Nottawaseppi Huron Band of Potawatomi - Tribal Code
Table of Contents Updated: October 2014
The tribe makes their law and order code available online. The links below will take you to the tribal code at the tribe's website.
Table of Contents
TITLE I GOVERNMENT OPERATIONS
Chapter 01: Title I-01 Tribal Council ByLaws Amended February 16, 2012
Sec.1. Purpose
Sec.2. Definitions
Sec.3. Tribal Council Seats
Sec.4. Election of Tribal Council Officers
Sec.5. Duties of Officers and the Tribal Council
Sec.6. Duties and Responsibilities of Tribal Council Members
Sec.7. Meetings
Sec.8. Substantial Compliance
Sec.9. Repeal and Precedence
Sec.10. Severability
Sec.11. Amendments
Chapter 02: Title I-02 Government Records and Public Access to Government Records Code
Ch. 1: Purpose; Public Policy
Sec.1.01. Title and Codification
Sec.1.02. Authority
Sec.1.03. Purpose and Scope
Ch. 2: Definitions
Sec.2.01.Definitions
Ch. 3: Government Records Management
Sec.3.01.Tribal Council Responsibility
Sec.3.02. Establishment of Government Records Management Department
Sec.3.03. Duties of the Government Records Management Department
Sec.3.04. Duties and Responsibilities of Department Directors
Sec.3.05. Designation of Records Liaison Officers; Duties
Sec.3.06. Records Control Schedules; Approval
Sec.3.07. Implementation of Records Control Schedules; Destruction of Records
Sec.3.08. Destruction of Unscheduled Records
Sec.3.09. Records Retention Center
Sec.3.10. Tribal Records Declared to be Tribal Property; Accounting
Ch. 4: Access to Records
Sec.4.01. General Policy
Sec.4.02. Records Exempt from Public Disclosure
Sec.4.03. Special Provisions Concerning Access to Police Records
Sec.4.04. Special Provisions Regarding Medical Health and Behavioral Service Records
Sec.4.05. Tribal Records are not Federal Records
Sec.4.06. Public Request for Tribal Records
Sec.4.07. Appeal of Denial of all or Portion of Record Request
Sec.4.08. Appeal to Tribal Court
Ch. 5: Fees
Sec.5.01. Fees for Reproduction and Dissemination Costs
Ch. 6: Repeal of Prior Acts
TITLE II MEMBERSHIP
Chapter 01: Title II-01 Enrollment Code 9.18.2014
Resolution No. 09-18-14-07
Article I: Title; Purpose; Authority; Severability; Repeal
Sec.1.01. Short Title
Sec.1.02. Purpose and Authority
Sec.1.03. Severability
Sec.1.04. Repeal of Prior Enrollment Codes
Sec.1.05. Ratification of Prior Enrollment Decisions
Sec.1.06. Adoption
Article II: Definitions
Sec.2.01. General
Sec.2.02. Applicant
Sec.2.03. Clear and Convincing Proof
Sec.2.04. Disenrollment
Sec.2.05. DNA
Sec.2.06. Enrollment Committee
Sec.2.07. Enrollment Office
Sec.2.08. Lineal Descendant
Sec.2.09. Records or Enrollment Files
Sec.2.10. Relinquishment
Article III: Persons Entitled to Membership
Sec.3.01. Eligibility for Membership
Article IV: Enrollment Procedure
Sec.4.01. Application Forms; Application Signature Required
Sec.4.02. Burden of Proof
Sec.4.03. Documentary Evidence; Evidentiary Standards
Sec.4.04. Review and Preliminary Decision by the Enrollment Committee
Sec.4.05. Administrative Reconsideration by Enrollment Committee
Sec.4.06. Final Approval; Action by the Tribal Council
Sec.4.07. Approved Applicants
Article V: Enrollment Committee
Sec.5.01. Creation
Article VI: Maintenance of Membership Roll
Sec.6.01. General
Sec.6.02. Updating Records
Sec.6.03. No Waiver; Closing of the Membership Roll Authorized
Article VII: Disenrollment
Sec.7.01. Grounds for Disenrollment
Sec.7.02. Mistake of Fact Procedure
Sec.7.03. Procedure for Disenrollment
Article VIII: Relinquishment of Membership
Sec.8.01. Relinquishment Procedure
Article IX: Appeal of Enrollment Decisions to Tribal Court
Sec.9.01. Appeal to Tribal Court
Sec.9.02. Right to Appeal
Sec.9.03. Burden of Proof on Appeal
Sec.9.04. Deadline to Appeal
Sec.9.05. Extension
Sec.9.06. Examination of the Record; Request for Briefs
Sec.9.07. Issues which can be Appealed
Sec.9.08. Tribal Court Decision
Article X: Confidentiality
Sec.10.01. Use of Information; Advice to Individuals
Sec.10.02. Conduct of Employees
Sec.10.03. Disclosure of Records
Sec.10.04. Accounting for Disclosures; Access to Records
Article XI: Digital Copy of Enrollment Records; Securing of Enrollment Records
Sec.11.01. Securing Records
Article XII: Adoption of Persons into the Tribe
Sec.12.01. Authority
Sec.12.02. Application for Adoption
Sec.12.03. Process
Article XIII: Civil and Criminal Penalties
Sec.13.01. Criminal and Civil Penalties
Article XIV: Fees
Sec.14.01. Fees for Reproduction and Dissemination Costs
Chapter 02: Title II-02 Bereavement Benefit Program
Sec.1. Creation of Nottawaseppi Huron Band Bereavement Benefit
Sec.2. Adoption; Amendment; Repeal; Severability
Sec.3. Definitions
Sec.4. Amount of Benefit
Sec.5. Eligibility
Sec.6. Designation of Beneficiary
TITLE III ELECTIONS
Chapter 01: Title III-01 Election Code Amended September 20, 2012
Ch. 1: Title, Purpose, and Authority
Sec.1.1. Title
Sec.1.2. Purpose
Sec.1.3. Authority
Ch. 2: Eligible Voters and Candidates
Sec.2.1. Eligible Voters
Sec.2.2. Candidates Eligibility
Sec.2.3. Candidacy Declaration Process for Tribal Council
Sec.2.4. Certificate of Candidacy
Sec.2.5. Candidates and Campaigning
Sec.2.6. Campaign Finances
Ch. 3: Election Board
Sec.3.1. Appointment and Term
Sec.3.2. Officers and Duties
Sec.3.3. Board Duties
Ch. 4: Announcement for Regular and Special
Sec.4.1. Initial Notice of Election
Sec.4.2. Election Announcement
Sec.4.3. Final Notice of Election
Sec.4.4. Timeline of Events for the General Election
Ch. 5: Ballots
Sec.5.1. Ballots
Sec.5.2. Casting Ballots
Sec.5.3. Spoiled Ballots
Sec.5.4. Absentee Ballots
Sec.5.5. Delivery of Absentee Ballots
Sec.5.6. Emergency Absentee Ballots
Sec.5.7. Cut-Off Date for Return of Absentee Ballots
Sec.5.8. Record of Absentee Ballots
Sec.5.9. Absentee Voter who Seek to Vote in Person
Sec.5.10. Handling Absentee Ballots
Sec.5.11. Counting of Absentee Ballots
Sec.5.12. Counting Ballots
Sec.5.13. Destruction of Ballots
Ch. 6: Polling Places, Times and Regulations
Sec.6.1. Polling Places and Times
Sec.6.2. Polling Regulations
Ch. 7: Prohibited Conduct
Sec.7.1. Violation as Crime
Ch.8: Election to Office
Sec.8.1. Election to Office
Ch.9: Certifying the Vote
Sec.9.1. Certifying the Vote
Sec.9.2. Certifying the Election Results
Ch. 10: Election Challenges
Sec.10.1. Challenges
Sec.10.2. Decision
Sec.10.3. Impartiality
Sec.10.4. Finality
Sec.10.5. Upheld Challenges
Ch. 11: Initiatives and Referendums
Sec.11.1. Initiatives
Sec.11.2. Referendum and/or Initiative Procedures
Ch. 12: Ties
Ch. 13: Transfers of Property
Ch. 14: Election Oaths
Ch. 15: Request for Information Procedures
Ch. 16: Severability
TITLE IV ECONOMIC DEVELOPMENT
Chapter 01: Title IV-01 Secured Transactions Ordinance
Sec.1. Title and Purpose
Sec.2. Definitions
Sec.3. Scope
Sec.4. Laws Applicable to Security Interests
Sec.5. Amendment
Sec.6. Effective Date and Repealer
Sec.7. No Waiver of Immunity
Chapter 02: Title IV-02 NHBP LLC Code
Ch. 1: General Provisions
Sec.1.1. Short Title
Sec.1.2. Authority, Purposes, Sovereign Immunity
Sec.1.3. Scope
Sec.1.4. Applicable Law
Sec.1.5. Definitions
Sec.1.6. Name
