Law and Order Code of the Fort McDowell Yavapai Community, Arizona
Updated: December 2018
The tribe makes their code available online. The link below will take you to the version of the code available on the Municode website.
Table of Contents
Chapter 1 - THE COURT AND PROCEDURE
ARTICLE I. - DEFINITIONS
Sec. 1-1. - Definitions.
Secs. 1-2—1-4. - Reserved.
ARTICLE II. - ESTABLISHMENT OF COURT, JURISDICTION
Sec. 1-5. - Establishment of Court.
Sec. 1-6. - Territorial jurisdiction.
Sec. 1-7. - Civil jurisdiction.
Sec. 1-8. - Criminal jurisdiction.
Sec. 1-9. - Powers and duties of the Courts of the Fort McDowell Yavapai Nation.
Secs. 1-10—1-14. - Reserved.
ARTICLE III. - JUDGES; OFFICERS; STAFF; PRACTITIONERS
Sec. 1-15. - Composition of Court; judges; commissioners; judges pro tempore.
Sec. 1-16. - Appointment of judges and commissioners; filling of vacancies; salaries.
Sec. 1-17. - Term of office.
Sec. 1-18. - Qualifications for judges.
Sec. 1-19. - Disqualification to act.
Sec. 1-20. - Removal of judges.
Sec. 1-21. - Duties of judges.
Sec. 1-22. - Officers of the Court.
Sec. 1-23. - Clerk of the Court; duties.
Sec. 1-24. - Tribal Prosecutor; authority; duties.
Sec. 1-25. - Legal counsel.
Secs. 1-26—1-39. - Reserved.
ARTICLE IV. - OPERATION OF COURT; PROCEDURES
Sec. 1-40. - Hours of the Court.
Sec. 1-41. - Court records.
Sec. 1-42. - Rules of Court; promulgation.
Secs. 1-43—1-99. - Reserved.
Chapter 2 - BUSINESS CODE
ARTICLE I. - BUSINESS LICENSE
Sec. 2-1. - Business license.
Sec. 2-2. - Application and issuance.
Sec. 2-3. - Estimate of business receipts.
Sec. 2-4. - Term of license.
Sec. 2-5. - Transacting business without a license or transacting business in violation of the terms of the license.
Sec. 2-6. - Complying with laws and regulations.
Sec. 2-7. - License fee.
Sec. 2-8. - Regulatory license.
Sec. 2-9. - Revocation of license.
Sec. 2-10. - Exceptions and waivers.
Secs. 2-11—2-99. - Reserved.
ARTICLE II. - SECURED OBLIGATIONS ORDINANCE
Sec. 2-100. - Pledge of collateral and attachment or attachment or security interest.
Secs. 2-101—2-199. - Reserved.
ARTICLE III. - LIMITED LIABILITY COMPANY ORDINANCE
DIVISION I. - GENERAL PROVISIONS
Sec. 2-200. - General.
Sec. 2-201. - Definitions.
Sec. 2-202. - Name set forth in articles of organization.
Sec. 2-203. - Reservation of name.
Sec. 2-204. - Registered office; registered agent.
Sec. 2-205. - Service of process on domestic limited liability companies.
Sec. 2-206. - Nature of business permitted; powers.
Sec. 2-207. - Business transactions of member or manager with the limited liability company.
Sec. 2-208. - Indemnification.
Sec. 2-209. - Service of process on managers and liquidating trustees.
Sec. 2-210. - Contested matters relating to managers; contested votes.
Sec. 2-211. - Interpretation and enforcement of operating agreement.
Secs. 2-212—2-224. - Reserved.
DIVISION II. - FORMATION; ARTICLES OF ORGANIZATION
Sec. 2-225. - Articles of organization.
Sec. 2-226. - Amendment to articles of organization.
Sec. 2-227. - Cancellation of articles of organization.
Sec. 2-228. - Execution.
Sec. 2-229. - Execution, amendment or cancellation by judicial order.
Sec. 2-230. - Filing.
Sec. 2-231. - Notice.
Sec. 2-232. - Restated articles of organization.
Sec. 2-233. - Merger and consolidation.
Sec. 2-234. - Reserved.
Sec. 2-235. - Certificate of correction.
Secs. 2-236—2-249. - Reserved.
DIVISION III. - MEMBERS
Sec. 2-250. - Admission of members.
Sec. 2-251. - Classes and voting.
Sec. 2-252. - Liability to third parties; no waivers of tribal sovereign immunity.
Sec. 2-253. - Events of bankruptcy.
Sec. 2-254. - Access to and confidentiality of information; records.
Secs. 2-255—2-274. - Reserved.
DIVISION IV. - MANAGERS
Sec. 2-275. - Designation of manager.
Sec. 2-276. - Management of limited liability company.
Sec. 2-277. - Contributions by a manager.
Sec. 2-278. - Classes and voting.
Sec. 2-279. - Remedies for breach of operating agreement by manager.
Sec. 2-280. - Reliance on reports and information by member or manager.
Sec. 2-281. - Agency of members and managers.
Secs. 2-282—2-299. - Reserved.
DIVISION V. - FINANCE
Sec. 2-300. - Form of contribution.
Sec. 2-301. - Liability for contribution.
Sec. 2-302. - Allocation of profits and losses.
Sec. 2-303. - Allocation of distributions.
Sec. 2-304. - Defense of usury not available.
Secs. 2-305—2-324. - Reserved.
DIVISION VI. - DISTRIBUTIONS AND RESIGNATION
Sec. 2-325. - Interim distributions.
Sec. 2-326. - Resignation of manager.
Sec. 2-327. - Resignation of member.
Sec. 2-328. - Distribution upon resignation.
Sec. 2-329. - Distribution in kind.
Sec. 2-330. - Right to distribution.
Sec. 2-331. - Limitations on distribution.
Secs. 2-332—2-349. - Reserved.
DIVISION VII. - ASSIGNMENT OF LIMITED LIABILITY COMPANY INTERESTS
Sec. 2-350. - Nature of limited liability company interest.
Sec. 2-351. - Assignment of limited liability company interest.
Sec. 2-352. - Member's limited liability company interest subject to charging order.
Sec. 2-353. - Right of assignee to become member.
Secs. 2-355—2-374. - Reserved.
DIVISION VIII. - DISSOLUTION
Sec. 2-375. - Dissolution.
Sec. 2-376. - Judicial dissolution.
Sec. 2-377. - Winding up.
Sec. 2-378. - Distribution of assets.
Secs. 2-379—2-399. - Reserved.
DIVISION IX. - FOREIGN LIMITED LIABILITY COMPANIES
Sec. 2-400. - Tribal business license.
Sec. 2-401. - Doing business without business license.
Sec. 2-402. - Foreign limited liability companies doing business without having qualified; injunctions.
Sec. 2-403. - Execution; liability.
Sec. 2-404. - Service of process on registered foreign limited liability companies.
Sec. 2-405. - Service of process on unregistered foreign limited liability companies.
Sec. 2-406. - Foreign limited company doing business on the Nation.
Secs. 2-407—2-424. - Reserved.
DIVISION X. - DERIVATIVE ACTIONS
Sec. 2-426. - Proper plaintiff.
Sec. 2-427. - Complaint.
Sec. 2-428. - Expenses.
Secs. 2-429—2-449. - Reserved.
DIVISION XI. - MISCELLANEOUS
Sec. 2-450. - Construction and application of Article III and operating agreement.
Sec. 2-451. - Short ordinance.
Sec. 2-452. - Severability.
Sec. 2-453. - Cases not provided for in Article III.
Sec. 2-454. - Fees.
Sec. 2-455. - Reserved power of the Nation to alter or repeal Article III.
Sec. 2-456. - Revival of domestic limited liability company.
Secs. 2-457—2-474. - Reserved.
ARTICLE IV. - RIGHT TO WORK ORDINANCE
Sec. 2-475. - Findings.
Sec. 2-476. - Definitions.
Sec. 2-477. - Right to work.
Sec. 2-478. - Strike or picketing for illegal purpose.
Sec. 2-479. - Prohibition of threatened or actual interference with a person, his or her family or property to compel him to join labor organization, strike or leave employment.
Sec. 2-480. - Prohibition of conspiracy to induce persons to refuse to work with persons not members of labor organization.
Sec. 2-481. - Enforcement.
Sec. 2-482. - Injunctive relief.
Sec. 2-483. - Business license requirement.
Sec. 2-484. - Severability.
Sec. 2-485. - No waiver of sovereign immunity intended.
Sec. 2-486. - Effective date.
Secs. 2-487—2-499. - Reserved.
ARTICLE V. - EMPLOYER/EMPLOYEE RELATIONSHIP
Sec. 2-500. - Severability of employment relationship; protection from retaliatory discharge; exclusivity of statutory remedies in employment.
Sec. 2-501. - Constructive discharge.
Secs. 2-502—2-524. - Reserved.
ARTICLE VI. - WORKER'S COMPENSATION
Sec. 2-525. - Worker's compensation.
Secs. 2-526—2-550. - Reserved.
Chapter 3 - ELECTIONS
ARTICLE I. - ELECTION BOARD
Sec. 3-1. - Election board.
Sec. 3-2. - Duties.
ARTICLE II. - ELIGIBILITY OF VOTERS AND CANDIDATES
Sec. 3-3. - Voters.
Sec. 3-4. - Absentee voter.
Sec. 3-5. - Candidates.
ARTICLE III. - PETITIONS
Sec. 3-6. - Election petitions.
Sec. 3-7. - Certification, authorization and waiver.
Sec. 3-8. - Procedure for review and determination of candidacy qualification.
Sec. 3-9. - Availability of petitions, deadline for the submission of petitions.
Sec. 3-10. - Public inspection of filed petitions.
ARTICLE IV. - ELECTION
Sec. 3-11. - Preparation, form and content of ballots.
Sec. 3-12. - Election procedures.
Sec. 3-13. - Resignation and notice.
Sec. 3-14. - Absence from tribal employment for the purpose of voting.
Sec. 3-15. - Grounds for challenging voters.
Sec. 3-16. - Tie votes.
Sec. 3-17. - Validity of elections; election challenges.
Sec. 3-18. - Standard of review for an election contest.
Sec. 3-19. - The tribal council during the pendency of an election contest.
Sec. 3-20. - Time.
Sec. 3-21. - Repeal of previous election ordinances.
Secs. 3-22—3-49. - Reserved.
