Chitimacha Comprehensive Codes of Justice
Table of Contents Updated: June 2022
The tribe makes their code available online. The links below will take you to the version of the code available on the tribe's website.
Table of Contents
Chitimacha Tribal Court - Rules of Court
Title I - Courts
CHAPTER 1. ESTABLISHMENT AND OPERATION OF TRIBAL COURT
Sec. 101. Establishment of Tribal Court
Sec. 102. Composition of the Courts
Sec. 103. Records of the Court
Sec. 104. Rules of Court
Sec. 105. Services to Court by Tribal or Federal Employees
Sec. 106. Criminal Jurisdiction of the Court
Sec. 107. Civil Jurisdiction of the Court
Sec. 108. Jurisdiction Over Persons Outside Reservation
Sec. 109. Jurisdiction Over Suits Commenced by Tribe
CHAPTER 2. ESTABLISHMENT AND OPERATION OF COURT OF APPEALS
Sec. 201. Creation of Court of Appeals
Sec. 202. Jurisdiction of Court of Appeals
Sec. 203. Composition of Court of Appeals
Sec. 204. Records of Court of Appeals
Sec. 205. Right of Appeal
Sec. 206. Procedure on Appeal of Criminal Cases
Sec. 207. Procedure on Decision for Review in Civil Cases
Sec. 208. Judgment against Surety
Sec. 209. Record on Appeal
Sec. 210. Briefs and Memoranda
Sec. 211. Oral Argument
CHAPTER 3. JUDGES
Sec. 301. Term
Sec. 302. Appointment
Sec. 303. Qualifications of Judges
Sec. 304. Salary and Bond
CHAPTER 4. CHITIMACHA CODE OF JUDICIAL CONDUCT
Sec. 401. Preamble
Sec. 402. Scope
Sec. 403. Application
Sec. 404. Canons and Rules
Sec. 405. Discipline and Removal of Judges
Sec. 406. Miscellaneous
CHAPTER 5. ATTORNEYS AND LAY COUNSELORS
Sec. 501. Qualifications for admissions as attorneys and lay counselors
Sec. 502. Roll of attorneys and lay counselors
Sec. 503. Right to Counsel
CHAPTER 6. CHITIMACHA RULES OF PROFESSIONAL CONDUCT
Sec. 601. Preamble: A Lawyer’s Responsibilities
Sec. 602. Scope
Sec. 603. Rules
Sec. 604. Disciplinary Process
Sec. 605. Reciprocal Discipline
Sec. 606. Conviction of Crimes
Sec. 607. Funding and Reimbursement
Sec. 608. Other Provisions and Interpretation of Rules
CHAPTER 7. PROSECUTOR
Sec. 701. Term
Sec. 702. Appointment
Sec. 703. Qualifications
Sec. 704. Duties
Sec. 705. Salary
CHAPTER 8. COURT ADMINISTRATION
Sec. 801. Office of Clerk
Sec. 802. Qualifications
Sec. 803. Duties
Title IA - Peacemaker Court
CHAPTER 1. GENERAL PROVISIONS
Sec. 101. Purpose and Construction
Sec. 102. Establishment of Peacemaker Court
Sec. 103. Subject Matter Jurisdiction; Personal Jurisdiction; Attorneys
CHAPTER 2. PEACEMAKERS
Sec. 201. Appointment and Qualifications
Sec. 202. Authority of Peacemakers
Sec. 203. Limitations; Peacemakers Not Judges; Agreed Arbitration
Sec. 204. Duties of Peacemakers
Sec. 205. Reports to Chitimacha Tribal Court
CHAPTER 3. PROCEDURE
Sec. 301. Request for Peacemaking
Sec. 302. Requests and Objections
Sec. 303. Duties of Clerk of Tribal Court
Sec. 304. Appointment of Peacemaker
Sec. 305. Notice to Begin Proceedings
Sec. 306. Compensation of Peacemaker
Sec. 307. Subpoenas
Sec. 308. Fees
CHAPTER 4. ACTIONS BY THE TRIBAL COURT
Sec. 401. Protective Orders
Sec. 402. Action by the Court
Sec. 403. Judgments
Sec. 404. Method of Presenting Proposed Judgment
Sec. 405. Form of Judgment
Sec. 406. Enforcement of Judgment
CHAPTER 5. CONDUCT OF PEACEMAKERS
Sec. 501. General Standards
Sec. 502. Complaints Regarding Peacemakers
Sec. 503. Action on Complaint
CHAPTER 6. TRANSFER OF CASES FROM TRIBAL COURT TO PEACEMAKER COURT
Sec. 601. General Policy
Sec. 602. Civil Matters
Sec. 603. Criminal Matters
Sec. 604. Criminal Probation
Sec. 605. Transfer on Condition
CHAPTER 7. MISCELLANEOUS PROVISIONS
Sec. 701. Forms
Sec. 702. Plain Language Version of Rules
Title II - Criminal Procedure
CHAPTER 1. COMPLAINT
Sec. 101. Complaint
Sec. 102. Time Limit for Commencing Criminal Prosecution
CHAPTER 2. ARRESTS
Sec. 201. Arrest
Sec. 202. Warrants for Arrest
Sec. 203. Notification of Right at Time of Arrest
Sec. 204. Summons in Lieu of Arrest Warrant
CHAPTER 3. SEARCHS
Sec. 301. Search Warrant
Sec. 302. Execution and Return of Search Warrant
Sec. 303. Search Without a Warrant
Sec. 304. Disposition of Seized Property
Sec. 305. Exclusion of Unlawfully Obtained Evidence
CHAPTER 4. ARRAIGNMENT AND RELEASE
Sec. 401. Arraignment
Sec. 402. Release Before Final Judgment of Conviction
Sec. 403. Withdrawal of Pleas
CHAPTER 5. TRIAL PROCEEDINGS
Sec. 501. Rights of Defendant in Criminal Cases
Sec. 502. Limitations on Trial Date
Sec. 503. Issuance of Subpoenas
Sec. 504. Service of Subpoenas
Sec. 505. Failure to Obey Subpoena
Sec. 506. Witness Fees
Sec. 507. Trial Procedure
Sec. 508. Trial by Jury Upon Request
Sec. 509. Jury Eligibility
Sec. 510. Trial Jury – Empaneling Procedures and Powers
Sec. 511. Motions
Sec. 512. Discovery
CHAPTER 6. SENTENCING
Sec. 601. Sentences
Sec. 602. Waiver of Minimum Mandatory Sentences
Sec. 603. Probation
Sec. 604. Forfeiture of Weapons
Sec. 605. Notification of Right to Appeal
CHAPTER 7. EXPUNGEMENT
Sec. 701. Petition for Expungement and Relief
Sec. 702. Expungement Prohibited
Sec. 703. Law Enforcement and Court Access to Records
Title III - Criminal Offenses
CHAPTER 1. GENERAL PROVISIONS
Sec. 101. Jurisdiction of the Chitimacha Tribe of Louisiana Over Persons Alleged to Have Committed Crimes And Offenses
Sec. 102. Definitions
Sec. 103. Criminal Offenses Based on Voluntary Conduct
Sec. 104. Burden of Proof
Sec. 105. Liability of Children and Minors
Sec. 106. Ignorance or Mistake
Sec. 107. Intoxication
Sec. 108. Mental Disease or Defect
Sec. 109. Self-defense
Sec. 110. Defense of Others
Sec. 111. Defense of Property
Sec. 112. Use of Deadly Force
Sec. 113. Duress
Sec. 114. Entrapment
CHAPTER 2. ANTICIPATORY CRIMES
Sec. 201. Attempts
Sec. 202. Criminal Complicity and Solicitation
CHAPTER 3. CRIMES AGAINST PERSONS
Subchapter A. Homicide
Sec. 301. Murder
Sec. 302. Manslaughter
Sec. 303. Negligent Homicide
Sec. 304. Causing or Aiding Suicide
Subchapter B. Kidnapping
Sec. 305. Kidnapping
Subchapter C. Sexual Offenses
Sec. 306. Definitions
Sec. 307. Rape
Sec. 308. Sexual Assault
Sec. 309. Statutory Rape
Sec. 310. Indecent Exposure
Sec. 311. Prostitution and Patronizing a Prostitute
Sec. 312. Bigamy
Sec. 313. Indecent Behavior with a Juvenile
Sec. 314. Solicitation of a Minor to Engage in Sexual Activity
Subchapter D. Computer-Aided Sexual Offenses Involving Minors
Sec. 315. Definitions
Sec. 316. Pornography Involving Juveniles
Sec. 317. Computer-Aided Solicitation of a Minor
Subchapter E. Assault and Related Offenses
Sec. 318. Assault Defined
Sec. 319. Simple Assault
Sec. 320. Aggravated Assault – Severe Bodily Harm
Sec. 321. Aggravated Assault – Dangerous Weapon
Sec. 322. Aggravated Assault – Great Bodily Harm
Sec. 323. Aggravated Assault – Public Official
Subchapter F. Abusive Conduct
Sec. 324. Harassment
Sec. 325. Abuse of a Vulnerable Adult
CHAPTER 4. CRIMES AGAINST PRIVATE PROPERTY
Subchapter A. Arson
Sec. 401. Arson
Subchapter B. Burglary and Related Offenses
Sec. 402. Burglary
Sec. 403. Criminal Trespass
Subchapter C. Theft and Related Crimes
Sec. 404. Theft
Sec. 405. Robbery
Sec. 406. Criminal Mischief
Sec. 407. Issuing Bad Checks
Subchapter D. Forgery and Related Crimes
Sec. 408. Forgery
