Bay Mills Tribal Code

Table of Contents Updated: June 2017

The tribe makes their code and ordinances available online. The links below will take you to the version of the code available on the tribe's website. Please contact the library if you need assistance.

Table of Contents

Tribal Court Code

Chapter 1: Tribal Court
101. CREATION OF THE COURT
102. JURISDICTION OF TRIBAL COURT
103. COMPOSITION OF TRIBAL COURT
104. DISQUALIFICATION, REMOVAL, RESIGNATION, DEATH OR INCAPACITATION OF JUDGES
AND APPOINTMENT OF REPLACEMENT OR RESERVE JUDGE
105. RULES OF COURT
106. COURT ADMINISTRATIVE STAFF
107. PROSECUTING ATTORNEY
108. TRIBAL LEGAL ASSISTANCE PROGRAM
109. OFFICERS OF THE TRIBAL COURT

Chapter 2: Appeals
201. CREATION OF THE BAY MILLS COURT OF APPEALS
202. JURISDICTION OF COURT OF APPEALS
203. DISQUALIFICATION OF APPELLATE JUDGE
204. WHO MAY APPEAL
205. SUBJECT OF APPEAL
206. SCOPE OF COURT OF APPEALS REVIEW
207. TIME PERIOD TO APPEAL
208. NOTICE OF APPEAL; PROCEDURE
209. SERVICE OF NOTICE OF APPEAL
210. FEE FOR APPEAL FILING
211. BOND
212. EFFECT ON DECISION BY FILING APPEAL
213. RECORD OF APPEAL
214. BRIEFING
215. ORAL ARGUMENT
216. MOTIONS BEFORE THE COURT OF APPEALS
217. STANDARD OF REVIEW
218. ISSUES PRESERVED ON APPEAL
219. CONTENT OF ORDER OR JUDGMENT APPEALED
220. DECISIONS OF THE COURT OF APPEALS
221. REQUEST FOR RECONSIDERATION OF DECISION
222. REMAND
223. RULES OF COURT

Chapter 3: Rules for All Actions Before Tribal Court
301. JURY TRIAL
302. WITNESSES
303. RECORDS OF COURT
304. COOPERATION OF FEDERAL EMPLOYEES
305. TRIBE DOES NOT CONSENT TO BE SUED
306. ATTORNEYS; ADMISSION TO PRACTICE
307. FEES AND COSTS; WAIVER OR SUSPENSION FOR INDIGENT PERSONS

Chapter 4: Civil Case Rules
401. LAW APPLICABLE TO CIVIL ACTIONS
402. COSTS
403. JUDGMENTS IN CIVIL ACTIONS
404. LIMITATION ON EFORCEMENT OF JUDGMENT
405. LIMITATIONS OF FILING OF AN ACTION
406. STATEMENT OF CLAIM
407. NOTICE TO DEFENDANT; ANSWER
408. CLAIMS OF ASSIGNEES OR THIRD PARTY BENEFICIARIES
409. SETTLEMENT FORM
410. CONDUCT OF TRIAL
411. JUDGMENTS; PROCEDURE
412. COUNTERCLAIM
413. COURT ENFORCEMENT OF JUDGMENT
414. FEES
415. JURISDICTION OF THE TRIBAL COURT
416. DEMAND FOR POSSESSION OR PAYMENT
417. COMPLAINT
418. NOTICE
419. DEFENSES
420. CONDUCT OF TRIAL
421. COUNTERCLAIMS; CLAIMS FOR MONEY JUDGMENT
422. JUDGMENT FOR PLAINTIFF
423. WRIT OF RESTITUTION
424. JUDGMENT FOR DEFENDANT
425. FEES