ARTICLE V. - RECALL PROCEDURES AND SPECIAL ELECTIONS
Sec. 3-50. - Officers subject to recall.
Sec. 3-51. - Application for recall petition.
Sec. 3-52. - Approval of application.
Sec. 3-53. - Appeal of election board's decision to approve or deny application.
Sec. 3-54. - Form of petition.
Sec. 3-55. - Filing a petition; limitations; subsequent petition.
Sec. 3-56. - Collection of signatures.
Sec. 3-57. - Verification procedure.
Sec. 3-58. - Appeal of election board's verification process.
Sec. 3-59. - Notice of recall election.
Sec. 3-60. - Recall election ballot.
Sec. 3-61. - Election challenges.
Sec. 3-62. - Special elections.
Sec. 3-63. - Application for petition for an initiative.
Sec. 3-64. - Approval of application.
Sec. 3-65. - Appeal of election board's decision to approve or deny application.
Sec. 3-66. - Form of petition.
Sec. 3-67. - Collection of signatures.
Sec. 3-68. - Verification procedure.
Sec. 3-69. - Appeal of election board's verification process.
Sec. 3-70. - Notice of initiative election.
Sec. 3-71. - Election ballot for an initiative.
Sec. 3-72. - Election challenges.
Sec. 3-73. - Applicability of general election rules.
Sec. 3-74. - Applicability of general election rules.
Chapter 4 - COURTS GENERALLY
ARTICLE I. - RESERVED
Sec. 4-1. - Reserved.
Sec. 4-2. - Reserved.
Sec. 4-3. - Reserved.
Sec. 4-4. - Reserved.
Secs. 4-5—4-20. - Reserved.
ARTICLE II. - RESERVED
Sec. 4-21. - Reserved.
Sec. 4-22. - Reserved.
Sec. 4-23. - Reserved.
Sec. 4-24. - Reserved.
Sec. 4-25. - Reserved.
Sec. 4-26. - Reserved.
Sec. 4-27. - Reserved.
Secs. 4-28—4-30. - Reserved.
ARTICLE III. - APPEALS
Sec. 4-31. - Supreme Court.
Sec. 4-32. - Right to appeal.
Sec. 4-33. - Appellate procedure.
Sec. 4-34. - Reserved.
Sec. 4-35. - Reserved.
Secs. 4-36—4-40. - Reserved.
RULES OF APPELLATE PROCEDURE.
Rule 1. - Scope of rules.
Rule 2. - Appeals from final judgments or final orders.
Rule 3. - Appeals from non-final orders.
Rule 4. - Briefs on appeal.
Rule 5. - The record on appeal.
Rule 6. - Oral argument.
Rule 7. - Transcripts of lower court proceedings.
Rule 8. - Motions practice.
Rule 9. - Filing.
Rule 10. - Service.
Rule 11. - Representatives of parties.
Rule 12. - Calculation of time.
Rule 13. - Extensions of time.
Rule 14. - Motions for stay of execution.
Rule 15. - Court decisions.
Rule 16. - Effective date.
ARTICLE IV. - RULES OF COURT
Sec. 4-41. - Reserved.
Sec. 4-42. - Protection of defendant's rights.
Sec. 4-43. - Action in cases of concurrent jurisdiction.
Secs. 4-44—4-50. - Reserved.
ARTICLE V. - LIMITATIONS OF ACTIONS
DIVISION 1. - CIVIL ACTIONS
Sec. 4-51. - Accrual of actions.
Sec. 4-52. - Contracts and agreements.
Sec. 4-53. - Torts.
Sec. 4-54. - Actions against the Nation.
Sec. 4-55. - General limitation.
Sec. 4-56. - Tolling; effect of minority, insanity, imprisonment.
Sec. 4-57. - Tacking of disabilities prohibited.
Sec. 4-58. - Foreign judgments and causes of action.
Sec. 4-59. - Commencement, saving of action timely commenced.
Sec. 4-60. - Presumption of death.
Sec. 4-61. - Exemption of Nation from limitations.
Sec. 4-62. - Effect of absence from territory of Nation.
Sec. 4-63. - Persons who may maintain action for injury or death of a child or ward.
Secs. 4-64—4-74. - Reserved.
DIVISION 2. - CRIMINAL ACTIONS
Sec. 4-75. - Limitations of prosecution.
DIVISION 3. - GENERAL PROVISIONS
Sec. 4-76. - Severability.
Secs. 4-77—4-84. - Reserved.
ARTICLE VI. - SOVEREIGN IMMUNITY
Sec. 4-85. - Sovereign immunity of the Nation.
Sec. 4-86. - Immunity of officials, officers, and tribal employees.
Sec. 4-87. - Severability.
Chapter 5 - CIVIL AND CRIMINAL PROCEDURE
ARTICLE I. - IN GENERAL
Sec. 5-1. - Application of law.
Secs. 5-3—5-10. - Reserved.
ARTICLE II. - CIVIL PROCEDURE
Sec. 5-11. - Commencement of action.
Sec. 5-12. - Preparation of claim.
Sec. 5-13. - Service of process.
Sec. 5-14. - Set-off or counterclaim.
Sec. 5-15. - Title, pleading, forms.
Sec. 5-16. - Judgment by default.
Sec. 5-17. - Notice of trial.
Sec. 5-18. - Discovery of information.
Sec. 5-19. - Witnesses.
Sec. 5-20. - Service of answer, counterclaim, reply and requests.
Sec. 5-21. - Conciliation and settlement of dispute.
Sec. 5-22. - Failure of parties to appear.
Sec. 5-23. - Procedure.
Sec. 5-24. - Judgments and damages.
Sec. 5-25. - Juries.
Secs. 5-26—5-30. - Reserved.
ARTICLE III. - CRIMINAL PROCEDURE
I. - APPLICABILITY.
Rule 1. - Jurisdiction and purpose.
Rule 2. - Scope.
II. - PRELIMINARY PROCEEDINGS.
Rule 3. - Complaints.
Rule 4. - Joinder of offenses and of defendants.
Rule 5. - Severance.
Rule 6. - Criminal forfeiture.
Rule 7. - Arrest.
Rule 8. - Hot pursuit.
Rule 9. - Warrant to arrest.
Rule 10. - Summons.
Rule 11. - Search warrants.
Rule 12. - Confidentiality of executed or unexecuted warrants or summons.
Rule 13. - Unexecuted warrants or summons.
Rule 14. - Computing and extending time.
III. - CRIMINAL COURT PROCEEDINGS.
Rule 15. - Arraignment.
Rule 16. - Defendant's waiver of reading the rights, complaint, Code section, and penalties.
Rule 17. - Release prior to trial.
Rule 18. - Modifying release conditions.
Rule 19. - Review of conditions of release; revocation of release.
Rule 20. - Return of bond.
Rule 21. - Pleas.
Rule 22. - Plea agreement procedures.
Rule 23. - Pretrial motion practice.
Rule 24. - Competency of defendant.
Rule 25. - Discovery.
Rule 26. - Disclosure by the Nation.
Rule 27. - Disclosure by defendant.
Rule 28. - Continuing duty to disclose.
Rule 29. - Subpoena.
Rule 30. - Subpoena or summons of members of tribal council, tribal government employees and tribal enterprises.
Rule 31. - Pretrial hearings.
IV. - TRIAL.
Rule 32. - Trial procedure.
Rule 33. - Trial in absentia.
Rule 34. - Jury trial; waiver.
Rule 35. - Jury panel.
Rule 36. - Challenges for cause; peremptory challenges and good cause.
Rule 37. - Bench trial.
Rule 38. - Taking of testimony.
Rule 39. - Evidence.
Rule 40. - Lesser offense.
Rule 41. - Judgment of acquittal.
Rule 42. - Reservation of decision on motion.
Rule 43. - Closing argument.
Rule 44. - Speedy trial.
Rule 45. - Continuances.
Rule 46. - Instructions.
Rule 47. - Materials used during deliberation.
Rule 48. - Further review of evidence and additional instructions.
Rule 49. - Assisting jurors at impasse.
Rule 50. - Verdict forms.
Rule 51. - Verdict.
Rule 52. - Mistrial.
V. - POST-CONVICTION PROCEDURES.
Rule 53. - Motion for new trial.
Rule 54. - Pre-sentence.
Rule 55. - Special duty of the nation.
Rule 56. - Sentencing.
Rule 57. - Fines and restitution.
Rule 58. - Judgment.
Rule 59. - Correction or reduction of sentence.
VI. - PROBATION AND PROBATION REVOCATION PROCEDURES.
Rule 60. - Probation.
Rule 61. - Imposing probation.
Rule 62. - Standard terms and/or conditions of probation.
Rule 63. - Special terms and/or conditions of probation for domestic violence cases.
Rule 64. - Term of probation.
Rule 65. - Modification, clarification or extension of probation, terms and/or conditions.
Rule 66. - Early termination of probation.
Rule 67. - Order and notice of discharge.
Rule 68. - Revocation; tolling of probationary period.
Rule 69. - Initiation of revocation proceedings.
Rule 70. - Securing probationer's appearance.
Rule 71. - Arraignment.
Rule 72. - Violation hearing; burden of proof.
Rule 73. - Disposition.
Rule 74. - Determination of guilt in offense; disposition.
Rule 75. - Admission of probationer.
Rule 76. - Hearing required.
Rule 77. - Victims' rights.
Rule 78. - Mandatory revocation; exceptions.
Rule 79. - Fines/fees.
VII. - DIVERSION PROGRAMS EXCLUDING WELLNESS COURT.
Rule 80. - Nation's discretion.
Rule 81. - When offered.
Rule 82. - Tolling of time; speedy trial.
Rule 83. - Entry of guilty plea; deferred acceptance of plea.
VIII. - WELLNESS COURT.
Rule 84. - Wellness Court eligible cases.
Rule 85. - Offer for Wellness Court is made/declined.
Rule 86. - Tolling of time; speedy trial.
Rule 87. - Entry of guilty plea; deferred acceptance of plea.
IX. - GENERAL PROVISIONS.
Rule 88. - Interpreters.
Rule 89. - Clerical mistakes.
Rule 90. - Judge; disability.
Rule 91. - Appeals.
Rule 92. - Stay of execution.
Rule 93. - Violation of promise to appear.
Rule 94. - Criminal contempt.
Rule 95. - Defendant's presence; waiver; forfeiture; trial in absentia.