Sec. 409. Obtaining Signature by False Pretense
CHAPTER 5. CRIMES AGAINST THE PUBLIC ORDER
Subchapter A. Explosives and Weapons Offenses
Sec. 501. Carrying Concealed and Dangerous Weapon
Sec. 502. Possession of Explosives
Sec. 503. Use of Dangerous Weapons by Children
Sec. 504. Unlawful Discharge of Firearms
Sec. 505. Unlawful Possession of Firearms
Sec. 506. Firearm-Free Zone Subchapter B. Threats Made Against the Public Order
Sec. 507. Terroristic Threats
Sec. 508. Aiding Others in Terrorism
Subchapter C. Drugs and Related Offenses
Sec. 509. Unlawful Production, Distribution, Intent to Distribute, Sale, Possession or Use of Drugs
Sec. 509-A. Unlawful Distribution, Sale, Possession and/or Use of Drug Paraphernalia
Sec. 509-B. Violation of Unlawful Production, Distribution, Intent to Distribute, Sale, Possession or Use of Drugs; Drug Free Zone
Sec. 509-C. Distribution to Persons Under Age Eighteen
Sec. 509-D. Additional Penalties May Be Imposed
Sec. 510. Falsification of Drug Tests
Subchapter D. Offenses Involving Governmental Processes
Sec. 511. Bribery
Sec. 512. Interfering with Election
Sec. 513. Prohibited Campaigning
Sec. 514. Hindering Law Enforcement
Sec. 515. Perjury
Sec. 516. Criminal Contempt
Sec. 517. Resisting a Law Enforcement Officer
Sec. 518. Resisting Arrest with Force or Violence
Sec. 519. Resisting Arrest with Bodily Injury
Sec. 520. Escape
Subchapter E. Disorderly Conduct and Related Offenses
Sec. 521. Disorderly Conduct
Sec. 521-A. Possession and/or Consumption of Alcohol in Designated Park/Recreational Areas Prohibited
Sec. 522. Mistreatment of Animals
Subchapter F. Gambling
Sec. 523. Illegal Gambling
Subchapter G. Exploitation of Children
Sec. 524. Contributing to the Delinquency of a Minor
Sec. 525. Failure to Support a Dependent Person
Sec. 526. Failure to Send a Child to School
Sec. 527. Unlawful Possession of Intoxicating Beverages by Minors
Sec. 528. Unlawful Sale of Intoxicating Beverages to Minors
Sec. 529. Unlawful Sale of Tobacco to Minors
Sec. 530. Unlawful Possession or Consumption of Alcohol on School Property
Sec. 531. Child Abuse
Sec. 532. Abandonment of a Child
Sec. 533. Neglect of Child
Sec. 534. Cruelty to Juveniles
Sec. 535. Juvenile Sexting
Subchapter H. Curfew Violations
Sec. 536. Failure to Enforce Curfew
Sec. 537. Non-Residents Curfew
Subchapter I. Driving While Under the Influence
Sec. 538. Driving While Under the Influence of Intoxicating Liquors or Drugs
CHAPTER 6. DOMESTIC VIOLENCE
Subchapter A. General Provisions
Sec. 601. Purpose
Sec. 602. General Jurisdiction
Sec. 603. Special Domestic Violence Jurisdiction
Sec. 604. Criminal Conduct Applicable
Sec. 605. Rights and Procedural Requirements
Sec. 606. Severability
Sec. 607. Non-waiver of Sovereign Immunity
Sec. 608. Savings
Sec. 609. Definitions
Subchapter B. Criminal Actions and Penalties
Sec. 610. Domestic Violence
Sec. 611. Violation of No Contact Order
Sec. 612. Violation of a Domestic Violence Protection Order
Subchapter C. Powers and Duties of Law Enforcement
Sec. 613. Duties to Victims
Sec. 614. Protecting Evidence
Sec. 615. Mandatory Arrest
Sec. 616. Emergency Criminal No Contact Order
Sec. 617. Mandatory Arrest for Violations of Domestic Violence Protection Orders or No Contact Orders
Sec. 618. Authority to Seize and Hold Weapons
Sec. 619. Violations of Conditions of Release
Sec. 620. Duty to Expedite Service of Protection Orders
Sec. 621. Law Enforcement Records on Domestic Violence
Sec. 622. Liability of Law Enforcement Officers
Subchapter D. Tribal Court Procedures, Powers, and Duties
Sec. 623. Determination of Jurisdiction
Sec. 624. Pre-trial and Release Conditions
Sec. 625. Mediation and Alternative Justice Prohibited
Sec. 626. Clerk of Court Record Maintenance
Subchapter E. Duties of the Prosecutor
Sec. 627. Domestic Violence Identified in Charging Document
Sec. 628. Duties of the Tribe to the Victim
Subchapter F. Rights of Victims
Sec. 629. Rights of Victims
Subchapter G. Civil Domestic Violence Orders for Protection
Sec. 630. Domestic Violence Protection Orders
Sec. 631. Ex Parte Temporary Domestic Violence Protection Orders
Sec. 632. Recognition and Enforcement of Foreign Protection Orders
Subchapter H. Firearms
Sec. 633. Domestic Violence Offender in Possession of a Firearm
CHAPTER 7. HABITUAL OFFENDERS
Sec. 701. Habitual Offender Crime
Sec. 702. Limitation
CHAPTER 8. PENALTIES AND LIMITATIONS
Sec. 801. Penalties
Sec. 802. Statutes of Limitations
Sec. 803. Enhanced Sentencing
CHAPTER 9. JUDICIAL AND PROSECUTORIAL IMMUNITY
Sec. 901. Judicial Immunity
Sec. 902. Prosecutorial Immunity
Title IV - Civil Procedure
CHAPTER 1. PRETRIAL PROCEEDINGS
Sec. 101. Commencement of Civil Action
Sec. 102. Service of Process
Sec. 103. Hearing
Sec. 104. Issuance of Subpoenas
Sec. 105. Service of Subpoenas
Sec. 106. Failure to Obey Subpoena
Sec. 107. Witness Fees
Sec. 108. Intervention
CHAPTER 2. TRIALS
Sec. 201. Trial Procedure
Sec. 202. Consolidated and Separate Trials
Sec. 203. Substitution of Parties
CHAPTER 3. JUDGMENTS
Sec. 301. Judgments
Sec. 302. Judgment by Default
Sec. 303. Proof of Satisfaction
Sec. 304. Execution
Sec. 305. Judgment Constitutes a Lien
Sec. 306. Life of Judgment
Sec. 307. Renewal of Judgment
Sec. 308. Stay of Judgment
Sec. 309. Costs and Attorneys Fees
Sec. 310. Property Exempt from Judgments for Money
Sec. 311. Garnishment of Wages for Satisfaction of Judgment
CHAPTER 4. EXTRAORDINARY WRITS
Sec. 401. Temporary Restraining Orders Without Notice
Sec. 402. Preliminary Injunctions
Sec. 403. Security
Sec. 404. Habeas Corpus
CHAPTER 5. PETITIONS TO CHALLENGE THE MEMBERSHIP QUALIFICATION OF AN ENROLLED MEMBER
Sec. 501. Petition to Challenge the Membership Qualification of an Enrolled Member
Sec. 502. Petitions Challenging the Paternity of an Enrolled Member
Sec. 503. Receipt of a Valid Petition
Sec. 504. Enrollment Officer's Action
Sec. 505. Additional Hearing
Sec. 506. Authority to Issue Subpoenas
Sec. 507. Findings of Fact
CHAPTER 6. APPLICABLE LAWS
Sec. 601. Applicable Laws
CHAPTER 7. STATUTE OF LIMITATIONS
Sec. 701. Limitations of Actions
CHAPTER 8. CHITIMACHA RULES OF EVIDENCE
Title V - Child Welfare
CHAPTER 1. GENERAL PROVISIONS T
Sec. 101. Jurisdiction
Sec. 102. Supervision Over Welfare of Children
Sec. 103. Definitions
CHAPTER 2. TAKING A CHILD INTO CUSTODY BEFORE A COURT HEARING
Sec. 201. Taking a Child into Protective Custody
Sec. 202. Application to Court
Sec. 203. Emergency Authorization of Medical Treatment
CHAPTER 3. COURT PROCEDURES
Sec. 301. Petitions
Sec. 302. Release from Protective Custody; Home Study
Sec. 303. Initial Hearing
Sec. 304. Guardians Ad Litem
Sec. 305. Transfer of Juvenile Proceedings
Sec. 306. Fact-Finding Hearing
Sec. 307. Dispositional Hearing
Sec. 308. Confidentiality
Sec. 309. Expungement of Records
Sec. 310. Periodic Review for Delinquents and Status Offenders in Approved Facilities
Sec. 311. Petition for Return of Abused, Neglected or Abandoned Child Removed from Parent or Custodian
Sec. 312. Periodic Review for Abused, Neglected, or Abandoned Child Removed from Parent or Custodian
CHAPTER 4. TERMINATION OF PARENT-CHILD RELATIONSHIP
