 Authorization, Findings of Fact, Purpose and Objectives
44.0001 Authorization
44.0002 Findings of Facts
44.0003 Statement of purpose
44.0004 Methods of reducing flood losses

CHAPTER 44.01 Definitions
44.0101 Definitions

CHAPTER 44.02 General Provisions
44.0201 Lands to which this ordinance applies
44.0202 Basis for establishing the special flood hazard areas
44.0203 Compliance
44.0204 Greatest restrictions
44.0205 Interpretation
44.0206 Warning and disclaimer or liability

CHAPTER 44.03 Administration
44.0301 Establishment of development permit
44.0302 Designation of the director of natural resource                           
44.0303 Duties and responsibilities of the director/delegate

CHAPTER 44.04 Variance Procedure
44.0401 Appeal Board
44.0402 Conditions for variances

CHAPTER 44.05 Provisions for Flood Hazard Reduction
44.0501 General standards
44.0502 Specific standards assignments
44.0503 Floodways

CHAPTER 44.06 Penalties for Violations
44.0601 Penalties

Title 45 – Americans with Disabilities (ADA)
CHAPTER 45.01 General Provisions
45.0101 Definitions

CHAPTER 45.02 Findings and Purpose
45.0201 Findings
45.0202 Purpose

CHAPTER 45.03 Definitions
45.0301 Definitions
45.0302 Discrimination
45.0303 Defenses
45.0304 Posting notices
45.0305 Regulations
45.0306 Enforcement

CHAPTER 45.04 Public Services; Prohibition against Discrimination and Other Generally Applicable Provisions
45.0401 Definition
45.0402 Discrimination
45.0403 Enforcement
45.0404 Regulations
45.0405 Effective date

CHAPTER 45.05 Public Accommodations and Services Operation by Private Entities
45.0501 Definitions
45.0502 Prohibition of discrimination by public accommodations
45.0503 New construction and alterations in public accommodations and commercial facilities
45.0504 Prohibition of discrimination in specified public transportation services provided by private entities
45.0505 Study
45.0506 Enforcement
45.0507 Enforcement by Attorney General
45.0508 Examinations and courses
45.0509 Effective date

CHAPTER 45.06 Telecommunications
45.0601 Telecommunications relay services for hearing impaired and speech; Impaired individuals
45.0602 Telecommunications services for hearing impaired and speech; Impaired individuals
45.0603 Closed-captioning of public service announcements

CHAPTER 45.07 Miscellaneous Provisions
45.0701 Construction
45.0702 State immunity
45.0703 Prohibition against retaliation and coercion
45.0704 Regulations by the architectural and transportation barriers compliance board
45.0705 Attorney’s fees
45.0706 Technical assistance
45.0707 Federal wilderness areas
45.0708 Coverage of Congress and the agencies of the legislative branch
45.0709 Illegal use of drugs
45.0710 Definitions
45.0711 Amendments to the Rehabilitation Act
45.0712 Alternative means of dispute resolution
45.0713 Severability

Title 46 – Infrastructure Ordinance
CHAPTER 46.01 Consultation Process
46.0101 Establishment of consultation process
46.0102 Tribal council establishment of infrastructure
46.0103 Purpose
46.0104 Title of consultation process
46.0105 Definition of terms
46.0106 Tribal involvement in infrastructure development
46.0107 Designated directors shall serve as local experts
46.0108 Designated directors shall declare a projects impact
46.0109 Designated director’s duties
46.0110 Persons with permit forms
46.0111 Consensual process must be established
46.0112 Filing electronic monthly reports
46.0113 Electronic reports due on or before the 20th day of the calendar month
46.0114 Statement of work completed and remaining
46.0115 Failure to comply
46.0116 Penalties and interest
46.0117 To issue preliminary injunction
46.0118 Failure to comply with this ordinance
46.0119 Officers authorized and mandated to enforce sanctions
46.0120 Prior inconsistent ordinances hereby repealed
46.0121 Invalid or not enforceable as a matter of law
46.0122 Sovereign immunity

[Table of Contents created by NILL in September 2014, based on materials available on Turtle Mountain Community College's website.]

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