Rule 96. - Retention/destruction of records.
Rule 97. - Disposition of evidence.
Rule 98. - Dismissal.
X. - CRIME VICTIMS' RIGHTS.
Rule 99. - Definitions.
Rule 100. - Victims' rights.
Rule 101. - Victim's responsibility.
Secs. 5-31—5-49. - Reserved.
ARTICLE IV. - RECEIVERS
Sec. 5-50. - Application for appointment.
Sec. 5-51. - Hearing on application.
Sec. 5-52. - Findings of fact.
Sec. 5-53. - Qualifications of receiver.
Sec. 5-54. - Bond.
Sec. 5-55. - Removal or suspension of receiver; termination of receivership.
Secs. 5-56—5-60. - Reserved.
ARTICLE V. - RULES OF PROCEDURE FOR THE RECOGNITION OF FOREIGN JUDGMENTS
Sec. 5-61. - Applicability.
Sec. 5-62. - Definitions.
Sec. 5-63. - Filing procedures.
Sec. 5-64. - Responses.
Sec. 5-65. - Recognition of judgments.
Sec. 5-66. - Stay.
Sec. 5-67. - Contacting foreign courts.
Secs. 5-68—5-69. - Reserved.
Chapter 6 - CRIMINAL CODE
ARTICLE I. - IN GENERAL
Sec. 6-1. - Eligible age for court jurisdiction.
Sec. 6-2. - Classification of crimes; sentencing ranges.
Sec. 6-3. - Definitions.
Sec. 6-4. - Aiding or abetting.
Sec. 6-5. - Solicitation.
Sec. 6-6. - Attempt.
Sec. 6-7. - Conspiracy.
Sec. 6-8. - Renunciation of aiding or abetting, attempt, solicitation and conspiracy.
Secs. 6-9—6-14. - Reserved.
ARTICLE II. - OFFENSES AGAINST PUBLIC ADMINISTRATION
Sec. 6-15. - False arrest.
Sec. 6-16. - Disorderly conduct.
Sec. 6-17. - Resisting arrest.
Sec. 6-18. - Escape.
Sec. 6-19. - Impersonation of law enforcement officer or Nation officer.
Sec. 6-20. - Obstructing justice.
Sec. 6-21. - False reporting.
Sec. 6-22. - Contempt of Court.
Sec. 6-23. - Disobedience to lawful orders of Court.
Sec. 6-24. - Destroying, disposing of or concealing evidence.
Sec. 6-25. - Perjury.
Sec. 6-26. - Harboring a fugitive.
Sec. 6-27. - Tampering with a juror.
Sec. 6-28. - Tampering with a witness.
Secs. 6-29—6-34. - Reserved.
ARTICLE III. - OFFENSES AGAINST PERSONS
Sec. 6-35. - Assault.
Sec. 6-36. - Aggravated assault.
Sec. 6-37. - Endangerment.
Sec. 6-38. - Threatening or intimidating.
Sec. 6-39. - Homicide.
Sec. 6-40. - Harassment.
Sec. 6-41. - Use of telephone to commit offense.
Sec. 6-42. - Stalking.
Sec. 6-43. - Kidnapping.
Sec. 6-44. - Unlawful imprisonment.
Sec. 6-45. - Robbery; definitions.
Sec. 6-46. - Robbery.
Sec. 6-47. - Aggravated robbery.
Secs. 6-48—6-54. - Reserved.
ARTICLE IV. - SEXUAL OFFENSES
Sec. 6-55. - Definitions.
Sec. 6-56. - Sexual assault.
Sec. 6-57. - Aggravated sexual assault.
Sec. 6-58. - Sexual assault of a minor or ward.
Sec. 6-59. - General defenses.
Sec. 6-60. - Sex offenses against minors.
Sec. 6-61. - Forfeiture of electronic or mechanical devices.
Sec. 6-62. - Prostitution.
Sec. 6-63. - Indecent exposure.
Sec. 6-64. - Incest.
Sec. 6-65. - Bestiality.
Sec. 6-66. - Admissibility of evidence of prior sexual conduct.
Sec. 6-67. - Registration of sex offenders.
Secs. 6-68, 6-69. - Reserved.
ARTICLE V. - OFFENSES AGAINST MINORS AND DEPENDENTS
Sec. 6-70. - Failing to provide for dependant persons.
Sec. 6-71. - Permitting child's life, health or morals to be imperiled.
Sec. 6-72. - Contributing to the delinquency or dependency of a child.
Sec. 6-73. - Selling tobacco, paper or wrappers to minors.
Sec. 6-74. - Selling or furnishing spirituous liquor to a person under the age of twenty-one (21) Years.
Sec. 6-75. - Custodial interference.
Secs. 6-76—6-79. - Reserved.
ARTICLE VI. - OFFENSES AGAINST PROPERTY
Sec. 6-80. - Permissible inferences.
Sec. 6-81. - Receiving stolen property.
Sec. 6-82. - Bribery.
Sec. 6-83. - Cheats and frauds.
Sec. 6-84. - Extortion.
Sec. 6-85. - Forgery.
Sec. 6-86. - Embezzlement.
Sec. 6-87. - Disposing of property of an estate.
Sec. 6-88. - Theft.
Sec. 6-89. - Shoplifting, detaining suspect, defense to wrongful detention.
Sec. 6-90. - Trespass.
Sec. 6-91. - Illegal entry.
Sec. 6-92. - Criminal damage.
Sec. 6-93. - Joyriding.
Sec. 6-94. - Cutting fence.
Sec. 6-95. - Destroying native plants without permit.
Sec. 6-96. - Misbranding.
Sec. 6-97. - Illegal burning.
Sec. 6-98. - Arson.
Sec. 6-99. - Fireworks prohibited.
Sec. 6-100. - Unlawful dumping or burning.
Sec. 6-101. - Cruelty to animals.
Secs. 6-102—6-109. - Reserved.
ARTICLE VII. - ALCOHOL AND DRUG-RELATED OFFENSES
Sec. 6-110. - Possession or use of controlled substances.
Sec. 6-111. - Unlawful use of vapor-releasing substance.
Sec. 6-112. - Possession, manufacture or delivery of drug paraphernalia.
Sec. 6-113. - Underage consumption.
Sec. 6-114. - Possession of spirituous liquor by a person under twenty-one (21) years.
Sec. 6-115. - Seizure of vehicles used in controlled substances violations.
Secs. 6-116—6-119. - Reserved.
ARTICLE VIII. - WEAPONS AND EXPLOSIVES
Sec. 6-120. - Definitions.
Sec. 6-121. - Discharge of firearms.
Sec. 6-122. - Misuse of firearms.
Sec. 6-123. - Carrying concealed weapon.
Sec. 6-124. - Prohibited weapons.
Secs. 6-125—6-129. - Reserved.
ARTICLE IX. - GANG-RELATED OFFENSES
Sec. 6-130. - Definitions.
Sec. 6-131. - Participating in or assisting a criminal syndicate.
Sec. 6-132. - Participating in or assisting a criminal street gang.
Sec. 6-133. - Drive by shooting.
Secs. 6-134—6-139. - Reserved.
ARTICLE X. - SENTENCING AND PROBATION
Sec. 6-140. - General conditions of sentence.
Sec. 6-141. - Determining factors.
Sec. 6-142. - Additional penalties or conditions; costs assessed against per capita payments; maximum sentence.
Sec. 6-143. - Probation.
Sec. 6-144. - Violation of probation.
Sec. 6-145. - Parole or early release.
Secs. 6-146—6-149. - Reserved.
Chapter 7 - EXTRADITION AND CIVIL TRESPASS
ARTICLE I. - EXTRADITION
Sec. 7.1-1. - Definitions.
Sec. 7.1-2. - Fugitives from justice; duty of chief executive.
Sec. 7.1-3. - Applicability of chapter.
Sec. 7.1-4. - Form of demand.
Sec. 7.1-5. - President may investigate case.
Sec. 7.1-6. - Extradition of persons imprisoned or awaiting trial in a state or another tribe or who have left the demanding jurisdiction under compulsion.
Sec. 7.1-7. - Extradition of persons not present in demanding jurisdiction at time of commission of crime.
Sec. 7.1-8. - Issue of president's warrant of arrest; recitals of fact.
Sec. 7.1-9. - Manner and place of execution of warrant.
Sec. 7.1-10. - Authority of arresting officer.
Sec. 7.1-11. - Rights of accused person; application for writ of habeas corpus.
Sec. 7.1-12. - Penalty for noncompliance with preceding section.
Sec. 7.1-13. - Confinement in jail when necessary.
Sec. 7.1-14. - Arrest prior to requisition.
Sec. 7.1-15. - Arrest without a warrant.
Sec. 7.1-16. - Commitment to await requisition; bail.
Sec. 7.1-17. - Bail; in what cases; conditions of bond.
Sec. 7.1-18. - Extension of time of commitment; adjournment.
Sec. 7.1-19. - Forfeiture of bail.
Sec. 7.1-20. - Persons under criminal prosecution in this Nation at time of requisition.
Sec. 7.1-21. - Guilt or innocence of accused; when inquired into.
Sec. 7.1-22. - President may recall warrant or issue alias.
Sec. 7.1-23. - Fugitives from this Nation; duty of president.
Sec. 7.1-24. - Application for issuance of requisition; by whom made; contents.
Sec. 7.1-25. - Costs and expenses.
Sec. 7.1-26. - Immunity from service of process in certain civil actions.
Sec. 7.1-27. - Written waiver of extradition proceedings.
Sec. 7.1-28. - Nonwaiver by the Fort McDowell Yavapai Nation.
Sec. 7.1-29. - No right of asylum; no immunity for other criminal prosecutions while in this jurisdiction.
Sec. 7.1-30. - Severability.
Secs. 7.2—7.4. - Reserved.
ARTICLE II. - CIVIL TRESPASS
Sec. 7.5-1. - Purpose.
Sec. 7.5-2. - Civil trespass.
Sec. 7.5-3. - Civil penalties.
Sec. 7.5-4. - Forfeiture authorized.
Sec. 7.5-5. - Jurisdiction.
Sec. 7.5-6. - Civil trespass actions.
Sec. 7.5-7. - Remedies.
Sec. 7.5-8. - Removal of trespassers.
Sec. 7.5-9. - Seizure and forfeiture of property.
Sec. 7.5-10. - Forfeiture proceedings.
Sec. 7.5-11. - Enforcement of civil penalties.
