Confederated Tribes of the Chehalis Reservation - Tribal Code
Current Through: April 16, 2024
The tribes make their code available online. The link below will take you to the version of the code available at tribe's website and at the Code Publishing Co. website.
Full-text of Tribal Code on Code Publishing website.
Table of Contents
Title 1 GENERAL PROVISIONS
1.01 Code Adoption (Reserved)
1.05 General Provisions
1.05.010 Definitions.
1.05.020 Rules of construction.
1.05.030 Fees, penalties and fines.
1.05.040 Sovereign immunity.
1.05.050 Jurisdiction.
1.05.060 Severability.
Title 2 TRIBAL AFFAIRS AND ADMINISTATION
2.05 Enrollment
2.05.010 Title.
2.05.020 Purpose.
2.05.030 Definitions.
2.05.040 Eligibility criteria.
2.05.050 Filing an application for enrollment.
2.05.060 Processing an application for enrollment.
2.05.070 Loss of membership.
2.05.080 Eligible appellants.
2.05.090 Timing of appeal.
2.05.100 Filing an appeal.
2.05.110 Handling of appeal – Exclusive remedy.
2.05.115 Enrollment appeals.
2.05.130 Records – Contents of individual folders.
2.05.140 Access to records.
2.05.150 Updating records.
2.05.160 Degree of Tribal blood – Initial computation.
2.05.170 Changing blood degree.
2.05.180 Amendments.
2.10 Elections
2.10.010 Election Committee.
2.10.020 Eligible voters.
2.10.030 Tribal Business Committee – Election – Officers.
2.10.040 Tribal Business Committee – Election – Nomination.
2.10.050 Absentee ballots.
2.10.060 Voter registration.
2.10.070 Polling place – Hours.
2.10.080 Voting.
2.10.090 Elections – Security.
2.10.100 Tie votes – Run-off election.
2.10.110 Election – Counting ballots – Certification.
2.10.120 Election – Challenge.
2.10.130 Election – Disputes.
2.10.140 Tribal officers – Transition.
2.10.150 Voters list.
2.15 Tribal Employment Preference and Rights
2.15.010 Tribal employment preference.
2.15.020 Business Committee findings.
2.15.030 Definitions.
2.15.040 Registration of labor organizations.
2.15.050 Business agent licensing.
2.15.060 Freedom of choice guaranteed.
2.15.070 Violations.
2.15.080 Penalties.
2.15.090 Civil remedies.
2.20 Exclusion
2.20.010 Purpose.
2.20.020 Jurisdiction.
2.20.030 Who may be excluded.
2.20.040 Definitions.
2.20.050 Grounds for removal and exclusion.
2.20.060 Petition for exclusion – Who may file.
2.20.070 Petition – Contents.
2.20.080 Notice of hearing.
2.20.090 Defective petition.
2.20.100 Time of hearing.
2.20.110 Refusal/failure to accept service.
2.20.120 Conduct of hearing.
2.20.130 Standard for decision.
2.20.140 Order of exclusion.
2.20.150 Order of exclusion – Service.
2.20.160 Continuance, failure to appear.
2.20.170 Order of exclusion – Enforcement.
2.20.180 Emergency removals – Grounds.
2.20.190 Notice of opportunity to request hearing.
2.20.200 Hearings on emergency removals.
2.20.210 Who may appeal.
2.20.220 Rules for appeal.
2.20.230 Dissemination of a list of individuals excluded and/or permanently excluded from the Reservation.
2.25 Committees
2.25.010 Introduction.
2.25.020 Creation and organization of committees.
2.25.030 Responsibilities and authority of committees.
2.25.040 Applicability.
2.30 Legislative Procedures
2.30.010 Findings.
2.30.020 Definitions.
2.30.030 Proposals initiated.
2.30.040 Determination of substantive or technical changes.
2.30.050 Working draft format.
2.30.060 Legal review of working draft.
2.30.070 Working draft sent to Business Committee for review.
2.30.080 Public notice and comment.
2.30.090 Final draft.
2.30.100 Business Committee vote on final draft.
2.30.110 Emergency interim legislation.
2.30.120 Emergency interim legislation initiated.
2.30.130 Legal review of emergency interim legislation.
2.30.140 Vote.
2.30.150 Expiration of emergency interim legislation.
2.30.160 Incorporation of new law into the Chehalis Tribal Code.
2.30.170 Notice to public of enactment.
2.30.180 Notice and publication of emergency interim legislation.
2.30.190 Referendum.
2.30.200 Effect of rules.
2.35 Emergency Powers
2.35.010 Findings.
2.35.020 Definitions.
2.35.030 Proclamations – Generally – Declaration of emergency.
2.35.040 Succession of emergency executive authority.
2.35.050 Declaration of emergency – Powers of chairman or the successor identified in CTC 2.35.040 pursuant to proclamation.