Chapter 5: Criminal Case Rules
501. COMPLAINT
502. ARREST
503. ARREST WARRANTS
504. NOTIFICATION OF RIGHTS AT TIME OF ARREST
505. SUMMONS IN LIEU OF WARRANT
506. SEARCH WARRANTS
507. SEARCH WITHOUT A WARRANT
508. UNLAWFUL SEARCH AND SEIZURE
509. DISPOSITION OF SEIZED PROPERTY
510. ARRAIGNMENT
511. RECEIPT OF PLEA AT ARRAIGNMENT
512. BAIL; RELEASE PRIOR TO TRIAL
513. BAIL; RELEASE BY POLICE OFFICER
514. WITHDRAWL OF GUILTY PLEA
515. TRIAL
516. PRESENCE OF DEFENDANT
517. RIGHTS OF ACCUSED
518. MOTIONS
519. ORDER OF TRIAL PROCEDURE
520. PRESUMPTION OF INNOCENSE; REASONABLE DOUBT
521. JOINT DEFENDANTS
522. DISCHARGE OF JUROR; NEW TRIAL
523. DIRECTED VERDICT
524. VERDICT OF JURY
525. EXECUTION OF JUDGMENT
526. IMPRISONMENT FOR FINE
527. SUSPENSION OF SENTENCE
528. PROBATION
529. PAROLE
530. NEW TRIAL
531. APPEAL FOR CONVICTION

Chapter 6: Law & Order
601. VIOLATION OF AN APPROVED TRIBAL ORDINANCE
602. LIMITATION OF FILING COMPLAINT
603. FOREIGN CONVICTION OR ACQUITTAL
604. AUTHORIZED USE OF FORCE
604. INTOXICATION AS A DEFENSE
606. INSANITY
PART TWO: OFFENSES
607. ASSAULT OR DOMESTIC ASSAULT
608. ASSAULT AND BATTERY OR DOMESTIC ASSAULT
609. CRIMINAL SEXUAL CONDUCT
610. CARRYING CONCEALED WEAPON
611. ABDUCTION
612. LARCENY
613. EMBEZZLEMENT
614. FRAUD
615. FORGERY
616. BAD CHECKS
617. RECEIVING STOLEN PROPERTY
618. UNAUTHORIZED DRIVING AWAY OF ANY MOTOR VEHICLE, SNOWMOBILE OR
WATER CRAFT
619. EXTORTION
620. DISORDERLY CONDUCT
621. MALICIOUS MISCHIEF; VANDALISM
622. TRESPASS
623. INJURY TO PUBLIC PROPERTY
624. MAINTAINING A PUBLIC NUISANCE
625. DISPOSAL OF TRASH
626. CRUELTY TO ANIMALS
627. GAMBLING WITHOUT A PERMIT
628. PROSTITUTION
629. FAILURE TO SUPPORT DEPENDENT PERSONS
630. FAILURE TO PROVIDE FOR CHILDREN
631. CHILD ABUSE OR NEGLECT
632. CONTRIBUTING TO DELINQUENCY OF A MINOR
633. POSSESSION OF INTOXICATING BEVERAGE BY A MINOR
634. BRIBERY
635. PERJURY
636. FALSE REPORTS
637. RESISTING LAWFUL ARREST
638. ESCAPE FROM LAWFUL CUSTODY
639. DISOBEDIENCE TO LAWFUL ORDERS OF THE COURT
640. MANUFACTURE OR SALE OF A CONTROLLED SUBSTANCE
641. POSSESSION OR USE OF A CONTROLLED SUBSTANCE AS DEFINED OR ANY INHALANT
642. HUNTING OR FISHING WITHOUT A LICENSE
643. BREAKING AND ENTERING
644. ENTRY WITHOUT PERMISSION
645. FORFEITURE
646. ATTEMPT TO COMMIT A CRIME OR CONSPIRE TO COMMIT A CRIME
647. CRIMINAL HOMICIDE
648. POSSESSION OR USE OF TOBACCO PRODUCTS BY A MINOR.
649. VESSEL ABANDONMENT