Sec. 7.5-12. - Advocate fees.
Sec. 7.5-13. - Time limitation.
Sec. 7.5-14. - Authorized law enforcement officers.
ARTICLE III. - TAMPERING WITH A WITNESS OR A JUROR
Sec. 7.6-1. - Tampering with a witness; civil penalty.
Sec. 7.6-2. - Tampering with a juror; civil penalty.
Chapter 8 - DOMESTIC VIOLENCE, ORDERS OF PROTECTION, AND HARASSMENT ORDERS
ARTICLE I. - DOMESTIC VIOLENCE
Sec. 8-1. - Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice; report; diversion; notice.
ARTICLE II. - ORDERS OF PROTECTION
Sec. 8-2. - Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction.
ARTICLE III. - HARASSMENT ORDERS
Sec. 8-3. - Injunction against harassment; petition; venue; fees; notices; enforcement; definition.
Chapter 9 - PROBATE
Sec. 9-1. - Determination of heirs; probate.
Sec. 9-2. - Procedure of court.
Sec. 9-3. - Approval of wills.
Chapter 10 - DOMESTIC RELATIONS
ARTICLE I. - IN GENERAL
Sec. 10-1. - Determination of paternity and support.
Secs. 10-2—10-10. - Reserved.
ARTICLE II. - MARRIAGE, DIVORCE, ANNULMENT, SEPARATE MAINTENANCE
Sec. 10-11. - Marriages to be according to state law.
Sec. 10-12. - Marriages validated.
Sec. 10-13. - Procedure for judgment of validity.
Sec. 10-14. - Bigamy.
Sec. 10-15. - Annulment of marriage.
Sec. 10-16. - Divorce or separate maintenance.
Sec. 10-17. - Procedure for annulment, divorce or separate maintenance.
Sec. 10-18. - Legitimacy of children not affected by divorce.
Sec. 10-19. - Permanent alimony, custody of children and costs.
Sec. 10-20. - Modification of judgment affecting alimony and support of minor children.
Sec. 10-21. - Establishment and modification of orders for child support.
Secs. 10-22—10-30. - Reserved.
ARTICLE III. - ADOPTION
Sec. 10-31. - Adoption of a minor.
Sec. 10-32. - Age of person adopting.
Sec. 10-33. - Consent of spouse.
Sec. 10-34. - Consent to adoption by natural parents and by child over twelve (12).
Sec. 10-35. - Form and content of consent to adoption.
Sec. 10-36. - Termination of parental rights.
Sec. 10-37. - Hearing to be by juvenile court; ruling on grounds for termination.
Sec. 10-38. - Hearing, order and rights under adoption order.
Sec. 10-39. - Adoption of illegitimate child by father.
Secs. 10-40—10-50. - Reserved.
ARTICLE IV. - GUARDIANSHIP
DIVISION I. - GENERALLY
Sec. 10-51. - Definitions.
Sec. 10-52. - Appointment by court to guardianship.
Sec. 10-53. - Jurisdiction over court-appointed guardians.
Sec. 10-54. - Qualifications of guardians.
Sec. 10-55. - Appointment by will or deed.
Sec. 10-56. - Termination of powers.
Sec. 10-57. - Rules for selection of court-appointed guardian.
Sec. 10-58. - State law applicable.
Sec. 10-59. - Fees and bond required.
Sec. 10-60. - Powers of guardians.
Sec. 10-61. - Removal of guardian.
Sec. 10-62. - Termination of powers of guardians appointed by court.
Sec. 10-63. - Release by ward.
Secs. 10-64—10-70. - Reserved.
DIVISION 2. - GUARDIANS FOR INCOMPETENTS
Sec. 10-71. - Guardian of incompetent members.
Sec. 10-72. - Duties; bond.
Sec. 10-73. - Restoration of capacity.
Sec. 10-74. - State laws applicable.
ARTICLE V. - ADULT PROTECTIVE PROCEDURES
Sec. 10-75. - Policies and purpose.
Sec. 10-76. - Definitions.
Sec. 10-77. - Jurisdiction.
Sec. 10-78. - Limitation of authority; duty to inform.
Sec. 10-79. - Duty to report abuse and neglect of adults/elders.
Sec. 10-80. - Immunity of participant: non-privileged communication.
Chapter 11 - JUVENILES
ARTICLE I. - IN GENERAL
Sec. 11-1. - PURPOSE AND DEFINITIONS.
Sec. 11-1 A. - Purpose.
Sec. 11-1 B. - Definitions.
Sec. 11-2. - Establishment of Juvenile Court.
Sec. 11-3. - JURISDICTION.
Sec. 11-3 A. - General.
Sec. 11-3 B. - Jurisdiction of extended family.
Sec. 11-3 C. - Continuing jurisdiction.
Sec. 11-3 D. - Termination of jurisdiction.
Sec. 11-3 E. - Transfer to Tribal Court.
Sec. 11-4. - PROCEDURES AND AUTHORIZATIONS.
Sec. 11-4 A. - Rules of procedure.
Sec. 11-4 B. - Fees.
Sec. 11-4 C. - Service of process.
Sec. 11-4 D. - Warrants and orders for immediate custody.
Sec. 11-4 E. - Treatment or examination of physical, mental or emotional condition.
Sec. 11-4 F. - Cooperation with other agencies.
Sec. 11-4 G. - Contracts with outside agencies.
Sec. 11-4 H. - Timing of motions and responses.
Sec. 11-4 I. - Deferrals of judgment.
Sec. 11-5. - JUVENILE COURT PERSONNEL.
Sec. 11-5 A. - Juvenile Court judge.
Sec. 11-5 B. - Guardian ad litem.
Sec. 11-6. - PROTECTIVE SERVICES WORKERS.
Sec. 11-6 A. - Power and duties.
Sec. 11-6 B. - Limitations of authority; duty to inform.
Sec. 11-7. - RIGHTS AND OBLIGATIONS OF PARTIES.
Sec. 11-7 A. - Rights and obligations of juvenile.
Sec. 11-7 B. - Rights and obligations of a parent or guardian.
Sec. 11-8. - MODIFICATION, REVOCATION OR EXTENSION OF COURT ORDERS.
Sec. 11-8 A. - Motion to modify, revoke or extend Court order.
Sec. 11-8 B. - Hearing.
Sec. 11-9. - JUVENILE RECORDS: CONFIDENTIALITY.
Sec. 11-9 A. - Juvenile Court records.
Sec. 11-9 B. - Data for Nation's Revenue Allocation Plan and Nation's benefits.
Sec. 11-10. - JUVENILE COURT APPEALS.
Sec. 11-10 A. - Time limit for appeal.
Sec. 11-10 B. - Record.
Sec. 11-10 C. - Stay of order pending appeal.
ARTICLE II. - CHILD PROTECTION
Sec. 11-11. - DUTY TO REPORT CHILD ABUSE AND NEGLECT.
Sec. 11-11 A. - Duty to report.
Sec. 11-11 B. - Mandatory reporters.
Sec. 11-11 C. - Abuse and neglect reports.
Sec. 11-11 D. - Immunity from liability and waiver of privilege.
Sec. 11-11 E. - Penalty for not reporting.
Sec. 11-12. - INVESTIGATION AND REMOVAL.
Sec. 11-12 A. - Investigation.
Sec. 11-12 B. - Grounds for emergency removal.
Sec. 11-13. - Restrictions on placement of children
Sec. 11-14. - NOTICE OF REMOVAL/PETITION FOR IMMEDIATE CUSTODY.
Sec. 11-14 A. - Notice to the parent, guardian or custodian.
Sec. 11-14 B. - Petition for immediate temporary custody.
Sec. 11-14 C. - Temporary custody hearing.
Sec. 11-15. - JURISDICTION OF COURT.
Sec. 11-15 A. - Authorization to file petition.
Sec. 11-15 B. - Notice.
Sec. 11-15 C. - Contents of petition.
Sec. 11-15 D. - Setting an initial hearing.
Sec. 11-16. - INITIAL AND ADJUDICATORY HEARINGS.
Sec. 11-16 A. - Advise of rights: At the initial dependency hearing, the Court shall advise the parent(s) or guardian(s) of the following:
Sec. 11-16 B. - Nature of hearings.
Sec. 11-16 C. - Possible outcomes of initial hearing
Sec. 11-16 D. - Adjudication by default.
Sec. 11-16 E. - Timing and possible outcome of adjudicatory hearing.
Sec. 11-16 F. - Adjudicatory hearing—-miscellaneous.
Sec. 11-17. - DISPOSITION HEARINGS/DISPOSITIONAL REVIEW HEARINGS.
Sec. 11-17 A. - Written report.
Sec. 11-17 B. - Evidence.
Sec. 11-17 C. - Notice and timing of dispositional review hearings.
Sec. 11-17 D. - Placement preferences.
Sec. 11-18. - PERMANENCY PLANNING.
Sec. 11-18 A. - Initial permanency planning hearing.
Sec. 11-18 B. - Permanency planning hearing.
Sec. 11-18 C. - Permanency planning review hearings:
ARTICLE III. - TERMINATION OF PARENTAL RIGHTS
Sec. 11-19. - TERMINATION OF PARENTAL RIGHTS.
Sec. 11-19 A. - Preferred parental right to custody.
Sec. 11-19 B. - Grounds for termination of parental rights.
Sec. 11-19 C. - Petition for termination of parental rights.
Sec. 11-19 D. - Notice of the termination of parental rights hearing.
Sec. 11-19 E. - Pre-termination report.
Sec. 11-19 F. - Voluntary termination of parental rights.
Sec. 11-19 G. - Termination of parental rights hearing.
Sec. 11-19 H. - Findings of fact and conclusions of law.
Sec. 11-19 I. - Result of termination order.
Sec. 11-19 J. - Child's continued right to benefits.
Sec. 11-19 K. - Custody after termination order.
Sec. 11-19 L. - Future review hearings.
ARTICLE IV. - JUVENILE DELINQUENCY
Sec. 11-20. - ARREST AND DETENTION OF JUVENILES.
Sec. 11-20 A. - Taking juvenile into custody.
Sec. 11-20 B. - Notification to parent/guardian.
Sec. 11-20 C. - Release or continued detention.
Sec. 11-21. - DETENTION HEARING.
Sec. 11-21 A. - Requirement of a detention hearing.
Sec. 11-21 B. - Purpose of detention hearing.