Sec.1.7. Registered Office and Registered Agent
Sec.1.8. Band as Owner
Sec.1.9. Nature of Business
Sec.1.10. Execution of Documents
Sec.1.11. Filing
Sec.1.12. Certificate of Status
Sec.1.13. Execution by Judicial Act
Sec.1.14. Interstate Application
Ch. 2: Operating Agreement and Dealing with LLC
Sec.2.1. Articles of Organization
Sec.2.2. Agency Power of Owners and Managers
Sec.2.3. Admissions of Owner and Managers
Sec.2.4. Knowledge of or Notice to Owner or Manager
Sec.2.5. Liability of Owners to Third Parties
Sec.2.6. Parties to Action
Sec.2.7. Authority to Sue
Ch. 3: Owners and Managers
Sec.3.1. Management
Sec.3.2. Duties
Sec.3.3. Limitation of Liability and Indemnification
Sec.3.4. Voting
Sec.3.5. Records and Information
Sec.3.6. Admission of Owners
Sec.3.7. Dissociation
Ch. 4: Finance
Sec.4.1. Contributions
Sec.4.2. Liability for Contribution
Sec.4.3. Allocation of Profits and Losses
Ch. 5: Non-Liquidating
Sec.5.1. Interim Distributions
Sec.5.2. Allocation of Distributions
Sec.5.3. Distribution upon Partial Redemption
Sec.5.4. Distribution upon Dissociation
Sec.5.5. Distribution in Kind
Sec.5.6. Right to Distribution
Sec.5.7. Limitations of Distributions
Sec.5.8. Liability for Wrongful Distribution
Ch. 6: Ownership and Transfer of Property
Sec.6.1. Ownership of LLC Property
Sec.6.2. Transfer of Property
Sec.6.3. Nature of Interest
Sec.6.4. Assignment of LLC Interest
Sec.6.5. Rights of Judgment Creditor
Sec.6.6. Rights of Assignee to Become an Owner
Sec.6.7. Powers of Legal Representative
Ch. 7: Dissolution
Sec.7.1. Dissolution
Sec.7.2. Judicial Dissolution
Sec.7.3. Winding up
Sec.7.4. Distribution of Assets
Sec.7.5. Articles of Dissolution
Sec.7.6. Known Claims against Dissolved LLC
Sec.7.7. Unknown or Contingent Claims
Ch. 8: Merger
Sec.8.1. Definitions
Sec.8.2. Merger
Sec.8.3. Approval of Merger
Sec.8.4. Plan of Merger
Sec.8.5. Articles of Merger
Sec.8.6. Effects of Merger
Sec.8.7. Right to Object
Ch. 9: Limited Liability Companies Wholly Owned by the Band
Sec.9.1. General Provisions for Tribally-Owned LLC s
Sec.9.2. Special Formation Requirements for Tribally-Owned LLC s
Sec.9.3. Management of Tribally-Owned LLC s
Sec.9.4. Decisions and Voting for Tribally-Owned LLC s
Sec.9.5. Distributions for Tribally-Owned LLC s
Sec.9.6. Additional Reports and Audits
Sec.9.7. Actions Against Tribally-Owned LLC s
Ch. 10: Effective Date and Authority
Sec.10.1. Severability; Effect of Invalidity of Part of this Code
Sec.10.2. Effective Date
Sec.10.3. Authority
Sec.10.4. No Impairment of Contracts
Sec.10.5. Fees for Filing Documents and Issuing Certifications
Sec.10.6. Certificates and Certified Copies to be Received into Evidence
Sec.10.7. Forms to be Furnished by the Tribal Council Secretary
TITLE V EMPLOYMENT
Chapter 01: Title V-01 Indian Preference in Employment Code Amended December 2010
Article I: General Provisions
Sec.1.01. Title
Sec.1.02. Purpose
Sec.1.03. Severability
Article II: Definitions
Sec.2.01. Definitions
Article III: Implementation of Indian Preference in Employment
Sec.3.01. Indian Preference in Employment General
Sec.3.02. Preferences Granted
Sec.3.03. Application of Code
Sec.3.04. Job Descriptions
Article IV: Procedures for Claims Alleging Violations of this Code
Sec.4.01. Exhaustion of Administrative Remedies Required
Sec.4.02. Actions Filed by Complainants
Sec.4.03. Statute of Limitations
Sec.4.04. Remedies
Sec.4.05. Attorneys Fees and Costs
Sec.4.06. Waiver of Sovereign Immunity
Sec.4.07. Enforcement Actions by Tribe
Article V: Reporting and Certification of Compliance
Sec.5.01. Reporting
Sec.5.02. Certifications
Chapter 02: Title V-02 Fair Tribal Employment Practices Code
Article I: Title; Declaration of Policy; Purpose
Sec.1.01. Title
Sec.1.02. Declaration of Policy
Sec.1.03. Purposes
Article II: Definitions
Sec.2.01. Definitions
Article III: Unlawful Discrimination
Sec.3.01. Unlawful Employment Discrimination Prohibited; General Rule
Sec.3.02. Unlawful Discrimination against Qualified Individuals with a Disability
Sec.3.03. Unlawful Employment Discrimination on the Basis of Pregnancy
Sec.3.04. Unlawful Employment Discrimination by Imposing a Mandatory Retirement Age
Sec.3.05. Unlawful Employment Discrimination against “Whistleblowers”
Sec.3.06. Unlawful Employment Discrimination against Retaliation
Sec.3.07. Proof of Actions not Constituting Unlawful Discrimination
Sec.3.08. Actions not Constituting Unlawful Employment Discrimination
Article IV: Procedures of Claims Alleging Violations of this Code
Sec.4.01. Exhaustion of Administrative Remedies Required
Sec.4.02. Actions Filed by Complainants
Sec.4.03. Statute of Limitation
Sec.4.04. Remedies
Sec.4.05. Attorneys’ Fees and Costs
Sec.4.06. Waiver of Sovereign Immunity
Sec.4.07. Persuasive Authority
Article V: Policy and Training Requirement Addressing Unlawful Discrimination & Sexual Harassment
Sec.5.01. Employer Responsibilities
Article VI: Employment Leave
Sec.6.01. Family Medical Leave Protection
Sec.6.02. Employee Benefits Protection
Sec.6.03. Effect on Existing Employee Benefits
Sec.6.04. Prohibited Acts
Sec.6.05. Judicial Enforcement
Sec.6.06. Waiver of Sovereign Immunity
Article VII: Employment Leave for Members of Armed Forces or Reserve Components of Armed Forces [RESERVED]
Article VIII: Employment Leave for Victims of Violence
Sec.8.01. Required Leave
Sec.8.02. Definitions
Sec.8.03. Exceptions
Sec.8.04. Confidentiality
Sec.8.05. Judicial Enforcement
Sec.8.06. Waiver of Sovereign Immunity
Article IX: Miscellaneous Employment Laws
Sec.901. Employee Wages and Hours
Sec.902. Occupational Health and Safety Standards
Article X: Employment of Minors [RESERVED]
Article XI: Workers Compensation [RESERVED]
Article XII: Unemployment Insurance [RESERVED]
Chapter 03: Title V-03 Labor Relations Code
Preamble
Article I: Authority
Article II: Purpose
Article III: Labor Relations Policy
Article IV: Definitions
Article V: Time Calculations
Article VI: Freedom of Choice Guaranteed
Sec.6.01. No Employee or Prospective Employee Shall be Required to do Any of the Following:
Sec.6.02. Unlawful Threats or Intimidation of an Employee or Prospective Employee
Sec.6.03. Rights of Employees Guaranteed by the Provisions of This Code
Sec.6.04. Tribal Court
Article VII: Strikes Affecting the Governmental Operations and/or Operations of the Tribe Prohibited
Sec.7.01. Declaration and Findings
Sec.7.02. No Right to Strike
Sec.7.03. Strikes Prohibited
Article VIII: Lock Outs Prohibited
Sec.8.01. Tribal Employers Protecting Peace, Safety and General Welfare for Employees
Article IX: Licensing and Registration of Labor Organizations
Sec.9.01. Licensing Required
Sec.9.02. Initial Filing of License Application
Sec.9.03. Condition of License
Article X: Union Elections
Sec.10.01. Petition for Election
Sec.10.02. Receipt of Petition for Election
Sec.10.03. Hearings
Sec.10.04. Determination of the Appropriateness of Bargaining Unit
Sec.10.05. Limitation on Petitions
Sec.10.06. Secret Ballot Election
Sec.10.07. Election Result and Appeal
Sec.10.08. Filing Objections with Election Official Within Ten (10) Days After Election