Chapter 7: Juvenile
701. JUVENILE CODE
702. PURPOSE AND CONSTRUCTION
703. DEFINITIONS
704. JURISDICTION OF THE JUVENILE DIVISION
705. TRANSFER OF JURISDICTION
706. PROCEDURES AND AUTHORIZATIONS
707. JUVENILE DIVISION PERSONNEL
708. CHILD WELFARE COMMITTEE
709. PROTECTIVE SERVICE WORKERS AND PROBATION OFFICERS
710. CASE MANAGEMENT TEAM
711. DUTY TO REPORT CHILD ABUSE AND NEGLECT
712. INVESTIGATION AND EMERGENCY REMOVAL
713. NOTICE OF REMOVAL
714. PLACEMENT OF CHILDREN
715. INFORMAL ADJUSTMENT CONFERENCE
716. FILING CHILD PROTECTION PETITION
717. FILING CHILD OFFENDER PETITION
718. NOTICE AND SERVICE OF SUMMONS
719. PRELIMINARY HEARING
720. ADJUDICATORY HEARING
721. DISPOSITIONAL HEARING
722. DISPOSITION REVIEW HEARINGS
723. PERMANCENCY PLANNING HEARINGS
724. TERMINATION OF PARENTAL RIGHTS
725. AUTHORIZATION OF MEDICAL TREATMENT
726. COSTS OF SUPPORT AND CARE
727. EMANCIPATION
728. POWER OF ATTORNEY
729. LIMITED GUARDIANSHIP
730. CHILD PROTECTION RECORDS
731. REHEARINGS
732. APPEALS

Chapter 8: Motor Vehicle
801. TITLE
802. DEFINITIONS
803. CIVIL INFRACTION
804. BAY MILLS TRIBAL COURT; JUDGE; MAGISTRATE
805. PENALTIES NOT OTHERWISE PRESCRIBED
806. COMPLIANCE WITH ORDER OR DIRECTION OF TRIBAL POLICE OFFICER
807. FAILURE TO OBEY SIGNAL OF TRIBAL POLICE OFFICER
808. SPEED RESTRICTIONS
809. FAILURE TO STOP FOR SCHOOL BUS FLASHING RED LIGHTS
810. TRAFFIC DEVICES AND SIGNS; FAILURE TO OBEY
811. TRAFFIC SIGNS OR SIGNALS; DEFACING, DESTROYING AND/OR REMOVING
812. DRIVING ON RIGHT SIDE OF ROADWAY; OVERTAKING AND PASSING; FOLLOWING TOO CLOSELY
813. RIGHT-OF-WAY; STOP; AUTHORIZED EMERGENCY VEHICLE OR FUNERAL PROCESSION; PEDESTRIAN
814. TURNING; SIGNALS ON STOPPING AND TURNING
815. STOPPING, STANDING OR PARKING ON A HIGHWAY
816. PROHIBITED PARKING
817. INTERFERENCE WITH VIEW OR CONTROL OF DRIVER OR OPERATION; OBSTRUCTION
818. STOPPING AT SCENE OF ACCIDENT; DUTIES AND REPORTING; GIVING INFORMATION AND AID
819. DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR CONTROLLED SUBSTANCE; RECKLESS DRIVING; CARELESS OR NEGLIGENT DRIVING
820. ARREST WITHOUT WARRANT WHERE REASONABLE CAUSE TO BELIEVE THE OPERATOR OF VEHICLE INVOLVED IN ACCIDENT IN VIOLATION OF SECTION 819_A, C or D; PRELIMINARY CHEMICAL BREATH ANALYSIS; TESTING; EVIDENCE; AVAILABILITY OF TEST RESULTS; PRESUMPTIONS; ADMISSIBILITY OF EVIDENCE; REFUSAL TO SUBMIT TO CHEMICAL TEST
821. OPEN INTOXICANT(S) IN MOTOR VEHICLE
822. SAFETY BELT REQUIRED
823. CHILD RESTRAINT SYSTEM REQUIRED
824. OPERATOR'S AND CHAUFFEUR'S LICENSE
825. PICK-UP TRUCK; PASSENGER PROHIBITION
826. REGISTRATION; LICENSE PLATE; AND INSURANCE
827. REPRODUCTION; ALTERATION; COUNTERFEIT; FORGING OF VEHICLE DOCUMENTS
828. EQUIPMENT REQUIRED; UNSAFE CONDITION
829. OPERATION OF BICYCLES, MOTORCYCLES AND MOPEDS
830. OPERATING MOTORCYCLE, MOPED, OR OTHER MOTOR VEHICLE ON SIDEWALK OR BICYCLE PATH
831. ANIMAL OR DRIVING ANIMAL-DRAWN VEHICLE ON ROADWAY
832. PROHIBITED OPERATION OF MOTOR VEHICLE, MOTORCYCLE, MOPED OR OTHER MOTORIZED VEHICLE IN PLAYGROUND/LAWN AREAS
833. VIOLATION OF COURT ORDER RESULTING FROM PRIOR CODE VIOLATION
834. "ABANDONED VEHICLE" DEFINITION AND PROCEDURE FOR DISPOSITION