Sec. 11-21 C. - Notice of detention hearing.
Sec. 11-21 D. - Factors to be considered at detention hearings.
Sec. 11-21 E. - Order for continued detention or condition or release.
Sec. 11-22. - INITIAL AND ADJUDICATION HEARINGS.
Sec. 11-22 A. - Filing and Content of Delinquency Petition.
Sec. 11-22 B. - Issuance, Content and Service of Summons.
Sec. 11-22 C. - Initial Hearing.
Sec. 11-22 D. - Pre-Adjudication Hearing.
Sec. 11-22 E. - Adjudication Hearing.
Sec. 11-23. - PRE-DISPOSITION STUDIES: REPORTS AND EXAMINATIONS.
Sec. 11-23 A. - Pre-disposition reports: At the direction of the Court, the juvenile probation officer or other authorized person(s) shall prepare a pre-disposition report.
Sec. 11-23 B. - Pre-disposition examinations.
Sec. 11-23 C. - Alcohol or substance abuse assessment.
Sec. 11-23 D. - Submissions of reports.
Sec. 11-24. - DISPOSITION HEARINGS.
Sec. 11-24 A. - Purpose and conduct of disposition hearing:.
Sec. 11-24 B. - Time limitation.
Sec. 11-24 C. - Notice.
Sec. 11-24 D. - Evidence and reports.
Sec. 11-24 E. - Findings.
Sec. 11-24 F. - Disposition alternatives.
Sec. 11-24 G. - Establishment of conditions.
Secs. 11-25—11-50. - Reserved.
ARTICLE V. - TRUANCY
Sec. 11-51. - School defined.
Sec. 11-52. - Parental responsibility.
Sec. 11-53. - Applicability.
Sec. 11-54. - Truancy officer and duties.
Sec. 11-55. - Providing Information to Truancy Officer.
Sec. 11-56. - Notice of Truancy and Fines.
Sec. 11-57. - Appeals.
Sec. 11-58. - Judgments.
Sec. 11-59. - Severability.
Secs. 11-60—11-70. - Reserved.
ARTICLE VI. - CURFEW
Sec. 11-71. - Curfew for juveniles under fifteen (15) years; exceptions.
Sec. 11-72. - Curfew for juveniles of the age of fifteen (15) years and under eighteen (18) years; exceptions.
Sec. 11-73. - Responsibility of parent or guardian.
Sec. 11-74. - Curfew violations to be separate offenses.
Sec. 11-75. - Parents not having knowledge not to constitute defense.
Sec. 11-76. - Delivery of juvenile into custody of parent or guardian.
Sec. 11-77. - Penalties.
Secs. 11-78—11-80. - Reserved.
ARTICLE VII. - RIGHTS OF CHILDREN VICTIMS AND WITNESSES OF CRIME
Sec. 11-81. - Intent.
Sec. 11-82. - Definitions.
Sec. 11-83. - Rights of child victims and witnesses.
Sec. 11-84. - Civil liability.
ARTICLE VIII. - APPLICATION OF THE INDIAN CHILD WELFARE ACT
Sec. 11-85. - Application of the Indian Child Welfare Act.
Chapter 12 - ANIMALS AND FOWL
ARTICLE I. - ANIMAL CONTROL ORDINANCE
Sec. 12-1. - Definitions.
Sec. 12-2—12-9. - Reserved.
Sec. 12-10. - Animal Control Officer.
Sec. 12-11. - Unlawful interference with Animal Control Officer.
Secs. 12-12—12-14. - Reserved.
Sec. 12-15. - Registration; issuance of license certificates.
Sec. 12-16. - Responsibilities of owners and other persons.
Sec. 12-17. - Responsibility to prevent public nuisance.
Sec. 12-18. - Household limitations.
Sec. 12-19. - Impounding dogs.
Sec. 12-20. - Quarantine of biting animals; authority to destroy.
Sec. 12-21. - Diseased animals.
Sec. 12-22. - Control of vicious dog; authority to destroy.
Sec. 12-23. - Liability of the Nation, officers or employees.
Sec. 12-24. - Civil penalties and liabilities.
Sec. 12-25. - Civil infraction procedures.
Secs. 12-26—12-39. - Reserved.
ARTICLE II. - LIVESTOCK ORDINANCE
Sec. 12-40. - Definitions.
Sec. 12-41. - Branding.
Sec. 12-42. - Brands.
Sec. 12-43. - Ranging of unbranded range livestock.
Sec. 12-44. - Certified copy of brand book entered as evidence of ownership.
Sec. 12-45. - Inspection of livestock (Livestock Inspector).
Sec. 12-46. - Method of inspection.
Sec. 12-47. - Record and certificate of inspections.
Sec. 12-48. - Any person claiming such livestock; unweaned, freshly branded or no brands shall present evidence of ownership.
Sec. 12-49. - Prohibited issuing of certificates of inspections.
Sec. 12-50. - Alteration of certificate of inspection.
Sec. 12-51. - Substitution of animals after issuance of certificate of inspection.
Sec. 12-52. - Transportation of livestock without a certificate of inspection.
Sec. 12-53. - Cruelty to livestock.
Sec. 12-54. - Dogs harming livestock.
Sec. 12-55. - Sale of livestock without a lawful brand.
Sec. 12-56. - Branding with an unregistered brand.
Sec. 12-57. - Gathering livestock without consent of the owner.
Sec. 12-58. - Taking animals without consent of the owner.
Sec. 12-59. - Branding or altering the brand of an animal of another—Civil penalty.
Sec. 12-60. - Branding or altering the brand of an animal of another—Criminal penalty.
Sec. 12-61. - Tampering with property (livestock).
Sec. 12-62. - Stray/seized livestock; impoundment; claim by owner/Nation.
Sec. 12-63. - Civil penalties and liabilities.
Sec. 12-64. - Criminal penalties and liabilities.
Secs. 12-65—12-89. - Reserved.
Chapter 13 - HEALTH AND SANITATION
ARTICLE I. - IN GENERAL
Sec. 13-1. - Disposal of dead animals.
Sec. 13-2. - Pollution of domestic water.
Sec. 13-3. - Illegal dumping.
Sec. 13-4. - Violations.
Secs. 13-5—13-20. - Reserved.
ARTICLES II—IV. - RESERVED
Secs. 13-21—13-70. - Reserved.
ARTICLE V. - FOOD SERVICE ESTABLISHMENTS AND RETAIL FOOD STORES
Sec. 13-71. - Policy.
Sec. 13-72. - Definitions.
Sec. 13-73. - License required.
Sec. 13-74. - Relationship of license to others.
Sec. 13-75. - Application for license.
Sec. 13-76. - Duration of license.
Sec. 13-77. - Display of licenses.
Sec. 13-78. - Sanitation codes.
Sec. 13-79. - Intergovernmental agreements and consulting contracts.
Sec. 13-80. - Regulations.
Sec. 13-81. - License suspension or revocation.
Sec. 13-82. - Appeals; waiver of requirements.
Sec. 13-83. - Violations.
Chapter 15 - EXCLUSION ORDINANCE
Sec. 15-1. - Persons subject to removal or exclusion.
Sec. 15-2. - Grounds for removal or exclusion.
Sec. 15-3. - Exclusion proceedings: notice, hearing, appeal, and enforcement.
Sec. 15-4. - Removal of non-members without a hearing.
Sec. 15-5. - Permanent set aside of exclusion order.
Sec. 15-6. - Temporary set aside of exclusion order.
Sec. 15-7. - Exception for court ordered appearances.
Sec. 15-8. - General powers.
Sec. 15-9. - Severability.
Chapter 16 - TRAFFIC CODE
ARTICLE I. - IN GENERAL
Sec. 16-1. - Definitions.
Sec. 16-2. - Record of traffic cases.
ARTICLE II. - CRIMINAL TRAFFIC
DIVISION 1. - PROCEDURE AND PENALTY
Sec. 16-3. - Criminal procedure.
Sec. 16-4. - Classification of crimes; sentencing ranges.
DIVISION 2. - CRIMINAL TRAFFIC OFFENSES
Sec. 16-5. - Parties to a crime.
Sec. 16-6. - Failure to appear or respond.
Sec. 16-7. - Unauthorized destruction of citation.
Sec. 16-8. - Obedience to law enforcement officer.
Sec. 16-9. - Refusal to give identification.
Sec. 16-10. - Refusal to produce driver's license and/or registration.
Sec. 16-11. - Vehicular homicide.
Sec. 16-12. - Vehicular assault.
Sec. 16-13. - Reckless driving.
Sec. 16-14. - Implied consent; consequences of refusal.
Sec. 16-15. - Driving or actual physical control while under the influence; presumptions.
Sec. 16-16. - Driving or in actual physical control while under the extreme influence of intoxicating liquor.
Sec. 16-17. - Aggravated driving or actual physical control while under the influence.
Sec. 16-18. - Eluding or attempting to elude a law enforcement officer.
Sec. 16-19. - Driving without valid license.
Sec. 16-20. - Registration of motor vehicle.
Sec. 16-21. - Permitting unauthorized person to drive.
Sec. 16-22. - Permitting unauthorized minor to drive.
Sec. 16-23. - Underage drinking and driving.
Sec. 16-24. - Extreme underage drinking and driving.
Sec. 16-25. - Aggravated underage drinking and driving.
Sec. 16-26. - Consumption or possession of open containers of spirituous liquor in motor vehicles.
Sec. 16-27. - Racing and drag races.
Sec. 16-28. - Duty to stop upon striking vehicle.
Secs. 16-29. - 16-50. - Reserved.
ARTICLE III. - CIVIL TRAFFIC
DIVISION 1. - GENERALLY
Sec. 16-51. - Purpose.
Sec. 16-52. - Jurisdiction.
Sec. 16-53. - Explanation of privilege.
Sec. 16-54. - Officers to enforce traffic codes.
Sec. 16-55. - Effect of invalidity.
Sec. 16-56. - Habitual traffic offender.
Sec. 16-57. - Fine/sanctions for civil infractions.
Secs. 16-58—16.60. - Reserved.
DIVISION 2. - CIVIL TRAFFIC INFRACTION PROCEDURE
Sec. 16-61. - Notice of infraction; issuance by law enforcement officer.
Sec. 16-62. - Citation; form and notice.
Sec. 16-63. - Citation; options for response.
Sec. 16-64. - Citation; failure to respond; hearing.
Sec. 16-65. - Unauthorized destruction of citation.