Sec. 401. Purpose of Termination of the Parent-Child
Relationship
Sec. 402. Appointment of Guardian Ad Litem for Minor or Incompetent Parent
Sec. 403. Who May File a Petition
Sec. 404. Contents of the Petition
Sec. 405. Home Study Prior to Hearing
Sec. 406. Notice
Sec. 407. Hearing
Sec. 408. Grounds for Termination; Order
Sec. 409. Disposition
Sec. 410. Effects of Termination Order
CHAPTER 5. REPORTING ABUSE, NEGLECT AND ABANDONMENT
Sec. 501. Obligation to Report Child Abuse, Neglect and Abandonment
Sec. 502. Contents of Report
Sec. 503. Immunity for Good Faith Reports; Penalties for Reports Made in Bad Faith
Sec. 504. Failure to Report
Sec. 505. Procedures Following a Report of Child Abuse, Neglector Abandonment
Sec. 506. Recordkeeping
Sec. 507. Central Registry
Sec. 508. Confidentiality
Sec. 509. Interviews and Examinations
Sec. 510. Character Investigations
CHAPTER 6. PROCEDURES OF THE CHITIMACHA TRIBE WITH RESPECT TO THE INDIAN CHILD WELFARE ACT
Sec. 601. Intent of this Chapter
Sec. 602. Definitions
Sec. 603. Receipt of Referrals
Sec. 604. Duties of the Clerk of Court
Sec. 605. Investigation of Referral by Chief Judge or Designee
Sec. 606. Determination of Tribal Membership Status, Domicile and Residency, and Status as Ward of the Tribal Court
Sec. 607. Best Interests of the Child
Sec. 608. Recommendation of the Chief Judge
Sec. 609. Final Decision by Tribal Council or Designee
Sec. 610. Notification of Parents and Indian Custodian
CHAPTER 7. CURFEW
Sec. 701. Curfew
CHAPTER 8. SAFE HAVEN FOR INFANTS LAW
Sec. 801. Short Title
Sec. 802. Purpose
Sec. 803. Definitions
Sec. 804. Leaving an Infant
Sec. 805. Safe Haven Facility Procedures
Sec. 806. Responsibilities of the Chitimacha Human Services Department
Sec. 807. Procedure if Reunification is Sought
Sec. 808. Immunity
Title VI - Family Law
CHAPTER 1. ADOPTION
Sec. 101. Purpose of Adoption
Sec. 102. Definitions
Sec. 103. Who May File Adoption Petition
Sec. 104. Petition for Adoption
Sec. 105. Required Consents
Sec. 106. Withdrawal of Consents
Sec. 107. Investigation Report
Sec. 108. Hearing on Adoption
Sec. 109. Report and Final Decree of Adoption
Sec. 110. Adoption Records
Sec. 111. Contents of Adoption Order
Sec. 112. Name and Legal Status of Adopted Minor
CHAPTER 2. MARRIAGE
Sec. 201. Requirements
Sec. 202. Prohibited Marriages
Sec. 203. Marriage of Person Having Existing Spouse
Sec. 204. Putative Spouse
Sec. 205. Marriage License
Sec. 206. Marriage Ceremony
Sec. 207. Jurisdiction
Sec. 208. Presumption of Legitimacy; Legitimation by Marriage of Parents
Sec. 209. Disputed Legitimacy; Proof
Sec. 210. Common Law Marriage
Sec. 211. Recognition of Foreign Marriages
CHAPTER 3. ANNULMENT AND DIVORCE; CHILD CUSTODY PROCEEDINGS
Sec. 301. Jurisdiction Over Annulment and Divorce Cases
Sec. 302. Annulment
Sec. 303. Divorce
Sec. 304. Child Custody and Support
Sec. 305. Child Custody Actions Outside Divorce and Annulment Proceedings
Sec. 306. Enforcement of Child Support Orders
Sec. 307. Division of Property
Sec. 308. Maintenance
Sec. 309. Payment of Maintenance or Support to Court
Sec. 310. Paternity
Sec. 311. Temporary Maintenance and Custody Awards
Sec. 312. Attorney's Fees
Sec. 313. Recognition of Foreign Divorces and Annulments
CHAPTER 4. GUARDIANSHIP
Sec. 401. Definition of Guardian
Sec. 402. How Guardians are Appointed
Sec. 403. Types of Guardianship
Sec. 404. Guardianship of Property
Sec. 405. Permanent Guardianship
Sec. 406. Temporary Guardianship
Sec. 407. Who May File Guardianship Petition
Sec. 408. Contents of Guardianship Petition
Sec. 409. Guardianship Report
Sec. 410. Management of Property
Sec. 411. Incompetent Persons
Sec. 412. Termination of Guardianship
Sec. 413. Disbursement of Per Capita Payments
Sec. 414. Review of Guardianship
CHAPTER 5. RESTRAINING ORDERS
Sec. 501. Relief from Abuse by Family or Household Member
Sec. 502. Court Orders; Duration
Sec. 503. Extension of an Order
Sec. 504. Service
Sec. 505. Contempt and Violation
CHAPTER 6. EMANCIPATION
Sec. 601. Petition and Summons
Sec. 602. Hearing
Sec. 603. Conduct of Hearing; Investigation and Report
Sec. 604. Order and Effect of Emancipation
CHAPTER 7. CHANGE OF NAME
Sec. 701. Authority to Grant Change of Name
Sec. 702. Change of Name by Minor Child
Sec. 703. Petition for Change of Name
Sec. 704. Public Notice
Sec. 705. Decision on the Petition
CHAPTER 8. RECOGNITION AND ENFORCEMENT OF FOREIGN SUPPORT ORDERS
Sec. 801. Definitions
Sec. 802. Recognition of Foreign Support Orders
Sec. 803. Employer/Payor's Compliance
Sec. 804. Maximum Amount of Withholding. Time Periods. Priority of Multiple Orders
Sec. 805. Immunity from Liability
Sec. 806. Contest by Obligor
Sec. 807. Fees and Costs
CHAPTER 9. FULL FAITH AND CREDIT FOR FOREIGN DOMESTIC VIOLENCE ORDERS
Sec. 901. Purpose and Findings
Sec. 902. Definitions
Sec. 903. Enforcement of Foreign Protection Orders
Sec. 904. Role of Law Enforcement in Enforcing this Chapter
Sec. 905. Immunity for Good Faith Enforcement of Foreign Protection Order
Sec. 906. Role of Tribal Court in Enforcing this Chapter
Sec. 907. Protection Order with the Tribal Court
Sec. 908. Violation of Foreign Protection Order
CHAPTER 10. MISCELLANEOUS
Sec. 1001. Forms
Sec. 1002. Appeals
Sec. 1003. Application of Law
Title VII - Traffic Code
CHAPTER 1. DEFINITIONS AND SPECIAL PROVISIONS
Sec. 101. Definitions
Sec. 102. Traffic Regulatory Powers
Sec. 103. General Penalty for Violation of this Title
Sec. 104. Traffic Code Applicability to Accidents, Reckless Driving, Substance Abuse, Eluding Police Officers
Sec. 105. Notice of Violations by Juveniles
Sec. 106. Offenses Requiring Penalty of Incarceration and/or Fine
CHAPTER 2. PAYMENT OF STATUTORY FEE AND FINE IN LIEU OF HEARING; HEARINGS
Sec. 201. Right to Appear; Payment of Statutory Fee and Fine in Non-Criminal Cases
Sec. 202. Hearing - Procedures - Appeals - Stay Orders
Sec. 203. Failure to Appear and/or Pay Statutory Fee - Penalty
CHAPTER 3. LICENSE REQUIREMENTS; EXCEPTIONS, REVOCATIONS
Sec. 301. Driving License Required
Sec. 302. Person Exempt from Holding LA License
Sec. 303. Persons not Permitted to Operate a M/V
Sec. 304. Liability for Negligence of a Minor
Sec. 305. Cancellation of Minor's Right to Operate a M/V
Sec. 306. License or Permit to be Carried and Shown on Demand
Sec. 307. Restricted Licenses - Penalty Violation
Sec. 308. Suspending Privileges of Non-residents of the Chitimacha Reservation
Sec. 309. Suspension or Revocation of Operation of M/V Privileges on the Chitimacha Indian Reservation
Sec. 310. Operating a M/V while Driving Privileges are Suspended or Revoked
Sec. 311. Unlawful Use of License
Sec. 312. Reproducing Operator's License or Permit
Sec. 313. Permitting an Unauthorized Minor to Drive
Sec. 314. Permitting an Unauthorized Person to Drive
Sec. 315. Display of Current Registration, License Plates and Tabs
Sec. 316. Violation of Registration Provision
CHAPTER 4. TRAFFIC REGULATORY POWERS OF OFFICER
Sec. 401. Halting Person for Violating Traffic Ordinances
Sec. 402. Hearing - Time - Promise of Defendant to Appear
Sec. 403. Failure to Appear on Written Promise
Sec. 404. Court to Issue a Warrant of Arrest