Sec.10.09. Evidentiary Hearing
Sec.10.10. Appeals
Sec.10.11. Time Limitation
Sec.10.12. Guards or Other Security Personnel
Article XI: Duty to Bargain in Good Faith
Sec.11.01. Bargaining
Article XII: Unfair Labor Practices
Sec.12.01. A Tribal Employer Shall Not:
Sec.12.02. A Labor Organization Shall Not:
Sec.12.03. Free Speech
Article XIII: Resolution of Unfair Labor Practice Charges
Sec.13.01. Arbitration
Sec.13.02. Judicial Review
Sec.13.03. Tribal Court
Article XIV: Resolution of Bargaining Impasse
Sec.14.01. Subjects Not within Procedures for Resolving Bargaining Impasse
Sec.14.02. Mediation
Sec.14.03. Costs of Impasse Resolution Proceedings
Sec.14.04. Status of Terms and Conditions of Employment Pending Impasse Resolution
Article XV: Duration of Collective Bargaining Agreements for Tribal Employees
Sec.15.01. Terms of Three (3) Years or Less
Article XVI: Decertification of Exclusive Representative
Sec.16.01. Written Request to the Neutral Election Official for a Decertification Election
Sec.16.02. Time Restraint on Request for a Decertification with Bargaining Agreement in Effect
Sec.16.03. Time Restraint on Request for a Decertification with No Bargaining Agreement in Effect
Article XVII: Matters not Subject to Collective Bargaining
Sec.17.01. Prohibition of Collective Bargaining Affecting Alcohol and Drug Testing Policies
Sec.17.02. Gaming Regulations
Sec.17.03. Indian or Tribal Preference
Sec.17.04. Employee Freedom of Choice
Article XVIII: Conflicts Between Collective Bargaining Agreements and Personnel Policies
Sec.18.01. Labor Organization Control
Article XIX: Enforcement
Sec.19.01. Strikes: Civil Actions, Penalties, Decertification and Exclusion
Sec.19.02. Lock Outs: Civil Actions
Sec.19.03. Licenses: Civil Actions, Penalties, Exclusions
Sec.19.04. Tribal Court Jurisdiction
Chapter 04: Title V-04 Indian Preference in Contracting Code
Ch. 1: General Provisions
Sec.1.01. Title
Sec.1.02. Purpose
Sec.1.03. Severability
Sec.1.04. Effective Date
Ch. 2: Definitions
Sec.2.01. Definitions
Ch. 3: Indian Preference and Priority in Contracting and Subcontracting
Sec.3.01. Indian Preference
Sec.3.02. Priority in Contracting and Subcontracting
Sec.3.03. Application of Preference in Contracting and Subcontracting Decisions
Sec.3.04. Applications of Preference Not Feasible; Limits on Application of Preference
Sec.3.05. Technical Qualifications
Ch. 4: Indian Preference Officer
Sec.4.01. Establishment
Sec.4.02. Enforcement by Indian Preference Officer
Sec.4.03. Complaints by Certified Preference Businesses
Sec.4.04. Request for Review by Indian Preference Officer
Ch. 5: Appeal to the Tribal Court
Sec.5.01. Appeal to the Tribal Court
Sec.5.02. Request for Appeal; Deadline to Appeal
Sec.5.03. Record on Appeal
Sec.5.04. Stay
Sec.5.05. Tribal Court Decision
Sec.5.06. Finality
Ch. 6: Indian Business Certification
Sec.6.01. Application Process for Certification as an Indian-Owned Business
Sec.6.02. Documentation Required
Sec.6.03. Joint Ventures
Sec.6.04. Standards for Certification as a Preference Qualified Business
Sec.6.05. Renewal of Certification
Ch.7: Conflict of Interest
Sec.7.01. Conflict of Interest
Sec.7.02. Prohibition Against Contingent Fees
Sec.7.03. Post-Employment Prohibition
TITLE VI ENVIRONMENT
Chapter 01: Title VI-01 Hunting and Trapping Code
Article 1: General Provisions
Sec.1.01. Title
Sec.1.02. Purposes
Sec.1.03. Severability
Sec.1.04. Effective Date
Sec.1.05. Interpretation
Sec.1.06. Non-Liability; Sovereign Immunity Preserved
Article 2: Definitions
Sec.2.01. Definitions
Article 3: Hunting and Trapping Regulations
Sec.3.01. Adoption of 2009 Michigan Hunting and Trapping Guide
Sec.3.02. License and Permit Required
Sec.3.03. Regulations Applicable to Hunting/Trapping on Tribal Lands
Sec.3.04. Designation of Hunting Units on Tribal Lands
Sec.3.05. Revocation of Hunting and Trapping Privileges
Sec.3.06. Prohibited Conduct; Violations
Sec.3.07. Enforcement and Penalties
Chapter 02: Title VI-02 Sediment Control Ordinance
Sec.1.01. Introduction/Purpose
Sec.1.02. Definitions
Sec.1.03. Permits
Sec.1.04. Erosion and Sediment Control Plan
Sec.1.05. Review and Approval
Sec.1.06. Inspection
Sec.1.07. Enforcement
Sec.1.08. Severability
Sec.1.09. Effective Date
Chapter 03: Title VI-03 Solid Waste Disposal Ordinance
Sec.1. Introduction/Purpose
Sec.2. Definitions
Sec.3. Applicability
Sec.4. Solid Waste Disposal
Sec.5. Solid Waste Recycling and Reduction
Sec.6. Solid Waste Collection Transport
Sec.7. Enforcement
Sec.8. Administration
Sec.9. Limitations
Sec.10. Severability and Non-Liability
Sec.11. Effective Date
TITLE VII FAMILY
Chapter 01: Title VII-01 Elderly Protection Code
Ch. 1: Purpose and Definitions
Sec.101. Purpose
Sec.102. Definitions
Ch. 2: EPT Investigations
Sec.201. EPT Investigation
Sec.202. Provision of Protective Services
Sec.203. Consent to Protective Services
Sec.204. Reports to the Tribal Prosecutor
Ch. 3: Petition for Protective Services
Sec.301. Petition to Court for Emergency Protective Services
Sec.302. Rights to the Elderly Person
Sec.303. Hearing-Determination by the Court
Sec.304. Elder Protection Order
Sec.305. Duration of the Elderly Protection Order
Ch. 4: Recordkeeping and Access to Records
Sec.401. EPT Records
Sec.402. Confidentiality
Chapter 02: Title VII-02 Guardianship and Conservatorship Code
Ch. 1: Purpose; Grounds; and Standing
Sec.101. Purpose
Sec.102. Definitions
Sec.103. Types of Guardianship
Sec.104. Consent to Service by Acceptance Appointment
Sec.105. Grounds for Appointment of Guardian/Conservator
Sec.106. Standings to File Petition
Ch. 2: Contents of Petition; Notice and Reports
Sec.201. Contents of Guardianship Petition
Sec.202. Notice of Petition Filing
Sec.203. Guardianship Reports
Sec.204. Duration of Appointments
Ch. 3: Powers and Duties; Liability
Sec.301. Powers and Duties of a Guardian of the Adult
Sec.302. Powers and Duties of Guardian of the Child
Sec.303. Powers and Duties of Conservator of the Estate
Sec.304. Liability of Guardian of the Adult/Child
Ch. 4: Conservatorship
Sec.401. Appointment of Conservator
Sec.402. Bond of Conservator of the Estate
Ch. 5: Reimbursement
Sec.501. Reimbursement of Guardian for Expenses
Sec.502. Reimbursement of Guardian by the Tribe
Ch. 6: Resignation/Removal of Guardian
Sec.601. Resignation of Guardian
Sec.602. Removal of Guardian
Sec.603. Appointment of Successor Guardian
Chapter 03: Title VII-03 Juvenile Justice Code
Ch. 1: Short Title
Ch. 2: Purpose and Goals
Sec.201. Purpose
Sec.202. Goals
Ch. 3: Bode wadmi Traditions and Values
Sec.301. Custom and Tradition Policy
Sec.302. Children/Youth of the Tribe
Sec.303. Noeg Meshomsenanek Kenomagewenen Seven Grandfather Teachings
Ch. 4: Definitions
Sec.401. Definitions as Used in This Code
Ch. 5: Jurisdictions
Sec.501. Juvenile Court
Sec.502. Rules of Procedure
Sec.503. Subject Matter Jurisdiction
Sec.504. Continuing Jurisdiction of the Juvenile Court
Sec.505. Persons Subject to Jurisdiction of the Juvenile Court
Ch. 6: Transfer of State Court Proceedings
Sec.601. Notice of Transfer Decisions
Sec.602. Transfer of Jurisdiction to Other Courts