Sec. 16-66. - Hearing to contest the citation.
Sec. 16-67. - Disposition of civil traffic citation involving juvenile.
Sec. 16-68. - Order of Court.
Sec. 16-69. - Parties to a crime.
Secs. 16-70—16-75. - Reserved.
DIVISION 3. - EQUIPMENT INFRACTIONS
Subdivision A. - Generally
Sec. 16-76. - Vehicle to be in good working order.
Sec. 16-77. - Special requirements for motorcycles and motor-driven cycles.
Sec. 16-78. - Brakes.
Sec. 16-79. - Horns and audible warning devices.
Sec. 16-80. - Mufflers and air pollution control devices.
Sec. 16-81. - Mirrors.
Sec. 16-82. - Windshields.
Sec. 16-83. - Tires.
Sec. 16-84. - Rear fender splash guards.
Sec. 16-85. - Vehicle restraints.
Sec. 16-86. - Child passenger restraints.
Sec. 16-87. - Certain vehicles to carry flares or other warning devices.
Sec. 16-88. - Display of warning devices when vehicle disabled.
Sec. 16-89. - Vehicles transporting explosives.
Sec. 16-90. - Television installations.
Sec. 16-91. - Projecting loads.
Subdivision B. - Lights, Lamps, Reflectors and Illuminating Devices
Sec. 16-92. - When lamps required to be lighted.
Sec. 16-93. - Head lamps.
Sec. 16-94. - Tail lamps.
Sec. 16-95. - Reflectors on new motor vehicles.
Sec. 16-96. - Stop lamps required.
Sec. 16-97. - Additional equipment required on certain vehicles.
Sec. 16-98. - Mounting of reflectors and clearance and marker lamps.
Sec. 16-99. - Color of clearance lamps and reflectors.
Sec. 16-100. - Visibility of reflectors and clearance and marker lamps.
Sec. 16-101. - Lights on vehicle combinations.
Sec. 16-102. - Parked vehicles.
Sec. 16-103. - Lamps on animal-drawn and other equipment or vehicles.
Sec. 16-104. - Spot and auxiliary lamps.
Sec. 16-105. - Signal lamps and devices.
Sec. 16-106. - Fender, running board and backup lamps.
Sec. 16-107. - High beam light usage.
Sec. 16-108. - Special restriction on lamps.
Sec. 16-109. - Head lamps on motor-driven cycles.
Sec. 16-110—16-113. - Reserved.
DIVISION 4. - SIZE, WEIGHT AND LOAD
Sec. 16-114. - Effect and scope.
Sec. 16-115. - Liability for damage resulting from overweight load.
Sec. 16-116. - Width of vehicle and load.
Sec. 16-117. - Projecting loads on passenger vehicles.
Sec. 16-118. - Height and length of vehicles and loads.
Sec. 16-119. - Length of load projection.
Sec. 16-120. - Loads and covers to be secured.
Sec. 16-121. - Towed vehicle.
Sec. 16-122. - Single-axle load limit.
Sec. 16-123. - Gross weight restrictions of vehicles and loads.
Sec. 16-124. - Officers authorized to stop vehicles; weight and removal of excess weight requirements.
Sec. 16-125. - Permit for excess size and weight.
Secs. 16-126—16-130. - Reserved.
DIVISION 5. - TRAFFIC CONTROL DEVICES
Sec. 16-131. - Commission to maintain signs on all public roadways and highways.
Sec. 16-132. - Obedience to devices required; exception.
Sec. 16-133. - Signal legend.
Sec. 16-134. - Flashing signals.
Sec. 16-135. - Stop signs and yield signs.
Sec. 16-136. - Pedestrian control signals.
Sec. 16-137. - Construction or road work site warning devices.
Secs. 16-138—16-140. - Reserved.
DIVISION 6. - OPERATION OF VEHICLES
Subdivision A. - Generally
Sec. 16-141. - Operation of vehicles by nonmembers on land other than public roadways.
Sec. 16-142. - Driving on the right side of roadway; exceptions.
Sec. 16-143. - Driving on roadways laned for traffic.
Sec. 16-144. - Driving on divided public roadways.
Sec. 16-145. - Drivers on controlled access roadway to use only authorized entrances and exits.
Sec. 16-146. - Starting parked vehicle.
Sec. 16-147. - ATV and motorcycle riders and passengers to ride only on designated seats.
Sec. 16-148. - Operation of vehicles on approach of authorized emergency vehicle.
Sec. 16-149. - Operation of vehicle upon approach of school bus.
Sec. 16-150. - Following too closely.
Sec. 16-151. - Coasting prohibited.
Sec. 16-152. - Turning movements; signals required.
Sec. 16-153. - Signals by hand and arm or device.
Sec. 16-154. - Method of giving hand and arm signals.
Sec. 16-155. - Required position and method of turning at intersections.
Sec. 16-156. - Turning on curve or crest of grade prohibited.
Sec. 16-157. - Backing.
Sec. 16-158. - Obstruction of driver's view or interference with driver's control of vehicle prohibited.
Sec. 16-159. - Use of all terrain or off road vehicles.
Secs. 16-160—16-170. - Reserved.
Subdivision B. - Right-Of-Way and Passing
Sec. 16-171. - Right-of-way of vehicles entering intersections or public roadways.
Sec. 16-172. - Right-of-way of vehicle turning left at intersection.
Sec. 16-173. - Right-of-way of vehicle entering through public roadways or stop intersection.
Sec. 16-174. - Vehicle entering public roadway from private road or driveway.
Sec. 16-175. - Passing vehicles proceeding in opposite directions.
Sec. 16-176. - Overtaking vehicles on the left, generally.
Sec. 16-177. - When driving on the left prohibited.
Sec. 16-178. - Overtaking on the right.
Sec. 16-179. - No-passing zones.
Secs. 16-180—16-190. - Reserved.
Subdivision C. - Stopping, Standing and Parking
Sec. 16-191. - Vehicles to be parked or stopped off pavement if possible.
Sec. 16-192. - Parking, stopping, standing prohibited in specified places.
Sec. 16-193. - Curb parking.
Sec. 16-194. - Commission authorized to place signs prohibiting or restricting parking, stopping and standing.
Sec. 16-195. - Parking privilege for physically disabled; insignia required.
Sec. 16-196. - Violation of handicapped parking zone.
Sec. 16-197. - Removal of illegally stopped vehicles.
Sec. 16-198. - Stop required before emerging from alley or driveway.
Secs. 16-199—16-210. - Reserved.
Subdivision D. - Speed Restrictions
Sec. 16-211. - Maximum speed limit.
Sec. 16-212. - Minimum speed limit.
Sec. 16-213. - Speeds to be reasonable and/or necessary to avoid collision.
Sec. 16-214. - Establishment and amendment of speed limits.
Sec. 16-215. - Driving at speed that causes trailer to sway.
Secs. 16-216—16-230. - Reserved.
DIVISION 7. - ACCIDENTS
Sec. 16-231. - Duty upon striking fixtures, livestock or other property upon a public roadway.
Sec. 16-232. - Immediate reports of certain accidents.
Sec. 16-233. - Duty to give information and render aid.
Sec. 16-234. - Written reports of accidents.
Secs. 16-235—16-250. - Reserved.
DIVISION 8. - PEDESTRIAN'S RIGHTS AND DUTIES
Sec. 16-251. - Right-of-way in crosswalks.
Sec. 16-252. - Crossing other than at crosswalks.
Sec. 16-253. - Pedestrians on roadways.
Secs. 16-254—16-270. - Reserved.
DIVISION 9. - ABANDONED AND SEIZED VEHICLES
Sec. 16-271. - Definitions.
Sec. 16-272. - Abandonment prohibited; presumption; removal.
Sec. 16-273. - Towed vehicles; required report.
Secs. 16-274—16-280. - Reserved.
DIVISION 10. - BICYCLES AND PLAY VEHICLES
Sec. 16-281. - Application of provisions.
Sec. 16-282. - Traffic laws apply to persons riding bicycles.
Sec. 16-283. - Riding on roadways and bicycle paths.
Sec. 16-284. - Manner of riding.
Sec. 16-285. - Carrying articles.
Sec. 16-286. - Lamps and other equipment on bicycles.
Sec. 16-287. - Clinging to vehicles.
Secs. 16-288—16-300. - Reserved.
Appendix I - Fine Schedule for Civil Infractions
Chapter 17 - FORT MCDOWELL YAVAPAI NATION ENROLLMENT ORDINANCE
ARTICLE I. - TITLE, PURPOSE, DEFINITIONS, AND NOTICE
Sec. 17-1. - Short title.
Sec. 17-2. - Purpose.
Sec. 17-3. - Definition of terms.
Sec. 17-4. - Enrollment committee.
Sec. 17-5. - Notice.
ARTICLE II. - MEMBERSHIP CRITERIA
Sec. 17-6. - Membership criteria.
ARTICLE III. - APPLICATION FOR ENROLLMENT
Sec. 17-7. - Written application to be filed with the Enrollment Committee; Enrollment Committee review.
Sec. 17-8. - Applicants to be numbered and dated.
ARTICLE IV. - PROCESSING ENROLLMENT APPLICATIONS
Sec. 17-9. - Enrollment Committee shall review applications and make recommendations to the Fort McDowell Tribal Council.
Sec. 17-10. - Notice of hearing to be given when application is being recommended or considered for rejection.
Sec. 17-11. - The Tribal Council shall hear and determine applicant's eligibility for enrollment.
ARTICLE V. - TRIBAL COURT JURISDICTION OF MATERNITY AND PATERNITY QUESTIONS
Sec. 17-12. - Maternity and paternity questions.
Sec. 17-13. - When questions of paternity or maternity exist.
ARTICLE VI. - MISCELLANEOUS
Sec. 17-14. - Tribal membership roll.
Sec. 17-15. - Tribal membership roll to be kept current.
Sec. 17-16. - Confidentiality.
Sec. 17-17. - Sovereign immunity.
Sec. 17-18. - Repeal of prior conflicting ordinances and resolutions.
Sec. 17-19. - Effective date of ordinance.
Sec. 17-20. - Exclusive jurisdiction of the Tribal Council.
Sec. 17-21. - Severability clause.
Chapter 18 - PLANNING ORDINANCE
Sec. 100. - General.
Sec. 200. - Definitions.
Sec. 300. - Agriculture district, "AG".