CHAPTER 5. ACCIDENTS
Sec. 501. Accidents Involving Damage to Vehicles
Sec. 502. Immediate Notice of Accident
Sec. 503. Accident Involving Death or Personal Injuries
Sec. 504. Duty to Give Information and Render Aid
Sec. 505. Emergency Care or Services Rendered-Liability
Sec. 506. Duty Upon Striking Unattended Vehicle
Sec. 507. Duty Upon Striking Road Fixtures or Other Property
Sec. 508. Officer to Report
Sec. 509. Investigation Agency Responsible to Notify Next of
Sec. 510. When Operator of a M/V is Unable to Report
Sec. 511. Accident Report Forms
Sec. 512. Fees for Copies of Accident Report and Investigator's Opinion
Sec. 513. Garages, Private persons, Wrecker and Towing Services to Report
Sec. 514. Operating a Motor Vehicle without Liability Insurance prohibited
CHAPTER 6. RULES OF THE ROAD
Sec. 601. Careless Driving
Sec. 602. Speeding
Sec. 603. Speed Limitation Not Applicable to Emergency Vehicles - Liability Exception
Sec. 604. Reckless Driving
Sec. 605. Aggravated Reckless Driving
Sec. 606. Exhibition Driving and Drag Racing
Sec. 607. Obedience to and Required Traffic Control Device
Sec. 608. Flashing Signals
Sec. 609. Display of Unauthorized Signs, Signals or Markings
Sec. 610. Interference With Official Traffic Signal, Traffic Control Device, Regulatory Sign or Information Sign
Sec. 611. Drive on Right Side of Roadway
Sec. 612. Passing Vehicles Proceeding in Opposite Direction
Sec. 613. Overtaking a Vehicle on the Left
Sec. 614. When Overtaking on the Right is Permitted
Sec. 615. No-passing Zones
Sec. 616. Following too Closely
Sec. 617. Restricted Access
Sec. 618. Vehicle Approaching or Entering Intersection
Sec. 619. Vehicle Turning Left
Sec. 620. Vehicles Entering Roadway
Sec. 621. Operation of Vehicle on Approach of Authorized Emergency Vehicles
Sec. 622. Roadway Construction and Maintenance
Sec. 623. Pedestrian Obedience to Traffic Control Devices and Traffic Regulations
Sec. 624. Driver to Exercise Due Care
Sec. 625. Pedestrians on Roadway
Sec. 626. Vehicles Position and Method of Turning
Sec. 627. Limitations on Turning Around
Sec. 628. Starting Parked Vehicle
Sec. 629. Turning Movements and Required Signals
Sec. 630. Signals by Hand and Arm or Signal Lights
Sec. 631. Emergence from Alley, Driveway, Private Road or Building
Sec. 632. Overtaking and Passing School Bus
Sec. 633. Stopping, Standing or Parking on Roadway Unattended Vehicles
Sec. 634. Officer Authorized to Remove Illegally Stopped Vehicle
Sec. 635. Stopping, Standing or Parking Prohibited in Specified Places
Sec. 636. Obstruction to Driver's View or Driving
Sec. 637. Opening and Closing Vehicle Door
Sec. 638. Following Fire Apparatus
Sec. 639. Crossing Fire Hose
Sec. 640. Garbage, Glass, Rubbish, and Injurious Materials on Roadway or Designated Public Recreation Areas Prohibited
Sec. 641. Fleeing or Attempting to Elude a Police Officer
Sec. 642. Driving While Under the Influence of Intoxicating Liquors or Drugs
Sec. 643. Administration of Chemical Analysis Tests
Sec. 644. Physical Control
Sec. 645. Chemical Test for Driver in Serious Bodily Injury or Fatal Crash
Sec. 646. Person Qualified to Administer Test and Opportunity for Additional Test
Sec. 647. Consent of Person Incapable of Refusal not Withdrawn
Sec. 648. Obedience to Police Officer or Firearm
Sec. 649. Person Riding Animal or Driving Animal-Drawn Vehicle
Sec. 650. Underage Drinking While Under the Influence of Intoxicating Liquors or Drugs
Sec. 651. Commercial Driving While Under the Influence of Intoxicating Liquors or Drugs
CHAPTER 7. CHITIMACHA BICYCLE CODE
Sec. 701. Traffic Laws Apply to Persons Riding Bicycles
Sec. 702. Riding on a Bicycle
Sec. 703. Clinging to Vehicle
Sec. 704. Riding on Roadway
Sec. 705. Carrying Articles
Sec. 706. Lamps and Other Equipment on Bicycles
CHAPTER 8. CHITIMACHA MOTORCYCLE CODE
Sec. 801. Traffic Laws Apply to Person Operating Motorcycle or Motorized Bicycle
Sec. 802. Riding on a Motorcycle
Sec. 803. Operating Motorcycles on Roadways Laned for Traffic
Sec. 804. Clinging to Other Vehicles
Sec. 805. Footrests
Sec. 806. Equipment for Motorcycle Riders
Sec. 807. Motorcycle Equipment; Frame-Chassis Requirements
Sec. 808. Brakes
Sec. 809. Brakes on Motor-Driven Cycles
Sec. 810. Tires, Wheels and Rims Must Comply With the Louisiana Law Steering and Suspension Systems
Sec. 811. Fuel System
Sec. 812. Exhaust Systems - Prevention of Noise
Sec. 813. Mirror
Sec. 814. Fenders
Sec. 815. Seat or Saddle
Sec. 816. Chain Guard
Sec. 817. Vehicle Stand
Sec. 818. Horn
Sec. 819. Speedometer and Odometer
Sec. 820. Lighting Equipment
Sec. 821. Passenger Seat
CHAPTER 9. ALL TERRAIN VEHICLES
Sec. 901. Definitions
Sec. 902. Operation of All Terrain Vehicles
Sec. 903. Operation of ATV Upon Roadways
CHAPTER 10. ABANDONED AND IMPOUNDED VEHICLES
Sec.1000. Abandoned Vehicles
Sec.1001. Impoundment
Sec.1002. Disposition of Abandoned Vehicles
Sec.1003. Sale of Abandoned Vehicles
CHAPTER 11. MOTOR VEHICLE EQUIPMENT REQUIREMENTS
Sec.1101. When Lighted Lamps are Required
Sec.1102. Visibility Distance and Mounted Height of Lamps
Sec.1103. Headlamps on Motor Vehicle
Sec.1104. Tail Lamps
Sec.1105. Motor Vehicle to be Equipped With Reflectors
Sec.1106. Stop Lamps and Turn Signals Required on Motor Vehicles
Sec.1107. Additional Lighting Equipment
Sec.1108. Application of Succeeding Sections
Sec.1109. Additional Equipment Required on Certain Vehicles
Sec.1110. Color of Clearance Lamps, Side Marker Lamps, Back Up Lamps and Reflectors
Sec.1111. Mounting of Reflectors, Clearance Lamps and Marker Lamps
Sec.1112. Visibility of Reflectors, Clearance Lamps and Marker Lamps
Sec.1113. Obstructed Lights Not Required
Sec.1114. Lamp or Flag on Projecting Load
Sec.1115. Lamps on Parked Vehicle Title
Sec.1116. Lamps on Other Vehicles and Equipment
Sec.1117. Spot Lamps and Auxiliary Lamps
Sec.1118. Audible and Visual Signals on Vehicle
Sec.1119. Signal Lamps and Signal Devices
Sec.1120. Vehicular Hazard Warning Lights
Sec.1121. Multiple Beam Road Lighting Equipment
Sec.1122. Use of Multiple-Beam Road Lighting Equipment
Sec.1123. Special Restrictions on Lamps
Sec.1124. Brake Equipment Required
Sec.1125. Maintenance of Brakes
Sec.1126. Horn and Warning Device
Sec.1127. Muffler Prevention of Noise and Smoke
Sec.1128. Mirror
Sec.1129. Windshield Must be Unobstructed and Equipped with Wipers-Tinted Windows
Sec.1130. Restrictions on Tire Equipment
Sec.1131. Restrictions to Tire Equipment
Sec.1132. Safety Belts
Sec.1133. Child Restraint Devices - Penalty – Evidence
CHAPTER 12. EXPLOSIVE AND HAZARDOUS MATERIALS; OTHER SAFETY CONSIDERATIONS
Sec.1201. Vehicle Transporting Explosives Or Hazardous Material
Sec.1202. Vehicle to be Constructed to Prevent Shifting or Leaking Loads
Sec.1203. Drawbar or Connection Between Vehicles
Sec.1204. Air Conditioning Equipment
Sec.1205. Modification of Motor Vehicle
Sec.1206. Scope and Effect of Equipment Requirements
Sec.1207. Slow Moving Vehicles Required to Display Identification Emblem
Sec.1208. Alteration of Odometers or Other Mileage Recorders, Hour Meters on Tachometers or Other Hour Recorders
Sec.1209. Exemption for Certain Street Rod Vehicles
