Nez Perce Tribal Code
Table of Contents Updated: Feburary 2019
The tribe makes their code available online. The link below will take you to the version of the code available on the tribe's website.
Tribal Code and Proposed, Emergency and Recent Code Amendments
Table of Contents
TITLE 1: GENERAL PROVISIONS
CHAPTER 1-1: ADMINISTRATION OF TRIBAL COURT PRELIMINARY PROVISIONS
'1-1-1 Definitions
'1-1-2 Citation
'1-1-3 Constitutional Authority and Name
'1-1-4 Prior Inconsistent Ordinances and Code Provisions Repealed
'1-1-5 Principles of Construction
'1-1-6 Records of Court Open to Public Inspection; Exceptions
'1-1-7 Specification of Time for Action
'1-1-8 Court and Clerk
JURISDICTION
'1-1-9 Scope and Extent
'1-1-10 Territorial Jurisdiction
'1-1-11 Original Jurisdiction
'1-1-12 Personal Jurisdiction
ESTABLISHMENT OF COURTS; JUDGES AND OTHER COURT PERSONNEL
'1-1-13 Establishment of Court
'1-1-14 Appointment and Number of Judges of the Nez Perce Tribal Judiciary
'1-1-15 Judges - Probationary Period; Selection and Training
'1-1-16 Eligibility of Persons to Serve as Judges
'1-1-17 Judges' Duties and Powers
'1-1-18 Removal of Judges or Justices for Cause
'1-1-19 Disqualification or Incapacity
'1-1-20 Nez Perce Court of Appeals
'1-1-21 Court Clerks
'1-1-22 Duties of the Court Clerk
'1-1-23 Indian Child Welfare Worker
'1-1-24 Case Worker
'1-1-25 Court Rules
JURORS
'1-1-26 Selection of Jury Panel
'1-1-27 Time and Manner of Notification
'1-1-28 Exemption from Jury Service
'1-1-29 List of Eligible Jurors
'1-1-30 Compensation of Jurors
'1-1-31 Number of Jurors
'1-1-32 Verdict of Jury
'1-1-33 Jurors' Responsibilities
'1-1-34 Examination of Jurors
'1-1-35 Oath to Trial Jury
ATTORNEYS; LEGAL INTERNS; PROSECUTOR
'1-1-36 Attorneys - Admission
'1-1-37 Attorneys - Suspension
'1-1-38 Attorneys - Annual Fees
'1-1-39 Attorneys - Pro Hac Vice
'1-1-40 Court Bar Roster
'1-1-41 Legal Interns
'1-1-42 Nez Perce Tribal Prosecutor, Deputy Prosecutor, and Public Defender-Appointment and Duties
CONTEMPT
'1-1-43 Acts or Failures to Act Which Constitute Contempt of Court
'1-1-44 Civil Contempt
'1-1-45 Criminal Contempt
'1-1-46 Contempt Procedure
SOVEREIGN IMMUNITY
'1-1-47 Sovereign Immunity
CHOICE OF LAW
'1-1-48 Choice of Law
CHAPTER 1-2: SMALL CLAIMS
'1-2-1 Scope and Purpose
'1-2-2 Procedure
'1-2-3 Mediation and Hearings
CHAPTER 1-3: ALTERNATIVE DISPUTE RESOLUTION
'1-3-1 Scope and Purpose
'1-3-2 Matters Subject to Mediation
'1-3-3 Application
'1-3-4 Certification and Compensation of Mediators
'1-3-5 Selection of Mediator for Individual Cases
'1-3-6 Disqualification
'1-3-7 Hearings
'1-3-8 Petition to Terminate Mediation
'1-3-9 Judgments
CHAPTER 1-4: AMENDMENT OF CODE
'1-4-1 Definitions
'1-4-2 Amendment Process
'1-4-3 Emergencies
'1-4-4 Time Line/Coordination
'1-4-5 Elimination of BIA Review
'1-4-6 Hearings
CHAPTER 1-5: LIMITATIONS ON ACTIONS
'1-5-1 Limitations in General
'1-5-2 Criminal Offenses
'1-5-3 Contracts
'1-5-4 Statutory Liabilities, Trespass, Trover, Replevin, and Fraud
'1-5-5 Actions Against Officers, for Penalties, on Bonds, and for Professional Malpractice or for Personal Injuries
'1-5-6 Limitations Apply to Tribe
'1-5-7 Actions for Other Relief
'1-5-8 Action, when Commenced
'1-5-9 Persons under Disabilities
'1-5-10 Aliens in Time of War
'1-5-11 Reversal Judgment - New Action
'1-5-12 Action Stay by Injunction or Code
'1-5-13 Actions against directors and stockholders
CHAPTER 1-6: NEZ PERCE TRIBAL CIVIL RIGHTS ACT
'1-6-1 Title
'1-6-2 Civil Rights of Persons Within Tribal Jurisdiction
CHAPTER 1-7: TRIBAL NOTICE
'1-7-1 Findings
'1-7-2 Purpose
'1-7-3 Notice Required
'1-7-4 Manner and Timing of Notice
'1-7-5 Tribal Participation Following Notice
'1-7-6 Information Sharing and Consultation
'1-7-7 Timeliness of Participation Determinations
'1-7-8 Failure to Give Notice Not Jurisdictional or Waiver of Rights
'1-7-9 Late Notice
§1-7-10 Civil Sanctions
'1-7-11 Jurisdiction
'1-7-12 Sovereign Immunity
TITLE 2: RULES OF PROCEDURE
CHAPTER 2-1: RULES OF CRIMINAL PROCEDURE
GENERAL PROVISIONS
Rule 1 Definitions
Rule 2 Legal Conviction Necessary for Punishment
Rule 3 Rights of Defendant
Rule 3a Right to a Speedy Trial
PRELIMINARY PROCEEDINGS
Rule 4 Complaint
Rule 5 Arrest Warrant
Rule 6 Summons
Rule 7 Arrest without a Warrant
Rule 8 Arrest Procedure
Rule 9 Fresh Pursuit
Rule 10 Arraignment
Rule 10a Pre-Trial Release
Rule 11 Pleadings and Motions Before Trial; Defenses and Objections
Rule 12 Discovery
Rule 13 Subpoena
TRIAL
Rule 14 Trial Procedures
Rule 15 Verdict Post Trial
Rule 16 Judgment and Sentencing
Rule 17 Post Trial Motions Habeas Corpus
Rule 18 Right to Apply for Writ
GENERAL PROVISIONS
Rule 19 Search and Seizure
Rule 20 Extradition
Rule 21 Bail; Release without Bail; Confinement
Rule 22 Motions
Rule 23 Signing of Pleadings, Motions, and Other Papers
Rule 24 Service and Filing of Papers
CHAPTER 2-2: RULES OF CIVIL PROCEDURE
SCOPE AND PURPOSE OF RULES--ONE FORM OF ACTION
Rule 1. Scope of Rules
Rule 2. One Form of Action
COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS
Rule 3. Commencement of Action
Rule 3.1 Inability to pay fees - Affidavit
Rule 4. Summons
Rule 4.1 Service of Other Process
Rule 5 Service and Filing of Pleadings and Other Papers
Rule 6 Time
Rule 7 Pleadings Allowed; Form of Motions
Rule 8 General Rules of Pleadings
Rule 9 Pleading Special Matters
Rule 10 Form of Pleadings
Rule 11 Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions
Rule 12 Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on the Pleadings
Rule 13 Counterclaim and Cross-Claim
Rule 14 Third Party Practice
Rule 15 Amended and Supplemental Pleadings
Rule 16 Pretrial Conferences; Scheduling; Management
PARTIES
Rule 17 Parties Plaintiff and Defendant; Capacity
Rule 18 Joinder of Claims and Remedies
Rule 19 Joinder of Persons Needed for Just Adjudication
Rule 20 Permissive Joinder of Parties
Rule 21 Misjoinder and Non-Joinder of Parties
Rule 22 Interpleader
Rule 23 Class Actions
Rule 23.1 Derivative Actions by Shareholders
Rule 23.2 Actions Relating to Unincorporated Associations
Rule 24 Intervention
Rule 25 Substitution of Parties
DEPOSITIONS AND DISCOVERY
Rule 26 General Provisions Governing Discovery; Duty of Disclosure
Rule 27 Depositions Before Action or Pending Appeal
Rule 28 Persons Before Whom Depositions May Be Taken
Rule 29 Stipulations Regarding Discovery Procedure
Rule 30 Depositions Upon Oral Examination
Rule 31 Depositions Upon Written Questions
Rule 32 Use of Depositions in Court Proceedings
Rule 33 Interrogatories to Parties
Rule 34 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 35 Physical and Mental Examinations of Persons