2.35.060 Emergency purchase authority after declaration of emergency.
Title 3 COURTS AND PROCEDURES
3.05 General Provisions
3.05.010 Purpose.
3.05.020 Establishment of the Tribal Court.
3.05.030 Definitions.
3.05.040 Tribal Court – Judicial power.
3.05.050 Tribal Court – Jurisdiction.
3.10 Judges – Rules of Judicial Conduct
3.10.010 Number of judges.
3.10.020 Appointment and term of office.
3.10.030 Qualifications for judges.
3.10.040 Removal of judges.
3.10.050 Removal of judges – Procedure.
3.10.060 Conflict of interest.
3.10.070 Procedure to request disqualification.
3.10.080 Judicial officer.
3.10.090 Scope of rules of judicial conduct.
3.10.100 Judicial conduct – Generally.
3.10.110 No outside discussion of cases.
3.10.120 Informal contacts with law enforcement to be avoided.
3.10.130 Disqualification for conflicts of interest.
3.10.140 Independence of the Court.
3.15 Court Administration
3.15.010 Court Clerk.
3.15.020 Court Clerk – Duties.
3.15.030 Court Clerk – Authority.
3.15.040 Court records – Generally.
3.15.050 Records – Removal by permission only.
3.15.060 Access to Court records.
3.15.070 Documents filed with the Clerk.
3.15.080 Documents given to other parties.
3.15.090 Service of complaints.
3.15.100 Orders given to parties.
3.15.110 Computation of time – Generally.
3.15.120 Computation of time – Mailing.
3.15.130 Extension of time.
3.15.140 Right to a spokesperson.
3.15.150 Prosecutor.
3.15.160 Spokespersons – Qualifications.
3.15.170 Spokesperson’s oath.
3.15.180 Roster of spokespersons.
3.15.190 Bar admission fee.
3.15.200 Copies of laws available.
3.15.210 Disbarment – Generally.
3.15.220 Disbarment – Complaint.
3.15.230 Disbarment – Hearing.
3.15.240 Appeal from disbarment.
3.15.250 Conduct of Court sessions.
3.15.260 Courtroom order.
3.15.270 Sessions – Site.
3.15.280 Schedule.
3.15.290 Civil contempt power.
3.15.300 Sanctions for civil contempt.
3.15.310 Criminal contempt.
3.15.320 Summary disposition.
3.15.330 Default on fine.
3.15.340 Right to jury trial.
3.15.350 Eligibility of jurors.
3.15.360 Excuse from jury duty.
3.15.370 Request for jury trial.
3.15.380 Jury panel – Clerk to summon.
3.15.390 Challenges.
3.15.400 Fees.
3.15.410 Jury instructions.
3.15.420 Jury – Deliberation.
3.15.430 Jury – Decision.
3.15.440 Right to compel witnesses to appear.
3.15.450 Summons – Generally.
3.15.460 Summons – Signature.
3.15.470 Summons – Content.
3.15.480 Summons – Service.
3.15.490 Summons – Return.
3.15.500 Failure to obey summons.
3.15.510 Witness fees.
3.15.520 Costs – Generally.
3.15.530 Costs – How computed.
3.20 Rules of Evidence
3.20.010 Admissible evidence.
3.20.020 Reliability.
3.25 Civil Procedures
3.25.010 Short title.
3.25.020 Applicability.
3.25.030 Purpose and construction.
3.25.040 Relief allowed.
3.25.050 Statute of limitations.
3.25.060 Survival of actions.
3.25.070 Commencement of civil actions.
3.25.080 Summons.
3.25.090 Service of process.
3.25.100 Long arm service.
3.25.110 Answer.
3.25.120 Amendment of pleadings.
3.25.130 Service and signing of pleadings and papers.
3.25.140 Motions.
3.25.150 Preliminary relief.
3.25.160 Discovery.
3.25.170 Pretrial conference.
3.25.180 Orders to show cause.
3.25.190 Trials.
3.25.200 Burden of proof.
3.25.210 Evidence.
3.25.220 Subpoenas.
3.25.230 Judgments.
3.25.240 Default judgment.
3.25.250 Reconsideration.
3.25.260 Enforcement of judgments.
3.25.270 Types of execution.
3.25.280 Exemptions.
3.25.290 Sale procedure.
3.25.300 Enforcement of foreign judgments.
3.25.310 Rules not announced.
3.30 Criminal Procedures
3.30.010 Purpose.
3.30.020 Declaration of policy.
3.30.030 Definitions.
3.30.040 Concurrent jurisdiction.
3.30.050 Criminal complaint.
3.30.060 Complaint – Contents.
3.30.070 Arrest warrant or summons based on complaint.
3.30.080 Filing complaint after warrantless arrest.
3.30.090 Dismissal/withdrawal of complaints.
3.30.100 Statute of limitations.
3.30.110 Arrest.
3.30.120 Arrest warrants.
3.30.130 Bench warrants.
3.30.140 Notification of rights at time of arrest.
3.30.150 Summons in lieu of warrant.
3.30.160 Search warrants to issue.
3.30.170 Execution and return of warrants.
3.30.180 Search without a warrant.
3.30.190 Disposition of seized property.
3.30.200 Arraignment – Time.
3.30.210 Rights of accused at arraignment.
3.30.220 No motions for disqualification at arraignment.
3.30.230 Plea entry.
3.30.240 Bail/release prior to trial.
3.30.250 No bail.
3.30.260 No-bail hearings.
3.30.270 Withdrawal of guilty plea.
3.30.280 Appearance of attorneys/counsel.
3.30.290 Subpoenas.
3.30.300 Service of subpoenas.
3.30.310 Failure to obey subpoenas.
3.30.320 Conduct of trial.
3.30.330 Court procedures applicable.
3.30.340 Final argument.
3.30.350 Burden of proof.
3.30.360 Verdicts.
3.30.370 Sentencing.
3.30.380 Classification of penalties.
3.30.390 Use of prior convictions in sentencing.
3.30.400 Credit for time served.
3.30.410 Defendant present.
3.30.420 Mandatory restitution.
3.30.430 Time payments.
3.30.440 Community service hours.
3.30.450 Suspended sentences – Limitations.
3.30.460 Probation.
3.30.470 Violation of probation.
3.30.480 Parole.
3.30.490 Request for deferred prosecution.
3.30.500 Drug and alcohol evaluation.
3.30.510 Court order based on evaluation report.
3.30.520 Admissibility of evidence.
3.30.530 Failure to comply with conditions.
3.30.540 Effect of subsequent convictions.
3.30.550 Charges to be dismissed after two years.
3.30.560 Effect of defendant’s delay.
3.30.570 Amendment.
3.35 Appellate Rules
3.35.010 Scope of chapter.
3.35.020 Establishment of Court of Appeals.
3.35.030 Composition of the Court.
3.35.040 Chief judge.
3.35.050 Conflict of interest.
3.35.060 Appeal from final orders.
3.35.070 Appeal from orders not yet final.
3.35.080 Scope of the review.
3.35.090 Notice of appeal.
3.35.100 Filing fee.
3.35.110 Content of notice of appeal.
3.35.120 Notice of appeal – Service.
3.35.130 Acceptance of review of appeals from final orders.
3.35.140 Three-judge review of decision to dismiss appeal from final order.
3.35.150 Acceptance of review for appeal by permission.
3.35.160 Automatic stay – Exception.
3.35.170 Release in criminal cases.
3.35.180 Bond.
3.35.190 Preparation of the record.
3.35.200 Cost of preparing the record.
3.35.210 Motions.
3.35.220 Filing briefs.
3.35.230 Content of appellant’s brief.
3.35.240 Respondent’s brief.
3.35.250 Hearing – Scheduling.
3.35.260 Hearing – Conduct.
3.35.270 Additional evidence.
3.35.280 Form of judgment.
3.35.290 Written opinion.
3.35.300 Costs.
3.35.310 Bill of costs.
3.35.320 Violation of rule.
3.35.330 Damages for frivolous appeal.
3.40 Court Proceedings Involving Juveniles
3.40.010 Definitions.
3.40.020 Notice.
3.40.030 Rights of juveniles.
3.40.040 Hearings to be closed – Parents’ presence required.
3.40.050 Records.
3.40.060 Age of capacity.
3.40.070 Sentencing of minor defendants.
3.40.080 Other rules applicable.
3.40.090 Child witnesses – In-court testimony.
Title 4 LAW AND ORDER – CRIMINAL CODE
Division I. General Offenses
4.05 General Provisions
4.05.010 Title.
4.05.020 Authority.
4.05.030 Jurisdiction.
4.05.040 Tribal custom.
4.05.050 Terms.
4.05.060 Definitions.
4.05.070 Capacity.
4.05.080 Amendment.
4.10 Offenses against the Person
4.10.010 Criminal homicide.
4.10.020 Rape.
4.10.030 Kidnapping.
4.10.040 Assault.
4.10.050 Battery.
4.10.060 Reckless endangerment.
4.10.070 Unlawful imprisonment.
4.10.080 Robbery.
4.10.090 Indecent liberties.
4.10.100 Intimidation.
4.10.110 Contributing to the criminal act of a minor.
4.10.120 Reserved.
4.10.130 Sex and kidnapping offenders – Registration – Information required.
4.10.140 Sex and kidnapping offender registration – Deadlines.
4.10.150 Sex and kidnapping offenders – Failure to register.
4.10.160 Sex and kidnapping offenders – Notice to Tribal Law Enforcement – Application for registration information changes.