Sec. 400. - Neighborhood convenience district, "COM-1".
Sec. 420. - Neighborhood center district, "COM-2".
Sec. 430. - Regional commercial district, "COM-3".
Sec. 500. - Industrial, heavy district, "I-H".
Sec. 510. - Industrial, light district, "I-L".
Sec. 600. - Open space district, "O-S".
Sec. 610. - Open space, wilderness, "OSW".
Sec. 700. - Recreational district, "REC".
Sec. 800. - Residential district, "RES".
Sec. 900. - Resort district, "RST".
Sec. 1000. - Special use district, "SU".
Sec. 1100. - Parking.
Sec. 1200. - Landscaping.
Sec. 1300. - Sign Code.
Sec. 1400. - Certificates of occupancy.
Sec. 1500. - Architectural and engineering reviews.
Sec. 1600. - Preliminary site plan review.
Sec. 1610. - Codes, registrations, and design.
Sec. 1620. - Site plan review.
Sec. 1630. - Use permits.
Sec. 1640. - Planning board.
Sec. 1650. - Planned area developments.
Sec. 1660. - Surveys.
Sec. 1670. - Ground leases.
Chapter 19 - ANTIQUITIES AND ARCHAEOLOGICAL SITES
Sec. 19-1. - Title.
Sec. 19-2. - Violations; penalties.
Sec. 19-3. - Policy.
Sec. 19-4. - Excavating or exploring archeological site; taking objects.
Sec. 19-5. - Permit; conditions.
Sec. 19-6. - Archaeological officer.
Sec. 19-7. - Administrative regulations.
Sec. 19-8. - Fees; bonds.
Sec. 19-9. - Duty to report discoveries.
Sec. 19-10. - Defacing site or object.
Chapter 20 - PROPERTY
ARTICLE I. - IN GENERAL
Sec. 20-1. - Purpose and intent.
Sec. 20-2. - Applicability of chapter.
Sec. 20-3. - Jurisdiction.
Sec. 20-4. - Supplementary principles of law applicable.
Sec. 20-5. - Severability.
Sec. 20-6. - Definitions.
Secs. 20-7—20-10. - Reserved.
ARTICLE II. - RECORDING
Sec. 20-11. - Applicability.
Sec. 20-12. - Definitions.
Sec. 20-13. - Priority.
Sec. 20-14. - Recording.
Secs. 20-15—20-20. - Reserved.
ARTICLE III. - LAND ASSIGNMENTS
Sec. 20-21. - Generally.
Sec. 20-22. - Assignment of land.
Sec. 20-23. - Changes in land assignments.
Sec. 20-24. - Cancellation of land assignments.
Sec. 20-25. - Use of land assignment.
Secs. 20-26—20-30. - Reserved.
ARTICLE IV. - LEASING
Sec. 20-31. - Definitions.
Sec. 20-32. - Termination of leases.
Sec. 20-33. - Effect of lessee holding over.
Sec. 20-34. - Rules, regulations, and policies.
Sec. 20-35. - Sublease and assignment.
Sec. 20-36. - Maintenance of premises.
Sec. 20-37. - Damages to premises.
Sec. 20-38. - Federal law.
Secs. 20-39, 20-40. - Reserved.
ARTICLE V. - RESIDENTIAL LANDLORD AND TENANT
DIVISION 1. - GENERALLY
Sec. 20-41. - Applicability.
Sec. 20-42. - Definitions.
Sec. 20-43. - Prohibited rental agreements and provisions.
Secs. 20-44—20-50. - Reserved.
DIVISION 2. - LANDLORD OBLIGATIONS
Sec. 20-51. - Security deposits.
Sec. 20-52. - Disclosure and tender of written rental agreement.
Sec. 20-53. - Landlord to supply possession of premises.
Sec. 20-54. - Landlord to maintain fit premises.
Sec. 20-55. - Exclusions and exceptions.
Secs. 20-56—20-60. - Reserved.
DIVISION 3. - TENANT OBLIGATIONS
Sec. 20-61. - Tenant to maintain premises.
Sec. 20-62. - Access.
Secs. 20-63—20-70. - Reserved.
DIVISION 4. - REMEDIES
Sec. 20-71. - Noncompliance by landlord.
Sec. 20-72. - Noncompliance by tenant.
Sec. 20-73. - Landlord's lien for rent.
Secs. 20-74—20-80. - Reserved.
ARTICLE VI. - EVICTION
Sec. 20-81. - Definitions.
Sec. 20-82. - Grounds for eviction.
Sec. 20-83. - Procedures for service of notice.
Sec. 20-84. - Defenses.
Sec. 20-85. - Settlement.
Sec. 20-86. - Actual eviction.
Sec. 20-87. - Action for unlawful detainer.
Sec. 20-88. - Service of process and procedure.
Sec. 20-89. - Commencement of proceedings.
Sec. 20-90. - Evidence.
Sec. 20-91. - Power of the tribal court.
Sec. 20-92. - Stay of execution.
Sec. 20-93. - Enforcement.
Sec. 20-94. - Appeals.
Sec. 20-95. - Exclusions and exceptions.
Secs. 20-96—20-100. - Reserved.
ARTICLE VII. - MORTGAGES/INSTALLMENT CONTRACTS AND FORECLOSURE
Sec. 20-101. - Applicability of article.
Sec. 20-102. - Definitions.
Sec. 20-103. - Effect of mortgage or installment contract.
Sec. 20-104. - Priority.
Sec. 20-105. - Action on debt and foreclosure.
Sec. 20-106. - Foreclosure proceedings.
Sec. 20-107. - Service of process and procedure.
Sec. 20-108. - Certified mailing to Nation and lessor.
Sec. 20-109. - Intervention.
Sec. 20-110. - Cure of default by Nation or subordinate lienholder.
Sec. 20-111. - Power of the tribal court.
Sec. 20-112. - Reassignment.
Sec. 20-113. - No redemption.
Sec. 20-114. - No deficiency judgment.
Sec. 20-115. - Remedies exclusive.
Sec. 20-116. - No merger.
Sec. 20-117. - Appeals.
Secs. 20-118—20-130. - Reserved.
ARTICLE VIII. - EMINENT DOMAIN
Sec. 20-131. - Definitions.
Sec. 20-132. - Purposes for which eminent domain may be exercised.
Sec. 20-133. - Prerequisites to taking property by condemnation.
Sec. 20-134. - Property subject to condemnation.
Sec. 20-135. - Right of Nation to enter and survey property.
Sec. 20-136. - Procedures for condemnation.
Sec. 20-137. - Enforcement.
Secs. 20-138—20-140. - Reserved.
ARTICLE IX. - REPOSSESSION OF PERSONAL PROPERTY
Sec. 20-141. - Applicability.
Sec. 20-142. - Definitions.
Sec. 20-143. - Action on debt or repossession of personal property.
Sec. 20-144. - Repossession of personal property.
Sec. 20-145. - Repossession proceedings.
Sec. 20-146. - Service of process and procedure.
Sec. 20-147. - Cure of default.
Sec. 20-148. - Power of the tribal court.
Sec. 20-149. - No deficiency judgment.
Sec. 20-150. - Remedies exclusive.
Sec. 20-151. - Penalty for violation.
Sec. 20-152. - Civil liability.
ARTICLE X - DISPOSITION OF PROPERTY HELD IN THE PUBLIC TRUST
Sec. 20-153. - Purpose.
Sec. 20-154. - Definitions.
Sec. 20-155. - Disposal of lost, confiscated, abandoned or found property in custody of the Fort McDowell Yavapai Nation, the police and/or fire department of the Fort McDowell Yavapai Nation; sale or disposal of abandoned property.
Sec. 20-156. - Rights of the finder.
Sec. 20-157. - Disposition of evidence in the custody of the prosecutor or the police department.
Sec. 20-158. - Property entrusted to police department for safekeeping.
Chapter 21 - TRIBAL GAMING ORDINANCE
CHAPTER 1. FINDINGS AND PURPOSES
Sec. 101. - Legislative findings.
Sec. 102. - Purposes.
CHAPTER 2. DEFINITIONS
CHAPTER 3. TRIBAL OWNERSHIP, AUTHORIZATION FOR GAMING ACTIVITIES, AND USE OF NET REVENUES.
Sec. 301. - Tribal ownership of gaming activities.
Sec. 302. - Authorization for gaming activities.
Sec. 303. - Use of net revenues.
CHAPTER 4. FORT MCDOWELL YAVAPAI NATION TRIBAL GAMING COMMISSION
CHAPTER 5. FORT MCDOWELL YAVAPAI NATION TRIBAL GAMING OFFICE
Sec. 501. - Establishment of the tribal gaming office.
Sec. 502. - Appointment and authority of Executive Director.
Sec. 503. - Powers and duties of the Tribal Gaming Office.
Sec. 504. - Investigations.
Sec. 505. - Issuance of regulations.
Sec. 506. - Records confidentiality.
Sec. 507. - Ineligible persons.
CHAPTER 6. ANNUAL INDEPENDENT AUDIT
CHAPTER 7. ENVIRONMENT AND PUBLIC HEALTH AND SAFETY
CHAPTER 8. PATRON DISPUTE RESOLUTION
CHAPTER 9. TRIBAL INTERNAL CONTROL STANDARDS
Sec. 901. - Adoption and implementation.
Sec. 902. - Notification.
CHAPTER 10. LICENSING
Sec. 1001. - Facility licenses.
Sec. 1002. - Standards for issuance of license.
Sec. 1003. - Licenses for key employees and primary management officials.
Sec. 1004. - License application forms.
Sec. 1005. - License fees.
Sec. 1006. - Fees.
Sec. 1007. - License terms; renewal.
Sec. 1008. - State certification.
Sec. 1009. - Fingerprints.
Sec. 1010. - Background investigations.
Sec. 1011. - Procedures for conducting a background check on applicants.
Sec. 1012. - Eligibility determination.
Sec. 1013. - Procedures for forwarding applications and reports for key employees and primary management officials to the National Indian Gaming Commission.
Sec. 1014. - Report to the National Indian Gaming Commission.
Sec. 1015. - Granting a gaming license.
Sec. 1016. - Gaming employee's license.
Sec. 1017. - License suspension.
Sec. 1018. - Licenses for vendors licenses for gaming device manufacturers, distributors, suppliers of gaming services, and financers.
Sec. 1019. - Submission of a vendor license application.
Sec. 1020. - Contents of the vendor license application.