Rule 36 Requests for Admission
Rule 37 Failure to Make or Cooperate in Discovery; Sanctions
TRIALS
Rule 38 Jury Trial of Right
Rule 39 Trial by Jury or by the Court
Rule 40 Assignment of Cases for Trial
Rule 41 Dismissal of Actions
Rule 42 Consolidation; Separate Trials
Rule 43 Taking of Testimony
Rule 44 Proof of Official Record
Rule 44.1 Determination of Foreign Law
Rule 45 Subpoena
Rule 46 Exception Unnecessary
Rule 47 Special Verdicts and Interrogatories
Rule 48 Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings
Rule 49 Instructions to Jury: Objection
Rule 50 Findings by the Court; Judgment on Partial Findings
JUDGMENT
Rule 51 Judgments; Costs
Rule 52 Default
Rule 53 Summary Judgment
Rule 54 Declaratory Judgments
Rule 55 Entry of Judgment
Rule 56 Recognition and Enforcement of Foreign Judgments
Rule 57 New Trials; Amendment of Judgments
Rule 58 Relief From Judgment or Order
Rule 59 Harmless Error
Rule 60 Stay of Proceedings to Enforce a Judgment
Rule 61 Inability of a Judge to Proceed
PROVISIONAL AND FINAL REMEDIES
Rule 62 Seizure of Person or Property
Rule 63 Injunctions
Rule 63.1 Security: Proceedings Against Sureties
Rule 64 Receivers Appointed by Court
Rule 65 Deposit in Court
Rule 66 Offer of Judgment
Rule 67 Execution
Rule 68 Process in Behalf of and Against Persons Not Parties
SPECIAL PROCEEDING
Rule 69 Condemnation of Property
Rule 70 Stenographer; Stenographic Report or Transcript as Evidence
Rule 71 Jurisdiction Unaffected
Rule 72 Rules by Court
Rule 73 Name Change
CHAPTER 2-3: CIVIL INFRACTION PROCEDURES
GENERAL PROVISIONS
'2-3-1 Definitions
'2-3-2 Application
'2-3-3 Rights of Defendant
INFRACTION PROCEDURES
'2-3-4 Citations
'2-3-5 Preliminary Hearing/Trial
'2-3-6 Remedies
'2-3-7 Failure to Appear
'2-3-8 Method of Payment of Penalty and Costs
'2-3-9 Appeals
CHAPTER 2-4: JUVENILE JUSTICE
'2-4-0 Purpose
INTRODUCTORY PROVISIONS
'2-4-1 Definitions
'2-4-2 Personal Jurisdiction
'2-4-3 Extension of Jurisdiction
'2-4-4 Capacity
'2-4-5 Nature of Juvenile Cases
'2-4-6 Trial as Adult
'2-4-7 Comity
'2-4-8 Juvenile Probation Officers
CUSTODY
'2-4-9 When Juvenile may be Taken into Custody
'2-4-10 Notification of Rights
'2-4-11 Custody Procedures
COURT PROCEDURES IN JUVENILE MATTERS
'2-4-12 Petition
'2-4-13 Juvenile Proceedings
'2-4-14 Detention Hearing
INFORMAL ADJUSTMENT/ADVISORY HEARING
'2-4-15 Informal Adjustment
'2-4-16 Advisory Hearing
ADJUDICATORY HEARING/DISPOSITIONAL HEARING
'2-4-17 Adjudicatory Hearing
'2-4-18 Consolidation of Proceedings
'2-4-19 Predisposition Report
'2-4-20 Dispositional Hearing
'2-4-21 Jurisdiction Over Parents
'2-4-22 Status Offenses
JUVENILE RECORDS
'2-4-23 Maintenance of Records/Confidentiality
'2-4-24 Destruction of Records
CHAPTER 2-5: ADMINISTRATIVE PROCEDURES
'2-5-1 Definitions
'2-5-2 Procedural Rules/Policies
RULE MAKING
'2-5-3 Rule Making Procedure
ADJUDICATIONS
'2-5-4 Timing
'2-5-5 Exhaustion of Other Remedies
'2-5-6 Notice
'2-5-7 Appearance by Parties
'2-5-8 Submission of Evidence
'2-5-9 Hearings
'2-5-10 The Record
'2-5-11 Ex Parte Contacts and Conflict of Interests
'2-5-12 Exclusion of Certain Employees From Decision
JUDICIAL REVIEW
'2-5-13 Petition for Review
'2-5-14 Appeal Record
'2-5-15 Scope and Standard of Review
'2-5-16 Request for Stay
CHAPTER 2-6: FORFEITURE
' 2-6-1 Definitions
' 2-6-2 Forfeiture Actions
' 2-6-3 Seizure
' 2-6-4 Forfeiture Determination
CHAPTER 2-7: COLLECTION OF DEBTS
'2-7-1 Definitions
'2-7-2 Writ of Attachment/Hearing
'2-7-3 Intervening Creditors
'2-7-4 Execution of Writ
'2-7-5 Garnishment
'2-7-6 Writ of Recovery
'2-7-7 Specific Acts
'2-7-8 Service of Writ
'2-7-9 Exempt Property
'2-7-10 Homestead Exemption
CHAPTER 2-8: RULES OF EVIDENCE
GENERAL PROVISIONS
Rule 1 Scope
Rule 2 Purpose and Construction
Rule 3 Rulings on Evidence
Rule 4 Preliminary Questions
Rule 5 Limited Admissibility
Rule 6 Remainder of or Related Writings or Recorded Statements
JUDICIAL NOTICE
Rule 7 Judicial Notice of Adjudicative Facts
PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
Rule 8 Presumptions in General in Civil Actions and Proceedings
RELEVANCY AND ITS LIMITS
Rule 9 Definition of "Relevant Evidence"
Rule 10 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
Rule 11 Exclusion of Relevant evidence on Grounds of Prejudice, Confusion, or Waste of Time
Rule 12 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
Rule 13 Methods of Proving Character
Rule 14 Habit: Routine Practice
Rule 15 Subsequent Remedial Measures
Rule 16 Compromise and Offers to Compromise
Rule 17 Payment of Medical and Similar Expenses
Rule 18 Inadmissibility of Pleas, Plea Discussions, and Related Statements
Rule 19 Liability Insurance
Rule 20 Sex Offense Cases; Relevance of Victim's Past Behavior
PRIVILEGES
Rule 21 Claim of Privilege
Rule 22 Waiver of Privilege
Rule 23 Self Incrimination
Rule 24 Advocate-Client Privilege
Rule 25 Diagnosis or Treatment
Rule 26 Husband-Wife Privilege
Rule 27 Religious Privilege
Rule 28 Public Officer Privilege
WITNESSES
Rule 29 General Rule of Competency
Rule 30 Lack of Personal Knowledge
Rule 31 Oath or Affirmation
Rule 32 Interpreters
Rule 33 Competency of Judge as Witness
Rule 34 Competency of Juror as Witness
Rule 35 Who May Impeach
Rule 36 Evidence of Character and Conduct of Witness
Rule 37 Impeachment by Evidence of Conviction of Crime
Rule 38 Religious Beliefs or Opinions
Rule 39 Mode and Order of Interrogation and Presentation
Rule 40 Writing Used to Refresh Memory
Rule 41 Prior Statements of Witnesses
Rule 42 Calling and Interrogation of Witnesses by Court
Rule 43 Exclusion of Witnesses
OPINIONS AND EXPERT TESTIMONY
Rule 44 Opinion Testimony by Lay Witnesses
Rule 45 Testimony by Experts
Rule 46 Bases of Opinion Testimony by Experts
Rule 47 Opinion on Ultimate Issue
Rule 48 Disclosure of Facts or Data Underlying Expert Opinion
Rule 49 Court Appointed Experts
HEARSAY
Rule 50 Definitions
Rule 51 Hearsay Rule
Rule 52 Hearsay Exceptions; Availability of Declarant Immaterial
Rule 53 Hearsay Exceptions; Declarant Unavailable
Rule 54 Hearsay Within Hearsay
Rule 55 Attacking and Supporting Credibility of Declarant
AUTHENTICATION AND IDENTIFICATION
Rule 56 Requirement of Authentication or Identification
Rule 57 Self-Authentication
Rule 58 Subscribing Witness' Testimony Unnecessary
CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
Rule 59 Definitions
Rule 60 Requirement of Original
Rule 61 Admissibility of Duplicates
Rule 62 Admissibility of Other Evidence of Contents
Rule 63 Public Records
Rule 64 Summaries
Rule 65 Testimony or Written Admission of Party
Rule 66 Functions of Court and Jury
MISCELLANEOUS RULES
Rule 67 Applicability of Rules