4.10.170 Violation – Penalties.
4.10.180 Sex offenders and kidnapping offenders – Release of information to public – When authorized – Immunity.
4.10.190 Registration of sex offenders and kidnapping offenders – End of duty to register.
4.10.200 Mandatory testing.
4.10.210 Confidentiality.
4.10.220 Refusal to submit to testing (non-Tribal member).
4.10.230 Refusal to submit to testing (Tribal member).
4.15 Property-Related Offenses
4.15.010 Arson.
4.15.020 Burglary.
4.15.030 Fraud.
4.15.040 Obtaining a signature by deception or duress.
4.15.050 Criminal impersonation.
4.15.060 Extortion.
4.15.070 Desecration of religious sites.
4.15.080 Trespass.
4.15.090 Theft.
4.15.100 Unlawful issuance of checks.
4.15.110 Receiving stolen property.
4.15.120 Vandalism/unauthorized use.
4.15.130 Forgery.
4.15.140 Obscuring the identity of a machine.
4.15.150 Cutting timber without a permit.
4.15.160 Unauthorized use of Tribal identification card.
4.20 Alcohol-Related Offenses
4.20.010 Driving while under the influence.
4.20.020 Actual physical control.
4.20.030 Liquor violations.
4.20.040 Delivery of alcohol to person under 21 years of age.
4.20.050 Minor under the influence.
4.20.060 Minor in possession of alcohol.
4.20.070 Drunk and disorderly.
4.25 Offenses against the Community Peace, Morals, Safety, and Welfare
4.25.010 Carrying a concealed firearm.
4.25.020 Unlawful discharge of firearm.
4.25.030 Riot.
4.25.040 Adulteration.
4.25.050 Gambling.
4.25.060 Interference with community gatherings.
4.25.070 Disturbing the peace.
4.25.080 Public indecency.
4.25.090 Cruelty to animals.
4.25.100 Abandoning refrigeration equipment.
4.25.110 Allowing vicious animals at large.
4.25.120 Disorderly conduct.
4.25.130 Failure to disperse.
4.25.140 False reporting.
4.25.150 Telephone abuse.
4.25.160 Prostitution.
4.30 Family-Related Offenses
4.30.010 Incest.
4.30.020 Endangering the welfare of a child.
4.30.030 Bigamy.
4.30.040 Interference with custody.
4.30.050 Failure to support dependent persons.
4.30.060 Desertion and nonsupport of children.
4.30.070 Failure to send children to school.
4.35 Offenses Related to Administration of Tribal Government
4.35.010 Intimidation of a public officer.
4.35.020 Misuse of funds.
4.35.030 Official misconduct.
4.35.040 Bribery.
4.35.050 Perjury.
4.35.060 False arrest.
4.35.070 Resisting arrest.
4.35.080 Obstructing a public officer.
4.35.090 Refusing to aid officer.
4.35.100 Escape.
4.35.110 Bail jumping.
4.35.120 Flight to avoid prosecution.
4.35.130 Rendering criminal assistance.
4.35.140 Intimidating a witness.
4.35.150 Intimidating a juror.
4.40 Traffic Offenses
4.40.010 Vehicular homicide.
4.40.020 Vehicular assault.
4.40.030 Reckless driving.
4.40.040 Attempting to elude pursuing Police vehicle.
4.40.050 Obedience to enforcement officers.
4.40.060 Refusal to give identification.
4.40.070 Failure to appear/respond.
4.40.080 Taking motor vehicle without permission.
4.40.090 Driving while license is suspended, revoked.
4.45 Drug-Related Offenses
4.45.010 Definitions.
4.45.020 Substances which are illegal without a valid prescription.
4.45.030 Proof of chemical composition.
4.45.040 Elements of offenses and penalties.
4.47 Good Samaritan Code
4.47.010 Scope.
4.47.020 Jurisdiction.
4.47.030 Definitions.
4.47.040 Immunity from liability for certain types of medical care.
4.47.050 Medical assistance for drug-related overdoses – Prosecution for possession.
4.47.060 Opioid overdose medication.
4.50 Seizure and Forfeiture of Property Used in Controlled Substance Violations
4.50.010 Purpose.
4.50.020 Jurisdiction.
4.50.030 Property subject to seizure and forfeiture.
4.50.040 Police officer to seize property.
4.50.050 Police officer to file notice of seizure.
4.50.060 Answer to notice.
4.50.070 Procedure for hearing.
4.50.080 Burden of proof – Liabilities.
4.50.090 Disposition of forfeited property.
4.50.100 Impound and storage costs recoverable.
4.55 Other Offenses
4.55.010 Violation of Tribal ordinance.
4.55.020 Criminal attempt.
4.55.030 Aiding and abetting.
Division II. Domestic Violence
4.60 General Provisions
4.60.010 Purpose.
4.60.015 Legislative findings.
4.60.020 Jurisdiction.
4.60.025 Sovereign immunity.
4.60.030 Liability of Chehalis Tribal Police officers.
4.60.040 Court orders.
4.60.050 Liberal construction.
4.60.060 Repealer.
4.60.065 Severability.
4.60.070 Savings.
4.60.075 Definitions.
4.60.080 Victim rights.
4.65 Domestic Violence Crimes
4.65.010 Domestic violence.
4.65.020 Violation of a domestic violence restraining order.
4.65.030 Interfering with the reporting of domestic violence.
4.65.040 Assaulting domestic violence staff.
4.65.050 Crime of stalking.
4.65.060 Stalking to be treated as domestic violence crime.
4.65.070 Location of stalking perpetrator not bar to prosecution.
4.70 Duties of Chehalis Tribal Police Officers and Prosecutors
4.70.010 Authority of Chehalis Tribal Police officers to enter residence without warrant.
4.70.020 Authority of Chehalis Tribal Police officers to seize and hold weapons.
4.70.030 Mandatory arrest.
4.70.040 Mandatory arrest for violation of protection order.
4.70.050 Cross complaints of domestic violence.
4.70.060 Notice of escape or release.
4.70.070 Powers and duties of Prosecutor.
4.70.075 Dismissals disfavored.
4.70.080 Disposition of criminal case.
4.70.090 Chehalis Tribal Police duties to victims.
4.70.100 Duty to preserve evidence.
4.70.110 Duty to expedite service of protection orders.
4.70.120 Chehalis Tribal Police records on domestic violence or family violence to be identifiable.
4.70.130 Liability of Chehalis Tribal Police officers.
4.70.135 Officials who batter.
4.75 Pre-Trial Release
4.75.010 Considerations for pre-trial release.
4.75.020 Conditions for pre-trial release.
4.75.030 Notifying the defendant of pre-trial release conditions.
4.75.040 Duration of pre-trial release conditions.
4.75.050 Notifying the victim of pre-trial release.
4.75.060 Mandatory arrest for violation of pre-trial release conditions.
4.80 Trial and Sentencing
4.80.010 Domestic violence or family violence sentencing designation.
4.80.020 Rules of evidence.
4.80.030 Reasons for dismissal required in Court file.
4.80.040 Criminal penalties.
4.80.045 Judgments and convictions.
4.80.050 Mandatory relational life skills (RLS).
4.80.060 Restitution.
4.80.070 Other restraints.
4.80.080 Exclusion.
4.80.090 Stay pending appeal.
4.85 Firearms Disqualification
4.85.010 Purpose.
4.85.020 Firearms prohibition.
4.85.030 Penalty.
4.90 Full Faith and Credit, and Foreign Orders
4.90.010 Full faith and credit.
4.90.020 Exclusion from full faith and credit.
4.90.030 Filing of foreign protection orders.
4.90.040 Law enforcement.
4.95 Protection Order, Harassment Protection Order, Sexual Assault Protection Order
4.95.010 Civil action.
4.95.020 Venue.
4.95.030 Effect of other proceedings pending.
4.95.040 Who may file petition for order of protection.
4.95.050 Contents of petition.
4.95.060 Omission of petitioner’s address in petition.
4.95.070 Filing fee.
4.95.080 Temporary order of protection.
4.95.090 Notice of hearing.
4.95.100 Service of process.
4.95.110 Protection order.
4.95.120 Service of order of protection.
4.95.130 Duration of order/motion to renew.
4.95.140 Input from Domestic Violence Task Force.
4.95.150 Request to terminate or modify order by petitioner.
4.95.160 Request to modify order by respondent.
4.95.170 Harassment.
4.95.180 Harassment protection order.
4.95.190 Temporary harassment protection order.
4.95.200 Petition for a harassment protection order.
4.95.210 Contents of a petition for a harassment protection order.
4.95.220 Ex parte harassment protection order.
4.95.230 Permanent harassment protection order.
4.95.240 Notice to local law enforcement agencies – Enforceability.
4.95.250 Contempt and violation of harassment protection order – Penalties.
4.95.260 Sexual assault protection order.
4.95.270 Persons authorized to file.
4.95.280 Petition for sexual assault protection order.
4.95.290 Ex parte emergency sexual assault protection order.
4.95.300 Permanent sexual assault protection order.
4.95.310 Request for reconsideration or modification.
4.95.320 Sexual assault protection orders – Personal jurisdiction – Nonresident individuals.
4.95.330 Penalties for violation of a sexual assault protection order.
4.97 Child Custody and Visitation in Domestic Violence Cases
4.97.010 Child custody and visitation in orders of protection.
4.97.020 Domestic violence considerations in child custody proceedings.
4.97.030 Establishing visitation in domestic violence cases.
4.97.040 Requirements for visit supervisor.
4.97.050 Counseling for victim.
4.100 Special Domestic Violence Jurisdiction
4.100.005 Special Domestic Violence Jurisdiction Court – Created.
4.100.010 Special domestic violence criminal jurisdiction.
4.100.020 Special jurisdiction – Criminal conduct applicable.
4.100.030 Rights applicable.
Title 5 DOMESTIC RELATIONS
Division I. Marriage
5.05 (Reserved)