Chapter 9: Law Enforcement
901. LAW ENFORCEMENT OFFICER DEFINED
902. QUALIFICATIONS
903. DUTIES AND RESPONSIBILITIES
904. DISMISSAL
905. CONTROL OF TREATMENT OF PRISONERS

Chapter 10: Divorce
1001. JURISDICTION OF THE TRIBAL COURT
1002. GROUNDS, PLEADING, JUDGMENT
1003. HEARING ON COMPLAINT FOR DIVORCE
1004. POWERS OF THE TRIBAL COURT PENDING HEARING
1005. ALIMONY
1006. THE CUSTODY OF MINOR CHILDREN; SUPPORT
1007. REAL AND PERSONAL PROPERTY
1008. FAILURE TO COMPLY WITH COURT ORDER
1009. LEGITIMACY OF CHILDREN

Chapter 11: Adoption
1101. PETITION FOR ADOPTION
1102. CHILDREN BORN OUT OF WEDLOCK
1103. PERSONS REQUIRED TO EXECUTE CONSENT TO ADOPTION
1104. ORDER OF ADOPTION
1105. DENIAL OF ADOPTION
1106. RECORDS OF ADOPTION
1107. EFFECT OF ADOPTION ON MEMBERSHIP IN THE TRIBE

Chapter 12: Conservation
1201. CONSERVATION DIVISIONS
1202. JURISDICTION OF THE CONSERVATION DIVISION
1203. LAW APPLICABLE TO CONSERVATION DIVISION
1204. INSTITUTION OF PROCEEDINGS IN THE CONSERVATION DIVISION
1205. NOTICE TO APPEAR
1206. APPEARANCE BEFORE CONSERVATION DIVISION
1207. RIGHTS OF THE ALLEGED VIOLATOR
1208. ORDER OF HEARING PROCEDURE
1209. PENALITIES FOR VIOLATION
1210. APPEAL OF DECISION

Chapter 13: Guardianship
1301. PURPOSE
1302. TYPES OF GUARDIANSHIP
1303. GROUNDS FOR APPOINTMENT OF GUARDIAN
1304. STANDING TO FILE PETITION
1305. CONTENTS OF GUARDIANSHIP PETITION
1306. NOTICE OF PETITION FILING
1307. GUARDIANSHIP REPORT
1308. DURATION OF GUARDIANSHIP APPOINTMENT
1309. POWERS AND DUTIES OF A GUARDIAN OF THE PERSON
1310. LIBAILITIES OF GUARDIAN OF THE PERSON
1311. REIMBURSEMENT OF GUARDIAN OF THE PERSON'S EXPENSES
1312. REIMBURSEMENT OF GUARDIAN BY THE TRIBE
1313. GUARDIAN OF THE ESTATE
1314. POWERS OF GUARDIAN OF THE ESTATE
1315. REPORTS TO THE COURT
1316. RESIGNATION OF GUARDIAN
1317. APPOINTMENT OF SUCCESSOR GUARDIAN
1318. REMOVAL OF GUARDIAN

Chapter 14: Marriage
1400. TITLE
1401. RECOGNITION OF MARRIAGES
1402. MARRIAGE BETWEEN INDIAN PERSONS; LICENSE REQUIRED; ISSUANCE
1403. MAINTENANCE OF PERMANENT RECORS
1404. ISSUANCE OF MARRIAGE LICENSES; QUALIFICATIONS OF APPLICATIONS
1405. PERSONS ENTITLED TO SOLEMNIZE MARRIAGES
1406. QUALIFICATIONS TO PERFORM TRADITIONAL INDIAN MARRIAGE
1407. PROCEDURE FOR RECOGNITION OF MARRIAGE AFTER SOLEMNIZATION
1408. MARRIAGE CERTIFICATE FILING AND RECORDING