CHAPTER 2-9: APPELLATE PROCEDURES
'2-9-1 Definitions
'2-9-2 Notice of Appeal
'2-9-3 Briefs
'2-9-4 Record
'2-9-5 Costs
'2-9-6 Stay
'2-9-7 Standard of Review; Disposition
'2-9-8 Opinion
'2-9-9 Judgments
'2-9-10 Immediate Appeals
'2-9-11 Full Appeal
'2-9-12 Clerical Mistakes
'2-9-13 Reconsideration
'2-9-14 Finality of Decision / Motion to Reinstate Appeal
TITLE 3: NATURAL RESOURCES AND ENVIRONMENT
CHAPTER 3-1: FISH AND WILDLIFE
INTRODUCTORY PROVISIONS
'3-1-1 Definitions
'3-1-2 Purpose and Declaration of Policy
'3-1-3 CRITFE Authorization
'3-1-4 Use of Wildlife for Scientific Purposes
'3-1-5 State Jurisdiction Preempted
'3-1-6 Consistency with CRITFE Code
'3-1-7 Road Closures
'3-1-8 Tribal Member Identification
PROGRAM HEADS OF FISHERIES AND OF WILDLIFE DEPARTMENTS, FISH AND WILDLIFE COMMISSION ON RESERVATION HUNTING/ RECREATIONAL FISHING
'3-1-9 Program Heads of Fisheries and Wildlife Departments
'3-1-10 Fish and Wildlife Commission
'3-1-11 Duties and Powers of the Commission
'3-1-12 Seasons Opened Until Closed
'3-1-13 Report to NPTEC/NPTEC Review
REMEDIES FOR VIOLATIONS
'3-1-14 Civil Infractions
'3-1-15 Criminal Offenses
'3-1-16 Suspension/Revocation of Privileges
INFRACTIONS
'3-1-17 Failure to Show Proof of Identification
'3-1-18 Unauthorized Use of Rights or Privileges
'3-1-19 Wasting Fish and Game
'3-1-20 Destruction of Property
'3-1-21 Hunting from a Motor Vehicle
'3-1-22 Hunting with Artificial Lights
'3-1-23 Unlawful Hunting
'3-1-24 Unlawful Hunting with Dogs
'3-1-25 Use of Unlawful Substances
'3-1-26 Hunting or Fishing Without Privileges
'3-1-27 Unauthorized Fishing, Hunting and Trapping
'3-1-28 Unauthorized Helpers
'3-1-29 Liquor Infraction
'3-1-30 Boat Safety
'3-1-31 Scaffolds
CRIMES
'3-1-32 Trafficking Fish and Game
'3-1-33 Weapons Offense
'3-1-34 Eluding an Officer
'3-1-35 Threat or Intimidation to a Tribal Police Officer
'3-1-36 Interference with Hunting or Fishing Related Property
SUBSISTENCE FISHING
'3-1-37 Season
'3-1-38 Gear
'3-1-39 Reporting of Catch
COMMERCIAL FISHING
'3-1-40 Commercial Fishing in General
'3-1-41 Gear
'3-1-42 Reporting Catch
'3-1-43 Fish Length
'3-1-44 Fishing Sites
CEREMONIAL FISHING
'3-1-45 Ceremonial Permits
'3-1-46 Gear
'3-1-47 Notice to States
'3-1-48 Offenses
ON RESERVATION HUNTING/RECREATIONAL FISHING
'3-1-49 Types of Animals Defined
'3-1-50 Transportation Permit
'3-1-51 Permits, Licenses and Game Tags
'3-1-52 Protected/Threatened and Endangered Species
'3-1-53 Taking of Wildlife Damaging Property, Real or Personal
'3-1-54 Drug Promotion
'3-1-55 Possession and/or Consumption of a Controlled Substance
'3-1-56 Abuse of Psychotoxic Chemical Solvents
'3-1-57 Possession of Drug Paraphernalia
'3-1-58 Possession of Alcohol by a Person Under Twenty-One
'3-1-59 Public Intoxication
'3-1-60 Disorderly Conduct
'3-1-61 Resisting and Obstructing Officers
'3-1-62 Intoxicating Beverage/Controlled Substance Possession and/or Consumption in Usual and Accustomed Fishing Areas
'3-1-63 Littering at Fishing Sites
BUFFALO/BISON HUNTING
'3-1-80 Purpose
'3-1-81 Applicable Regulations
CHAPTER 3-2: SALMON AND STEELHEAD GUIDING AND OUTFITTING
'3-2-1 Findings
'3-2-2 Definitions
'3-2-3 Applicability
'3-2-4 Exceptions
'3-2-5 Prohibition
'3-2-6 Qualifications for Permits
'3-2-7 Applications for Permits
'3-2-8 Denial of Permit / Appeal
'3-2-9 Insurance
'3-2-10 Boating Equipment Requirement
'3-2-11 Reporting
'3-2-12 Regulations
'3-2-13 Open Areas
'3-2-14 Licenses / Other Regulations
'3-2-15 Cultural Resources
'3-2-16 Violations
TITLE 4: OFFENSES
CHAPTER 4-1: CRIMINAL OFFENSES
GENERAL PROVISIONS
Introductory Provisions
'4-1-1 Definitions
'4-1-2 Scope
'4-1-3 Purpose and Construction
'4-1-4 Civil Remedies Preserved
Multiple Prosecutions and Double Jeopardy
'4-1-5 Prosecution for Multiple Offenses
'4-1-6 Double Jeopardy
Burden of Proof
'4-1-7 Burden and Presumption of Innocence
'4-1-8 Negating Defenses
GENERAL PRINCIPLES OF LIABILITY
'4-1-9 Acts and Omissions to Act
'4-1-10 Culpability
'4-1-11 Causal Relationships Between Conduct and Result
'4-1-12 Ignorance or Mistake
'4-1-13 Accomplices
'4-1-14 Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf
'4-1-15 Intoxication
'4-1-16 Duress
'4-1-17 Consent
'4-1-18 Entrapment
'4-1-19 Mental Disease or Defect Excluding Responsibility
'4-1-20 Medical Examination and Institutionalization
JUSTIFICATION AND DEFENSES
'4-1-21 Justification Generally; Civil Remedies Unaffected
'4-1-22 Force in Self-Protection or Protection of Others
'4-1-23 Force for the Protection of Property
'4-1-24 Force in Law Enforcement
'4-1-25 Force by Persons with Special Responsibility or Care, Discipline or Safety of Others
SENTENCES AND PUNISHMENTS
'4-1-26 General Principles
'4-1-27 Sentences and Combinations of Sentences; Civil Penalties
'4-1-28 Payment of Fines and Other Monies
'4-1-29 Decision to Impose a Fine
'4-1-30 Community Service
'4-1-31 Sentencing Proceedings
'4-1-32 Probation
'4-1-33 Violation of Terms of Probation
INCHOATE OFFENSES
'4-1-34 Attempt
'4-1-35 Criminal Conspiracy
'4-1-36 Solicitation
OFFENSES AGAINST THE PERSON
Assault and Related Offenses
'4-1-37 Simple Assault
'4-1-38 Battery
'4-1-39 Aggravated Assault
'4-1-40 Aggravated Battery
'4-1-41 Stalking
'4-1-42 Aggravated Stalking
Murder and Related Offenses
'4-1-43 Murder
'4-1-44 Manslaughter
KIDNAPING AND RELATED OFFENSES
'4-1-45 KIDNAPING
'4-1-46 False Imprisonment
'4-1-47 Child Custodial Interference
SEXUAL OFFENSES
'4-1-48 Rape
'4-1-49 Forcible Sexual Penetration with a Foreign Object
'4-1-50 Unlawful Sexual Intercourse
'4-1-51 Sexual Assault
'4-1-52 Sexual Molestation of Minor under Sixteen
'4-1-52(a) Enticement of a Child
'4-1-52(b) Enticing a Child Through Use of the Internet or Other Communication Device
'4-1-53 Indecent Exposure
OFFENSES AGAINST PROPERTY
Property Destruction
'4-1-54 Arson
'4-1-55 Aggravated Arson
'4-1-56 Causing a Catastrophe
'4-1-57 Malicious Injury to Property
'4-1-58 Aggravated Vandalism
BURGLARY AND RELATED OFFENSES
'4-1-59 Burglary
'4-1-60 Burglary of a Vehicle
'4-1-61 Trespass
'4-1-62 Aggravated Trespass
'4-1-63 Robbery
'4-1-64 Theft
'4-1-65 Theft by Deception
'4-1-66 Acquiring Lost Property
'4-1-67 Theft by a False Promise
'4-1-68 Extortion
'4-1-69 Receiving Stolen Property
'4-1-70 Theft of Services
'4-1-71 Defenses to Theft and Related Offenses
'4-1-72 Theft of Telephone Services
'4-1-73 Unauthorized Use of a Vehicle
FORGERY
'4-1-74 Forgery
FRAUD
'4-1-75 Criminal Simulation
'4-1-76 Fraudulent Handling of Recordable Instruments
'4-1-77 Tampering With Records
'4-1-78 Bad Checks
'4-1-79 Deceptive Business Practices
'4-1-80 Fraudulent Use of Credit Card
'4-1-81 Rigging a Contest
'4-1-82 Defrauding Creditors.