5.10 Dissolution of Marriage
5.10.010 Who may commence proceedings.
5.10.020 How commenced – Contents.
5.10.030 Jurisdictional requirements.
5.10.040 Invalidity of marriage.
5.10.050 Provisions for child support, custody and visitation – Disposition of property and liabilities.
5.10.060 Temporary maintenance or child support.
5.10.070 Failure to comply.
5.15 Husband and Wife Rights and Liabilities – Property
5.15.010 Separate property of husband.
5.15.020 Separate property of wife.
5.15.030 Community property defined – Management and control.
5.15.040 Disposition of property and liabilities – Factors.
5.20 Child Custody
5.20.010 Child custody proceeding – Commencement – Notice of intervention.
5.20.020 Child custody – Relevant factors in awarding custody.
5.20.030 Child custody – Temporary custody order – Vacation of order.
5.20.040 Child custody – Visitation rights.
5.20.050 Child custody decree – Modification.
5.20.060 Child custody – Powers and duties of custodian – Supervision by appropriate agency when necessary.
5.20.070 Child custody – Temporary custody order or modification of custody decree – Affidavits required.
5.20.080 Modification of decree.
Division II. Elder and Vulnerable Adult Protection
5.25 General Provisions
5.25.010 Purpose and construction.
5.25.020 Definitions.
5.25.030 Jurisdiction.
5.25.040 Confidentiality of proceedings.
5.25.050 Confidentiality of records.
5.25.060 Time and process of hearings.
5.25.070 Rights of elders and vulnerable adults.
5.25.080 Transfer of jurisdiction.
5.30 Responsibilities of Social Sevices
5.30.010 Role of Tribal Social Services Department.
5.30.020 Access to investigate – Court order.
5.30.030 Intervention by the Tribe.
5.35 Reporting
5.35.010 Reporting abuse or neglect of an elder or vulnerable adult.
5.35.020 Immunity for reporting.
5.35.030 Failure to report – Civil penalty – Damages – Criminal liability.
5.35.040 Bad faith report – Civil penalty – Damages – Criminal liability.
5.35.050 Contents of the report.
5.35.060 Confidentiality of reporter.
5.45 Protection Order
5.45.010 Petition for protection.
5.45.020 Emergency protection order.
5.45.030 Probable cause hearing.
5.45.040 Time and notice of hearing.
5.45.050 Appointment of guardian ad litem.
5.45.060 Evidence and burden of proof.
5.45.070 Agreed order.
5.45.080 Enforcement of restraint provisions.
5.50 Protection Plans
5.50.010 Hearing on the plan.
5.50.020 Elder or vulnerable adult protection plan.
5.50.030 Additional recommendations.
5.50.040 Conduct of hearing on the plan.
5.50.050 Review hearings.
5.55 Guardian and Protective Payee
5.55.010 Purpose.
5.55.020 Petition for appointment of guardian or protective payee.
5.55.030 Petition for appointment of guardian or protective payee – Contents.
5.55.040 Guardian and protective payee preferences and qualifications.
5.55.050 Hearing on petition for appointment of guardian or protective payee – Setting.
5.55.060 Notice of hearing.
5.55.070 Appointment of guardian ad litem.
5.55.080 Hearing on appointment of guardian or protective payee – Conduct.
5.55.090 Grounds for appointing guardian or protective payee.
5.55.100 Agreed order.
5.55.110 Order appointing guardian or protective payee.
5.55.120 Guardian duties and limitations.
5.55.130 Guardian reports.
5.55.140 Review hearings.
5.55.150 Guardian or protective payee shall petition Court for clarification.
5.55.160 Modification or termination of guardianship.
5.55.170 Civil action for reimbursement.
Title 6 YOUTH
6.05 Youth – General Provisions
6.05.010 Purpose.
6.05.020 Definitions.
6.05.030 Establishment of Court system.
6.05.040 Judges.
6.05.050 Effect of adjudication.
6.05.060 Cooperation with agencies.
6.05.070 Rules.
6.05.080 Continuances.
6.05.090 Shelter care, foster care, detention, and other placement facilities – Standards.
6.05.100 Care and treatment.
6.05.110 Shelter care alternatives.
6.05.120 Placement preference – Generally.
6.05.130 Best interests.
6.05.140 Confidentiality of hearings and conferences.
6.05.150 Confidentiality of records.
6.05.160 Service – How made.
6.05.170 Rights of parties.
6.05.180 Damage suits.
6.05.190 Amendments.
6.05.200 Effective date.
6.10 Jurisdiction
6.10.010 Generally.
6.10.020 Concurrent jurisdiction.
6.10.030 Continuing jurisdiction.
6.10.040 Limitations on jurisdiction.
6.10.050 Transfer of jurisdiction.
6.15 Officers, Guardian Ad Litem and Child Protection Team
6.15.010 Judicial officer – Powers.
6.15.020 Judicial officer – Appeals.
6.15.030 Presenting officer – Appointment.
6.15.040 Presenting officer – Qualifications.
6.15.050 Social service workers.
6.15.060 Representative.
6.15.070 Guardian ad litem – Appointment.
6.15.080 Guardian ad litem – Powers and duties.
6.15.090 List of guardians ad litem.
6.15.100 Purpose of child protection team.
6.20 Youth in Need of Care
6.20.010 Generally.
6.20.020 Complaint.
6.20.030 Duties and powers of law enforcement officers.
6.20.040 Duties and powers of the Youth Home and Social Services Directors.
6.20.050 Warrant.
6.20.060 Consent to take a youth into custody.
6.20.070 Investigation by youth caseworker.
6.20.080 Informal conference.
6.20.090 Preliminary inquiry – Purpose.
6.20.100 Preliminary inquiry – Procedure.
6.20.110 Reserved.
6.20.120 Reserved.
6.20.130 Fact-finding hearing.
6.20.140 Predispositional report.
6.20.150 Dispositional hearing.
6.20.160 Dispositions.
6.20.170 Review hearing.
6.20.180 Objection to change in placement or visitation.
6.25 Termination of a Parent-Child Relationship
6.25.010 Grounds.
6.25.020 Consent.
6.25.030 Petition.
6.25.040 Scheduling.
6.25.050 Continuances.
6.25.060 Pre-termination report.
6.25.070 Summons.
6.25.080 Termination hearing.
6.25.090 Post-termination dispositional hearing.
6.30 Emancipation
6.30.010 Petition.
6.30.020 Contents of petition.
6.30.030 Consent.
6.30.040 Notice.
6.30.050 Applicable standard.
6.30.060 Rights of an emancipated youth.
6.35 Guardianship
6.35.010 Appointment.
6.35.020 Order of preference.
6.35.030 Guardianship report.
6.35.040 Petition.
6.35.050 Notice.
6.35.060 Powers and duties.
6.35.070 Letter of guardianship.
6.35.080 Duration of guardianship.
6.40 Adoption
6.40.010 Who may be adopted.
6.40.020 Who may adopt.
6.40.030 Availability for adoption.
6.40.040 Consent.
6.40.050 Petition.
6.40.060 Next friend’s report.
6.40.070 Notice.
6.40.080 Hearing.
6.40.090 Decree of adoption.
6.40.100 Effect of decree of adoption.
6.40.110 Appeals.
6.40.120 Copy of decree to agencies.
6.40.130 Regulations.
6.45 Tribal Employees Having Regular Contact with Children
6.45.010 Background character investigations.
6.50 Duty to Report Child Abuse and Neglect
6.50.010 Duty to report.
6.50.020 Persons required to report.
6.50.030 Anonymous reports.
6.50.040 Immunity from liability.
6.50.050 Penalty for not reporting.
6.50.060 Reports of abuse, neglect or abandonment.
6.55 Central Registry
6.55.010 Central registry procedures.
6.60 Truancy
6.60.010 Title.
6.60.020 Statement of policy and purpose.
6.60.030 Jurisdiction.
6.60.040 Authority of the Business Committee.
6.60.050 Enforcement.
6.60.060 Violations.
6.60.070 Attendance requirement.
6.60.080 Procedures for intervention in matters of truancy.
6.60.090 Failure to attend school.
6.60.100 Contributing to the delinquency of a minor.
6.65 Civil Curfew
6.65.010 Purpose.
6.65.020 Jurisdiction.
6.65.030 Means of exercising jurisdiction.
6.65.040 Definitions.
6.65.050 Curfew – Day, hour and age restrictions.
6.65.060 Curfew – Exceptions.
6.65.070 Procedure upon violation.
6.65.080 Civil penalties for youths.
6.65.090 Civil penalties for adults.
Title 7 MOTOR VEHICLES
7.05 Civil Traffic Infractions – Generally
7.05.010 Purpose.
7.05.020 Jurisdiction.
7.05.030 Means of exercising jurisdiction.
7.05.040 Explanation of privilege.
7.05.050 Officers to enforce traffic codes.
7.05.060 Definitions – Generally.
7.10 Civil Traffic Infraction Procedure
7.10.010 Notice of infraction – Issuance by a law enforcement officer.
7.10.020 Notice of infraction – Issuance by the Court.
7.10.030 Notice of infraction – Form.
7.10.040 Notice of infraction – Time of initial hearing.
7.10.050 Notice of infraction – Three options for response.
7.10.060 Notice of infraction – Failure to respond – Hearing.
7.10.070 Hearings – Scheduling by the Court.
7.10.080 Hearing to contest the determination that an infraction was committed.
7.10.090 Hearing to explain circumstances surrounding the infraction.
7.10.100 Order of Court.
7.10.110 Suspension.
7.10.120 Limited use license.
7.10.130 Record of traffic charges.
7.15 Vehicle Safety Equipment
7.15.010 Vehicle safety equipment – Generally.
7.15.020 Required safety equipment.
7.15.030 Vehicles to be equipped with tires – Safe condition defined.
7.15.040 Multiple-beam headlights.
7.15.050 Use of multiple-beam headlights.
7.15.060 Spot lamps.
7.15.070 Times when headlights, tail lights are required to be on.
7.15.080 Wheel projections.
7.15.090 Body and load projections.
7.15.100 Flags on projecting load.
7.15.110 Safety belts – Use required.
7.15.120 Child passenger restraints required.
7.15.130 Motorcycle safety equipment.
7.15.140 Motorcycle – Headlight and tail light to be on.
7.15.150 Motorcycles – Exhaust system.
7.15.160 Motorcycles – Eye protection.
7.15.170 Motorcycles – Helmet required.
7.15.180 Moving vehicle in unsafe condition.
7.15.190 Bicycle equipment.
7.20 Rules of the Road
7.20.010 Rules of the road – Generally.
7.20.020 Drivers to be licensed.
7.20.030 Operator’s license on person.
7.20.040 Driving while license is suspended, revoked.
7.20.050 Learner’s permit.
7.20.060 Motorcycle endorsement required.
7.20.070 Yield to emergency vehicles.
7.20.080 Following fire vehicle prohibited.
7.20.090 Crossing fire hose.
7.20.100 Emergency vehicles exempted from speed limits – Due care required.
7.20.110 Motorcycles – Operation on laned roads.
7.20.120 Motorcycles – Riding on the permanent seat only.
7.20.130 Motorcycles – Footpegs.
7.20.140 Motorcycles – Both feet not to be on the same side.
7.20.150 Motorcycles – Clinging to other vehicles.
7.20.160 Vehicles driven off existing roadways.
7.20.170 Pedestrians – Drivers to exercise care.
7.20.180 Pedestrians – Under the influence of alcohol or drugs.
7.20.190 Pedestrians – To remain off the road.
7.20.200 Throwing glass or other materials on road.
7.20.210 Permitting escape of load and other materials.
7.20.220 Interference with signs and signals.
7.20.230 Speed limits.
7.20.240 Due care required.
7.20.250 Speed limits – Changes by the Business Committee.
7.20.260 Drive on the right side of the road.
7.20.270 Turning, stopping, moving right or left – Signals required.
7.20.280 Turning at intersections.
7.20.290 Right-of-way – Vehicle turning left.
7.20.300 Right-of-way – Yielding for road construction.
7.20.310 Overtaking and passing.
7.20.320 Passing school bus.
7.20.330 Following too closely.
7.20.340 “U” turns.
7.20.350 Backing.
7.20.360 Traffic signs, signals and markings.
7.20.370 Stopping, standing or parking on road.
7.20.380 Stopping, standing or parking prohibited in certain places.
7.20.390 Leaving children unattended in vehicle.
7.20.400 Obstructing the driver’s view.
7.20.410 Tribal Center regulations.
7.20.420 Alcoholic beverages – Prohibitions.
7.25 Accident Reports, Abandoned and Stolen Vehicles
7.25.010 Driver’s duty upon damaging unattended vehicle or other property.
7.25.020 Driver’s duty in case of injury or death to person.
7.25.030 Stolen vehicle reports.
7.30 Off-Road Vehicles (Reserved)
7.35 Fine Schedule
7.35.010 Fines.
Title 8 TAXATION
8.05 Fuel Tax
8.05.010 Purpose.
8.05.020 Definitions.
8.05.030 Settlement does not bar further litigation.
8.05.040 Cooperative framework.
8.05.050 Role of State law.
8.05.060 Acquisition of fuel from licensed distributors.
8.05.070 Records maintenance requirements for fuel purchases.
8.05.080 System for restricting availability of fuel tax exemption.
8.05.090 Records maintenance requirements for fuel sales.
8.05.100 Fuel sales and purchases subject to audit.
8.05.110 Records available for auditor.
8.05.120 Auditor’s report.
8.05.130 License required for any business operating filling station within the Tribe’s jurisdiction.
8.10 Import-Export Tax
8.10.010 Statement of policy.
8.10.020 Findings.
8.10.030 Purpose.
8.10.040 Definitions.
8.10.050 Importation generally.
8.10.060 Exportation generally.
8.10.070 Export tax assessment.
8.10.080 Enforcement.
8.10.090 Fee allocation.
8.10.100 Recourse – No waiver.
8.20 Animal Head Tax
8.20.010 Statement of policy.
8.20.020 Findings.
8.20.030 Purpose.
8.20.040 Definitions.
8.20.050 Tax on animals on the Reservation.
8.20.060 Animal head tax exemption.
8.20.070 Use of the animal head tax.
8.20.080 Obligation to report.
8.20.090 Enforcement.
8.20.100 Recourse – No waiver.
8.30 Tax Commission
8.30.010 Purpose.
8.30.015 Establishment of the Chehalis Tribal Tax Commission (“Tax Commission”).
8.30.020 Make-up of Tax Commission.
8.30.030 Sovereign immunity status.
8.30.040 Collection of taxes.
8.30.050 Remitting of taxes collected.
8.30.060 Civil regulatory authority.
8.30.070 No waiver of sovereign immunity.
Title 9 COMMERCE AND TRADE
9.05 Business Licensing
9.05.010 License required.
9.05.020 Exempt business activities.
9.05.030 Delegation of authority.
9.05.040 License application.
9.05.050 License issuance and renewal – Fee and expiration.
9.05.060 Businesses required to obtain a license.
9.05.070 Rules for use of Tribal facilities by business licensees.
9.05.080 Prohibitions and select license requirements.
9.05.090 Construction.
9.05.100 Day care provider.
9.05.110 Motor vehicle parts recycler.
9.05.120 Conducting business activities without a license.
9.05.130 License suspension and revocation.
9.05.140 Penalties not exclusive.
9.10 Nonprofit Corporations
9.10.010 Short title.
9.10.020 Purposes.
9.10.030 Definitions.
9.10.040 Applicability.
9.10.050 Documents submitted for filing – Exact or conformed copies.
9.10.060 Savings.
9.10.070 Incorporators.
9.10.080 Articles of incorporation.
9.10.090 Members.
9.10.100 Bylaws.
9.10.110 Limitations.
9.10.120 General powers.
9.10.130 Defense of ultra vires.
9.10.140 Sale, lease, exchange, or other disposition of assets not in the ordinary course of business.
9.10.150 Sale, lease, exchange, or disposition of assets in course of business – Mortgage and pledge of assets.
9.10.160 Postsecondary education loans – Interest rates.
9.10.170 Registration and reporting – Corporate name.
9.10.180 Registration of corporate name.
9.10.190 Renewal of registration of corporate name.
9.10.200 Registered office and registered agent.
9.10.210 Change of registered office or registered agent.
9.10.220 Service of process on corporation.
9.10.230 Annual report of domestic and foreign corporations – Biennial filing may be authorized.
9.10.240 Filing of annual or biennial report of domestic and foreign corporations – Notice – Reporting dates.
9.10.250 Fees for filing documents and issuing certificates.
9.10.260 Miscellaneous fees.
9.10.270 Disposition of fees.
9.10.280 Meetings of members.
9.10.290 Notice of members’ meetings.
9.10.300 Voting.
9.10.310 Quorum.
9.10.320 Board of directors.
9.10.330 Number and election or appointment of directors.
9.10.340 Duties of a director.
9.10.350 Place and notice of directors’ meetings.
9.10.360 Removal of directors.
9.10.370 Judicial removal of directors.
9.10.380 Vacancies.
9.10.390 Quorum of directors.
9.10.400 Assent presumed – Procedures for dissent or abstention.
9.10.410 Greater voting requirements.
9.10.420 Waiver of notice.
9.10.430 Action by members or directors without a meeting.
9.10.440 Unauthorized assumption of corporate powers.
9.10.450 Committees.
9.10.460 Officers.
9.10.470 Removal of officers.
9.10.480 Records.
9.10.490 Loans to directors and officers prohibited.
9.10.500 Filing of articles of incorporation.
9.10.510 Effect of filing the articles of incorporation.
9.10.520 Organizational meetings.
9.10.530 Right to amend articles of incorporation.
9.10.540 Procedure to amend articles of incorporation.
9.10.550 Articles of amendment.
9.10.560 Filing of articles of amendment.
9.10.570 Effect of filing of articles of amendment.
9.10.580 Restated articles of incorporation.
9.10.590 Procedure for merger.
9.10.600 Procedure for consolidation.
9.10.610 Approval of merger or consolidation.
9.10.620 Articles of merger or consolidation.
9.10.630 Merger or consolidation – When effective.
9.10.640 Merger or consolidation of domestic and foreign corporation.
9.10.650 Effect of merger or consolidation.
9.10.660 Voluntary dissolution.
9.10.670 Distribution of assets.
9.10.680 Plan of distribution.
9.10.690 Revocation of voluntary dissolution proceedings.
9.10.700 Articles of dissolution.
9.10.710 Filing of articles of dissolution.
9.10.720 Involuntary dissolution.
9.10.730 Notification to OTA.
9.10.740 Venue and process.
9.10.750 Jurisdiction of Court to liquidate assets and affairs of corporation.
9.10.760 Procedure in liquidation of corporation by Court.
9.10.770 Qualification of receivers – Bond.
9.10.780 Filing of claims in liquidation proceedings.
9.10.790 Discontinuance of liquidation proceedings.
9.10.800 Decree of involuntary dissolution.
9.10.810 Filing of decree of dissolution.
9.10.820 Survival of remedy after dissolution – Extension of duration of corporation.
9.10.830 Administrative dissolution – Grounds – Notice – Reinstatement – Fee set by rule – Corporate name – Survival of actions.