Title VIII - Housing Authority
CHAPTER 1. AUTHORITY
CHAPTER 2. DECLARATION OF NEED
CHAPTER 3. PURPOSES
CHAPTER 4. DEFINITIONS
CHAPTER 5. BOARD OF COMMISSIONERS
CHAPTER 6. POWERS
CHAPTER 7. OBLIGATIONS
CHAPTER 8. MISCELLANEOUS
CHAPTER 9. COOPERATION IN CONNECTION WITH PROJECTS
CHAPTER 10. APPROVAL BY SECRETARY OF THE INTERIOR
Title IX - Tribal Gov Corps and Tax
ARTICLE 1. GOVERNMENTAL CORPORATIONS CODE - CHITIMACHA TRIBE - CORPORATIONS AUTHORIZED
ARTICLE 2. PURPOSE, CONSTITUTIONAL AUTHORITY
ARTICLE 3. PRIVILEGES AND IMMUNITIES
ARTICLE 4. TRIBAL TAXATION
ARTICLE 5. SUBSIDIARY CORPORATION
ARTICLE 6. OWNERSHIP
ARTICLE 7. VOTING STOCK - ALIENATION
ARTICLE 8. ORGANIZATION
ARTICLE 9. POWERS, DURATION
ARTICLE 10. LANDS
ARTICLE 11. AGENT
ARTICLE 12. ASSETS
ARTICLE 13. AUDIT
ARTICLE 14. ANNUAL MEETING, ANNUAL REPORT
Title X - Election Rules and Regulations
PREAMBLE
CHAPTER 1. TRIBAL ELECTION
Sec. 101. Primary Election
Sec. 102. Runoff Elections
Sec. 103. Special Elections
CHAPTER 2. CHITIMACHA TRIBAL ELECTION BOARD
Sec. 201. Chitimacha Tribal Election Board Members
Sec. 202. Appointment of Members
Sec. 203. Election of Officers
Sec. 204. Duty of the Tribal Election Board Members to Election Process
Sec. 205. Chitimacha Tribal Election Board Meetings
Sec. 206. Chitimacha Tribal Election Board Duties
Sec. 207. Qualifications of Chitimacha Tribal Election Board Members
Sec. 208. Removal of Chitimacha Tribal Election Board Members
Sec. 209. Compensation for Chitimacha Tribal Election Board Members
Sec. 210. Resignation of a Chitimacha Tribal Election Board Member Who Files for Office
Sec. 211. Temporary Recusal of a Chitimacha Tribal Election Board Member Whose Immediate Family Member Files for Office
Sec. 212. Publication and Mailing of a Notice of Election
Sec. 213. Reimbursement for Training
CHAPTER 3. VOTER QUALIFICATIONS; REGISTRATION
Sec. 301. Persons Qualified to Vote
Sec. 302. Voter Registration
Sec. 303. Registration Forms
Sec. 304. List of Registered Voters
Sec. 305. Cancellation of Registration
Sec. 306. Change of Voter Registration Information
CHAPTER 4. QUALIFICATIONS OF CANDIDATES; FILINGS
Sec. 401. Eligible Candidates
Sec. 402. Candidate Filing and Filing Period
Sec. 403. Candidate May File for and Hold Only One Office
Sec. 404. Certificate of Candidacy
Sec. 405. Withdrawal of Candidacy
Sec. 406. Roster of Election Candidates
Sec. 407. Chitimacha Board of Education Candidates
CHAPTER 5. ELECTION PREPARATIONS
Sec. 501. Preparation of Forms, Notices, and Certifications
Sec. 502. Preparation of the Ballots
Sec. 503. Certification of Absentee Voting Ballot Boxes and Absentee Ballots
CHAPTER 6. CONDUCT OF ELECTIONS
Sec. 601. Exchange of Contact Information
Sec. 602. Polling Place; Hours of Voting
Sec. 603. Equipment and Supplies
Sec. 604. Ballot Boxes or Voting Machines
Sec. 605. Voting Booth
Sec. 606. Preparing and Closing of Polling Place
Sec. 607. Opening Ballot Boxes
Sec. 608. Prohibited Campaigning
Sec. 609. Security of Polling Place
Sec. 610. Confidentiality of Tribal Information
Sec. 611. Penalty
Sec. 612. Intoxicating Liquor Prohibited
Sec. 613. Voter Must Vote Ballots Issued Him/Her
Sec. 614. Procedure for Determining Eligibility
Sec. 615. Identification of Voter
Sec. 616. Signing of the Poll Book
Sec. 617. Manner of Voting
Sec. 618. Spoiled Ballots
Sec. 619. Procedure for Counting
Sec. 620. Formula for Determining Majority
Sec. 621. Tie Vote
Sec. 622. Retention of Ballot Boxes and Election Results
Sec. 623. Certifying Vote
Sec. 624. Recounts
Sec. 625. Election Disputes
Sec. 626. Oath of Office
Sec. 627. Administering Oath of Office
Sec. 628. Retention of Keys
CHAPTER 7. SPECIAL ELECTIONS
Sec. 701. Vacancies on Council
Sec. 702. Proclamation Required
Sec. 703. Special Elections on Tribal Questions
Sec. 704. Procedures
CHAPTER 8. ABSENTEE VOTING
Sec. 801. Qualified Voters
Sec. 802. Preparation of an Absentee Ballot Request Form
Sec. 803. How to Obtain an Absentee Ballot
Sec. 804. Roster of Absentee Voters
Sec. 805. Delivery of Absentee Ballots
Sec. 806. Cut-Off Date for Return of Absentee Ballots
Sec. 807. Record of Absentee Ballots
Sec. 808. Handling of Absentee Ballots
Sec. 809. Counting of Absentee Ballots
CHAPTER 9. DAYS DEFINED
CHAPTER 10. INTENT OF THIS ORDINANCE
SCHEDULE I – TITLE X, ELECTION VOTING MACHINES SYSTEM STANDARDS
Sec. 1. Voting Machine System Standards
Sec. 2. Voting Machine Operating and Storage Specifications
Title XI - Tribal Enrollment
SECTION 1. AUTHORITY
SECTION 2. ENROLLMENT ELIGIBILITY
SECTION 3. DETERMINING DEGREE OF CHITIMACHA BLOOD
SECTION 4. APPLICATIONS FOR ENROLLMENT
SECTION 5. DETERMINATION OF ENROLLMENT
SECTION 6. LOSS OF MEMBERSHIP
SECTION 7. RECORDS
SECTION 8. DUAL ENROLLMENT PROHIBITED
SECTION 9. APPLICATION FEES
Title XII - Gaming Ordinance
CHAPTER 1. FINDINGS
Sec. 101. The Tribal Council finds:
CHAPTER 2. DEFINITIONS
Sec. 201. Act
Sec. 202. Appurtenant Parking Facilities
Sec. 203. Class I Gaming.
Sec. 204. Class II Gaming
Sec. 205. Class III Gaming
Sec. 206. Compact
Sec. 207. Gaming Premises
Sec. 208. Gross Revenues
Sec. 209. Immediate Famil
Sec. 210. Manager
Sec. 211. National Indian Gaming Commission
Sec. 212. Net Revenues
Sec. 213. Reservation
Sec. 214. Secretary
Sec. 215. Slot Machines
Sec. 216. State
Sec. 217. Total Operating Expenses
Sec. 218. Traditional Forms of Indian Gaming
Sec. 219. Tribal Commission
Sec. 220. Tribal Council
Sec. 221. Tribe
CHAPTER 3. CLASS I GAMING
Sec. 301. Regulation of Class I Gaming
CHAPTER 4. CLASS II GAMING
Sec. 401. Regulation of Class II Gaming
Sec. 402. Ownership of Class II Gaming
Sec. 403. Licenses for Class II Gaming Activities
Sec. 404. License Fees and Duration of License
Sec. 405. Hearing on Application for a License
Sec. 406. Conditions of the Tribal License
Sec. 407. Assignment or Transfer
Sec. 408. Cancellation and Suspension
Sec. 409. Uses of Net Revenues of Gaming Activities
Sec. 410. Annual Outside Audit
Sec. 411. Reports to the Tribe
Sec. 412. Investigations, Oversight, and Licensing of Primary Management Officials and Key Employees of the Gaming Activity
Sec. 413. Management Contracts
Sec. 414. Criminal Penalties
CHAPTER 5. CLASS III GAMING
Sec. 501. Class III Gaming in Accordance with Compact with the Tribe
Sec. 502. Authorized Class III Games
Sec. 503. Class II Gaming Unaffected
Sec. 504. Management Agreements Authorized
Sec. 505. Sole Proprietary Interest in the Tribe
Sec. 506. Application of Net Revenues
Sec. 507. Audit Authorization
Sec. 508. Tribal Gaming Commission - Creation
Sec. 509. Tribal Commission - Terms of Office; Removal From Office
Sec. 510. Executive Director
Sec. 511 General Counsel
Sec. 512. Tribal Commission - Duties and Responsibilities
Sec. 513. Tribal Gaming Commission - Procedure
Sec. 514. Authorization to Tribal Commission to Adopt Regulations for Class III Gaming
Sec. 515. Authorization to Tribal Commission to Adopt Standards and Rules for Class III Games
Sec. 516. Authorization to Tribal Commission to Adopt Procedures for Class III Gaming
Sec. 517. Tribal Commission - Funding
Sec. 518. General Operation and Management Regulations