Ch. 7: Juvenile Justice Procedures
Sec.701. Case Intake Team (CIT) - Membership
Sec.702. Non-Tribal/Service Procedures
Sec.703. Confidentiality of CIT Meetings
Sec.704. Voting
Sec.705. Duties of the CIT
Sec.706. CIT Facilitation Services
Sec.707. CIT Assessment
Sec.708. Review
Sec.709. Sex Offender Registration and Notification Code
Sec.710. Victims Rights
Sec.711. Juveniles Rights in Diversion
Ch. 8: Filing of Petition
Sec.801. Authorization to File Petition
Sec.802. Contents of Petition
Sec.803. Dismissal of Petition
Sec.804. Notice of Service of Summons General
Sec.805. Summons
Sec.806. Contents of Summons
Sec.807. Manner of Serving Summons
Sec.808. Time of Service
Ch. 9: Hearings in General
Sec.901. Notice of Hearing; Persons Entitled to Notice from the Court
Sec.902. General
Sec.903. Subpoenas
Sec.904. Waiver of Notice
Sec.905. Subsequent Notices
Sec.906. Recording
Ch. 10: Preliminary Hearings
Sec.1001. Preliminary Hearing; Emergency Removal
Sec.1002. Time Period Within Which Preliminary Hearing Must be Held
Sec.1003. Preliminary Hearings Procedures; Purpose
Ch. 11: Adjudication Hearing
Sec.1101. Purpose
Sec.1102. Hearing
Sec.1103. Continuances
Sec.1104. Plea of Admission or No Contest
Sec.1105. Rights of Juvenile
Ch. 12: Evidence
Sec.1201. Introduction of Evidence
Sec.1202. Admissibility
Sec.1203. Privilege
Ch. 13: Disposition Hearing
Sec.1301. General
Sec.1302. Dispositional Court Report
Sec.1303. Disposition Alternatives
Ch. 14: Placement
Sec.1401. Least Restrictive Setting
Sec.1402. Placement Priorities
Sec.1403. Adult Detention Facility
Ch. 15: Disposition Review Hearing
Sec.1501. Time Frame
Sec.1502. Notice
Sec.1503. Matters Subject to Review Hearing
Sec.1504. Action Following Review Hearing
Sec.1505. Review Hearing Regarding Juvenile in Placement
Sec.1506. Modification of Disposition Order
Ch. 16: Peacekeeping
Sec.1601. Peacekeeping Program
Ch. 17: Authorization of Medical Treatment
Sec.1701. Conditions Under Which the Court May Authorize Medical Treatment
Sec.1702. Authorization Types
Ch. 18: Rehearing
Sec.1801. General
Sec.1802. Time and Grounds
Sec.1803. Notice
Sec.1804. Response
Sec.1805. Procedure
Sec.1806. Hearings
Sec.1807. Stay
Ch. 19: Appeals from the Juvenile Division of the Tribal Court
Sec.1901. General
Sec.1902. Who can Appeal
Sec.1903. Time Limit for Appeal
Sec.1904. Review Standard
Sec.1905. Record
Sec.1906. Stay
TITLE VIII JUDICIARY; LAW AND ORDER
Chapter 01: Title VIII-01 Foreign Judgments
Resolution No. 05-01-08-04 Authorizing Enforcement of Foreign Court Orders Relating to FireKeepers Casino FF&E Financing
Chapter 02: Title VIII-02 Implementing Procedures (FDA Financing)
Resolution No. 03-29-12-01 Authorizing Enforcement of Foreign Court Orders Relating to the Senior Secured Credit Facilities Extended to FireKeepers Development Authority; Amendment to Recognition and Enforcement of Foreign Judgments Ordinance
Chapter 03: Title VIII-03 Arbitration Ordinance
Resolution No. 05-01-08-06 Amending the Arbitration Ordinance
Sec.1. Title
Sec.2. Scope of Ordinance
Sec.3. Agreements to Arbitrate are Enforceable
Sec.4. Law to be Applied
Sec.5. Stay of Proceedings and Order to Proceed with Arbitration
Sec.6. Advice of the Court
Sec.7. Time Within Which Award Shall be Rendered
Sec.8. Application for Order Confirming Award; Record to be Filed with Clerk of Court; Effect and Enforcement of Judgment
Sec.9. Arbitration Award Not Appealable
Sec.10. Jurisdiction of the Tribal Court in Actions to which the Tribe is a Party
Sec.11. Jurisdiction of the Tribal Court in Actions to which the Tribe is a Party
Sec.12. Severability
Sec.13. No Waiver of Sovereign Immunity
Chapter 04: Title VIII-04 Liquor Ordinance
Sec.101. Conformity with State Law and This Ordinance
Sec.102. Definitions
Sec.103. Tribal License or Permit Required
Sec.104. Application for Tribal Liquor License; Requirements
Sec.105. Hearing on Application for Tribal Liquor License
Sec.106. Conditions of the Tribal License
Sec.107. License Not a Property Right
Sec.108. Assignment or Transfer
Sec.109. Cancellation and Suspension
Sec.110. Incorporation of Michigan Laws by Reference
Sec.111. General Penalties
Sec.112. Initiation of Action
Sec.113. Regulations
Notice of Application for Retail Alcoholic Beverages License (or Other Purpose)
Chapter 05: Title VIII-05 Amended and Restated Gaming Regulatory Act of 2010
Ch. 1: Purpose; Public Policy; Authorized Gaming
Sec.1.01. Short Title
Sec.1.02. Purpose and Authority
Sec.1.03. Public Policy
Sec.1.04. Adoption; Repealer
Sec.1.05. Severability
Sec.1.06. Unauthorized Gaming
Sec.1.07. Conduct of Games
Sec.1.08. Permitted Gaming
Sec.1.09. Location of Gaming
Sec.1.10. Ownership of Gaming
Sec.1.11. Use of Gaming Revenue
Ch. 2: Definitions
Sec.2.01. Definitions
Ch. 3: Establishment, Administration & Powers of Commission
Sec.3.01. Establishment of Gaming Commission
Sec.3.02. Governmental Attributes of the Commission
Sec.3.03. Delegation of Regulatory Authority
Sec.3.04. Independence of Commission
Sec.3.05. Commission Funding
Sec.3.06. Composition of Commission
Sec.3.07. Qualifications; Appointment of Commissioners
Sec.3.08. Term of Office
Sec.3.09. Hold-Over Policy
Sec.3.10. Resignation
Sec.3.11. Removal
Sec.3.12. Vacancies; Appointment to Fill Vacancy
Sec.3.13. Ethics Requirement for Commissioners
Sec.3.14. Compensation of Commissioners
Sec.3.15. Powers and Duties of the Commission
Sec.3.16. Commission Meetings
Sec.3.17. Quorum
Sec.3.18. Officers
Sec.3.19. Commission Officers
Sec.3.20. Commission Record-Keeping
Sec.3.21. Reports
Ch. 4: Executive Director; Organization of the Commission
Sec.4.01. Executive Director: Appointment; Qualifications; Removal and Suspension
Sec.4.02. Commission Departments
Sec.4.03. Powers and Duties of the Executive Director
Ch. 5: Licensing; General Provisions
Sec.5.01. Licenses Required
Sec.5.02. Authority to Require Licensing of Other Persons
Sec.5.03. Gaming Establishment License
Sec.5.04. Management Contractor s License
Sec.5.05. Employees of a Gaming Operation
Sec.5.06. Supplier of Gaming Goods or Services
Sec.5.07. General Rights and Duties of Applicants
Sec.5.08. Withdrawal of License Application
Sec.5.09. Right to Condition License
Sec.5.10. Term of License
Sec.5.11. License Fees
Ch. 6: Licensing of Gaming Establishments
Sec.6.01. License Required
Sec.6.02. License Application Fees
Sec.6.03. Facilities Gaming Application Procedures
Sec.6.04. Threshold Criteria that Must be Met by Gaming Establishments
Sec.6.05. Facilities Gaming License Application Procedures
Sec.6.06. Conditions Applicable to a Facilities Gaming License
Sec.6.07. Term of License
Sec.6.08. Posting of Licenses
Sec.6.09. Gaming Facility License Renewals
Ch. 7: Licensing of Primary Management Officials, Key Employees & Work Permit Employees of Gaming Operations
Sec.7.01. Application for a Gaming Employee License
Sec.7.02. Burden of Proof
Sec.7.03. Background Investigation
Sec.7.04. Standards for Issuance of a Gaming Employee License
Sec.7.05. Temporary License
Sec.7.06. Action of Applications for a Gaming Employee License; Preliminary Determinations