Sec. 1021. - Vendor background investigation.
Sec. 1022. - Vendor license fee.
Sec. 1023. - Vendor background investigation report.
Sec. 1024. - Exemption for vendors licensed by recognized regulatory authorities.
Sec. 1025. - Licenses for non-gaming vendors.
CHAPTER 11. GAMING OPERATION
Sec. 1101. - Scope of permissible gaming.
Sec. 1102. - Employee and player age limit.
Sec. 1103. - Management; security.
Sec. 1104. - Play by employees.
Sec. 1105. - Financial services at gaming facilities.
Sec. 1106. - Advertising guidelines.
CHAPTER 12. PROHIBITED ACTS; VIOLATIONS AND REMEDIES
Sec. 1201. - Violations.
Sec. 1202. - Notice of violation.
Sec. 1203. - Tribal Gaming Commission review.
Sec. 1204. - Civil penalties.
Sec. 1205. - Civil remedies.
CHAPTER 13. TRANSITION PROVISIONS
Sec. 1301. - Existing games lawful.
Sec. 1302. - Adoption of Compact.
CHAPTER 14. AGENT FOR SERVICE OF PROCESS
CHAPTER 15. COMPLIANCE WITH FEDERAL LAW
CHAPTER 16. REPEAL OF PRIOR ORDINANCES AND RESOLUTIONS
CHAPTER 17. SOVEREIGN IMMUNITY
CHAPTER 18. AMENDMENTS
Chapter 22 - GENERAL LAW OF TORTS AND TRIBAL TORTS CLAIMS ACT
ARTICLE I. - IN GENERAL
Sec. 22-1. - Title.
Sec. 22-2. - Effective date.
Sec. 22-3. - Purpose of chapter.
Sec. 22-4. - Definitions.
Sec. 22-5. - Limitation of actions.
Sec. 22-6. - Service of summons.
Sec. 22-7. - Costs.
Sec. 22-8. - Severability.
Secs. 22-9—22-99. - Reserved.
ARTICLE II. - GENERAL LAW OF TORTS
MISCELLANEOUS PROVISIONS
Sec. 22-100. - Negligence per se; violation of ordinance.
Sec. 22-101. - Negligent entrustment of a motor vehicle or other property.
COMPARATIVE NEGLIGENCE
Sec. 22-102. - Comparative negligence.
Sec. 22-103. - Pro rata shares.
Sec. 22-104. - Joint and several liability abolished; exceptions; apportionment of degrees of fault; definitions.
Sec. 22-105. - Right of contribution.
Sec. 22-106. - Contribution; enforcement.
Sec. 22-107. - Settlement, release or covenant not to sue.
Sec. 22-108. - Scope of contribution and comparative negligence.
Secs. 22-109—22-200. - Reserved.
PREMISES LIABILITY
Sec. 22-201. - Liability for condition and use of land.
Sec. 22-202. - Duty to trespassers.
Sec. 22-203. - Duty to licensee.
Sec. 22-204. - Duty to invitees.
Sec. 22-205. - Duty of owner, lessee or occupant of premises to recreational users; liability; definitions.
Secs. 22-206—22-300. - Reserved.
WRONGFUL DEATH
Sec. 22-301. - Wrongful death; liability.
Sec. 22-302. - Parties plaintiff; recovery; distribution.
Sec. 22-303. - Measure of damages; nonliability for debts of decedent.
Secs. 22-304—22-400. - Reserved.
ARTICLE III. - TRIBAL TORTS CLAIM ACT
Sec. 22-401. - Authorization for suit.
Sec. 22-402. - Limitation on the Nation and its insurance carriers raising the defense of sovereign immunity in Tribal Court.
Sec. 22-403. - Limitations on forum, damages and claims for relief.
Sec. 22-404. - Tort claims procedures; 180-day notice requirement.
Sec. 22-405. - Tribal government liability in Tribal Court.
Sec. 22-406. - Punitive and exemplary damages; bad faith damages.
Secs. 22-407—22-499. - Reserved.
Chapter 23 - ENVIRONMENTAL CODE
ARTICLE I. - WASTE ORDINANCE
Sec. 23-1. - Purpose and policy.
Sec. 23-2. - Jurisdiction under the waste ordinance.
Sec. 23-3. - Consensual relations among non-Indians, the Nation, and Tribal members.
Sec. 23-4. - Applicability.
Sec. 23-5. - Definitions.
Sec. 23-6. - Responsibility for storage and disposal of solid waste.
Sec. 23-7. - Collection agency.
Sec. 23-8. - Preparation of solid waste.
Sec. 23-9. - Unlawful storage, disposal or burning of solid or hazardous waste on the Nation.
Sec. 23-10. - Scavenging.
Sec. 23-11. - Recovery of disposal costs.
Sec. 23-12. - Civil penalties and criminal penalties.
Sec. 23-13. - Reserved.
Sec. 23-14. - Forfeiture.
Sec. 23-15. - Enforcement process.
Sec. 23-16. - Repeal of previous laws, ordinance and policies and effective date.
Sec. 23-17. - Severability.
Sec. 23-18. - Changes to federal law.
Secs. 23-19—23-50. - Reserved.
ARTICLE II. - OPEN BURNING ORDINANCE
Sec. 23-51. - Definitions.
Sec. 23-52. - Relations to other prohibitions.
Sec. 23-53. - Open burning.
Sec. 23-54. - Permits and notification to the environmental department.
Sec. 23-55. - Civil penalties and criminal penalties.
Sec. 23-56. - Forfeiture.
Sec. 23-57. - Enforcement process.
Sec. 23-58. - Repeal of previous laws, ordinance and policies and effective date.
Sec. 23-59. - Severability.
Secs. 23-60—23-100. - Reserved.
ARTICLE III. - NATIVE PLANTS ORDINANCE
Sec. 23-101. - Legislative findings.
Sec. 23-102. - Purpose and policy.
Sec. 23-103. - Jurisdiction under the native plants ordinance.
Sec. 23-104. - Applicability.
Sec. 23-105. - Definitions.
Sec. 23-106. - Protected native plants.
Sec. 23-107. - Modification of protected species' list.
Sec. 23-108. - Permits.
Sec. 23-109. - Expiration of permit.
Sec. 23-110. - Waiver of permit fees.
Sec. 23-111. - Construction projects; procedures for salvage, relocation and disposal of native plants.
Sec. 23-112. - Critical and sensitive habitats.
Sec. 23-113. - Mesquite harvesting.
Sec. 23-114. - Miscellaneous.
Sec. 23-115. - Civil penalties and criminal penalties.
Sec. 23-116. - Forfeiture.
Sec. 23-117. - Enforcement process.
Sec. 23-118. - Disposition of funds.
Sec. 23-119. - Repeal of previous laws, ordinance and policies and effective date.
Sec. 23-120. - Changes to federal law.
Sec. 23-121. - Severability.
Chapter 24 - SALES TAX
ARTICLE I. - SALES TAXES FOR TRIBAL AND PRIVATE BUSINESS
Sec. 24-1. - Purpose.
Sec. 24-2. - Definitions.
Sec. 24-3. - Administration.
Sec. 24-4. - Reporting and payment of taxes to the Nation.
Sec. 24-5. - Tax levy.
Sec. 24-6.
Sec. 24-7.
Sec. 24-8.
Sec. 24-9. - Tax rate.
Sec. 24-10. - Administration.
Sec. 24-11. - Exemptions.
Secs. 24-12—24-20. - Reserved.
ARTICLE III. - TOBACCO TAX
Sec. 24-21. - Tobacco tax levied.
Sec. 24-22. - Tribal members exempt.
Sec. 24-23. - Effective date.
Sec. 24-24. - Regulations.
Sec. 24-25. - Repeal of previous tobacco products tax ordinance.
Chapter 25 - SEX OFFENDER REGISTRATION CODE
ARTICLE 1. - GENERAL MATTERS
Sec. 1.01. - Title.
Sec. 1.02. - Purpose.
Sec. 1.03. - Creation of registries.
ARTICLE 2. - TERMINOLOGY AND COVERED OFFENSES
Sec. 2.01. - Definitions.
Sec. 2.02. - Covered offenses.
ARTICLE 3. - TIERED OFFENSES
Sec. 3.01. - Tier 1. Offenses.
Sec. 3.02. - Tier 2. Offenses.
Sec. 3.03. - Tier 3. Offenses.
ARTICLE 4. - REQUIRED INFORMATION
Sec. 4.01. - General requirements.
Sec. 4.02. - Criminal history.
Sec. 4.03. - Date of birth.
Sec. 4.04. - DNA sample.
Sec. 4.05. - Driver's licenses, identification cards, passports, and immigration documents.
Sec. 4.06. - Employment information.
Sec. 4.07. - Finger and palm prints.
Sec. 4.08. - Internet identifiers.
Sec. 4.09. - Name.
Sec. 4.10. - Phone numbers.
Sec. 4.11. - Picture.
Sec. 4.12. - Physical description.
Sec. 4.13. - Professional licensing information.
Sec. 4.14. - Residence.
Sec. 4.15. - School.
Sec. 4.16. - Social Security number.
Sec. 4.17. - Temporary lodging.
Sec. 4.18. - Offense information.
Sec. 4.19. - Vehicle information.
Sec. 4.20. - Frequency, duration and reduction.
ARTICLE 5. - REGISTRATION
Sec. 5.01. - Where registration is required.
Sec. 5.02. - Initial registration.
Sec. 5.03. - Retroactive registration.
Sec. 5.04. - Registration currency.
Sec. 5.05. - Failure to appear for registration and absconding.
ARTICLE 6. - VERIFICATION AND APPEARANCE REQUIREMENTS
Sec. 6.01. - Frequency.
Sec. 6.02. - Requirements for in person appearances.
Sec. 6.03. - Sex offender acknowledgement form.
ARTICLE 7. - PUBLIC SEX OFFENDER REGISTRY WEBSITE
Sec. 7.01. - Website.
Sec. 7.02. - Required and prohibited information.
Sec. 7.03. - Community notification.
ARTICLE 8. - CRIMES AND CIVIL SANCTIONS
Sec. 8.01. - Indians.
Sec. 8.02. - Non-Indians.
Sec. 8.03. - Hindrance of sex offender registration.
[Table of Contents created by NILL in December 2018, based on materials available on municode website, codified through Resolution No. 2017-10, enacted January 31, 2017
(Supp. No. 3).]