9.10.840 Reinstatement under certain circumstances – Request for relief.
9.10.850 Admission of foreign corporation.
9.10.860 Foreign degree-granting institution branch campus – Acts not deemed transacting business in this jurisdiction.
9.10.870 Powers of foreign corporation.
9.10.880 Corporate name of foreign corporation – Fictitious name.
9.10.890 Change of name by foreign corporation.
9.10.900 Application for certificate of authority.
9.10.910 Filing of application for certificate of authority.
9.10.920 Effect of certificate of authority.
9.10.930 Amended certificate of authority.
9.10.940 Conducting affairs without certificate of authority.
9.10.950 Registered office and registered agent of foreign corporation.
9.10.960 Change of registered office or registered agent of foreign corporation.
9.10.970 Service on foreign corporation.
9.10.980 Merger of foreign corporation authorized to conduct affairs in this jurisdiction.
9.10.990 Withdrawal of foreign corporation.
9.10.1000 Filing of application for withdrawal.
9.10.1010 Revocation of certificate of authority – Notice.
9.10.1020 Issuance of certificate of revocation.
9.10.1030 Foreign corporations – Application for reinstatement.
9.10.1040 Foreign corporations – Fees for application for reinstatement – Filing current annual report – Penalties established by rule.
9.10.1050 Power and authority of the Tribe.
9.10.1060 Interrogatories by the Tribe.
9.10.1070 Confidential nature of information disclosed by interrogatories.
9.10.1080 Penalties imposed upon corporation.
9.10.1090 Penalties imposed upon directors and officers.
9.10.1100 Appeal from disapproval of the Tribe.
9.10.1110 Certificates and certified copies to be received in evidence.
9.10.1120 Public benefit nonprofit corporation designation established.
9.10.1130 Public benefit nonprofit corporations – Temporary designation.
9.10.1140 Public benefit nonprofit corporations – Application.
9.10.1150 Public benefit nonprofit corporations – Renewal.
9.10.1160 Public benefit nonprofit corporations – Fees.
9.10.1170 Public benefit nonprofit corporations – Removal of status.
9.15 For-Profit Corporations (Reserved)
9.20 Limited Liability Companies
Article I. General Provisions
9.20.010 Short title.
9.20.020 Definitions.
9.20.030 Sovereign immunity.
9.20.040 Applicable law.
9.20.050 Documents – Signatures – Requirements.
9.20.060 Documents – Filing – Delivery – Endorsement – Returning copy – Copies admissible in evidence – Effective date – Form – Fees.
9.20.070 Failure to promptly file document – Notice of refusal to file – Judicial review.
9.20.080 Documents – Inaccurate record or defective execution – Certificate of correction – Filing – Signature – Contents – Effective date of corrected document.
Article II. Limited Liability Company
9.20.090 Limited liability company – Purpose.
9.20.100 Limited liability company – Formation – Filing as evidence that all conditions performed – Exception – Duration.
9.20.110 Tribe as owner.
9.20.120 Articles of organization – Contents.
9.20.130 Limited liability company – Name – Requirements – Rights.
9.20.140 Reserving right to use of name – Application – Transfer of right.
9.20.150 Transacting business under assumed name – Certificate – Effective period – Extension – Notice of expiration – Rights not created – Same name assumed in partnership or joint venture – Transfer of assumed name to survivor – Use of name by surviving company – Assumed name of converted company – Certificate of conversion.
9.20.160 Maintaining registered office and resident agent – Service of process, notice, or demand – Appointment of agent – Annual statement – Service of process by mail.
9.20.170 Certificate of good standing.
9.20.180 Resident agent – Resignation – Notice – Appointment of successor – Termination of appointment.
9.20.190 Changing registered office or resident agent – Statement – Filing – Contents – Changing business or residence address of resident agent.
9.20.200 Limited liability company – Powers.
9.20.210 Validity of action or transfer of property – Asserting lack of capacity or power.
9.20.220 Registered office or principal place of business – Documents required to be kept.
9.20.230 Conflict between articles of organization and operating agreement.
9.20.240 Operating agreement unenforceable.
9.20.250 Limited liability company – Indemnification of members, managers, or other persons.
9.20.260 Liability to third parties.
Article III. Member Contributions – Distributions
9.20.270 Members – Contribution.
9.20.280 Promise by member to contribute – Enforcement – Obligation to perform – Rights of company – Compromising obligation – Enforcement by creditor of original member’s obligation.
9.20.290 Distribution of assets – Allocation – Manner – Basis.
9.20.300 Distribution – Conditions for receiving.
9.20.310 Distributions to withdrawing member.
9.20.320 Distributions – Demand, acceptance, and receipt of distribution – Form.
9.20.330 Distributions prohibited under certain situations – Exceptions – Effect of distribution under subsection A of this section – Remedies available – Future payments to withdrawing members – Effect of subsection A of this section on third party – Asserting legal or equitable rights.
9.20.340 Distribution – Violating operating agreement – Liability of members or managers – Presumption of assent – Knowledge of violation – Contribution – Commencement of proceeding.
Article IV. Managers
9.20.350 Management vested in members.
9.20.360 Managers – Delegation – Qualifications – Number – Notice of delegation.
9.20.370 Managers – Selection – Vote – Removal – Notice.
9.20.380 Managers – Duties – Action for failure to perform duties.
9.20.390 Managers – Voting requirements.
9.20.400 Manager as agent.
9.20.410 Managers – Eliminating or limiting liability – Exceptions.
9.20.420 Manager or agent with interest in company – Effect – Majority vote by members with no interest in transaction – Claims.
Article V. Members
9.20.430 Members – Admission – Liability for acts, debts, or obligations.
9.20.440 Members – Voting rights.
9.20.450 Withdrawal of member – Distribution – Expulsion.
Article VI. Articles of Organization
9.20.460 Articles of organization – Amendment.
9.20.470 Articles of organization – Conditions requiring amendment.
9.20.480 Articles of organization – Certificate of amendment – Filing – Contents.
Article VII. Disassociation – Dissolution
9.20.490 Disassociation.
9.20.500 Dissolution – Winding up.
9.20.510 Dissolution by judicial decree.
9.20.520 Certificate of dissolution – Filing – Contents.
9.20.530 Winding up.
9.20.540 Dissolution – Notice to existing claimants – Contents – Validity of claim not recognized – Claims barred under certain conditions – “Existing claim” defined – Effective date of notice.
9.20.550 Dissolution – Publication of notice – Requirements – Commencing proceeding to enforce claims – Claimants with known existing claims not receiving notice.