Sec.7.07. Final Approval of a Gaming License
Sec.7.08. Denial of License
Sec.7.09. Licensing Period
Sec.7.10. Renewals
Sec.7.11. Disclosure of Applicant and Licensee Information and Documents
Sec.7.12. Suspension or Revocation of a License
Sec.7.13. Show Cause Hearing for Manager and Primary Management Officials
Sec.7.14. Requirements Regarding Files
Ch. 8: Licensing of Vendors of Gaming Goods or Services
Sec.8.01. Licensing of Vendors of Gaming Goods or Services
Sec.8.02. Requirements for Gaming Vendors License
Sec.8.03. Application for Gaming Vendors License
Sec.8.04. Background Investigation
Sec.8.05. Licensing Standards
Sec.8.06. Action on Applications for Gaming Vendors; Preliminary Determinations
Sec.8.07. Denial of License
Sec.8.08. Terms of License
Sec.8.09. Renewals
Sec.8.10. Suspension; Summary Suspension; Revocation of Gaming Vendors
Sec.8.11. Requirements Regarding Files
Sec.8.12. Temporary Licenses
Ch. 9: Regulation of Gaming-Related Activities
Sec.9.01. Tribal Minimum Internal Control Standards
Sec.9.02. System of Internal Control Standards for Gaming Operations
Sec.9.03. Minimum Procedures for Control of Internal Fiscal Affairs
Sec.9.04. Oversight of Internal Fiscal Affairs
Sec.9.05. Complimentary Items
Sec.9.06. Certification of Gaming Devices
Sec.9.07. Prohibition Against Electronic Aids
Sec.9.08. Prohibition Against Embezzlement
Sec.9.09. Security and Surveillance
Sec.9.10. Weapons in Gaming Establishments
Sec.9.11. Compliance with Laws to Protect the Environment, Public Health, and Safety
Sec.9.12. Unclaimed Winnings
Sec.9.13. Resolution of Disputes Between the Gaming Public and the Gaming Operation
Sec.9.14. Excluded Persons
Ch. 10: Rules of Procedure for Hearings
Sec.10.01. Scope of Rules of Procedure
Sec.10.02. Hearings
Sec.10.03. Notice of Hearings
Sec.10.04. Ex Parte Communications
Sec.10.05. Appearance Through Counsel
Sec.10.06. Discovery Procedures for Enforcement Hearings
Sec.10.07. Confidential Materials
Sec.10.08. Subpoenas
Sec.10.09. Hearing Procedures
Sec.10.10. Evidence
Sec.10.11. Commission Decisions
Sec.10.12. Sanctions
Ch. 11: Appeals
Sec.11.01. Right of Appeal; Appeals Procedures
Sec.11.02. Right to Appeal Adverse Commission Decisions Through the Tribal Court
Sec.11.03. Limited Waiver of Sovereign Immunity of the Commission
Ch. 12: Prohibited Acts; Schedule of Offenses; Penalties
Sec.12.01. Prohibition Against Certain Individuals
Sec.12.02. Prohibited Acts
Sec.12.03. Enforcement
Chapter 06: Title VIII-06 Law and Order Code
Part 1: Jurisdiction
Sec.101. Tribe s Criminal Jurisdiction
Part 2: General Provisions
Sec.201. Definitions
Sec.202. Criminal Offenses Shall be Based on Voluntary Conduct
Sec.203. Burden of Proof
Sec.204. Defenses
Sec.205. Solicitation and Complicity
Sec.206. Attempt
Sec.207. Multiple Counts
Part 3: Offenses Against a Person
Sec.301. Simple Assault
Sec.302. Aggravated Assault
Sec.303. Harassment
Sec.304. Stalking
Sec.305. Murder
Sec.306. Manslaughter
Sec.307. Negligent Homicide
Sec.308. Kidnapping
Part 4: Breach of the Peace
Sec.401. Disorderly Conduct
Part 5: Property Related Offenses
Sec.501. Arson
Sec.502. Robbery
Sec.503. Burglary
Sec.504. Theft
Sec.505. Destruction of Property
Sec.506. Criminal Trespass
Sec.507. Littering
Sec.508. Causing or Maintaining a Public Nuisance
Part 6: Forgery and Related Offenses
Sec.601. Forgery
Sec.602. Passing Bad Checks
Part 7: Weapons and Related Offenses
Sec.701. Definitions
Sec.702. Unlawful Use or Possession of a Weapon
Sec.703. Carrying Concealed Weapon
Sec.704. Carrying Concealed Weapon in a Prohibited Place
Sec.705. Forfeiture of a Weapon
Sec.706. Open Carry Policy
Sec.707. Possession of Explosives [Formerly Sec.702]
Sec.708. Dangerous Use of Explosives [Formerly Sec.703]
Part 8: Offenses Against the Public Order
Sec.801. Obstructing Performance of Police Duties
Sec.802. Resisting Arrest
Sec.803. Contempt
Sec.804. Perjury
Sec.805. Escape
Sec.806. Bail Jumping
Part 9: Alcohol Related Offenses
Sec.901. Illegal Consumption of Liquor
Sec.902. Public Intoxication
Sec.903. Providing Tobacco or Intoxicants to Minors
Part 10: Controlled Substances
Sec.1001. Possession or Use of Controlled Substance
Sec.1002. Possession or Precursors to Methamphetamine
Sec.1003. Manufacture, Sale or Furnishing of Controlled Substances
Part 11: Offenses Against the Family
Sec.1101. Child Abuse
Sec.1102. Domestic Abuse
Sec.1103. Contributing to Delinquency of a Minor
Sec.1104. Failure to Support Dependent
Sec.1105. Truancy
Part 12: Sex Crimes
Sec.1201. Sexual Assault
Sec.1202. Indecent Exposure
Sec.1203. Prostitution and Patronizing a Prostitute
Sec.1204. Registration of a Sex Offender
Part 13: Traffic Offenses
Sec.1301. Reckless or Negligent Driving
Sec.1302. Driving While Under the Influence of Intoxicating Liquor
Sec.1303. Driving With an Open Alcohol Container
Sec.1304. Unlawful Use of Tampering With a Motor Vehicle
Part 14: Animal Control
Sec.1401. Animal Abuse
Part 15: Law Enforcement Officers; Applicability
Sec.1501. Exemption for Law Enforcement Officers
Part 20: Limitations
Sec.2001. Prosecution
Sec.2002. Trying a Juvenile as an Adult
Part 21: Severability
Part 22: Penalties
Sec.2201. Sentencing and Fines
Chapter 07: Title VIII-07 Sex Offender
Ch. 1: General Matters
Sec.1.01. Title
Sec.1.02. Purpose
Sec.1.03. Creation of Registries
Ch. 2: Terminology & Offenses Requiring Registration
Sec.2.01. Definitions
Sec.2.02. Offenses Requiring Registration
Ch. 3: Tiered Offenses
Sec.3.01. Tier 1 Offenses
Sec.3.02. Tier 2 Offenses
Sec.3.03. Tier 3 Offenses
Ch. 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 License, Identification Cards, Passports and Immigration Documents
Sec.4.06. Employment Information
Sec.4.07. Finger and Palm Prints
Sec.4.08. Internet Identifier
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 Address
Sec.4.15. School
Sec.4.16. Social Security Number
Sec.4.17. Temporary Lodging
Sec.4.18. International Travel
Sec.4.19. Offense Information
Sec.4.20. Vehicle Information
Sec.4.21. Frequency, Duration and Reduction
Sec.4.22. Requirements for In Person Appearances
Sec.4.23. Sex Offender Acknowledgement Form
Sec.4.24. Certain Offenders Prohibited From Protected Locations
Ch. 5: Registration
Sec.5.01. Where Registration is Required
Sec.5.02. Timing of Registration
Sec.5.03. Retroactive Registration
Sec.5.04. Keeping Registration Current
Sec.5.05. Failure to Appear for Registration and Absconding
Ch. 6: Public Sex Offender Registry Website
Sec.6.01. Website
Sec.6.02. Required and Prohibited Information
Sec.6.03. Community Notification
Ch. 7: Immunity
Ch. 8: Crimes and Civil Sanctions
Chapter 08: Title VIII-08 Criminal Procedure
Ch. 1: Complaint
Sec.1.01. Complaint
Sec.1.02. Time Limit for Commencing Criminal Prosecution
Ch. 2: Arrests
Sec.2.01. Arrest
Sec.2.02. Warrants for Arrest
Sec.2.03. Notification of Rights at Time of Arrest
Sec.2.04. Summons in Lieu of Arrest Warrant
Ch. 3: Searches
Sec.3.01. Search Warrant
Sec.3.02. Execution and Return of Search Warrant
Sec.3.03. Search Without a Warrant
Sec.3.04. Disposition of Seized Property
Sec.3.05. Exclusion of Unlawfully Obtained Evidence