Sec. 519. Amendment and Revision of Class III Gaming Procedures, Standards, Rules and Regulations of Tribal State Compact
Sec. 520. Authority Given to State of Louisiana to Enforce Tribal-State Compact
Sec. 521. Territorial and General Jurisdiction
Sec. 522. Criminal Law Subject Matter Jurisdiction Within Gaming Premises and Appurtenant Parking Facilities
Sec. 523. Law Enforcement Authority Within the Gaming Premises and Appurtenant Parking Facilities
Sec. 524. Disposition of Tort Claims
Sec. 525. Conflict of Interest
CHAPTER 6. SELF-REGULATION OF GAMING ACTIVITIES
Sec. 601. Petition for Certificate of Self-Regulation
CHAPTER 7. NATIONAL INDIAN GAMING COMMISSION
Sec. 701. Authority of the Commission
Sec. 702. Failure to Cooperate with the Commission
Sec. 703. Commission regulations and guidelines superseding this Title
Sec. 704. Conformity to Compact
Title XIII - Real Estate
CHAPTER 1. LANDLORD AND TENANT PROCEEDINGS
Sec. 101. Jurisdiction
Sec. 102. Forcible Detainer or Eviction
Sec. 103. Notice To Quit
Sec. 104. Proceedings in Tribal Court
Sec. 105. Forcible Eviction
Sec. 106. Storage of Personal Property Following Forcible Eviction
Sec. 107. Definition of Lessee
CHAPTER 2. MORTGAGE OF REAL ESTATE AND FORECLOSURE PROCEDURE
Sec. 201. Jurisdiction
Sec. 202. Scope and Definitions
Sec. 203. Proceedings in Tribal Court
Sec. 204. Right to Cure Mortgage Foreclosure Default
Sec. 205. Injury to Property
Sec. 206. Foreclosure Sales
Sec. 207. Application of the Proceeds of Sale
CHAPTER 3.REAL ESTATE RECORDS
Sec. 301. Definitions
Sec. 302. Recording
Sec. 303. Certification
Sec. 304. Indexing
Title XIV - Tribal Licenses and Permits
CHAPTER 1. LIQUOR LICENSES AND PERMITS
Sec. 101. Conformity with State Law and This Ordinance
Sec. 102. Tribal License or Permit Required
Sec. 103. Application for Tribal Liquor License; Requirements
Sec. 104. Hearing on Application for Tribal Liquor License
Sec. 105. Temporary Permits
Sec. 106. Conditions of the Tribal License
Sec. 107. License Not a Property Right
Sec. 108. Assignment or Transfer
Sec. 109. Cancellation and Suspension
Sec. 110. Allocation of Fees
Sec. 111. Limitation of Liability for loss connected with Sale, Serving, or Furnishing of Alcoholic Beverages
Title XV - Environmental Code
CHAPTER 1. ANIMAL CONTROL PROVISIONS
Sec. 101. Definitions
CHAPTER 2. DESIGNATED TRIBAL OFFICIAL
Sec. 201. Animal Control Officer
CHAPTER 3. RULES AND REGULATIONS
Sec. 301. Rabies Vaccination
Sec. 302. Rabies Control and Bites Cases
Sec. 303. Prohibitions
Sec. 304. Humane Care of Animals
Sec. 305. Confinement of Diseased Animals
Sec. 306. Failure to Provide Humane Care - Impoundment of Animals
Sec. 307. Duty to Impound
Sec. 308. Owner Notification, Holding Time, Release of Animal, Adoption and Disposal of Animal
Sec. 309. Liability of Owner or Responsible Party for Animals
Sec. 310. Unwanted Animals
Sec. 311. Disposal of Live Animals
Sec. 312. Animals At Large
Sec. 313. Failure to Care For
Sec. 314. Disposition of an Impounded Animal
Sec. 315. Interference with Designated Officer and/or Agents
CHAPTER 4. PENALTIES
Sec. 401. Failure to Obey Rules and Regulations
Sec. 402. Investigations
Sec. 403. Citation/Summons to be Issued
Sec. 404. Applicable Fines
Sec. 405. Enhanced Penalty for Violation of Certification of Animal Control Compliance
Sec. 406. Failure To Appear
Sec. 407. Limitation of Enforcement of Penalties Against Caretakers
CHAPTER 5. MAINTENANCE OF TRIBAL LANDS
Sec. 501. Tribal Land Maintenance Officer
Sec. 502. Tall Grass and/or Weeds
Sec. 503. Burning of Debris Restricted
Sec. 504. Sewage Disposal Requirements
Sec. 505. Dismantled and/or Junked Vehicles, Engines, Motors and/or Appliances Prohibited
Sec. 506. Unsightly Litter, Trash, Debris, Garbage, Etc
CHAPTER 6. PENALTIES
Sec. 601. Citation/Summons
Sec. 602. Citation/Summons to be Issued
Sec. 603. Applicable Fines
Sec. 604. Failure To Appear
Sec. 605. Recovery of Costs
Title XVI - Commercial Code
CHAPTER 1. GENERAL PROVISIONS
PART 1. SHORT TITLE, CONSTRUCTION, APPLICATION AND SUBJECT MATTER OF THE ACT
Sec. 1-101. Short Title
Sec. 1-102. Scope
Sec. 1-103. Purposes; Rules of Construction
Sec. 1-104. Supplementary General Principles of Law
Sec. 1-105. Construction Against Implicit Repeal
Sec. 1-106. Territorial Application of the Title
Sec. 1-107. Remedies to Be Liberally Administered
Sec. 1-108. Waiver or Renunciation of Claim or Right After Breach
Sec. 1-109. Severability
Sec. 1-110. Administration of the Commercial Transactions; Regulations
PART 2. DEFINITIONS AND PRINCIPLES OF INTERPRETATION
Sec.1-201. General Definitions
Sec. 1-202. Prima Facie Evidence by Third Party Documents
Sec. 1-203. Obligation of Good Faith
Sec. 1-204 Notice
Sec. 1-205. Course of Dealing and Usage of Trade
Sec. 1-206. Performance or Acceptance Under Reservation of Rights
Sec. 1-207. Option to Accelerate at Will
Sec. 1-208. Subordinated Obligations
Sec. 1-209. Statute of Frauds for Kinds of Personal Property Not Otherwise Covered
CHAPTER 2. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER
Part 1. General Provisions
Sub-Part 1. Short Title
Sec. 2-101. Short Title
Sub-Part 2. Concepts
Sec. 2-102. Control Over Investment Property
Sub-Part 3. Applicability of Chapter
Sec. 2-103. Sufficiency of Description
Sec. 2-104. Policy and Scope of Chapter
Sec. 2-105. Transactions Excluded from Chapter
Sec. 2-106. Applicability of Other Statutes
PART 2. VALIDITY OF SECURITY AGREEMENT, ATTACHMENT OF SECURITY INTEREST, AND RIGHTS OF PARTIES TO SECURITY AGREEMENT
Sub-Part 1. Validity and Attachment
Sec. 2-201. General Validity of Security Agreement
Sec. 2-202. Title to Collateral Immaterial
Sec. 2-203. Attachment and Enforceability of Security Interest; Proceeds; Support Obligations; Formal Requisites
Sec. 2-204. After-Acquired Property; Future Advances
Sec. 2-205. Use or Disposition of Collateral Without Accounting Permissible
Sec. 2-206. Security Interest Arising in Purchase or Delivery of Financial Asset
Sub-Part 2. Validity and Attachment
Sec. 2-207. Rights and Duties When Collateral Is in Secured Party's Possession
Sec. 2-208. Request for Accounting, List of Collateral or Statement of Account
PART 3. PERFECTION OF SECURITY INTERESTS
Sub-Part 1. Law Governing Perfection and Priority
Sec. 2-301. Perfection and Priority of Certain Possessory and Nonpossessory Security Interests
Sec. 2-302. Perfection and Priority of Agricultural Liens
Sec. 2-303. Perfection and Priority of Security Interests in Goods Covered by a Certificate of Title
Sec. 2-304. Perfection and Priority of Security Interests in Deposit Accounts
Sec. 2-305. Perfection and Priority of Security Interests in Investment Property
Sec. 2-306. Perfection and Priority of Security Interest in Minerals
Sec. 2-307. Location of Debtor
Sub-Part 2. Perfection
Sec. 2-308. When Security Interest or Agricultural Lien is Perfected; Continuity of Perfection
Sec. 2-309. When Filing Is Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions of This Chapter Do Not Apply
Sec. 2-310. Perfection of Security Interest in Instruments, Documents, and Goods Covered by Documents; Perfection by Permissive Filing; Temporary Perfection Without Filing or Transfer of Possession.