Chapter 15: Elder Protection
1501. TITLE
1502. POLICY
1503. PURPOSE
1504. CIVIL NATURE OF CODE
1505. DEFINITIONS
1506. DUTY TO REPORT ABUSE OF[SIC] NEGLECT OF AN ELDER
1507. IMMUNITY FOR REPORTING
1508. FAILURE TO REPORT; CIVIL PENALTY; DAMAGES; CRIMINAL LIABILITY
1509. BAD FAITH REPORT; CIVIL LIABILITY, DAMAGES, CRIMINAL LIABILITY
1510. INVESTIGATION
1511. PRIVILEGED COMMUNICATION
1512. CRIMINAL INVESTIGATION
1513. EMERGENCY
1514. RIGHTS OF ELDERS, ADULTS, THEIR FAMILIES AND CARETAKERS
1515. PROCEDURES FOR DETERMINING CAPACITY, ABUSE, OR NEGLECT
1516. ELDER AND ADULT PROTECTION ORDER; TERM
1517. CONFIDENTIALITY OF REPORTER, RECORDS, HEARINGS; PENALTIES FOR NONCOMPLIANCE
1518. CRIMINAL PROSECUTIONS
1519. COURT PROCEEDING ON PETITION
1520. SEVERITY AND EFFECT

Chapter 16: Snowmobiles
1601. TITLE
1602. DEFINITIONS
1603. CIVIL INFRACTION
1604. BAY MILLS TRIBAL COURT; JUDGE; MAGISTRATE
1605. PENALTIES NOT OTHERWISE PRESCRIBED
1606. REGULATION OF SNOWMOBILE OPERATIONS; PROHIBITIONS GENERALLY
1607. OPERATION OF SNOWMOBILES; PROHIBITED AREAS
1608. OPERATION BY MINORS/INCOMPETENTS.
1609. OPERATION WHILE UNDER INFLUENCE OF INTOXICATING LIQUOR OR CONTROLLED SUBSTANCE; RECKLESS DRIVING; CARELESS OR NEGLIGENT DRIVING; OPEN INTOXICANTS; PROHIBITIONS
1610. SNOWMOBILE OPERATION DURING NIGHTTIME; LIGHT AND TIME RESTRICTIONS
1611. REGISTRATION
1612. SPEED
1613. REPORT OF ACCIDENT
1614. TRANSPORTING BOWS OR FIREARMS
1615. EQUIPMENT REQUIRED
1616. RIDING WITH PASSENGER
1617. YIELDING TO PEDESTRIANS AND MOTOR VEHICLES
1618. PARKING PROHIBITIONS
1619. RESPONSIBILITY OF OWNER FOR OPERATION IN VIOLATION OF THIS CODE
1620. REGISTRATION REQUIRED OF RESERVATION RESIDENTS
1621. EXEMPTIONS FROM REGISTRTION REQUIREMENT
1622. REGISTRATION PERIOD
1623. REGISRATION FEES
1624. FEES FOR DUPLICATE REGISTRATION, TRANSFER
1625. ISSUANCE OF CERTIFICATE AND DECALS
1626. DISPLAY OF REGISTRATION DECALS
1627. CHANGE OF ADDRESS
1628. DEPARTMENT DUTIES
1629. EFFECTIVE DATE