Ch. 4: Arraignment and Release
Sec.4.01. Arraignment
Sec.4.02. Release Before Final Judgment of Conviction
Sec.4.03. Withdrawal of Guilty Plea
Ch. 5: Trial Proceedings
Sec.5.01. Rights of Defendant in Criminal Cases
Sec.5.02. Issuance of Subpoenas
Sec.5.03. Service of Subpoenas
Sec.5.04. Failure to Obey Subpoena
Sec.5.05. Witness Expenses
Sec.5.06. Trial Procedure
Sec.5.07. Right to Jury Trial
Ch. 6: Delayed Sentencing
Sec.6.01. Sentences
Sec.6.02. Delayed Sentencing
Sec.6.03. Probation
Sec.6.04. Forfeiture of Weapons
Chapter 09: Title VIII-09 Civil Infractions Code
Ch. 1: General Provisions
Sec.101. Title
Sec.102. Purpose
Sec.103. Severability
Sec.104. Effective Date
Sec.105. Interpretation
Sec.106. Non-Liability
Ch. 2: Definitions
Sec.201. Definitions
Ch. 3: Conduct Deemed Detrimental to Public Health, Safety and Welfare
Sec.301. Purchase, Consumption or Possession of Liquor by Minor
Sec.302. Consumption of Liquor in Public
Sec.303. Public Intoxication
Sec.304. Littering
Sec.305. Spitting
Sec.306. Indecent Exposure
Sec.307. Public Urination or Defecation
Sec.308. Possession of Marijuana
Sec.309. Drug Paraphernalia
Sec.310. Gambling by a Minor
Sec.311. Disorderly Person
Sec.312. Defrauding an Innkeeper
Sec.313. Malicious Mischief
Sec.314. Trespass
Sec.315. Hindering or Opposing a Police Officer
Sec.316. Running Over a Fire Hose
Sec.317. Failure to Register Slow Moving Vehicle
Sec.318. Violation of the Solicitors Code
Ch. 4: Enforcement of Civil Infractions
Sec.401. Jurisdiction and Procedure
Sec.402. Enforcement and Penalties
Chapter 09-A: Title VIII-09A Addendum 1 Schedule of Civil Infraction Fines
Schedule of Fines and Costs
Chapter 10: Title VIII-10 Motor Vehicle Code
Article I: General Provisions
Sec.1.01. Title
Sec.1.02. Purpose
Sec.1.03. Severability
Sec.1.04. Effective Date
Sec.1.05. Interpretation
Sec.1.06. Non-Liability
Article II: Definitions
Sec.2.01. Definitions
Article III: Regulation of Motor Vehicle Ownership
Sec.3.01. Motor Vehicles Registration
Sec.3.02. Motor Vehicles Title
Sec.3.03. Operator s License
Sec.3.04. Civil Liability and Financial Responsibility
Sec.3.05. Delegation of Authority
Article IV: Operations of Motor Vehicles; Regulations
Sec.4.01. Rules of the Road
Sec.4.02. Equipment of Vehicles
Sec.4.03. Size, Weight and Load
Sec.4.04. Parking Regulations
Sec.4.05. Off Road Recreation Vehicles
Sec.4.06. Snowmobiles
Sec.4.07. Effect of Incorporation by Reference
Sec.4.08. Jurisdiction and Procedure
Sec.4.09. Enforcement and Penalties
Addendum
Addend.1. Schedule of Fees and Fines
Chapter 11: Title VIII-11 Police Department Code
Ch. 1: Purpose and Policy
Sec.1.01. Title
Sec.1.02. Purpose
Sec.1.03. Authority
Sec.1.04. Adoption, Amendment, Repeal
Sec.1.05. Severability
Sec.1.06. Repeal
Ch. 2: Definitions
Sec.2.01. Definitions
Ch. 3: Creation of Police Department; General Principles
Sec.3.01. Establishment of Department
Sec.3.02. Director of Law Enforcement
Sec.3.03. Place and Time for Law Enforcement Operations
Sec.3.04. All Law Enforcement Operations Shall be Conducted as Set Forth in This Code
Sec.3.05. Mission of Department
Sec.3.06. Cross-Deputization and Other Mutual Aid Law Enforcement Agreements
Sec.3.07. Use of Deadly Force
Sec.3.08. Role of the Tribal Council
Ch. 4: Appointment of Director and Law Enforcement Officers
Sec.4.01. Appointment of Director; Interim Director
Sec.4.02. Qualifications of Director
Sec.4.03. Appointment of Law Enforcement Officers
Sec.4.04. Hiring Criteria for Law Enforcement Officers
Sec.4.05. Indian Preference
Sec.4.06. Law Enforcement Officers to be Sworn
Ch. 5: Organization of Department
Sec.5.01. Duties of the Director of Law Enforcement
Sec.5.02. Subordinate Officers
Sec.5.03. Supervision
Sec.5.04. Restrictions
Sec.5.05. Training of Law Enforcement Officers
Sec.5.06. Duties of Law Enforcement Officers
Sec.5.07. Supervision and Conduct of Tribal Police
Sec.5.08. Conservation of Enforcement Officers
Sec.5.09. Qualifications of Conservation Enforcement Officers
Chapter 12: Title VIII-12 Animal Control Code
Article I: General Provisions
Sec.1.01. Title
Sec.1.02. Purpose
Sec.1.03. Severability
Sec.1.04. Effective Date
Sec.1.05. Interpretation
Sec.1.06. Non-Liability
Article II: Definitions
Article III: Conduct Deemed Detrimental to Public Health, Safety and Welfare
Sec.3.01. Harboring of Domestic Animals and Fowl
Sec.3.02. Running at Large
Sec.3.03. Animal Waste
Sec.3.04. Allowing Animal to Make Excessive Noise
Sec.3.05. Female Dogs and Cats in Heat
Sec.3.06. Keeping of Dangerous, Diseased or Rabid Animals
Sec.3.07. Keeping of Wild or Exotic Animals
Sec.3.08. Abandoned or Unwanted Animals
Sec.3.09. Order to Show Cause Why an Animal Should Not be Destroyed
Sec.3.10. Impoundment
Article IV: Quarantine of Animals
Sec.4.01. Persons Bitten by Animals
Sec.4.02. Quarantine of Animals Maintained at the Owner s Home
Sec.4.03. Fees for Impoundment and Maintenance of Animals
Sec.4.04. Vicious Animals
Sec.4.05. Record Keeping
Article V: Cruelty to Animals Prohibited
Sec.5.01. Acts of Cruelty
Article VI: Registration
Sec.6.01. Required
Sec.6.02. Registry
Sec.6.03. Fees
Sec.6.04. Waiver of Fees
Sec.6.05. Tag to be Worn
Article VII: Administration and Enforcement
Sec.7.01. Interfering, Obstructing, Resisting or Opposing Tribal Police While Apprehending Animals
Article VIII: Enforcement Proceedings for Violations
Sec.8.01. Jurisdiction
Sec.8.02. Probable Cause
Sec.8.03. Issuing a Citation for Code Violations
Article IX: Penalties
Sec.9.01. A Violation of This Code Constitutes a Civil Infraction
Sec.9.02. Violations of This Code Constitute Criminal Offenses When the Conduct Involves Certain Aggravating Circumstances
Appendix A: Civil Penalties Schedule of Fines
Appendix B: Criminal Penalties Classification of Offenses
Chapter 13: Title VIII-13 Solicitors Code
Sec.1. Definition of Solicitor
Sec.2. Permit Required Exemptions
Sec.3. Permit Application
Sec.4. Investigation of Applicant Issuance and Denial of Permit
Sec.5. Permit Exhibit
Sec.6. Permit Revocation
Sec.7. Use of Streets
Sec.8. Hours and Notice
Sec.9. Records
Sec.10. Violation Penalty
Sec.11. Effective Date
Chapter 14: Title VIII-14 NHBP Fireworks Code
Resolution No. 06-29-12-01
Sec.1. Purpose
Sec.2. Definitions
Sec.3. Prohibited use of Fireworks
Sec.4. Enforcement and Penalties
Sec.5. Authorization to Seize Fireworks
Sec.6. Permits for Certain Fireworks Displays
Sec.7. Severability
Sec.8. Repealer
Sec.9. Effective Date
Chapter 15: Title VIII-15 No Commercial Tobacco Use Code
Ch. 1: Authority and Purpose
Sec.1.01. Title
Sec.1.02. Authority
Sec.1.03. Purpose
Sec.1.04. Definitions
Ch. 2: Prohibition of Commercial Tobacco Use in Public and Private Worksites and Public Places
Sec.2.01. Inside of Buildings and Other Enclosed Areas
Sec.2.02. Outside of Buildings
Sec.2.03. Licensed Gaming Facilities
Sec.2.04. Private Residences
Ch. 3: Prohibition of Commercial Tobacco Advertising
Sec.3.01. Advertising
Ch. 4: Prohibiting Tobacco Distribution
Sec.4.01. Sales to Minors
Ch. 5: Prohibiting Tobacco Possession
Sec.5.01. Prohibiting Minor Possession of Tobacco