9.20.560 Winding up – Distribution of assets.
Article VIII. Merger
9.20.570 Merger.
9.20.580 Approval of merger.
9.20.590 Plan of merger.
9.20.600 Articles of merger.
9.20.610 Effect of merger.
9.20.620 Right to object.
Article IX. Wholly Owned Limited Liability Companies
9.20.630 Tribally owned companies – Reports.
9.20.640 Tribally owned subsidiary.
9.20.650 Privileges and immunities.
9.20.660 Ownership.
9.20.670 Nontribal partners.
9.20.680 Waiver of sovereign immunity.
9.25 Secured Transactions
9.25.010 Purpose.
9.25.020 Authority to grant security interests.
9.25.030 Form for security interest grant.
9.25.040 Enforceability of approved loan document.
9.25.050 Governing law.
9.25.060 Remedies.
9.25.070 Recording.
9.25.080 Jurisdiction.
9.25.090 Effect of amendment or repeal.
9.30 Fireworks
9.30.010 Findings.
9.30.020 Purposes.
9.30.030 Definitions.
9.30.040 Chehalis Tribal Fireworks Committee.
9.30.050 Tribal permit required.
9.30.060 Tribal fireworks outlets.
9.30.070 Sales restricted.
9.30.080 Operation of fireworks outlets.
9.30.090 Outlets on Tribal land.
9.30.100 Restrictions on signs.
9.30.110 Wholesale distribution of fireworks may be restricted.
9.30.120 Inspections.
9.30.130 Revenue appropriated.
9.30.140 Enforcement – Generally.
9.30.150 Authority of enforcement officers.
9.30.160 Notice of civil infraction.
9.30.170 Response options for civil infractions.
9.30.180 Failure to respond.
9.30.190 Order of Court.
9.30.200 Violations.
9.30.210 Accumulation of infractions.
9.30.220 Confiscation of illegal fireworks.
9.30.230 Disposition of confiscated fireworks.
9.35 Hotel Guests
9.35.010 Definitions.
9.35.020 Record of guests.
9.35.030 Liability for loss of valuables when safe or vault furnished – Limitation.
9.35.040 Liability for loss of baggage and other property – Limitation.
9.35.050 Obtaining hotel, restaurant, etc., accommodations by fraud.
9.35.060 Lien on property of guest.
9.35.070 Sale – Notice – Disposition of funds.
9.35.080 Liability for valet and parking.
9.40 Liquor Control
9.40.010 Public policy declared.
9.40.020 Definitions.
9.40.030 General prohibition.
9.40.040 Tribal control of alcoholic beverages.
9.40.050 Community on-site sales.
9.40.060 State of Washington licenses and agreements.
9.40.070 Applicability of State law.
9.40.080 Persons under 21 years of age – Restrictions.
9.40.090 Restrictions on intoxicated persons.
9.40.100 Hours and days of sale.
9.40.110 Power to license and tax.
9.40.120 Tribally owned establishments.
9.40.130 Licensing.
9.40.140 Regulations.
9.40.150 Severability.
9.40.160 Amendment or repeal of chapter.
9.40.170 Sovereign immunity.
9.40.180 Effective date.
9.40.190 Jurisdiction, State and Tribal law.
9.40.200 Tribal Court jurisdiction.
9.40.210 Violations of this chapter and any promulgated regulations.
9.50 Commercial Marijuana
9.50.010 Title.
9.50.020 Definitions.
9.50.030 Findings.
9.50.040 Establishment and delegation.
9.50.050 Negotiations with the State.
9.50.060 Tribal marijuana tax.
9.50.070 Producing and processing of marijuana products.
9.50.080 Purchase and sale of marijuana products.
9.50.090 Retail sales of marijuana products.
9.50.100 Licensing and background investigations.
9.50.110 Indemnity.
9.50.120 Medical marijuana.
9.50.130 Compliance.
Title 10 CONSERVATION, WILDLIFE AND NATURAL RESOURCES
10.05 Fishing – General Provisions
10.05.010 Title.
10.05.020 Declaration of policy.
10.05.030 Definitions.
10.05.040 Territory.
10.05.050 Persons.
10.10 Fishing Regulations
10.10.010 Fish and Wildlife Committee.
10.10.015 Bylaws and code terms for the Fish and Wildlife Committee.
10.10.020 Fisheries Manager.
10.10.030 Conviction as bar to membership.
10.10.040 Members.
10.10.050 Nonmember relatives.
10.10.060 Minors.
10.10.070 Biologists.
10.10.080 Nonmembers.
10.10.090 Assistance by unauthorized persons prohibited.
10.10.100 Residence requirement.
10.10.110 Tribal identification cards and permits – Required.
10.10.120 Tribal identification cards and permits – Examination upon demand.
10.10.130 Tribal identification cards and permits – Required when.
10.10.140 Tribal identification cards and permits – Fees and time limits.
10.10.150 Tribal identification cards and permits – Property of Tribe.
10.10.160 General closure.
10.10.170 Annual and seasonal regulations.
10.10.180 Annual and seasonal regulations – Procedure.
10.10.190 Emergency regulations.
10.10.200 Gear and boat identification.
10.10.210 Restrictions.
10.10.220 Marine boats.
10.10.230 Test fishing – Authorization.
10.10.240 Test fishing – Regulations.
10.10.250 Map of river fishing sites.
10.10.260 Abandonment of sites and new sites – Preferences.
10.10.270 Settlement of disputes.
10.10.280 Sale of fish.
10.10.290 Fish catch reporting.
10.10.300 Unlawful acts.
10.10.310 Tribal fish sales tax imposed.
10.10.320 Tax collection.
10.10.330 Use of tax money.
10.10.340 Fish buyers – Permit required.
10.10.350 Reporting required.
10.10.360 Bond and security deposit required.
10.10.370 Action on bond or security deposit.
10.10.380 No permit where taxes unpaid.
10.10.390 Waiver of bond or security deposit.
10.10.400 Fish sales to Tribe.
10.10.410 Regulations concerning non-Chehalis Tribal members fishing within the exterior boundaries of the Chehalis Reservation.
10.10.420 Violation and civil regulatory penalty.
10.10.430 Posting notice concerning CTC 10.10.410 and 10.10.420.
10.10.440 Civil regulatory violation and penalty regarding interfering with Tribal fishermen nets.
10.10.450 Nonmember fishing with a Tribal member.
Appendix Fish and Wildlife Committee Bylaws.
10.15 Fishing – Enforcement, Violation and Penalties
10.15.010 Purpose.
10.15.020 Enforcement officers.
10.15.030 Cross-deputization.
10.15.040 Civil enforcement procedures.
10.15.050 Tribal Court procedures.
10.15.060 Civil hearing procedure.
10.15.070 Civil hearings – Burden of proof.
10.15.080 Preliminary hearing – Time.
10.15.090 Preliminary hearing – Conduct.
10.15.100 Trial.
10.15.110 Continuances.
10.15.120 Decision of the Court.
10.15.130 Appeal.
10.15.140 Seizure and disposition of fish and/or gear.
10.15.150 Penalties – General.
10.15.160 Payment of fine in lieu of court appearance.
10.15.170 Unauthorized gear.
10.15.180 Improper lighting equipment.
10.15.190 Improperly marked gear.
10.15.200 No valid identification.
10.15.210 Possession of alcohol or drugs.
10.15.220 Life jackets.
10.15.230 No valid permit.
10.15.240 Reserved.
10.15.250 Reckless boating.
10.15.260 Dual benefits.
10.15.270 Failure to pay fish tax.
10.15.280 Reserved.
10.15.290 Unauthorized removal of fish from net.
10.15.300 Giving false information.
10.15.310 Violation of court order.
10.15.320 Interfering with set net priorities.
10.15.330 Failure to appear.
10.15.340 Vandalism of fishing gear.
10.15.350 Theft of fishing gear.
10.15.360 Assisting violations.
10.15.370 Permitting unauthorized nonmember to fish.
10.15.380 Illegal net mesh size.
10.15.390 Exceeding catch quota.
10.15.400 Exceeding allowable number of nets.
10.15.410 Wasting fish.
10.15.420 Failure to check set net.
10.15.430 Fishing in closed waters.
10.15.440 Fishing in protected spawning area.
10.15.450 Criminal violations.
10.15.460 Obstructing officer or fisheries management personnel.
10.15.470 Assault.
10.15.480 Assault against a fisheries enforcement officer.
10.15.490 Sentence for subsequent violations.
10.15.500 Enforcement of civil fine.
10.20 Shellfish
10.20.010 Title.
10.20.020 Sub-part of fishing ordinance.
10.20.030 Effective date.
10.20.040 Declaration of policy.
10.20.050 Tribal Court – Judicial power.
10.20.060 Jurisdiction.
10.20.070 Jurisdiction over nonmembers.
10.20.080 Definitions.
10.20.090 Regulation.
10.20.100 Shellfish Manager.
10.20.110 Fish Committee.
10.20.120 Conviction as a bar to Fish Committee membership or fisheries employment.
10.20.130 Enforcement.
10.20.140 Permits.
10.20.150 Permit and identification required.
10.20.160 Permit fee.
10.20.170 Dual benefits prohibited.
10.20.180 Revocations or suspension of permits.
10.20.190 Harvest reporting.
10.20.200 Shellfish buyers.
10.20.210 Fish tax applies.
10.20.220 Commercial harvesting only in open areas certified for commercial harvesting.
10.20.230 Boat registrations and tax.
10.20.240 Test shellfishery.
10.20.250 Classification of offense – Sentencing guideline – General information of violations – Each violation a separate offense.
10.25 Hunting – General Provisions
10.25.010 Title.
10.25.020 Declaration of policy.
10.25.030 Definitions.
10.25.040 Jurisdiction.
10.25.050 Violation of 18 U.S.C. Section 1165.
10.25.060 Repealed.
10.25.070 Annual regulations.
10.25.080 Emergency regulations.
10.25.090 General closure – Except Reservation.
10.30 Hunting Regulations
10.30.010 Eligible hunters.
10.30.020 Hunting for ceremonial use – Extreme personal hardship.
10.30.030 Hunting for another.
10.30.040 Designated hunter.
10.35 Hunting – Enforcement, Violation and Penalties
10.35.010 Purpose.
10.35.020 Law enforcement.
10.35.030 Seizure.
10.35.040 Inventory and storage.
10.35.050 Unclaimed property.
10.35.060 Presumption of owner’s use.
10.35.070 Petition for release.
10.35.080 Disposition of seized property.
10.35.090 Petition for forfeiture.
10.35.100 Violation notices.
10.35.110 Complaint.
10.35.120 Tribal Court procedures.
10.35.130 Civil hearing procedure.
10.35.140 Civil hearings – Burden of proof.
10.35.150 Preliminary hearing – Time.
10.35.160 Preliminary hearing – Conduct.
10.35.170 Trial.
10.35.180 Continuances.
10.35.190 Decision of the Court.
10.35.200 Appeal.
10.35.210 Hunting – Permits and tags.
10.35.220 Hunting – Permit and tags in possession.
10.35.230 Persons barred from obtaining a permit and tag.
10.35.240 Hunting – During closed season.
10.35.250 Hunting in closed areas.
10.35.260 Bag limits.
10.35.270 Reporting bagged game.
10.35.280 Trap inspection.
10.35.290 Wasting big game.
10.35.300 Wasting game birds or game animals.
10.35.310 Selling wildlife.
10.35.320 Transporting big game without proper tag.
10.35.330 Transporting loaded firearms.
10.35.340 Shooting firearms across public roads.
10.35.350 Shooting arrows across public roads.
10.35.360 Hunting from a vehicle.
10.35.370 Hunting with artificial light.
10.35.380 Use of dogs.
10.35.390 Hunting while intoxicated.
10.35.400 Hunting by persons under age 18.
10.35.410 Shooting a person.
10.35.420 Hunting eagles.
10.35.430 Laying out bait.
10.35.440 Laying out poison.
10.35.450 Mutilation of wildlife.
10.35.460 Shooting livestock.
10.35.470 Big game hunting – Firearms restrictions.
10.35.480 Reckless endangerment.
10.35.490 Restrictions during elk season.
10.35.500 Hunting of game animals.
10.35.510 Game birds – Special restrictions.
10.35.520 Muzzle-loading rifles.
10.35.530 Defacing.
10.35.540 Aiding and abetting.
10.35.550 Criminal violations.
10.35.560 Obstructing Tribal law enforcement officer.
10.35.570 Assault.
10.35.580 Assault against law enforcement officer.
10.35.590 Hunting while privilege is revoked.
10.35.600 Penalties – General.
10.35.610 Payment of fine in lieu of court appearance.
10.35.620 Enforcement of fine.
10.35.630 Failure to respond.
10.35.640 Default on fine.
Title 11 LAND USE AND PUBLIC HEALTH
11.05 Permitting
11.05.010 Findings.
11.05.020 Purpose.
11.05.030 Objectives.
11.05.040 Definitions.
11.05.050 Time limits – Exceptions.
11.05.060 Permits required for certain activities.
11.05.070 Exceptions to permit requirement.
11.05.080 Grandfathered activities.
11.05.090 Permit application.
11.05.100 Inspections.
11.05.110 Fees.
11.05.120 Expiration.
11.05.130 Permitting authority.
11.05.140 Review of permit application.
11.05.150 Initial notice to applicant of permit status.
11.05.160 General standards.
11.05.170 Uniform codes incorporated.
11.05.180 Environmental review – Generally.
11.05.190 Significantly affecting the environment.
11.05.200 Finding of no significant impact (FONSI).
11.05.210 Review of FONSI.
11.05.220 Archaeological, historical, or traditional cultural places.
11.05.230 Conditional permits.
11.05.240 Notice of decision – Request for reconsideration.
11.05.250 Basis for decisions to approve, deny or condition permit.
11.05.260 Court review of decision on reconsideration.
11.05.270 Enforcement – Generally.
11.05.280 Violations.
11.05.290 Corrective measures.
11.05.300 Civil infraction.
11.05.310 Sovereign immunity.
11.05.320 Severability.
11.05.330 Effective date.
11.10 Construction Safety
11.10.010 Purpose.
11.10.020 Territorial scope.
11.10.030 Definitions.
11.10.040 Adoption of safety standards.
11.10.050 Duty of employers.
11.10.060 Safety plans.
11.10.070 Right to inspect.
11.10.080 Compliance by employees.
11.10.090 Reporting of violations.
11.10.100 Director’s duty to investigate.
11.10.110 Violations of Chehalis Tribe safety standards.
11.10.120 Violations of Chehalis Tribe construction safety standards posing an immediate threat to the health or safety of employees.