'4-1-83 Unlawful Dealing With Property By a Fiduciary
'4-1-84 Making a False Credit Report
OFFENSES AGAINST THE FAMILY
Marital Violations
'4-1-85 Bigamy
'4-1-86 Incest
'4-1-87 Criminal Nonsupport
'4-1-88 Domestic Violence
'4-1-89 Abuse of Vulnerable Adults
'4-1-90 Child Abuse
'4-1-91 Endangering the Welfare of a Minor
'4-1-92 Contributing to the Delinquency of a Minor
OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT
Bribery and Corrupt Influences
'4-1-93 Definitions
'4-1-94 Bribery in Official Matters
'4-1-95 Threats and Other Improper Influence in Official Matters
'4-1-96 Compensation for Past Official Behavior
'4-1-97 Retaliation for Past Official Action
'4-1-98 Improper Gifts to Public Servants
ABUSE OF OFFICE
'4-1-99 Official Misconduct
'4-1-100 Interference with Tribal Court
'4-1-101 Official Oppression
'4-1-102 Misuse of Public Money
FALSIFICATION IN OFFICIAL MATTERS
'4-1-103 Perjury
'4-1-104 False Swearing
'4-1-105 Unsworn Falsification
'4-1-106 Tampering with Physical Evidence
'4-1-107 Tampering with Public Records
'4-1-108 Tampering with a Witness
'4-1-109 Bribing Witnesses
'4-1-110 Receiving Bribes in Exchange for Testimony
'4-1-111 Simulating Legal Process
'4-1-112 Criminal Impersonation
'4-1-113 Welfare Offense
OBSTRUCTING GOVERNMENT FUNCTION
'4-1-114 Resisting and Obstructing Officers
'4-1-115 Hindering Prosecution
'4-1-116 Escape
'4-1-117 Providing Contraband
'4-1-118 Bail Jumping
'4-1-119 Failure to Obey an Order of the Court
'4-1-120 Default on Fine
'4-1-121 Riot
'4-1-122 Obstructing the Administration of Justice
OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE
'4-1-123 Prostitution
'4-1-124 Spreading Sexually Transmitted Disease
'4-1-125 Setting a Dangerous Device
'4-1-126 Weapons Offense
'4-1-127 Committing an Offense While Armed
'4-1-128 Abuse of Corpse
DRUG AND ALCOHOL RELATED OFFENSES
'4-1-129 Drug Promotion
'4-1-130 Possession and/or Consumption of a Controlled Substance
'4-1-131 Abuse of Psychotoxic Chemical Solvents
'4-1-132 Possession of Drug Paraphernalia
'4-1-133 Possession of Alcohol by a Person Under Twenty-One
'4-1-134 Possession, Distribution or Use of Cigarettes or Other Tobacco Products by a Person under the Age of Eighteen (18)
'4-1-135 Public Intoxication
'4-1-136 Dispensing of Alcohol to Person Under the Age of Twenty-one Years
'4-1-137 Open Container
SEX OFFENDER REGISTRATION
'4-1-148 Penalty
FISH AND WILDLIFE OFFENSES
'4-1-151 Drug Promotion
'4-1-152 Possession and/or Consumption of a Controlled Substance
'4-1-153 Abuse of Psychotoxic Chemical Solvents
'4-1-154 Possession of Drug Paraphernalia
'4-1-155 Possession of Alcohol by a Person Under Twenty-One
'4-1-156 Public Intoxication
'4-1-157 Disorderly Conduct
'4-1-158 Resisting and Obstructing Officers
PUBLIC ORDER
'4-1-200 Disorderly Conduct
'4-1-201 Unreasonable Noise
'4-1-202 Animal Fighting
'4-1-203 Cruelty to Animals
'4-1-204 Persistent or Habitual Violations of the Dog Ordinance
CHAPTER 4-2: TRAFFIC
GENERAL PROVISIONS
'4-2-1 Definitions
'4-2-2 Duties of Officers; Warrant not Required
'4-2-3 License Suspension - Revocation
'4-2-4 Disposition of Fines
'4-2-5 Seizure of Stolen Vessels, Motor and Other Vehicles
'4-2-6 Severability
OFFENSES
'4-2-7 Crimes
'4-2-8 Arrests for Serious Offenses; Appearance before Tribal Court
'4-2-9 Infractions
CHAPTER 4-3: CIVIL INFRACTIONS
GENERAL PROVISIONS
'4-3-1 Definitions
'4-3-2 Duties of Officers; Warrant not Required
'4-3-3 Disposition of Fines
'4-3-4 Officers
OFFENSES
Property
'4-3-5 Trespass
'4-3-6 Vandalism
'4-3-7 Shoplifting/Retail Theft
'4-3-8 Liability for Acts of Minors
'4-3-9 Nuisance Abatement
Public Order
'4-3-20 Refusing Assistance to Officers
'4-3-21 False Reporting
'4-3-22 Disorderly Conduct
'4-3-23 Loitering
'4-3-24 Harassment
'4-3-25 Abuse of Corpse
'4-3-26 Cruelty to Animals
Public Health, Safety and Welfare
'4-3-50 Waters Infraction
'4-3-51 Public Nuisance
'4-3-52 Curfew Infraction - Persons Under Eighteen (18) Years
'4-3-53 Curfew Infraction - Parental Violation
'4-3-53(a) Truancy - Persons Under Eighteen (18) Years
'4-3-53(b) Truancy - Parental Violation
'4-3-53(c) Runaway - Persons Under Eighteen (18) Years
'4-3-53(d) Runaway Infraction - Parental Violation
'4-3-54 Littering
'4-3-55 Livestock Infraction
'4-3-56 Immunity of persons giving first aid from damage claim
'4-3-57 Immunity of volunteer ambulance attendant
Administration of Government
'4-3-70 Interference with Judicial Process
'4-3-71 Dog Ordinance
'4-3-72 Firework Ordinance
'4-3-73 Fuel Tax Ordinance
'4-3-74 Tobacco and Liquor Ordinance Violations
'4-3-75 Official Nez Perce Tribal Executive Committee Actions Enforceable
'4-3-76 Violation of Sex Offender Registration Code
'4-3-77 Violation of Forest Product Harvesting Policy
'4-3-78 Noncompliance with Nez Perce Tribal Building and Electrical Code
CHAPTER 4-4: EXCLUSION AND REMOVAL
'4-4-1 Definitions
'4-4-2 Persons Subject to Exclusion and Removal
'4-4-3 Grounds for Exclusion and Removal
'4-4-4 Proceedings for Exclusion
'4-4-5 Hearing on Exclusion and Removal
'4-4-6 Appeals
'4-4-7 Enforcement of Orders of Exclusion and Removal
'4-4-8 Emergency Exclusion and Removal Without Prior Hearing
CHAPTER 4-5: DOMESTIC RELATIONS
INTRODUCTORY PROVISIONS
'4-5-1 Definitions
'4-5-2 Scope
'4-5-3 Enforcement
'4-5-4 Marriage License
'4-5-5 Marriage Ceremony
ANNULMENT
'4-5-6 Void and Voidable Marriages
'4-5-7 Annulment Actions/Judgment
'4-5-8 Legitimacy of Children
DISSOLUTION
'4-5-9 Dissolution of Marriage
'4-5-10 Grounds for Dissolution
'4-5-11 Proceedings
PROPERTY RIGHTS
'4-5-14 Property Settlement Agreement
'4-5-15 Separate Property
'4-5-16 Community Property
'4-5-17 Management of Community Property
'4-5-18 Disposition of Property
CUSTODY OF CHILDREN
'4-5-19 Care and Custody of Children
'4-5-20 Emancipation
'4-5-21 Proceedings
CHILD CUSTODY JURISDICTION
'4-5-22 Purposes of this Sub-title - Construction of Provisions
'4-5-23 Definitions
'4-5-24 Jurisdiction
'4-5-25 Notice and Opportunity to be Heard
'4-5-26 Notice to Persons Outside this State – Submission to Jurisdiction
'4-5-27 Simultaneous Proceedings in other States
'4-5-28 Inconvenient Forum
'4-5-29 Jurisdiction Declined by Reason of Conduct
'4-5-30 Information Under Oath to be Submitted to the Court
'4-5-31 Additional Parties
'4-5-32 Appearance of Parties and the Child
'4-5-33 Binding Force and Res Judicata Effect of Custody Decree
'4-5-34 Recognition of Out-of-State Custody Decrees
'4-5-35 Modification of Custody Decree of Another State
'4-5-36 Time and Standard for Modifying Custody Decree
'4-5-37 Filing and Enforcement of Custody Decree of Another State
'4-5-38 Registry of Out-of-State Custody Decrees and Proceedings
'4-5-39 Certified Copies of Custody Decree
'4-5-40 Testimony by Deposition in Another State
'4-5-41 Hearings and Studies in Another State
'4-5-42 Assistance to Courts of Other States
'4-5-43 Preservation of Documents for use in Other States
'4-5-44 Request for Court Records of Another State
'4-5-45 International Application
'4-5-46 Priority
SEPARATE MAINTENANCE/CHILD SUPPORT
'4-5-50 Temporary Spousal/Child Support
'4-5-51 Maintenance/Child Support
MANDATORY INCOME WITHHOLDING FOR CHILD SUPPORT
'4-5-52 Remedies in Addition to Other Remedies
'4-5-53 Income Withholding
'4-5-54 Notice of Immediate Income Withholding
'4-5-55 Income Withholding Upon a Delinquency
'4-5-56 Judicial Proceedings for Income Withholding
'4-5-57 Service of Income Withholding Order in a Judicial Proceeding
'4-5-58 Employer's Duties and Responsibilities – Fee for Employer
'4-5-59 Penalties for Employers
'4-5-60 Identifying Information - Filing with Tribunal and Child Support Services