Sec.5.02. Exception for Ceremonial and/or Traditional Tobacco Use
Ch. 6: Posting of Signs
Sec.6.01. No Tobacco Use Signs
Ch. 7: Enforcement
Sec.7.01. Enforcement
Ch. 8: Violations and Penalties
Sec.8.01. Penalties
Sec.8.02. Violations by Minors
Chapter 16: Title VIII-16 Establishment of Office of Special Prosecutor
Resolution No. 05-16-13-05
Sec.1. Establishment
Sec.2. Definitions and Procedures
Sec.3. Purpose
Sec.4. Scope
Sec.5. Powers Conferred
Sec.6. Limitations on Powers
Sec.7. Reports
Sec.8. Compensation and Budget
Sec.9. Authorization
Sec.10. Certification
TITLE IX LAND; HOUSING
Chapter 01: Title IX-01 Real Property Acquisition Code
Ch. 1: General Provisions
Sec.1.01. Title
Sec.1.02. Purpose
Sec.1.03. Definitions
Ch. 2: Procedures and Requirements
Sec.2.01. Land Acquisition Procedures
Sec.2.02. Procedural Requirements for Land Acquisition
Ch. 3: All Appropriate Inquires Procedures
Sec.3.01. All Appropriate Inquires Procedures
Chapter 02: Title IX-02 BOCA and Health Codes
Resolution No. 4-14-00-01
Chapter 03: Title IX-03 Lot Lease and Leasehold Mortgage Code
Ch. 1: General Provisions
Sec.101. Title
Sec.102. Purpose
Sec.103. Findings
Ch. 2: Definitions
Sec.201. General Definitions
Ch. 3: Eligibility for Leasing a Lot
Sec.301. Policy Principle
Sec.302. Availability of Lots on Tribal Lands; Tribal Member Options
Sec.303. Eligibility
Sec.304. Application Procedure
Sec.305. Criminal Background Screening
Sec.306. Determination of Ineligibility
Sec.307. Selection Criteria for Lot Assignment
Ch. 4: Voiding an Approved Lease
Sec.401. Failure to Start Construction
Sec.402. Failure to Obtain Mortgage Financing
Sec.403. Failure to Execute Compliance Affidavit
Sec.404. Failure to Execute Lease
Ch. 5: Subleases; Transfer and Assignments
Sec.501. Transfer and Assignments
Sec.502. Sublease of Residence
Ch. 6: Approval of Lease
Sec.601. Approval of Lot Request
Sec.602. Bureau of Indian Affairs Approval
Sec.603. Submission to Lender
Ch. 7: Conditions Applicable to Lot Leases
Sec.701. Vacancy of Lease
Sec.702. Homes/Structures at the End of the Lease
Sec.703. Intestate Transfers and Testamentary Designations
Ch. 8: Allowances to Spouse and Heirs
Sec.801. Application of this Article to All Program Applicants
Sec.802. When a Lessee Dies Testate, or Intestate
Sec.803. Rights of the Holder of Possessory Rights Subject to Tribal Laws
Ch. 9: Tribal Court Jurisdiction
Sec.901. Exclusive Jurisdiction
Ch. 10: Leasehold Mortgage Priority of Lien Procedures, Recording
Sec.1001. Priority
Sec.1002. Recording
Ch. 11: Leasehold Mortgage Foreclosure Procedures
Sec.1101. Default by Mortgagor; Obligations of Mortgagee
Sec.1102. Foreclosure Procedures
Sec.1103. Service of Process and Procedures
Sec.1104. Cure of Default by Subordinate Lienholder
Sec.1105. Power of the Tribal Court
Ch. 12: Leasehold Mortgage Eviction Procedures
Sec.1201. Jurisdiction
Sec.1202. Former Leaseholder/Other Occupier Subject to a Leasehold Mortgage Found Guilty
Sec.1203. Procedures for Service of Notice
Sec.1204. Complaint and Summons
Sec.1205. Service of Summons and Complaint
Sec.1206. Power of the Tribal Court
Sec.1207. Enforcement
Sec.1208. Continuances in Cases Involving the Mortgagee
Ch. 13: Leasehold Mortgage Alternative Remedies
Sec.1301. Alternative Remedies
Ch. 14: Limited Waiver of Immunity
Sec.1401. Limited Waiver of Immunity
Ch. 15: Adoption; Amendment; Severability
Sec.1501. Adoption
Sec.1502. Amendment
Sec.1503. Severability Clause
Chapter 04: Title IX-04 Rental Housing Code
Ch. 1: General Provisions
Sec.101. Title
Sec.102. Purpose
Sec.103. Jurisdiction
Sec.104. Conflicts with Other Laws
Ch. 2: Definitions
Sec.201. Definitions
Ch. 3: Rights, Obligations and Remedies of Landlord/Tenant
Sec.301. Landlord/Tenant Rights, Obligations and Remedies
Sec.302. Abandoned Rental Units
Ch. 4: Evictions
Sec.401. Evictions
Ch. 5: Severability
Sec.501. Severability
Chapter 05: Title IX-05 Down Payment Assistance
Resolution 01-20-11-02 Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) Indian Housing Block Grant
Ch. 1: Overview of Program
Ch. 2: Definitions
Ch. 3: Program Guidelines
Sec. A. Eligibility Criteria
Sec. B. Restrictions on Use of Down Payment Assistance Grant/Loan Funds
Sec. C. Limitations
Sec. D. Implementation
Sec. E. Lien Requirements; Default by Member
Chapter 06: Title IX-06 Unsafe Building Code
Ch. 1: General Provisions
Sec.101. Title
Sec.102. Purpose
Sec.103. Jurisdiction
Ch. 2: Definitions
Sec.201. General
Ch. 3: Inspection, Condemnation and Removal of Unsafe Buildings
Sec.301. Unsafe Buildings Defined
Sec.302. Standards for Repair; Vacation or Demolition
Sec.303. Unsafe Buildings as Nuisances
Sec.304. Duties of Building Inspector
Sec.305. Hearings Before the Tribal Council
Sec.306. Presumption of Public Danger
Sec.307. Emergency Cases
Sec.308. Duties of Tribal Police Department
Sec.309. Violations
Sec.310. Severability
Chapter 07: Title IX-07 Standards for Wells and On-Site Sewage Systems
Resolution No. 03-06-08-01
TITLE X TAX
Chapter 01: Title X-01 Implementation of Tax Agreement
Ch. 1: Definitions
Sec.1.01. Definitions
Ch. 2: Application of Tribal-State Tax Agreement
Sec.2.01. Binding Effect of Tribal-State Tax Agreement
Sec.2.02. Sales and Use Tax
Sec.2.03. Sales Tax Sharing
Sec.2.04. Individual Income Tax
Sec.2.05. Single Business Tax
Sec.2.06. Motor Fuels Tax
Sec.2.07. Tobacco Products
Ch. 3: Restrictions and Prohibitions on Tribal Members and Entities
Sec.3.01. Motor Fuels Tax
Sec.3.02. Tobacco Products Tax
Sec.3.03. Tribal Certificate of Exemption Use
Ch. 4: Tribal Member and Tribal Entity Duties and Obligations
Sec.4.01. Sales and Use Tax
Sec.4.02. Responsibility for Proper Use of the Tribal Certificates of Exemption
Sec.4.03. Personal Income Tax
Sec.4.04. Single Business Tax
Sec.4.05. Motor Fuels Tax
Sec.4.06. Tobacco Products Tax
Sec.4.07. General Administrative Duties and Obligations
Ch. 5: Restrictions and Prohibitions on the Tribe
Sec.5.01. Motor Fuels Tax
Sec.5.02. Tobacco Products Tax
Sec.5.03. Tribal Certificate of Exemption
Ch. 6: Tribal Duties and Obligations
Sec.6.01. Tribal Council Duties and Obligations
Sec.6.02. Duties and Obligations of the Tribal Court and Tribal Police
Sec.6.03. Duties and Obligations of the Tribal Officials
Ch. 7: Enforcement and Miscellaneous
Sec.7.01. Enforcement
Sec.7.02. Severability
Sec.7.03. No Impairment of Tribal Privileges and Immunities
Sec.7.04. No Private Right of Enforcement
Sec.7.05. Scope of Act
Chapter 02: Title X-02 Retail Sales and Food and Beverage Tax Code
Ch. 1: Retail Sales Tax
Article I. Purpose
Sec.1.01. Purpose
Article II: Definitions
Sec.2.01. Definitions
Article III: Retail Sales Tax
Sec.3.01. Imposition and Rate of Tax; Tax Added to Selling Price; Exemptions and Records of Exempt Retail Sales
Article IV: Licensing of Retailers Located within Tribal and Trust Lands
Sec.4.01. Retailers Wholly Owned by the Tribe and/or Tribal Members
Sec.4.02. Non-Member Retailers
Sec.4.03. Non-Tribal and Trust Land Sales
Sec.4.04. Tax Department Publication of License Forms and Procedures
Sec.4.05. Transmission of Application Forms to the State