Sec. 2-311. When Possession by Secured Party Perfects Security Interest Without Filing
Sec. 2-312. Perfection by Control
Sec. 2-313. Proceeds; Secured Party's Rights on Disposition of Collateral; Secured Party's Rights in Proceeds
Sec. 2-314. Perfection of Security Interest or Agricultural Lien Following Change in Applicable Law
Sub-Part 3. Priority
Sec. 2-315. Interests That Take Priority Over and Take Free of Unperfected Security Interests or Agricultural Lien
Sec. 2-316. Rights and Title of Consignee and Seller of Account or Chattel Paper With Respect to Creditors and Purchasers
Sec. 2-317. Protection of Buyers of Goods
Sec. 2-318. Lessees of Goods in Ordinary Course of Business
Sec. 2-319. Priorities Among Conflicting Security Interests and Agricultural Liens in the Same Collateral
Sec. 2-320. Future Advances
Sec. 2-321. Priority of Production Money Security Interests and Agricultural Liens
Sec. 2-322. Priority of Purchase Money Security Interests
Sec. 2-323. Priority of Security Interests in Transferred Collateral
Sec. 2-324. Priority of Security Interests Created by New Debtor
Sec. 2-325. Priority of Security Interests in Investment Property
Sec. 2-326. Priority of Security Interests in Deposit Accounts
Sec. 2-327. Priority of Security Interests in Letters of Credit
Sec. 2-328. Purchase of Chattel Paper and Instruments
Sec. 2-329. Rights of Purchasers of Instruments, Documents and Securities Under Other Law
Sec. 2-330. Transfer of Money; Transfer of Funds From Deposit Account
Sec. 2-331. Priority of Certain Liens Arising by Operation of Law
Sec. 2-332. Priority of Security Interests in Fixtures
Sec. 2-333. Accessions
Sec. 2-334. Priority When Goods Are Commingled or Processed
Sec. 2-335. Priority of Security Interest in Goods Covered by a Certificate of Title
Sec. 2-336. Priority of Security Interest Perfected by Effective Financing Statement Containing Incorrect Information
Sec. 2-337. Priority Subject to Subordination
Sec. 2-338. Effectiveness of Right of Recoupment or Set-off Against Deposit Account
Sec. 2-339. Depositary Institution's Right to Dispose of Funds in Deposit Account
PART 4. RIGHTS OF THIRD PARTIES
Sec. 2-401. Alienability of Debtor's Rights; Judicial Process
Sec. 2-402. Secured Party Not Obligated on Contract of Debtor
Sec. 2-403. Agreement Not to Assert Defenses Against Assignee; Modification of Sales Warranties Where Security Agreement Exists
Sec. 2-404. Rights Acquired by Assignee; Defenses Against Assignee; Modification of Contract; Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Term Prohibiting Assignment Ineffective
Sec. 2-405. Restrictions on Assignment of Certain General Intangibles Ineffective
PART 5. FILING
Sub-Part 1. Place of Filing, Contents and Effectiveness of Financing Statement
Sec. 2-501. Place of Filing
Sec. 2-502. Contents of Financing Statement; Mortgage as Financing Statement; Time of Filing Financing Statement
Sec. 2-503. Name of Debtor and Secured Party
Sec. 2-504. Indication of Collateral
Sec. 2-505. Filing and Compliance With Other Statutes and Treaties for Consignments, Leases, Bailments, and Other Transactions
Sec. 2-506. Effect of Minor Errors
Sec. 2-507. Effect of Certain Changes on Effectiveness of Financing Statement
Sec. 2-508. Authorization of Financing Statement; Liability for Unauthorized Filing
Sec. 2-509. Amendment of Financing Statement
Sec. 2-510. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement
Sec. 2-511. Termination Statement
Sec. 2-512. Assignment of Rights Under Financing Statement
Sec. 2-513. Multiple Secured Parties of Record
Sec. 2-514. Successor of Secured Party
Sec. 2-515. What Constitutes Filing a Record; Effectiveness of Filing
Sec. 2-516. Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement
Sec. 2-517. Contents of Continuation Statement
Sec. 2-518. Effect of Indexing Errors
Sec. 2-519. Claim Concerning Inaccurate or Wrongfully Filed Record; Failure to Send or File Termination Statement
Sub-Part 2. Duties and Operation of Filing Office
Sec. 2-520. Numbering, Maintaining, and Indexing Records
Sec. 2-521. Acceptance and Refusal to Accept Record
Sec. 2-522. Lapsed Financing Statements
Sec. 2-523. Information From Filing Office
Sec. 2-524. Assignment of Functions to Third Party
Sec. 2-525. Fees
Sec. 2-526. Administrative Rules
PART 6. DEFAULT
Sub-Part 1. Default and Enforcement of Security Interest
Sec. 2-601. Default and Enforcement of Security Interest
Sec. 2-602. Waiver and Variance of Rights and Duties
Sec. 2-603. Agreement on Standards Concerning Rights and Duties
Sec. 2-604. Procedure if Security Agreement Covers Real Property of Fixtures
Sec. 2-605. Time of Default for Agricultural Lien
Sec. 2-606. Collection Rights of Secured Party
Sec. 2-607. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus
Sec. 2-608. Secured Party's Right to Take Possession After Default
Sec. 2-609. Disposition of Collateral After Default
Sec. 2-610. Persons Entitled to Notification Before Disposition of Collateral
Sec. 2-611. Timeliness of Notification Before Disposition of Collateral
Sec. 2-612. Contents and Form of Notification Prior to Disposition of Collateral
Sec. 2-613. Application of Proceeds of Disposition; Liability for Deficiency and Rights to Surplus
Sec. 2-614. Rights of Transferee of Collateral
Sec. 2-615. Rights and Duties of Certain Persons Liable to Secured Party
Sec. 2-616. Transfer of Record or Legal Title
Sec. 2-617. Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral
Sec. 2-618. Notification of Proposal to Accept Collateral
Sec. 2-619. Effect of Acceptance of Collateral
Sec. 2-620. Rights to Redeem Collateral
Sec. 2-621. Reinstatement of Obligation Secured Without Acceleration
Sec. 2-622. Waiver of Agreement by Debtor or Consumer Obligor
Sub-Part 2. Noncompliance With This Chapter
Sec. 2-623. Remedies for Secured Party's Failure to Comply With This Chapter
Sec. 2-624. Action in Which Deficiency or Surplus is at Issue
Sec. 2-625. Determination of Whether Conduct Was Commercially Unreasonable
Sec. 2-626. Nonliability of Secured Party in Certain Circumstances; Liability of Secondary Obligor
Sec. 2-627. Attorney's Fees in Consumer Secured Transactions
PART 7. JUDICIAL PROCEDURE
Sec. 2-701. One Action to Foreclose Security Interest
Sec. 2-702. Action to Foreclose Interest in Personal Property
Sec. 2-703. Right of Attachment
Sec. 2-704. Conduct of Sale
Sec. 2-705. Return on Sale
Title XVII - Limited Liability Code
ARTICLE 1. GENERAL PROVISIONS
Sec. 101. Definitions
Sec. 102. Knowledge and Notice
Sec. 103. Effect of Operating Agreement; Nonwaivable Provisions
Sec. 104. Name
Sec.105. Designated Office and Agent for Service of Process
Sec. 106. Change of Designated Office or Agent for Service of Process
Sec. 107. Resignation of Agent for Service of Process.
Sec. 108. Service of Process
Sec. 109. Nature of Business and Powers
ARTICLE 2. ORGANIZATION
Sec. 201. Limited Liability Company as Legal Entity
Sec. 202. Organization
Sec. 203. Articles of Organization
Sec. 204. Amendment or Restatement of Articles of Organization
Sec. 205. Signing of Records
Sec. 206. Filing in Office of Tribal Clerk of Court
Sec. 207. Correcting Filed Record
Sec. 208. Certificate of Existence or Authorization
Sec. 209. Liability for False Statement in Filed Record
Sec. 210. Annual Report for Tribal Clerk of Court
ARTICLE 3. RELATIONS OF MEMBERS AND MANAGERS TO PERSONS DEALING WITH LIMITED LIABILITY COMPANY
Sec. 301. Agency of Members and Managers
Sec. 302. Limited Liability Company Liable for Member's or Manager's Actionable Conduct
Sec. 303. Liability of Members and Managers
ARTICLE 4. RELATIONS OF MEMBERS TO EACH OTHER AND TO LIMITED LIABILITY COMPANY
Sec. 401. Form of Contribution
Sec. 402. Member's Liability for Contributions
Sec. 403. Member's and Manager's Rights to Payments and Reimbursement
Sec. 404. Management of Limited Liability Company
Sec. 405. Sharing of and Right to Distributions
Sec. 406. Limitations on Distributions
Sec. 407. Liability for Unlawful Distributions
Sec. 408. Member's Right to Information
Sec. 409. General Standards of Member's and Manager's Conduct
Sec. 410. Actions by Members
Sec. 411. Continuation of Term Company After Expiration of Specified Term
ARTICLE 5. TRANSFEREES AND CREDITORS OF MEMBER
Sec. 501. Member's Distributional Interest
Sec. 502. Transfer of Distributional Interest
Sec. 503. Rights of Transferee
Sec. 504. Rights of Creditor
ARTICLE 6. MEMBER'S DISSOCIATION
Sec. 601. Events Causing Member's Dissociation
Sec. 602. Member's Power to Dissociate; Wrongful Dissociation