'4-5-61 Order for Payment of Medical Expenses
'4-5-62 Termination of Income Withholding upon Obligor's Request
'4-5-63 Health Insurance Coverage - Enforcement
'4-5-64 Termination or Modification of Income Withholding upon Obligee's Request
'4-5-65 Termination of Income Withholding by the Court in a Judicial Proceeding
'4-5-66 Location of Noncustodial Parent
'4-5-67 Modification
'4-5-68 Income Withholding Orders from Foreign Jurisdictions
'4-5-69 Termination of Income Withholding upon Satisfaction of Support Obligation
'4-5-70 Amounts Improperly Withheld
CHAPTER 4-6: SEX OFFENDER REGISTRATION CODE
GENERAL MATTERS
'4-6-1 Title
'4-6-2 Purpose
'4-6-3 Need
'4-6-4 Creation of Registries
TERMINOLOGY AND COVERED OFFENSES
'4-6-5 Definitions
'4-6-6 Covered Offenses
REQUIRED INFORMATION
'4-6-10 General Requirements
'4-6-11 Criminal History
'4-6-12 Date of Birth
'4-6-13 DNA Sample
'4-6-14 Driver's Licenses, Identification Cards, Passports, and Immigration Documents
'4-6-15 Employment Information
'4-6-16 Finger and Palm Prints
'4-6-17 Internet Identifiers
'4-6-18 Name
'4-6-19 Phone Numbers
'4-6-20 Picture
'4-6-21 Physical Description
'4-6-22 Professional Licensing Information
'4-6-23 Residence Address
'4-6-24 School
'4-6-25 Social Security Number
'4-6-26 Temporary Lodging
'4-6-27 Offense Information
'4-6-28 Vehicle Information
'4-6-29 Frequency, Duration and Reduction
'4-6-30 Requirements for in Person Appearances
REGISTRATION
'4-6-31 Where Registration Is Required
'4-6-32 Timing of Registration
'4-6-33 Retroactive Registration
'4-6-34 Keeping Registration Current
'4-6-35 Failure to Appear for Registration and Absconding
PUBLIC SEX OFFENDER REGISTRY WEBSITE
'4-6-36 Website
'4-6-37 Required and Prohibited Information
'4-6-38 Community Notification
IMMUNITY
'4-6-39 Immunity
TITLE 5: JUVENILES AND DEPENDENTS
CHAPTER 5-1: MINORS IN NEED OF CARE
INTRODUCTORY PROVISIONS
'5-1-1 Purpose
'5-1-2 Definitions
'5-1-3 Transfer of Jurisdiction
'5-1-4 Agent for Service of ICWA Notices
'5-1-5 Comity
'5-1-6 Child Protection Core Team
'5-1-7 Minors in Need of Care Records
'5-1-8 Notice
CHILD ABUSE REPORTS/INVESTIGATION/REMOVAL
'5-1-9 Duty to Report Child Abuse and Neglect
'5-1-10 Investigation and Removal
'5-1-11 Voluntary Placement Agreements
'5-1-12 Notice of Removal
'5-1-13 Placement Considerations and Orders of Preference
MINORS IN NEED OF CARE PROCEEDINGS
'5-1-14 Proceedings in General
'5-1-15 Filing Minor in Need of Care Petition
'5-1-16 Notice of Removal
'5-1-17 Shelter Care Hearing
'5-1-18 Adjudicatory Hearing
'5-1-19 Default Judgment
'5-1-20 Aggravated Circumstances
'5-1-21 Review Hearings
'5-1-22 Permanency Hearings
'5-1-23 Documentation of Judicial Determinations
FOSTER HOMES
'5-1-24 Foster Homes in General
'5-1-25 Foster Home Licensing Procedures
'5-1-26 Foster Home Payments
'5-1-27 Medical Needs
TERMINATION OF PARENTAL RIGHTS
'5-1-28 Termination of Parental Rights
ADOPTIONS
'5-1-29 Adoptions in General
'5-1-30 The Petition
'5-1-31 Hearing
'5-1-32 Consent
'5-1-33 Decrees
'5-1-34 Placement Considerations and Orders of Preference
'5-1-35 Vacating the Decree
'5-1-36 Adoption Assistance
'5-1-37 Adoption Assistance Agreement
'5-1-38 Medicaid and Social Services
ESTABLISHING PATERNITY
'5-1-39 Establishment of Parentage and/or Support
'5-1-40 Hearing
'5-1-41 Genetic Testing
'5-1-42 Genetic Testing Results; Rebuttal
'5-1-43 Additional Genetic Testing
'5-1-44 Identical Brothers
'5-1-45 Confidentiality of Genetic Testing
'5-1-46 Presumption of Paternity
'5-1-47 Judgment and Order of the Court
VOLUNTARY ACKNOWLEDGMENT OF PATERNITY
'5-1-48 Acknowledgment of Paternity
'5-1-49 Denial of Paternity
'5-1-50 Rules for Acknowledgment and Denial of Paternity
'5-1-51 Effect of Acknowledgment or Denial of Paternity
'5-1-52 Proceeding for Rescission
'5-1-53 Challenge After Expiration of Period for Rescission
'5-1-54 Procedure for Rescission or Challenge
'5-1-55 Ratification Barred
'5-1-56 Full Faith and Credit
'5-1-57 Forms for Acknowledgment and Denial of Paternity
'5-1-58 Release of Information
'5-1-59 Adoption of Rules
SUPPORT
'5-1-60 Procedure for Support Payment
'5-1-61 Voluntary Support Agreement
'5-1-62 Registration and Enforcement of Foreign Paternity Judgments
CHAPTER 5-2: GUARDIANSHIPS
INTRODUCTORY PROVISIONS
'5-2-1 Definitions
'5-2-2 Guardianships in General
'5-2-3 Appointment of Guardian in Connection With Probating an Estate
'5-2-4 Who may Serve as Guardian
'5-2-5 Placement of Children
'5-2-6 Powers and Duties of Guardian
'5-2-7 Powers and Duties of Guardian Ad Litem
'5-2-8 Guardians Reimbursement
TYPES OF GUARDIANSHIPS
'5-2-9 Guardianship of Children
'5-2-10 Guardianship of Incapacitated Persons
'5-2-11 Guardianship of Property
'5-2-12 Temporary Guardianship
PROCEEDINGS
'5-2-13 Guardianship Petition
'5-2-14 Parties
'5-2-15 Guardianship Report
'5-2-16 Hearings
'5-2-17 Discharge of Guardianship
TITLE 6: INTERGOVERNMENTAL RULES AND REGULATIONS
CHAPTER 6-1: ENROLLMENT ORDINANCE
'6-1-1 Definitions
'6-1-2 Enrollment Application Procedures
'6-1-3 Application Processing
'6-1-4 Determination of Blood Quantum or Degree
'6-1-5 Termination of Enrollment
'6-1-6 Voluntary Relinquishment of Enrollment
'6-1-7 Enrollment Records
'6-1-8 Resolutions
'6-1-9 Enrollment Cards; Certification of Indian Blood
CHAPTER 6-2: GAMING ORDINANCE
'6-2-1 Definitions
'6-2-2 Purpose
'6-2-3 Ownership of Gaming and Use of Gaming Revenue
'6-2-4 Severability
'6-2-5 Amendment
§6-2-5 Sovereignty
AUTHORIZED GAMBLING ACTIVITIES
'6-2-7 Class I Gaming
'6-2-8 Class II Gaming
'6-2-9 Class III Gaming
'6-2-10 Gaming Prohibited
'6-2-11 Nez Perce Tribe Gaming Commission Established
'6-2-12 Powers and Duties of the Commission and of the Nez Perce Tribal Executive Committee with Regard to the Commission Hours, Compensation and Removal
GAMING OPERATIONS
'6-2-13 General Gaming Operations Requirements
'6-2-14 Inspection of Premises
KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS
'6-2-15 Applications for Key Employee and Primary Management Official Positions
BACKGROUND INVESTIGATIONS
'6-2-16 Applications - Required Information
'6-2-17 Investigative Procedures for Background Checks
'6-2-18 Eligibility Determination
'6-2-19 Procedure for Submission of Applications and Reports for National Indian Gaming Commission Approval
'6-2-20 Gaming Licenses
'6-2-21 Facility Licenses
'6-2-22 License Suspension
'6-2-23 Dispute Resolution Process
'6-2-24 Appeal from Decisions of the Commission
'6-2-25 Penalties for Violations
'6-2-26 Exclusion of Individuals from Gaming Activities
CHAPTER 6-3: FIREWORKS ORDINANCE
'6-3-1 Title
'6-3-2 Purpose
'6-3-3 Jurisdiction
'6-3-4 Definitions
'6-3-5 Wholesale License
'6-3-6 Firework Retail License
'6-3-7 Right to Deny License
'6-3-8 Right to Close Fireworks Season
'6-3-9 Application
'6-3-10 Application Form
'6-3-11 License Suspension or Revocation
'6-3-12 License Non-Transferrable
'6-3-13 Duration of License
'6-3-14 Operator
'6-3-15 Employees of Licensee
'6-3-16 Sale to Minors
'6-3-17 Intoxication
'6-3-18 Permitted Fireworks - Conformity with Federal Law
'6-3-19 Discharge of Fireworks in Selling Area
'6-3-20 Fire Safety
'6-3-21 Notice
'6-3-22 Repeal
'6-3-23 Non-Liability
'6-3-24 Severability
'6-3-25 Requirements for Retail Operators
'6-3-26 Violations/Sanctions
CHAPTER 6-4: NEZ PERCE TRIBAL COMMERCIAL BUILDING CODE
'6-4-1 Title
'6-4-2 Jurisdiction
'6-4-3 Adoption of Code
'6-4-4 Definitions
'6-4-5 Commercial Building Permits When Required
'6-4-6 Electrical Inspection Verification
'6-4-7 Fees
'6-4-8 Issue of Permits
'6-4-9 Inspection and Enforcement
