Reno-Sparks Indian Colony - Tribal Code, Table of Contents
Received: July 2012
Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.
The tribe has not given permission for the full-text tribal code to be made available online. Please contact the library for assistance.
Table of Contents
CONSTITUTION AND BY-LAWS OF THE RENO-SPARKS INDIAN COLONY [2012]
(Full text of the Constitution is available on the tribe's website)
Preamble
Article I. Territory
Article II. Membership
Article III. Governing Body
Article IV. Nomination and Elections
Article V. Vacancies and Removal From Office
Article VI. Powers of the Council
Article VII. Bill of Rights
Article VIII. Amendments
By-Laws of the Reno-Sparks Indian Colony
Article I. The Reno-Sparks Indian Council
Article II. Adoption
Certification of Adoption [1936]
Approval [1971]
Certificate of Results of Election, Amendment I [1974]
Certificate of Results of Election, Amendment II [1974]
Certificate of Results of Election, Amendment III [1974]
Certificate of Results of Election, Amendment IV [1974]
Certificate of Results of Election, Amendment V [1974]
Approval, Amendment I [1975]
Approval, Amendment II [1975]
Approval, Amendment III [1975]
Approval, Amendment IV [1975]
Approval, Amendment V [1975]
Approval, Amendment B [1999]
Approval, Amendment C [1999]
Approval, Amendment B / Amendment VIII [2011]
Approval, Amendment C / Amendment IX [2011]
[Table of Contents created by NILL in April 2014, based on materials available on tribe's website.]
TRIBAL COURT RULES
Rule 1. Scope of Rules. Rule 2. Approval and Amendments. Rule 3. Commencement of Actions. Rule 4. Filing Fee (4.1. Waiver of Filing Fee. 4.2. Schedule of Fees). Rule 5. Representation (5.1. Self-representation. 5.2. Attorney Representation. 5.3. Representation by a Private Court Advocate at Own Cost. 5.4. Appointment of a Tribal Court Advocate [Amended 8-22-06 (Res. No.
2006-RS-74)]. 5.5. Duties of Parties. 5.6 Duty of Attorneys and Advocates). Rule 6. Assignment of Judge. Rule 7. Disqualification of the Judge. Rule 8. Issuance of Summons. Rule 9. Service of Process and of Subsequent Documents (9.1 Summons and Complaints. 9.2. Service of Documents issued by another Jurisdiction. 9.3. Service by Mail. 9.4. Service by Inter-office Delivery. 9.5. Service by Publication or by Public Notice). Rule 10. Return of Service. Rule 11. Required Service. Rule 12. Certificate of Service or Mailing. Rule 13. Filing (13.1. Filing Deadline). Rule 14. Filing an Answer or Responsive Pleading. Rule 15. Time Computation. Rule 16. Filing of Motions. Rule 17. Signing of Documents. Rule 18. Counterclaims or Cross-claims. Rule 19. Amendments to Pleadings. Rule 20. Hearings. Rule 21. Scheduling Orders. Rule 22. Setting Cases for Hearing or for Trial. Rule 23. Discovery. Rule 24. Subpoena. Rule 25. Dismissal of Inactive Cases. Rule 26. Judgments and Orders. Rule 27. Default Judgment. Rule 28. Attorney Fees and Costs. Rule 29. Stay of Execution. Rule 30. Examination of Judgment Debtor. Rule 31. Defendants subject to Orders from other Jurisdictions. Rule 32. Temporary Restraining Order. Rule 33. Appeals. Rule 34. Court Records. Rule 35. Ex Parte Matters (35.1. Ex Parte Motions. 35.2 . Hearings to be Required on Ex Parte Motions. 35.3. Orders resulting from Ex Parte Motions). Rule 36. Certified Copies of Court Documents. Rule 37. Civil Jury Instructions. Rule 38. Criminal Jury Instructions. Rule 39. Federal Rules.