Chapter 17: Off-road Vehicles
1701. TITLE
1702. DEFINITIONS
1703. CIVIL INFRACTION
1704. BAY MILLS TRIBAL COURT; JUDGE; MAGISTRATE
1705. PENALTIES NOT OTHERWISE PRESCRIBED
1706. REGULATION OF OFF-ROAD RECREATION VEHICLE OPERATIONS; PROHIBITIONS GENERALLY
1707. OPERATION OF OFF-ROAD RECREATION VEHICLES; PROHIBITED AREAS
1708. OPERATION BY MINORS/INCOMPETENTS
1709. OPERATION UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR CONTROLLED SUBSTANCES; RECKLESS DRIVING; CARELESS OR NEGLIGENT DRIVING; OPEN INTOXICANTS; PROHIBITIONS
1710. OFF-ROAD RECREATION VEHICLE OPERATION DURING NIGHTTIME; LIGHT AND TIME RESTRICTIONS
1711. REGISTRATION
1712. SPEED
1713. REPORT OF ACCIDENT
1714. TRANSPORTING BOWS AND FIREARMS
1715. EQUIPMENT REQUIRED
1716. RIDING WITH PASSENGER
1717. YIELDING TO PEDESTRIANS AND MOTOR VEHICLES
1718. PARKING PROHIBITIONS
1719. RESPONSIBILITY OF OWNER FOR OPERATION IN VIOLATION OF THIS CODE
1720. EFFECTIVE DATE

Chapter 18: Tax Division
1801. TAX DIVISION
1802. JURISDICTION OF TAX DIVISION
1803. PROCEDURE FOR ARBITRATION ACTION AGAINST THE TRIBE
1804. PROCEDURE FOR ENFORCEMENT OF ARBITRATION AWARD AGAINST THE TRIBE
1805. ENFORCEMENT OF STATE COURT ORDER
1806. ORDERS TO COMPEL PRODUCTION; SUBMIT TO AUDIT
1807. PETITION FOR HEARING AFTER ENFORCEMENT ACTION
1808. MEMBER OR TRIBAL ENTITY APPEAL OF FINAL TAX DETERMINATION BY STATE
1809. COLLECTION ACTIONS BY TAX DEPARTMENT
1810. REIMBURSEMENT ACTIONS BY TRIBE
1811. TAX DEPARTMENT ACTION TO COMPEL COMPLIANCE WITH TAX INVESTIGATION
1812. VIOLATION OF RETAIL LICENSE REQUIREMENTS
1813. APPEAL OF TAX DEPARTMENT DECISION
1814. SEIZURE OF MOTOR FUEL; TOBACCO PRODUCTS
1815. PENALTIES FOR VIOLATION

Tax Code

Ordinances

Curfew Ordinance for Minors

Liquor Ordinance

Dog Control Ordinance

Ownership of Wolf Hybrid Animals

Motor Vehicle License and Registration Ordinance

Resolution Speed Limit in Housing Areas

Leasehold Mortgage Ordinance

Housing and Land Use
Housing Ordinance No. 1-63
Code Compliance Ordinance No. RI-1
Electrical Code Ordinance No. RI-3
Plumbing Code Ordinance RI-4
Community Improvements Areas Ordinance RI-5
Zoning Ordinance RI-6
Fire Prevention Code Ordinance RI-7
Building Code Ordinance RI-2
Basic Housing Code RI-8
Speed Limit - Housing Projects Res. No. 83-7-1
Tribal Utility Services Ordinance
Lease Ordinance

Foster Care Licensing Ordinance

Home Daycare Ordinance

Election Ordinance

Member Adoption Ordinance

Class I Raffle Ordinance [Not available online]

Secured Transactions Ordinance

Mich-Con Gas Franchise Ordinance

Bay Mills Community College Charter

Bay Mills Sex Offender Registration and Notification Ordinance
CHAPTER 1 GENERAL MATTERS
CHAPTER 2 TERMINOLOGY AND COVERED OFFENSES
CHAPTER 3 TIERED OFFENSES
CHAPTER 4 REQUIRED INFORMATION
CHAPTER 5 REGISTRATION
CHAPTER 6 PUBLIC SEX OFFENDER REGISTRY WEBSITE
CHAPTER 7 PROHIBITED AREAS
CHAPTER 8 IMMUNITY
CHAPTER 9 CRIMES AND CIVIL SANCTIONS

Hunting & Fishing Regulations/Ordinances

BMIC Conservation Regulations

Conservation Code (Updated 7/14)

State Land Utilization Code

Off-Reservation Gathering Code

[Table of Contents created by NILL in June 2017, based on materials available on tribe's website.]