'6-4-10 Public Access to Code
'6-4-11 Noncompliance
'6-4-12 Review
'6-4-13 Severability
CHAPTER 6-5: FOREST PROTECTION FIRE ORDINANCE
'6-5-1 Definitions
'6-5-2 Fire
'6-5-3 Spark Arresters
'6-5-4 Cost of Fire Suppression and Protection
CHAPTER 6-6: FUEL TAX ORDINANCE
'6-6-1 Definitions
'6-6-2 Purpose
'6-6-3 Imposition of Tax
'6-6-4 Distributor Licenses
'6-6-5 Retailer Licenses
'6-6-6 Enforcement
'6-6-7 Distribution of Tax Revenues
'6-6-8 Violations/Sanctions
CHAPTER 6-7: TOBACCO AND LIQUOR ORDINANCE
'6-7-1 Definitions
'6-7-2 Distributor Licenses
'6-7-3 Tobacco Outlet Licenses
'6-7-4 Liquor Distributor and Outlet Licenses
'6-7-5 Sales to Minors Prohibited
'6-7-6 Other Business by Operator
'6-7-7 Tribal Liability and Credit
'6-7-8 Severability
'6-7-9 Assignment, Transfer, Sublease or Amendment of Outlet Licenses
'6-7-10 Enforcement Procedures
CHAPTER 6-8: DOG ORDINANCE
'6-8-1 Purpose
'6-8-2 Definitions
'6-8-3 License Required
'6-8-4 Collar and Tag
'6-8-5 Licensing
'6-8-6 Imitation License Tags Prohibited
'6-8-7 Rabies
'6-8-8 Impounding
'6-8-9 Impounding Fees
'6-8-10 Miscellaneous Prohibited Acts
'6-8-11 Running at Large Prohibited
'6-8-12 Interference with Officer
'6-8-13 Penalty for Violations
'6-8-14 Dog Marshal and Designated Assistant
'6-8-15 Female Dogs in Heat
'6-8-16 Sick Dogs Prohibited from Public Places
'6-8-17 Removal of Vicious Dogs from Nez Perce Reservation
'6-8-18 Citations, Prosecutions, Penalties
'6-8-19 Civil Liability
'6-8-20 Conflicting Ordinances
'6-8-21 Jurisdiction
CHAPTER 6-9: NEZ PERCE TRIBAL ATHLETIC COMMISSION
'6-9-1 Establishment of Commission
'6-9-2 Purpose and Authorities of Commission
'6-9-3 Membership of Commission
'6-9-4 Term of Membership
'6-9-5 Meetings
'6-9-6 Officers and Responsibilities
'6-9-7 Open Meetings and Public Records
'6-9-8 Event Permits
'6-9-9 Licensure of Event Participants
'6-9-10 Other Commission Rules and Regulations
'6-9-11 Penalties
CHAPTER 6-10: ELECTION ORDINANCE
'6-10-1 Definitions
'6-10-2 Types of Elections
'6-10-3 Qualifications for Office
'6-10-4 Filing for Office
'6-10-5 Certification of Candidates
'6-10-6 Notice of Election
'6-10-7 Polling Places and Times
'6-10-8 Terms of Office
'6-10-9 Ballots
'6-10-10 Ballot Boxes
'6-10-11 Voting Booths
'6-10-12 Poll Watcher
'6-10-13 Electioneering and Loitering
'6-10-14 Voting Procedures
'6-10-15 Tallying the Votes
'6-10-16 Declaring the Winners
'6-10-17 Recount
'6-10-18 Certification of Results
'6-10-19 Incumbents
'6-10-20 Date of Taking Office
'6-10-21 NPTEC Vacancies Arising After February 15 Filing Deadline
CHAPTER 6-11: SALES TAX ORDINANCE
'6-11-1 Purpose
'6-11-2 Imposition of Tax
'6-11-3 Exemptions from Sales Tax
'6-11-4 Reporting
'6-11-5 Deposit of Sales Tax Revenue
'6-11-6 Penalties
TITLE 7: DOMESTIC VIOLENCE
CHAPTER 7-1: GENERAL PROVISIONS
'7-1-1 Purpose
'7-1-2 Jurisdiction
'7-1-3 Definitions
CHAPTER 7-2: CRIMINAL PENALTIES AND PROCEDURES
'7-2-1 Crime involving domestic violence
'7-2-2 Domestic Violence
'7-2-3 Child abuse
'7-2-4 Violation of domestic protection orders is a crime
'7-2-5 Duties of law enforcement officer to victim of domestic violence; required notice to victim
'7-2-6 Mandatory Arrest for crimes involving domestic violence; determination of primary aggressor; required report
'7-2-7 Mandatory arrest for violations of domestic protection orders
'7-2-8 Pre-arraignment release
'7-2-9 Conditions of release
'7-2-10 Mandatory arrest for violation of conditions of release
'7-2-11 Written procedures for prosecution of domestic violence; purpose
'7-2-12 Duty of prosecutor to notify victim
'7-2-13 Record of dismissal required in court file
'7-2-14 Dismissal of criminal case prohibited because civil compromise reached
'7-2-15 Rights of victims of domestic violence; duty of prosecutor to inform victim of rights
'7-2-16 Advocate-victim privilege applicable in cases involving domestic violence
'7-2-17 Diversion prohibited; deferred sentencing permitted
'7-2-18 Conditions of probation for perpetrator convicted of a crime involving domestic violence; required reports by probation department
'7-2-19 Required written policies and procedures
CHAPTER 7-3: CIVIL DOMESTIC PROTECTION ORDERS
'7-3-1 Eligible petitioners for order
'7-3-2 Action for protection
'7-3-3 Fees waived
'7-3-4 Ex parte temporary domestic protection order
'7-3-5 Domestic protection order
'7-3-6 Full Faith and Credit Given to Domestic Protection Orders
'7-3-7 Continuing duty to inform the Court of other proceedings; effect of other proceedings; delay of relief; omission of petitioner=s address
'7-3-8 Effect of action by petitioner or respondent on order
'7-3-9 Mutual orders prohibited
CHAPTER 7-4: FAMILY AND CHILDREN
'7-4-1 Presumption concerning custody
'7-4-2 Factors in determining custody and visitation
'7-4-3 Presumption concerning residence of child
'7-4-4 Conditions of visitation in cases involving domestic violence
'7-4-5 Duties of children=s protective services
CHAPTER 7-5: NEZ PERCE TRIBE ELDER AND ADULT PROTECTION ACT
'7-5-1 Title
'7-5-2 Purpose
'7-5-3 Definitions
'7-5-4 Scope
'7-5-5 Powers and Duties
'7-5-6 Imminent Danger
'7-5-7 Access to Investigate
'7-5-8 Law Enforcement Responsibilities
'7-5-9 Nez Perce Tribe Prosecutor Responsibilities
'7-5-10 Special Powers and Duties in Cases of Self -Neglect
'7-5-11 Immunity of Participants: Non-Privileged Communication
'7-5-12 Duty to Report Abuse, Neglect, Self-Neglect or Exploitation of Vulnerable Adults or Elder; Confidentiality; Violation
'7-5-13 Mandatory Arrest
'7-5-14 Duty to Make Medical Records Available; Violation
'7-5-15 Permitting Life or Health of a Vulnerable Adult or Elder to be Imperiled by Abuse Neglect or Exploitation: Legal Remedies: Registry
'7-5-16 Severability
TITLE 8: WATER AND SEWER UTILITY AUTHORITY
CHAPTER 8-1: GENERAL PROVISION
'8-1-1 Title
'8-1-2 Purpose
'8-1-3 Policy
'8-1-4 Validity / Severability
'8-1-5 Suspension of Title
'8-1-6 Definitions
CHAPTER 8-2: UTILITY DEPARTMENT AND BOARD ESTABLISHMENT AND AUTHORITY
'8-2-1 Utility Established
'8-2-2 Board Established
'8-2-3 Board Authority
'8-2-4 Board Powers and Responsibilities
'8-2-5 Utility Board Membership
'8-2-6 Term of Office
'8-2-7 Method of Appointment / Vacancies
'8-2-8 Board Officers
'8-2-9 Board Meetings
'8-2-10 Quorum and Voting
'8-2-11 Compensation of Board Members
'8-2-12 Public Hearings
CHAPTER 8-3: MANAGEMENT AND FINANCES
'8-3-1 Management Personnel
'8-3-2 Annual Budget
'8-3-3 User Fee Schedule
'8-3-4 Records and Accounts
'8-3-5 Exclusive Use of Funds
'8-3-6 Regulations, Policies, and Code Amendments
'8-3-7 Grievances
'8-3-8 Sovereign Immunity
CHAPTER 8-4: UTILITY DEPARTMENT OPERATIONS
'8-4-1 Services Provided
'8-4-2 Water Services
'8-4-3 Sewer Services
'8-4-4 Section number inadvertently omitted when Chapter drafted
'8-4-5 Maintenance Schedule
'8-4-6 Emergency Notification
'8-4-7 Limits of Responsibility
'8-4-8 Right of Entry / Inspections
'8-4-9 Disruption of Service
'8-4-10 Permits
'8-4-11 Water Shortage / Service Preference
'8-4-12 Unnecessary Waste of Water
'8-4-13 Conservation of Water Resources
'8-4-14 New Customer Services
CHAPTER 8-5; CUSTOMER OBLIGATIONS
'8-5-1 Conditions for Payment / Service
'8-5-2 Maintenance / Repairs / Liability
'8-5-3 Customer Termination of Service / Abandonment
'8-5-4 Water Shortages
'8-5-5 Inspections
'8-5-6 Permits
'8-5-7 Cross-Connections
'8-5-8 Use of Sewer System
CHAPTER 8-6: FEE SCHEDULES AND BILLING
'8-6-1 Fee Schedule Establishment
'8-6-2 Public Hearing
'8-6-3 Monthly Statement
'8-6-4 Delinquent Account
'8-6-5 Advance Deposits
CHAPTER 8-7: ENFORCEMENT; PENALTIES; SANCTIONS
'8-7-1 Enforcement Responsibilities