11.10.130 Interference with an inspector conducting his/her authorized duties.
11.10.140 Right to appeal notices of violation.
11.10.150 Requests for variances.
11.10.160 Reporting of fatality or accident information.
11.10.170 Investigation of a fatality or accident.
11.10.180 Reporting of a complaint against an inspector.
11.10.190 Confidentiality – Trade secrets.
11.10.200 Retaliation against any person who reports a violation of this chapter.
11.15 Zoning
11.15.010 Statement of purpose.
11.15.020 Findings.
11.15.030 Definitions.
11.15.040 Comprehensive plan.
11.15.050 Description of zones.
11.15.060 Special use permit.
11.15.070 Application of regulations.
11.15.080 Zoning of acquired off-Reservation land.
11.15.090 Rezoning.
11.15.100 Administration and enforcement.
11.15.110 Violations.
11.15.120 Judicial review.
11.20 Flood Damage Prevention
11.20.010 Reserved.
11.20.020 Statement of purpose.
11.20.030 Definitions.
11.20.040 Lands to which this chapter applies.
11.20.050 Basis for establishing the areas of special flood hazard.
11.20.060 Establishment of development permit.
11.20.070 Designation of the Natural Resources Director.
11.20.080 Duties and responsibilities of the Natural Resources Director.
11.20.090 General standards for flood hazard reduction.
11.20.100 Specific standards for flood hazard reduction.
11.20.110 Zones with base flood elevations but no floodways.
11.20.120 Floodways.
11.25 Animal Control
11.25.010 Purpose.
11.25.020 Jurisdiction.
11.25.030 Responsibility for animals.
11.25.040 Definitions.
11.25.050 Administration and enforcement.
11.25.060 Delegation of authority.
11.25.070 License required.
11.25.080 Registration required.
11.25.090 Rabies vaccination certificate required.
11.25.100 Reserved.
11.25.110 Failure to register and license.
11.25.120 License not transferable.
11.25.130 Issuance of registration and license.
11.25.140 Purchase of license.
11.25.150 Ownership limits.
11.25.160 Fees.
11.25.170 Elders.
11.25.180 Violations.
11.25.190 Leash required.
11.25.200 Dogs or cats in heat.
11.25.210 Quarantine of biting dogs or cats.
11.25.220 Destruction of dogs or cats that have bitten twice.
11.25.230 Vicious animals running at large.
11.25.240 Penalties for violation.
11.25.250 Notice of infraction – Procedure.
11.25.260 Complaints – Procedure.
11.25.270 Impoundment procedures.
11.25.280 Emergency situations.
11.25.290 Notice of seizure or impoundment.
11.25.300 Nuisances.
11.30 Nuisance
11.30.010 Purpose.
11.30.020 Definitions.
11.30.030 Assessment.
11.30.040 Notice and opportunity to cure.
11.30.050 Failure to cure.
11.30.060 Additional time.
11.30.070 Approval of plan to abate nuisance.
11.30.080 Time to abate nuisance.
11.30.090 Failure to develop acceptable plan.
11.30.100 Tribe’s authority to recover its costs.
11.30.110 Successive owners liable.
11.30.120 Nuisance not legalized by lapse of time.
11.30.130 Abatement does not preclude action for damages.
11.30.140 Authority to abate nuisances supplements other authorities.
11.35 Outdoor Burning
11.35.010 Statement of purpose.
11.35.020 Statement of authority.
11.35.030 Definitions.
11.35.040 Outdoor burn permits.
11.35.050 Fire safety.
11.35.060 Burn bans.
11.35.070 Enforcement.
11.40 Solid Waste
11.40.010 Short title and definitions.
11.40.020 Tribe’s inherent sovereign power to manage and regulate solid waste.
11.40.030 Purposes of the solid waste and illegal dumping ordinance.
11.40.040 Nonmembers, the Tribe, and Tribal members.
11.40.050 Applicability of the solid waste and illegal dumping ordinance.
11.40.060 Definitions.
11.40.070 Prohibition of dumping of solid waste.
11.40.080 Tribally provided waste receptacles.
11.40.090 Prohibition of hazardous waste.
11.40.100 Household hazardous waste.
11.40.110 Compliance monitoring.
11.40.120 Enforcement.
11.45 Groundwater Protection
11.45.010 Pollution of waters – Public policy of the Tribe.
11.45.020 Definitions.
11.45.030 Department of Natural Resources.
11.45.040 Duties of the Department under this chapter.
11.45.050 Groundwater protection.
11.45.060 Water quality standards.
11.45.070 Establishment of sanitary control areas.
11.45.080 Control regulations.
11.45.090 Authority to enter and inspect premises and records.
11.45.100 Emergencies.
11.45.110 Implementation.
11.45.120 Enforcement.
11.50 Surface Water Quality Standards
11.50.010 Introduction.
11.50.020 Definitions.
11.50.030 General considerations.
11.50.040 General water use and criteria classes.
11.50.050 Toxic substances.
11.50.060 Radioactive substances.
11.50.070 General classifications.
11.50.080 Antidegradation.
11.50.090 Mixing zones.
11.50.100 Short-term modifications.
11.50.110 Specific classifications – Freshwater.
11.50.120 Achievement considerations.
11.50.130 Implementation.
11.50.140 Surveillance.
11.50.150 Enforcement.
11.55 Forest Practices
11.55.010 Statement of purpose.
11.55.020 Statement of authority.
11.55.030 Definitions.
11.55.040 Notification.
11.55.050 Fees.
11.55.060 Petroleum products.
11.55.070 Riparian management zones.
11.55.080 Chemical application.
11.55.090 Slash disposal.
11.55.100 Reforestation.
11.55.110 Rehabilitation.
11.55.120 Nonreforested lands.
11.55.130 Roads.
11.55.140 Harvesting.
11.55.150 Sensitive areas.
11.55.160 Business Committee review.
11.55.170 Application time limits.
11.55.180 Approval or disapproval policy.
11.55.190 Enforcement.
11.55.200 Right of appeal.
11.60 Concentrated Animal Feeding Operations
11.60.010 Title.
11.60.020 Purpose.
11.60.030 Definitions.
11.60.040 Classification types.
11.60.050 Tribal permits required.
11.60.060 Issuance of permits.
11.60.070 Permit violations.
11.60.080 Compliance with permit.
11.60.090 Compliance with Chehalis Tribal Code.
11.60.100 Nutrient and waste management plan.
11.60.110 Manure management.
11.60.120 Management of other animal wastes.
11.60.130 Odor and pest management.
11.60.140 Nutrient management activities.
11.60.150 Inspection authority.
11.60.160 Violation.
11.60.170 Notice of violation.
11.60.180 Enforcement of uncorrected violations.
11.65 Nonpermanent Abode Occupancy Ordinance
11.65.010 Purpose.
11.65.020 Definitions.
11.65.030 Applicability and general provisions.
11.65.040 Permit.
11.65.050 Safety requirements.
11.65.060 Sewage and liquid waste disposal.
11.65.070 Solid waste.
11.65.080 Fire protection and the elimination of accident factors.
11.65.090 Connection to electrical services.
11.65.100 Fuel storage containers.
11.65.110 Potable water source.
11.65.120 Violation and enforcement.
11.65.130 Nonpermanent abode removal procedure.
11.65.140 Intentionally left blank.
11.65.150 Notice of impoundment.
11.65.160 Nonpermanent abode demolition.
11.65.170 Delay of impoundment or demolition.
11.65.180 Sale of nonpermanent abode.
11.65.190 Proceeds.
11.65.200 Recovery of fines and costs.
11.70 Food Service and Inspection Code
11.70.010 Title.
11.70.020 Findings.
11.70.030 Jurisdiction.
11.70.040 FDA Food Code adoption.
11.70.050 Amendments and appendices.
11.70.060 Definitions.
11.70.070 Health Inspector.
11.70.080 Health Official or designee.
11.70.090 Food establishment certification.
11.70.100 Plan review application.
11.70.110 Certified food protection manager.
11.70.120 Tribal business license required.
11.70.130 Temporary food establishments exempt.
11.70.140 Annual inspection charges.
11.70.150 Enforcement – Generally.
11.70.160 Violations.
11.70.170 Corrective measures.
11.70.180 Civil infraction.
11.70.190 Sovereign immunity.
11.70.200 Severability.
11.70.210 Effective date.
Title 12 HOUSING
12.05 Housing Authority
12.05.010 Purposes.
12.05.020 Definitions.
12.05.030 Board of Commissioners.
12.05.040 Powers.
12.05.050 Obligations.
12.05.060 Annual report – Interest in housing projects.
12.05.070 Cooperation in connection with projects.
12.05.080 Approval by Secretary of the Interior.
12.10 Residential Landlord Tenant Act
12.10.010 Living arrangements exempted from chapter.
12.10.020 Notice – Alternative procedure.
12.10.030 Landlord – Duties.
12.10.040 Landlord – Failure to perform duties – Notice from tenant – Contents – Time limits for landlord’s remedial action.
12.10.050 Seizure of illegal drugs – Firearms offenses – Notification of landlord.
12.10.060 Payment of rent condition to exercising remedies – Exceptions.
12.10.070 Rental of condemned or unlawful dwelling – Tenant’s remedies.
12.10.080 Landlord’s failure to remedy defective condition – Tenant’s choice of actions.
12.10.090 Landlord’s failure to carry out duties – Repairs effected by tenant – Procedure – Deduction of cost from rent – Limitations.
12.10.100 Failure of landlord to carry out duties – Determination by Tribal Court – Judgment against landlord for diminished rental value and repair costs – Enforcement of judgment – Reduction in rent under certain conditions.
12.10.110 Substandard and dangerous conditions.
12.10.120 Substandard and dangerous conditions – Notice.
12.10.130 Substandard and dangerous conditions – Escrow account.
12.10.140 Defective conditions – Unfeasible to remedy defect – Termination of tenancy.
12.10.150 Duties of tenant.
12.10.160 Reasonable obligations or restrictions – Tenant’s duty to conform.
12.10.170 Landlord’s right of entry – Purposes – Conditions.
12.10.180 Landlord’s remedies if tenant fails to remedy defective condition.
12.10.190 Landlord to give notice if tenant fails to carry out duties.
12.10.200 Tenant’s failure to comply with duties – Landlord to give tenant written notice of noncompliance – Landlord’s remedies.
12.10.210 Notice to tenant to remedy nonconformance.
12.10.220 Tenancy from month to month or for rental period – Termination – Exclusion of children or conversion to condominium – Notice.
12.10.230 Tenancies from year to year abolished except under written contract.
12.10.240 Termination of tenancy for a specified time.
12.10.250 Waiver of chapter provisions prohibited – Provisions prohibited from rental agreement – Distress for rent abolished – Detention of personal property for rent – Remedies.