Sec.4.06. Information Required for Licensing
Sec.4.07. License Renewal
Sec.4.08. Suspension or Termination of Business
Sec.4.09. Incidental Retailers
Article V: Collection; Remittance; Returns; Appropriation
Sec.5.01. Collection
Sec.5.02. Remittance and Returns
Sec.5.03. Appropriation
Article VI: Financial Standards; Record Keeping
Sec.6.01. Financial Standards
Sec.6.02. Record Keeping
Sec.6.03. Assessment
Article VII: Tax Sharing
Sec.7.01. Tax Sharing
Article VIII: Severability
Sec.8.01. Severability
Ch. 2: Food and Tax Beverage Tax
Article I: Purpose
Sec.1.01. Purpose
Article II: Definitions
Sec.2.01. Definitions
Article III: Food and Beverage Tax
Sec.3.01. Imposition and Rate of Tax; Tax Added to Selling Price; Exemptions
Article IV: Collection; Remittance; Returns; Appropriations
Sec.4.01. Collection
Sec.4.02. Remittance and Returns
Sec.4.03. Appropriations
Article V: Financial Standards; Record Keeping
Sec.5.01. Financial Standards
Sec.5.02. Record Keeping
Sec.5.03. Assessment
Article VI: Severability
Sec.6.01. Severability
Chapter 03: Title X-03 Sale of Tobacco Products Code
Ch. 1: Registration of Retailers Selling Tobacco Products; Regulation of Sales of Tax Free Tobacco Products
Article I. Purpose
Sec.1.01. Purpose
Article II: Definitions
Sec.2.01. Definitions
Article III: Tobacco Products Retailers
Sec.3.01. Licensing of Retailers
Sec.3.02. Sale of Tax Exempt Tobacco Products
Sec.3.03. Registration Conditions Applicable to Retailers Licensed to Sell Tobacco Products
Article IV: Retail Sales of Tax Free Tobacco Products
Sec.4.01. Designation of Authorized Retailer for Tax Exempt Tobacco Products
Sec.4.02. Purchases Subject to Michigan Tobacco Products Tax
Sec.4.03. Limits of Tax Free Tobacco Products by Tribal Members
Sec.4.04. Civil Penalties; Remedies
Article V: Severability
Sec.5.01. Severability
Chapter 04: Title X-04 Motor Fuels Sales Code
Ch. 1: Regulation of Sales of Tax Free Motor Fuels
Article I: Purpose
Sec.1.01. Purpose
Sec.1.02. Effective Date
Article II: Definitions
Sec.2.01. Definitions
Article III: Requirements for Purchasers of Exempt Motor Fuels
Sec.3.01. Purchases Subject to Michigan Motor Fuel Tax
Sec.3.02. Authorized Retail Locations at Which Exempt Purchases May be Made
Sec.3.03. Registration Requirement
Sec.3.04. Procedure for Making Purchases of Exempt Motor Fuels
Sec.3.05. Limits on Purchases of Exempt Motor Fuel Products by Tribal Members
Article IV: Penalties; Enforcement
Sec.4.01. Civil Penalties; Remedies
Article V: Severability
Sec.5.01. Severability
Chapter 05: Title X-05 Convention and Tourism Tax Code
Resolution No. 10-26-12-02
Article I: Purpose
Sec.1.01. Purpose
Article II: Adoption; Amendment; Repeal; Severability
Sec.2.01. Adoption
Sec.2.02. Amendment
Sec.2.03. Severability Clause
Sec.2.04. Repeal
Article III: Definitions
Sec.3.01. As Used in This Article, the Word “Shall” is Always Mandatory, and Not Merely Advisory
Sec.3.02. General Definitions
Article IV: Convention and Tourism Tax
Sec.4.01. Imposition; Rate of Tax
Sec.4.02. Exemptions from Convention and Tourism Tax
Sec.4.03. Records of Provision of Exempt Lodging or Accommodations
Sec.4.04. Returns; Payment
Sec.4.05. Convention and Tourism Tax Revenues; Distribution
Article V: Financial Standards; Record Keeping
Sec.5.01. Financial Standards
Sec.5.02. Record Keeping
Sec.5.03. Assessment
Chapter 06: Title X-06 Lodging and Occupancy Use Tax Code
Resolution No. 10-26-12-03
Article I: Purpose
Sec.1.01. Purpose
Article II: Adoption; Amendment; Repeal; Severability
Sec.2.01. Adoption
Sec.2.02. Amendment
Sec.2.03. Severability Clause
Sec.2.04. Repeal
Article III: Definitions
Sec.3.01. As Used in This Article, the Word “Shall” is Always Mandatory, and Not Merely Advisory
Sec.3.02. General Definitions
Article IV: Lodging and Occupancy Use Tax
Sec.4.01. Imposition; Rate of Tax
Sec.4.02. Exemptions from Lodging and Occupancy Tax
Sec.4.03. Records of Provision of Exempt Lodging or Accommodations
Sec.4.04. Returns; Payment
Sec.4.05. Lodging and Occupancy Tax Revenues; Distribution
Article V: Financial Standards; Record Keeping
Sec.5.01. Financial Standards
Sec.5.02. Record Keeping
Sec.5.03. Assessment
TITLE XI TRIBAL CHARTER INSTRUMENTALITIES
Chapter 01: Title XI-01 FDA Charter Amended 10.18.2012
Article I: Formation of Authority
Sec.1.01. Formation
Sec.1.02. Name
Sec.1.03. Legal Basis of Formation
Sec.1.04. Perpetual Existence
Article II: Purposes
Sec.2.01. Purposes
Article III: Powers
Sec.3.01. Powers
Sec.3.02. Limitation of Powers
Article IV: Rights and Immunities
Sec.4.01. Privileges and Immunities
Sec.4.02. No Implied Waiver of Sovereign Immunity or Consent to Jurisdiction
Sec.4.03. Waiver of Immunity
Sec.4.04. Consent to Jurisdiction
Sec.4.05. No Right to Waive Immunity or Consent to Jurisdiction on Behalf of Tribe
Sec.4.06. Tribe s Right to Waive Immunity or Consent to Jurisdiction on Behalf of Authority
Article V: Properties, Assets and Interests
Sec.5.01. Right to Conduct Gaining
Sec.5.02. Use of Tribal Lands
Sec.5.03. Personal Property
Sec.5.04. Financing, Design, Development, and Construction of FireKeepers Casino
Sec.5.05. No Interest in Non-Gaming Tribal Assets
Article VI: Operation and Financial Administration
Sec.6.01. FireKeepers Casino Operation
Sec.6.02. Gross Revenue
Sec.6.03. Costs and Expenses
Sec.6.04. Distributable Net Income
Sec.6.05. Distributions to the Tribe
Sec.6.06. Distributable Net Income Distributed to the Tribe
Article VII: Governance
Sec.7.01. Authority Board
Sec.7.02. Action of the Authority Board
Sec.7.03. Meetings of the Authority Board
Sec.7.04. Authority Board Actions Binding Only on Authority
Sec.7.05. Delegation of Authority
Sec.7.06. Indemnification
Article VIII: Dissolution
Sec.8.01. Limitation on Dissolution
Sec.8.02. Dissolution
Article IX: Miscellaneous
Sec.9.01. Severability
Sec.9.02. Amendment and Revocation
Sec.9.03. Effectiveness
Chapter 02: Was yabek Development Company, LLC [Not available online]
Chapter 03: Title XI-03 BKED o MSHIK General Store Charter [link on tribe's website is broken as of 10/20/2014]
Article I: Formation of Authority
Sec.1.01. Formation
Sec.1.02. Name
Sec.1.03. Legal Basis of Formation
Article II: Purposes
Sec.2.01. Purposes
Article III: Organization and Authority
Sec.3.01. Organization
Sec.3.02. Authority
Sec.3.03. Limitation of Powers
Article IV: Rights and Immunities
Sec.4.01. Privileges and Immunities
Sec.4.02. No Implied Waiver of Sovereign Immunity or Consent to Jurisdiction
Sec.4.03. Waiver of Immunity
Sec.4.04. Consent to Jurisdiction
Article V: Properties, Assets and Interests
Sec.5.01. Right to Conduct Business
Sec.5.02. Personal Property
Article VI: Operation and Financial Administration
Sec.6.01. Operation of the General Store
Sec.6.02. Gross Revenue
Sec.6.03. Costs and Expenses
Article VII: Governance
Sec.7.01. General Store Manager
Sec.7.02. Delegation of Authority
Sec.7.03. Indemnification
Article VIII: Dissolution
Sec.8.01. Limitation on Dissolution
Sec.8.02. Dissolution
Article IX: Miscellaneous
Sec.9.01. Severability
Sec.9.02. Amendment and Revocation
Sec.9.03. Effectiveness