'8-7-2 Penalty Schedule
'8-7-3 Sanctions Authorized
'8-7-4 Sanctions Guidelines
TITLE 9: INDIAN PREFERENCE IN EMPLOYMENT AND CONTRACTING
CHAPTER 9-1: GENERAL PROVISIONS
'9-1-1 Declaration
'9-1-2 Purpose
'9-1-3 Scope
'9-1-4 Rule of Construction
'9-1-5 Definitions
'9-1-6 Tribal Employment Rights Commission
'9-1-7 Duties and Powers of the Commission
'9-1-8 Term of Office
'9-1-9 Method of Appointment / Vacancies
'9-1-10 Commission Officers
'9-1-11 Commission Meetings
'9-1-12 Quorum and Voting
'9-1-13 Compensation of Commission Members
'9-1-14 Commission Bylaws
'9-1-15 Tribal Employment Rights Office and Director
'9-1-16 Notification and Responsibility for Compliance
'9-1-17 Unions
'9-1-18 Announcement of Compliance in Bids and Employment Advertisements
'9-1-19 Fee and Fee Administration
'9-1-20 Reports and Inspections
'9-1-21 Compliance Plans and Agreements
CHAPTER 9-2: EMPLOYMENT PREFERENCE PROVISIONS
'9-2-1 Employment Preference Requirements
'9-2-2 Job Qualification Review by the Tribal Employment Rights Office; Burden on Employer to Justify Job Criteria that Serve as Barriers to the Employment of Indians
'9-2-3 Hiring Hall
'9-2-4 Layoffs
'9-2-5 Promotions
'9-2-6 Training, Counseling and Support
'9-2-7 Investigations and Complaint Procedures (Employers Other than Tribal Government and Tribal Enterprises
'9-2-8 Tribal Preference in Hiring for Tribal Government and Tribal Enterprises
CHAPTER 9-3: CONTRACTING PREFERENCE PROVISIONS
'9-3-1 Preference Requirements for Contracting Entities
'9-3-2 Contracting Procedures and Oversight
'9-3-3 Investigations and Complaint Procedures
CHAPTER 9-4: CERTIFICATION PROCEDURES FOR CERTIFIED INDIAN BUSINESSES
'9-4-1 Criteria for Certification
'9-4-2 Certification Procedures
'9-4-3 Certification Grades
'9-4-4 Withdrawal of Certification
'9-4-5 Annual and Other Reports
CHAPTER 9-5: TRIBAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (TOSHA)
'9-5-1 Purpose and Definitions
'9-5-2 Scope
'9-5-3 Employers to Provide Safe Workplace
'9-5-4 Duty to Comply
'9-5-5 Jurisdiction of TOSHA Office
'9-5-6 Federal Standards as Guidance
'9-5-7 Safety Plans
'9-5-8 Citation and Order to Correct Unsafe Conditions
'9-5-9 Rulemaking and Enforcement Authority
'9-5-10 Notice of Violation to Employer, Complaints to TOSHA Officer, Protection of Complaining Employee
'9-5-11 Inspection of Places of Employment; Denial of Access, Warrants
'9-5-12 Citation for Safety or Health Standard Violation; Effect of Failure to Correct
'9-5-13 Conciliation; Contesting Violations; Hearing
TITLE 10: PROBATE ORDINANCE
CHAPTER 10-1: GENERAL PROVISIONS
'10-1-1 Legislative Findings
'10-1-2 Declaration of Policy
'10-1-3 Effective Date
'10-1-4 Severability
'10-1-5 Reference to Foreign Law
'10-1-6 Duties of Land Services Department
'10-1-7 Definitions and Interpretive Rules
'10-1-8 Persons and Property Subject to Title – Domicile Presumed
'10-1-9 Jurisdiction of Tribal Court
'10-1-10 Application to Probate of Trust and Restricted Property by the United States Department of the Interior
'10-1-11 Custom and Tradition - Distribution of Indian Finery and Indian Artifacts
'10-1-12 Restrictions on Testation and Inheritance of Trust or Restricted Property
CHAPTER 10-2: INTESTATE SUCCESSION
'10-2-1 Succession Rules
'10-2-2 Inheritance by Child
'10-2-3 Inheritance by Adopted Child
'10-2-4 Escheat for Want of Heirs
CHAPTER 10-3: WILLS
'10-3-1 Who May Make a Will s
'10-3-2 Requirements of Wills
'10-3-3 Revocation of Wills
'10-3-4 Subsequent Divorce of Testator
'10-3-5 Revival
'10-3-6 Death of Related Devisee or Legatee Before Testator
'10-3-7 Lapsed Bequest or Devise
'10-3-8 Estate for Life - Remainders
'10-3-9 Will to Operate On After Acquired Property
'10-3-10 Contribution Among Devisees and Legatees
'10-3-11 Intent of Testator Controlling
'10-3-12 Omitted Child Born or Adopted After Execution of Will
'10-3-13 Omitted Spouse Married After Execution of Will
'10-3-14 Omission of Spouse or Child Living at Execution of a Will
'10-3-15 Duty of Custodian of Will
CHAPTER 10-4: PROBATE PROCEEDINGS
'10-4-1 Initiation of Probate Proceedings
'10-4-2 Qualifications of Personal Representative; Priority
'10-4-3 Parties Disqualified - Result of Disqualification After Appointment
'10-4-4 Powers and Duties of Personal Representative
'10-4-5 Hearing; Order Initiating Probate; Appointment of Personal Representative and Letters of Administration
'10-4-6 Form of Letters of Administration
'10-4-7 Oath of Personal Representative
'10-4-8 Notice of Appointment as Personal Representative, Pendency of Probate - Proof by Affidavit
'10-4-9 Cancellation of Letters of Administration
'10-4-10 Successor Personal Representative
'10-4-11 Inventory and Appraisement - Filing - Copy Distribution
'10-4-12 Summary Probate of Exempt Estates
'10-4-13 Interim Reports of Personal Representative
'10-4-14 Final Report of the Personal Representative - Petition for Decree of Distribution
'10-4-15 Time and Place of Hearing on Final Report and Petition for Distribution - Notice
'10-4-16 Hearing on Final Report and Petition for Distribution - Decree of Distribution
'10-4-17 Distributions to Minors
'10-4-18 Letters After Final Settlement
'10-4-19 Receipts for Expenses from Personal Representative
CHAPTER 10-5: CLAIMS AGAINST ESTATE
'10-5-1 Notice to Creditors
'10-5-2 Form of Notice
'10-5-3 Claims Barred
'10-5-4 Claims - Form - Manner of Presentation
'10-5-5 Allowance or Rejection of Claims
'10-5-6 Allowance of Claims - Notice
'10-5-7 Rejection of Claims - Notice - Remedy
'10-5-8 Judgment Against Decedent - Execution Barred Upon Decedent's Death - Presentation
'10-5-9 Secured Claim - Creditor's Right
'10-5-10 Order of Payment of Debts
CHAPTER 10-6: WILL CONTESTS
'10-6-1 Contest of Probate or Rejection - Limitation of Action - Issues
'10-6-2 Notice of Contest
'10-6-3 Burden of Proof
'10-6-4 Orders Following Hearing on Contest
'10-6-5 Costs
CHAPTER 10-7: FAMILY SUPPORT PENDING PROBATE
'10-7-1 Support of Surviving Spouse and Children Pending Probate
'10-7-2 Award Discretionary
'10-7-3 Priority of Award
'10-7-4 Immunity of Award from Debts and Claims of Creditors
'10-7-5 Exhaustion of Estate - Closure of Estate - Discharge of Personal Representative
CHAPTER 10-8: UNIFORM SIMULTANEOUS DEATH ACT
'10-8-1 Devolution of Property in Case of Simultaneous Death of Owners
'10-8-2 Procedure when Beneficiaries Die Simultaneously
'10-8-3 Joint Tenants - Simultaneous Death
'10-8-4 Distribution of Insurance Policy when Insured and Beneficiary Die Simultaneously
'10-8-5 Scope of Chapter Limited
'10-8-6 Construction of Chapter
'10-8-7 Abatement Generally
CHAPTER 10-9: INHERITANCE RIGHTS OF SLAYER
'10-9-1 Slayer Defined
'10-9-2 Slayer Not to Benefit from Death
'10-9-3 Insurance Proceeds
'10-9-4 Payment by Insurance Company, Bank, etc. No Additional Liability
'10-9-5 Rights of Persons Without Notice Dealing with Slayer
'10-9-6 Record of Conviction as Evidence Against Claimant of Property
'10-9-7 Chapter to be Construed Broadly
TITLE 11: WORKERS= COMPENSATION CODE
CHAPTER 11-1: GENERAL PROVISIONS
§11-1-1 Purpose
§11-1-2 Limited Waiver Of Sovereign Immunity
§11-1-3 Administration
§11-1-4 Time Calculations
§11-1-5 Definitions
§11-1-6 Workers= Compensation Insurance Required
§11-1-7 Acknowledgment Of Provisions In This Title
§11-1-8 Posting Of Notice
§11-1-9 Notification To Employer Of Injury By Worker
§11-1-10 Time Limit For Reporting Incidents And Filing Claims
§11-1-11 Burden Of Proof
§11-1-12 Right To Waive Defenses
§11-1-13 Guardian For Minor Or Incompetent
CHAPTER 11-2: WORKERS= COMPENSATION ADVISORY COUNCIL
§11-2-1 Establishment.