12.10.260 Reprisals or retaliatory actions by landlord – Prohibited.
12.10.270 Reprisals or retaliatory actions by landlord – Presumptions – Rebuttal – Costs.
12.10.280 Deposit to secure occupancy by tenant – Landlord’s duties – Violation.
12.10.290 Screening of tenants – Costs – Notice to tenant – Violation.
12.10.300 Monies paid as deposit or security for performance by tenant – Written rental agreement to specify terms and conditions for retention by landlord – Written checklist required.
12.10.310 Monies paid as deposit or security for performance by tenant – Deposit by landlord in trust account – Receipt – Claims.
12.10.320 Monies paid as deposit or security for performance by tenant – Statement and notice of basis for retention – Remedies for landlord’s failure to make refund.
12.10.330 Nonrefundable fees not to be designated as deposit – Written rental agreement required.
12.10.340 Removal or exclusion of tenant from premises – Holding over or excluding landlord from premises after termination date.
12.10.350 Termination of tenant’s utility service – Tenant causing loss of landlord-provided utility services.
12.10.360 Default in rent – Abandonment – Liability of tenant – Landlord’s remedies – Sale of tenant’s property by landlord.
12.10.370 Threatening behavior by tenant – Termination of agreement – Written notice – Financial obligations.
12.10.380 Threatening behavior by landlord – Termination of agreement – Financial obligations.
12.10.390 Threatening behavior – Violation of order for protection – Termination of agreement – Financial obligation.
12.10.400 Smoke detection devices in dwelling units – Penalty.
12.10.410 Exemptions.
12.15 Eviction Procedures
12.15.010 Title.
12.15.020 Definitions.
12.15.030 Unlawful detainer.
12.15.040 Procedures for service of notice.
12.15.050 Complaint and summons.
12.15.060 Service of summons and complaint.
12.15.070 Power of the Tribal Court.
12.15.080 Writ of restitution.
12.15.090 Writ of restitution – Service of writ.
12.15.100 Writ of restitution – Enforcement.
12.15.110 Return of writ.
12.15.120 Requests for reconsideration/appeals.
12.15.130 Alternative remedies.
12.20 Mortgages
12.20.010 Purpose.
12.20.020 Definitions.
12.20.030 Priority.
12.20.040 Recording.
12.20.050 Pre-foreclosure procedures.
12.20.060 Leasehold mortgage foreclosure proceedings.
12.20.070 Service of process and procedure.
12.20.080 Alternate service.
12.20.090 Certified mailing to Tribe and mortgagor.
12.20.100 Intervention.
12.20.110 Cure of default by subordinate lienholder.
12.20.120 Power of the Tribal Court.
12.20.130 No redemption.
12.20.140 No deficiency judgment.
12.20.150 Remedies exclusive.
12.20.160 No merger.
12.20.170 Restrictions on sale, transfer or conveyance of leasehold interest.
12.20.180 Approval of Tribe required.
Title 13 GAMING
13.05 Gaming
13.05.010 Title.
13.05.020 Purpose.
13.05.030 Definitions.
13.05.040 Chehalis Tribal Gaming Commission – Qualifications.
13.05.050 Chehalis Tribal Gaming Commission – Selection.
13.05.060 Chehalis Tribal Gaming Commission – Powers and duties.
13.05.070 Chehalis Tribal Gaming Commission – Officers – Conduct of meetings.
13.05.080 Chehalis Tribal Gaming Agency – Powers and duties.
13.05.090 Chehalis Tribal Gaming Agency – Executive Director.
13.05.100 Chehalis Tribal Gaming Agency – Employees.
13.05.110 Chehalis Tribal Gaming Agency – Duty to report.
13.05.120 Chehalis Tribal Gaming Agency – Activities prohibited.
13.05.130 Chehalis Tribal Gaming Agency – Enforcement, investigations and sanctions.
13.05.140 Chehalis Tribal Gaming Agency – Licensing.
13.05.150 Chehalis Tribal Gaming Agency – Audits.
13.05.160 Rulemaking.
13.05.170 Allocation of net revenues.
13.05.180 Grievances.
13.05.190 Concurrent jurisdiction.
13.05.200 Law enforcement jurisdiction relating to gambling – Investigative authority.
13.05.210 Law enforcement jurisdiction relating to gambling – Jurisdictional forums.
13.05.220 Authorized gaming.
13.05.230 Severability.
Title 14 PROBATE CODE
14.10 Purpose – Findings – Jurisdiction – Interpretation – Definitions
14.10.010 Purpose and findings.
14.10.020 Jurisdiction.
14.10.030 Interpretation.
14.10.040 Definitions.
14.20 Wills
14.20.010 Requirements for a valid will.
14.20.020 Incorporation by reference.
14.20.030 Events of independent significance.
14.20.040 Rules of construction and intention.
14.20.050 Revocation of will by writing or act.
14.20.060 Depositing will with Tribal Court.
14.30 Funeral, Tribal Custom and Tradition
14.30.010 Control of funeral arrangements.
14.30.020 Indian custom and tradition distribution of Indian finery and artifacts.
14.40 Estate Administration
14.40.010 Effect of fraud and evasion.
14.40.020 Evidence as to death or status.
14.40.030 Practice in Court.
14.40.040 Judicial powers and duties.
14.40.050 Records and certified copies.
14.40.055 Oath or affirmation on filed documents.
14.40.060 Notice.
14.40.070 Renunciation of succession.
14.40.080 Effect of divorce, annulment and decree of separation.
14.40.090 Effect of homicide on intestate succession, wills, joint assets, life insurance and beneficiary designation.
14.40.100 Simultaneous death provisions.
14.50 Intestate Succession
14.50.010 Intestate succession.
14.50.020 Share of the spouse.
14.50.030 Share of heirs other than surviving spouse.
14.50.040 No taker.
14.50.050 Representation.
14.50.060 Posthumous persons.
14.50.070 Kindred of half-blood, stepchildren – Foster children.
14.50.080 Divorce.
14.50.090 Determination of relationship of parent and child.
14.60 Inheritance by Non-Indians/Fractionated Heirship
14.60.010 Restrictions on inheritance of individual trust/restricted lands by non-Indians.
14.60.020 Escheat of certain fractionated interests.
14.70 Administration of Intestate Estates
14.70.010 Petition.
14.70.020 Administration of intestate estate.
14.70.030 Appointment of administrator.
14.70.040 Oath of administrator – Letters of administration.
14.70.050 Notice to creditors.
14.70.060 Payment of creditors.
14.70.070 Accounting.
14.70.080 No taker/escheat to Tribe.
14.70.090 Advancements.
14.70.100 Debts to decedent.
14.70.110 Distribution – Closing estate.
14.80 Probate of Wills
14.80.010 Duty to present will for probate.
14.80.020 Proving, contesting and admitting will.
14.80.025 Petition for letters of testamentary.
14.80.030 Qualification of executor or personal representative.
14.80.040 Appointment of executor or personal representative.
14.80.050 Duties of executor or personal representative – Bond.
14.80.060 Creditors.
14.80.070 Accounting.
14.80.080 Distribution – Closing estate.
14.80.090 Property discovered after estate closed.
Title 15 GENERAL WELFARE EXCLUSION ORDINANCE
15.01 General Welfare Exclusion Ordinance
15.01.010 Purpose.
15.01.020 Background, findings and intent.
15.01.030 Definitions.
15.01.040 Administration.
15.01.050 Federal trust responsibilities.
15.01.060 Government-to-government relationship – Executive Order 13175.
15.01.070 Approved programs.
15.01.080 Approved program policies.
15.01.090 Programs meeting the general test.
15.01.100 Promotion of general welfare.
15.01.110 Eligibility.
15.01.120 Limited use of benefits.
15.01.130 Programs not limited to means testing.
15.01.140 Limitations on payments – Annual budgeting.
15.01.150 Forfeiture.
15.01.160 Due process.
15.01.170 Anti-alienation.
15.01.180 Privacy – Information sharing.
15.01.190 Other tax exemptions.
15.01.200 Nonresource designation.
15.01.210 Dispute resolution.
15.01.220 Governing law.
15.01.230 Severability.
15.01.240 Sovereign immunity preserved.
15.01.250 Amendments.
15.01.260 Effective date.
15.01.300 Basic living assistance program.
15.01.310 Supplemental living assistance program.
Title 16 DEBT COLLECTION
16.05 Debt Collection
16.05.010 Title.
16.05.020 Purpose.
16.05.030 Definitions.
16.05.040 Debtor classification.
16.05.050 Review of disputed amounts.
16.05.060 Maintenance of debtor’s list.
16.05.070 Contracts.
16.05.080 Licenses and permits.
16.05.090 Future or continued employment.
16.05.100 Debtors employed by the Tribe.
16.05.110 Per capita payments.
16.05.120 General welfare payments.
16.05.130 Bad debt.
16.05.140 Debt priority and collection process.
16.05.150 Conflict of laws.
Title 20 HEMP AND CBD OIL
20.01 Hemp and CBD Oil
20.01.050 Title.
20.01.100 Hemp, CBD and CBD oil products legal on Reservation.
20.01.150 Hemp definition.
20.01.200 CBD oil definition.
20.01.250 Regulatory authority.
20.01.300 Zoning laws and hemp production.
20.01.350 Zoning laws and CBD product production.
20.01.400 Limitation on who may grow hemp.
20.01.450 Acreage limitations for hemp production on lands owned by the Tribe.
20.01.500 No limitation on the size of acreage on individual Tribal member trust land.
20.01.550 Prohibition on use of Tribal members as a straw man.
20.01.600 Compliance with all Tribal and Federal environmental laws.
20.01.650 No pollution of the Chehalis River, the Black River and their tributaries and the groundwater of the Reservation.
20.01.700 Production of hemp on Reservation requires a Chehalis business license.
20.01.750 Production and/or sale of CBD oil products on Reservation requires a Chehalis business license.
20.01.800 Required testing of hemp and CBD oil products.
20.01.850 Definition of a qualified lab.
20.01.900 Limitation on who may produce CBD oil and/or CBD oil products.
Title 21 MEDICAL AND RECREATIONAL MARIJUANA USE
21.01 Medical and Recreational Marijuana Use
21.01.010 Title.
21.01.020 Statutory authorization.
21.01.030 Definitions.
21.01.040 Age limitation.
21.01.050 Use of marijuana in public locations.
21.01.060 Motor vehicle use.
21.01.070 Test for being under the influence.
21.01.080 Penalties for violation of this chapter.
21.01.090 Regulatory oversight.
[Table of Contents created by NILL in April 2022, based on the Chehalis Tribal Code current through legislation passed March 1, 2022.]