Sec. 603. Effect of Member's Dissociation
ARTICLE 7. MEMBER'S DISSOCIATION WHEN BUSINESS NOT WOUND UP
Sec. 701. Company Purchase of Distributional Interest
Sec. 702. Court Action to Determine Fair Value of Distributional Interest
Sec. 703. Dissociated Member's Power to Bind Limited Liability Company
ARTICLE 8. WINDING UP COMPANY'S BUSINESS
Sec. 801. Events Causing Dissolution and Winding Up of Company's Business
Sec. 802. Limited Liability Company Continues After Dissolution
Sec. 803. Right to Wind Up Limited Liability Company's Business
Sec. 804. Articles of Termination
Sec. 805. Distribution of Assets in Winding Up Limited Liability Company's Business
Sec. 806. Grounds for Administrative Dissolution
Sec. 807. Procedure for and Effect of Administrative Dissolution
Sec. 808. Reinstatement Following Administrative Dissolution
ARTICLE 9. MISCELLANEOUS PROVISIONS
Sec. 901. Chitimacha Tribe as Member
Sec. 902. Jurisdiction
Sec. 903. Short Title
Title XVIII - Tribal Bond Legislation
Sec. 101. Obligations
Title XIX - Abandoned Property Code
CHAPTER 1. DEFINITIONS
Sec. 101. Scope
Sec. 102. Definitions
CHAPTER 2. ABANDONED PROPERTY
Sec. 201. On the Gaming Enterprise Site
Sec. 202. On the Chitimacha Reservation
Sec. 203. Procedure if Unclaimed
CHAPTER 3. ESCHEAT OF ABANDONED FUNDS
Sec. 301. Presumption of Abandonment
Sec. 302. Duties of Holder of Abandoned Funds
Sec. 303. Disposition of Funds Received by Chitimacha Tribal Council or Designee
Sec. 304. Claims for Abandoned Funds
Title XX - Foreign Judgments, Wage Executions, and Subpoenas
CHAPTER 1. RECOGNITION OF FOREIGN JUDGMENTS
Sec. 101. Definitions
Sec. 102. Presumed Validity. Reciprocity
Sec. 103. Filing of Foreign Judgment. Enforcement
Sec. 104. Notification
Sec. 105. Stay of Proceedings, Modifications, Hearings
Sec. 106. Enforceability
CHAPTER 2. WAGE EXECUTIONS
Sec. 201. Application
Sec. 202. Installment Payment Order
Sec. 203. Amount Subject to Levy
Sec. 204. Issuance
Sec. 205. Contents
Sec. 206. Service
Sec. 207. Expiration of Wage Execution
Sec. 208. Employer Responsibilities
Sec. 209. Modification
Sec. 210. Assignment of Income
Sec. 211. Other Attachment
CHAPTER 3. SUBPOENAS DIRECTED TO THE CHITIMACHA TRIBE OF LOUISIANA, ITS ENTITIES FOR APPEARANCE OR PRODUCTION OF DOCMENTS
Sec. 301. Issuance
Sec. 302. Requirements
Sec. 303. Service
Sec. 304. Objection
Sec. 305. Service upon Governmental Authority
Sec. 306. Deposition
Sec. 307. Testimony
Title XXI - Estate Planning and Probate Law
CHAPTER 1. GENERAL ESTATE PLANNING AND PROBATE PROVISIONS
Sec. 101. Purpose
Sec. 102. Definitions
Sec. 103. Jurisdiction
Sec. 104. Control of Funeral Arrangements
Sec. 105. Indian Custom and Tradition Distribution of Indian Finery and Artifacts
Sec. 106. Effect of Fraud and Evasion
Sec. 107. Evidence as to Death or Status
Sec. 108. Practice in Court
Sec. 109. Judicial Powers and Duties
Sec. 110. Numerical Index, Records and Certified Copies
Sec. 111. Jury Trial
Sec. 112. Oath or Affirmation on Filed Documents
Sec. 113. Notice
Sec. 114. Renunciation of Succession
Sec. 115. Effect of Divorce, Annulment, and Decree of Separation
Sec. 116. Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designation
Sec. 117. Simultaneous Death Provisions
CHAPTER 2. WILLS
Sec. 201. Who May Make A Will
Sec. 202. Execution
Sec. 203. Holographic Will
Sec. 204. Oral Wills
Sec. 205. Self-Proved Will-Form
Sec. 206. Who May Witness
Sec. 207. Choice of Law as to Execution
Sec. 208. Revocation by Writing or by Act
Sec. 209. Revocation by Divorce; No Revocation by Other Changes of Circumstances
Sec. 210. Revival of Revoked Will
Sec. 211. Incorporation by Reference
Sec. 212. Events of Independent Significance
Sec. 213. Rules of Construction and Intention
CHAPTER 3. INTESTATE SUCCESSION
Sec. 301. Intestate Succession
Sec. 302. Share of the Spouse
Sec. 303. Share of Heirs Other Than Surviving Spouse
Sec. 304. No Taker
Sec. 305. Representation
Sec. 306. Posthumous Persons
Sec. 307. Kindred of Half Blood; Stepchildren; Foster Children
Sec. 308. Divorce
Sec. 309. Determination of Relationship of Parent and Child
CHAPTER 4. FAMILY RIGHTS/PROTECTION
Sec. 401. Omitted Spouse
Sec. 402. Pretermitted Children
Sec. 403. Homestead Allowance
Sec. 404. Exempt Property
Sec. 405. Family Allowance
Sec. 406. Source, Determination, and Documentation
Sec. 407. Dwelling Exemption
Sec. 408. Summary Probate of Exempt Estates
Sec. 409. Settlement of Small Estates without Probate of Will or Letters of Administration
Sec. 410. Order of Payment of Claims, Expenses and Taxes
CHAPTER 5. INHERITANCE BY NON-INDIANS/FRACTIONATED HEIRSHIP
Sec. 501. Incorporation by Reference of Article IV of the Constitution and Bylaws of the Chitimacha Tribe of Louisiana (Assignment of Tribal Lands)
ARTICLE IV - ASSIGNMENT OF TRIBAL LANDS
Sec. 502. Clarification of Article IV of the Constitution and Bylaws of the Chitimacha Tribe of Louisiana (Assignment of Tribal Lands)
Sec. 503. Restrictions on Inheritance of Individual Trust/Restricted Lands by Non-Indians
Sec. 504. Escheat of Certain Fractionated Interests
CHAPTER 6. ADMINISTRATION OF INTESTATE ESTATES
Sec. 601. Petition
Sec. 602. Administration of Intestate Estate
Sec. 603. Appointment of Administrator
Sec. 604. Oath of Administrator; Letters of Administration
Sec. 605. Notice to Creditors
Sec. 606. Payment of Creditors
Sec. 607. Accounting
Sec. 608. No Taker/Escheat To Tribe
Sec. 609. Advancements
Sec. 610. Debts to Decedent
Sec. 611. Distribution; Closing Estate
CHAPTER 7. PROBATE OF WILLS
Sec. 701. Duty to Present Will for Probate
Sec. 702. Proving, Contesting and Admitting Will
Sec. 703. Petition for Letters Testamentary
Sec. 704. Qualification of Executor
Sec. 705. Appointment of Executor
Sec. 706. Duties of Executor; Bond
Sec. 707. Creditors
Sec. 708. Accounting
Sec. 709. Distribution; Closing Estate
Sec. 710. Distribution; Order in which Assets Appropriated; Abatement
Sec. 711. Property Discovered After Estate Closed
CHAPTER 8. DECLARATIONS CONCERNING LIFE-SUSTAINING PROCEDURES
Sec. 801. Purpose, Findings and Intent
Sec. 802. Definitions
Sec. 803. Making of Declaration; Notification; Illustrative Form; Registry
Sec. 804. Revocation of Declaration
Sec. 805. Procedure for Making a Declaration for a Qualified Patient Who Has Not Previously Made a Declaration
Sec. 806. Making a Declaration for the Benefit of a Terminally Ill Minor
Sec. 807. Physician, Health Care Provider, Certified Emergency Technician, and Certified First Responder Responsibility
Sec. 808. Immunity from Liability
Sec. 809. Penalties
Sec. 810. Making a Durable Health Care Power of Attorney
Sec. 811. General Application
Title XXII - Sex Offender Registry Code
CHAPTER 1. GENERAL MATTERS
Sec. 101 Title 1
Sec. 102 Introduction
Sec. 103 Previous Code Superseded
CHAPTER 2. TERMINOLOGY
Sec. 201 Applicability
Sec. 202 Definitions
CHAPTER 3. COVERED OFFENSES
Sec. 301 Description of Registrants
Sec. 302 Tribal Offenses
Sec. 303 Federal Offenses
Sec. 304 Foreign Offenses
Sec. 305 Military Offenses
Sec. 306 Juvenile Offenses or Adjudications
Sec. 307 Jurisdiction Offenses
Sec. 308 Sex Offenses
CHAPTER 4. TIERED OFFENSES
Sec. 401 Tier 1 Offenses
Sec. 402 Tier 2 Offenses
Sec. 403 Tier 3 Offenses
CHAPTER 5. REGISTRATION
Sec. 501 Duties
Sec. 502 Jurisdictions
Sec. 503 Registrations Frequencies
Sec. 504 Timing of Registration
Sec. 505 Retroactive Registration
Sec. 506 Failure to Appear for Registration and Absconding
Sec. 507 Keeping Registration Current
CHAPTER 6. REQUIRED INFORMATION
Sec. 601 General Requirements
Sec. 602 Name
Sec. 603 Social Security Number
Sec. 604 Date of Birth
Sec. 605 Physical Description
Sec. 606 Vehicle Information
Sec. 607 Residence Address
Sec. 608 Temporary Lodging
Sec. 609 Phone Numbers
Sec. 610 Internet Identifiers
Sec. 611 Employment Information
Sec. 612 School
Sec. 613 Professional Licensing Information
Sec. 614 Offense Information
Sec. 615 Victim Information
Sec. 616 Sex Offense
Sec. 617 Criminal History
Sec. 618 DNA Sample
Sec. 619 Driver’s Licenses, Identification Cards, Passports, and Immigration Documents
Sec. 620 Finger and Palm Prints
Sec. 621 Picture
Sec. 622 Registration Form
CHAPTER 7. WHEN A JURISDICTION HAS INFORMATION THAT A SEX OFFENDER MAY HAVE ABSCONDED
Sec. 701 Jurisdiction
CHAPTER 8. PUBLIC SEX OFFENSE REGISTRY WEBSITE
Sec. 801 Website
Sec. 802 Required and Prohibited Information
Sec. 803 Community Notification
CHAPTER 9. CRIMES AND CIVIL SANCTIONS
Sec. 901 Penalties
[Table of Contents created by NILL in June 2022, based on materials available on tribe's website.]