§11-2-2 Membership
§11-2-3 Powers Of The Advisory Council
CHAPTER 11-3: DUTIES AND POWERS OF THE CLAIM ADMINISTRATOR
§11-3-1 Custodial Duties
§11-3-2 Payment And Distribution Of Benefits
§11-3-3 Additional Guidelines
§11-3-4 Administrative Powers And Duties
§11-3-5 Acceptance/Denial Of Claim
CHAPTER 11-4: COVERAGE AND COMPENSABILITY
§11-4-1 Entitlement To Benefits
§11-4-2 Mental Trauma
§11-4-3 Going To And Returning From Work
§11-4-4 Benefits Precluded By Neglect And/Or Refusal Of Worker To Submit To Treatment
§11-4-5 Injury Or Death From Consumption And/Or Application Of Drugs And/Or Chemicals
§11-4-6 Intoxication
§11-4-7 Penalties For False Statement Or Representation To Obtain Compensation
§11-4-8 Injuries Resulting From Self-Inflicted Injuries Or Willful Misconduct
§11-4-9 Recreational, Social Or Athletic Activities
§11-4-10 Injuries Caused By Third Parties
§11-4-11 Idiopathic Claims
§11-4-12 Other Limitations On Benefits
CHAPTER 11-5: GENERAL PROVISIONS REGARDING BENEFITS
§11-5-1 Right To Compensation And Medical Treatment Benefits
§11-5-2 Exclusive Remedy
§11-5-3 Effect Of Workers= Compensation Paid In Other Jurisdictions
§11-5-4 Liability Of Third Parties B Subrogation
§11-5-5 Assignability Of Benefits B Attachment Of Liens
§11-5-6 Aggravation Of Pre-Existing Disease Or Condition
§11-5-7 Presumptions Regarding Occupational Illness And Disease
§11-5-8 Termination Of Benefits Upon Death
CHAPTER 11-6: BENEFITS
§11-6-1 Vocational Rehabilitation
§11-6-2 Waiting Period
§11-6-3 Disability Benefits
§11-6-4 Impairment Benefits
§11-6-5 Benefit Issuance Period
CHAPTER 11-7: DEATH BENEFITS
§11-7-1 Distribution Of Death Benefits
§11-7-2 Redistribution Of Death Benefits
§11-7-3 Verification Of Eligibility For Death Benefits
§11-7-4 Burial Benefits
CHAPTER 11-8: MEDICAL BENEFITS
§11-8-1 Entitlement To Medical Benefits
§11-8-2 Employer=S Right To Select Doctor
§11-8-3 Release Of Medical-Related Information
§11-8-4 Medical Expenses
§11-8-5 Settlement Of Benefit Amounts
§11-8-6 Petition to Reopen Claim
CHAPTER 11-9: ADJUDICATION OF DISPUTES
§11-9-1 Appeals From Decisions Of The Claim Administrator
§11-9-2 Appeal Process
§11-9-3 Right To Representation
§11-9-4 Attorney Fees And Other Arbitration Costs
TITLE 12: BUSINESS CODE
CHAPTER 12-1: LIMITED LIABILITY COMPANIES
'12-1-1 Short Title
'12-1-2 Authority
'12-1-3 Purposes
'12-1-4 Applicability
'12-1-5 Rules of Construction
'12-1-6 Definitions
'12-1-7 Name
'12-1-8 Registered Office and Registered Agent
'12-1-9 Tribe as Member
'12-1-10 Nature of Business
'12-1-11 Documents
'12-1-12 Execution by Judicial Act
'12-1-13 Interstate Application
'12-1-14 Articles of Organization
'12-1-15 Agency Power of Members and Managers
'12-1-16 Admissions of Members and Managers
'12-1-17 Knowledge of or Notice to Member or Manager
'12-1-18 Liability of Members to Third Parties
'12-1-19 Parties to Action
'12-1-20 Authority to Sue
'12-1-21 Management
'12-1-22 Duties
'12-1-23 Limitation of Liability and Indemnification
'12-1-24 Voting
'12-1-25 Records and Information
'12-1-26 Admission of Members
'12-1-27 Dissociation
'12-1-28 Contributions
'12-1-29 Liability for Contribution
'12-1-30 Allocation of Profits and Losses
'12-1-31 Interim Distributions
'12-1-32 Allocation of Distributions
'12-1-33 Distribution Upon Partial Redemption
'12-1-34 Distribution Upon Dissociation
'12-1-35 Distribution in Kind
'12-1-36 Right to Distribution
'12-1-37 Limitations of Distributions
'12-1-38 Liability for Wrongful Distribution
'12-1-39 Ownership of LLC Property
'12-1-40 Transfer of Property
'12-1-41 Nature of Interest
'12-1-42 Assignment of LLC Interest
'12-1-43 Rights of Judgment Creditor
'12-1-44 Right of Assignee to Become a Member
'12-1-45 Powers of Legal Representative
'12-1-46 Dissolution
'12-1-47 Judicial Dissolution
'12-1-48 Winding Up
'12-1-49 Distribution of Assets
'12-1-50 Articles of Dissolution
'12-1-51 Known Claims Against Dissolved LLC
'12-1-52 Unknown or Contingent Claims
'12-1-53 Merger
'12-1-54 Approval of Merger
'12-1-55 Plan of Merger
'12-1-56 Articles of Merger
'12-1-57 Effects of Merger
'12-1-58 Right to Object
CHAPTER 12-2: NEZ PERCE TRIBE NONPROFIT CORPORATIONS CODE
'12-2-1 Title
'12-2-2 Purpose
'12-2-3 Definitions
'12-2-4 Purposes of a Nonprofit Corporation
'12-2-5 Incorporators
'12-2-6 Articles of Incorporation
'12-2-7 Corporate Name
'12-2-8 Corporate Capacity and Powers
'12-2-9 Filing of Articles
'12-2-10 Amendment of Articles
'12-2-11 Organizational Meeting
'12-2-12 Disposition of Assets
'12-2-13 General Corporate Laws Applicable
'12-2-14 Report to Board of Trustees
'12-2-15 Revocation
'12-2-16 Effective Date
'12-2-17 Provisions as Cumulative
'12-2-18 Severability
TITLE 13: NEZ PERCE TRIBE SOLID WASTE MANAGEMENT CODE
CHAPTER 13-1: AUTHORITY, PURPOSE, TITLE AND SCOPE
'13-1-1 Authority and Purpose
'13-1-2 Short Title
'13-1-3 Scope of Code
'13-1-4 Solid Waste Policies
'13-1-5 Sovereign Immunity
CHAPTER 13-2: DEFINITIONS
'13-2-1 Definitions
CHAPTER 13-3: SOLID WASTE CONTAINER SITES
'13-3-1 Container Sites
'13-3-2 Container Site Requirements
'13-3-3 Maintenance of Containers
'13-3-4 Container System Collection Schedule
'13-3-5 Limitation of Use of Container Sites
CHAPTER 13-4: SOLID WASTE COLLECTION SYSTEM
'13-4-1 Collection of Solid Waste
'13-4-2 Placement of Containers for Driveway to Driveway And/or Alley Collection Services
CHAPTER 13-5: LANDFILLS AND OTHER SOLID WASTE DISPOSAL FACILITIES/OPTIONS
'13-5-1 Designated Landfills, Inert and Municipal
'13-5-2 Land Spreading Disposal and Storage Pile
'13-5-3 Junkyard/Auto Wrecking/Salvage Yard
'13-5-4 Burning
'13-5-5 Other Facilities
CHAPTER 13-6: ACCUMULATION OF SOLID WASTE AND OTHER ISSUES
'13-6-1 Unlawful Accumulation of Solid Waste
'13-6-2 Accumulation of Garbage (Putrescible Waste
'13-6-3 Accumulation of Other Solid Waste
'13-6-4 Hazardous Materials
'13-6-5 Recycling, Composting, and Waste Reduction
'13-6-6 Animal and Game Waste
'13-6-7 Junk Cars And/or Abandoned Vehicles
'13-6-8 Street Sanitation (Cleaning
'13-6-9 Waste Tire Disposal
'13-6-10 Enforcement
'13-6-11 Illegal Tire Piles
CHAPTER 13-7: FUNDING OF MAINTENANCE AND OPERATION
'13-7-1 Solid Waste Accounts
'13-7-2 Qualifications for Circuit Breaker Program
'13-7-3 Sliding Scale for Circuit Breaker Program
'13-7-4 Billing Procedure
CHAPTER 13-8: CONTRACTS, MEMORANDUM OF AGREEMENTS, SEVERABILITY, ENFORCEMENT, AND EFFECTIVE DATE
'13-8-1 Contract Authorization
'13-8-2 Severability
'13-8-3 Violation of Ordinance
[Table of Contents created by NILL in February 2019, based on materials available on tribe's website.]