LAW & ORDER CODE:
Title 1. The Tribal Court
Part 1-10. Authorization and definitions (Section 1-10-010. Establishment of the tribal court. Section 1-10-020. Definitions). Part 1-20. Jurisdiction of the tribal court (Section 1-20-010. Territorial jurisdiction of the Tribal Court. Section 1-20-020. Civil jurisdiction. Section 1-20-030. Criminal jurisdiction. Section 1-20-040. Probate Jurisdiction. Section 1-20-050. Juvenile jurisdiction). Part 1-30. Law to be applied by the Tribal Court (Section 1-30-010. The Tribal Court. Section 1-30-020. Tribal Custom. Section 1-30-030. Federal Law. Section 1-30-040. Inapplicability of Nevada Law and 25 Code of Federal Regulations, Part II. Section 1-30-050. Arbitration). Part 1-40. Judges of the tribal court (Section 1-40-010. Composition of the Tribal Court. Section 1-40-020. Qualifications of the Judges. Section 1-40-030. Appointment of Judges. Section 1-40-040. Term of office. Section 1-40-050. Duties and Powers of Judges. Section1-40-060. Appointment of Temporary Judges. Section1-40-070. Compensation of Judges. Section1- 40-080. Removal of Judges. Section 1-40-090. Disqualification of Judges, Conflict of Interest. Section 1- 40-100. Filling vacancies). Part 1- 50. Clerk of court (Section1-50-010. Qualifications of Clerk. Section 1- 50-020. Appointment of Clerk. Section1-50-030. Duties of the Clerk. Section 1-50-040. Judge May Assume Duties of the Clerk. Section 1-50-050. Termination of Clerk). Part 1-60. Records of the tribal court (Section 1-60-010. Court files. Section 1-60-020. Recording court proceedings. Section 1-60-030. Forms of decisions). Part 1-70. Rules of Court (Section 1-70-010. Preparation of rules. Section 1-70-020. Approval of rules. Section 1-70-030. Amendment of rules. Section1-70-040. Sanctions). Part 1- 80. Practice before the tribal court (Section1-80-010. Right to Represent Oneself or Have Representative. Section 1-80-020. Who May Be a Representative. Section 1-80-030. Representative's Right to Appear). Part 1-90. Appeals from tribal court (Section 1-90-010. Composition of the Court of Appeals. Section 1-90-020. Appeal rocedure).
Title 2. Civil Procedure [Not available]
Title 3. Criminal Code
Ch. 1. Criminal Prodedure. Part 1. General provisions (Section 3-1-101. Purpose and construction.
Section 3-1-102. Criminal code not applicable to traffic laws.
Section 3-1-103. General definitions.
Section 3-1-104. Criminal jurisdiction.
Section 3-1-105. Rights of the defendant.
Section 3-1-106. Presence of defendant.
Section 3-1-107. Subsequent prosecutions). Part 2. Investigative procedures (Section 3-1-201. Investigation of suspicious death.
Section 3-1-202. Investigative subpoenas.
Section 3-1-203. Relief from improper subpoena.
Section 3-1-204. Conduct of investigative hearing.
Section 3-1-205. Self-incrimination - immunity.
Section 3-1-206. Authorization for search and seizure.
Section 3-1-207. Scope of search after lawful arrest,
Section 3-1-208. Search warrants.
Section 3-1-209. Grounds for search warrant.
Section 3-1-210. Execution of a search warrant.
Section 3-1-211. What may be seized with search warrant.
Section 3-1-212. Scope of search pursuant to search warrant.
Section 3-1-213. Disposition of property seized.
Section 3-1-214. Investigative stops.
Section 3-1-215. Roadblocks). Part 3. Commencing criminal prosecution (Section 3-1-301. Citation.
Section 3-1-302. Complaint.
Section 3-1-303. Amending the complaint.
Section 3-1-304. Joinder of severance of offenses and defendants.
Section 3-1-305. Discharge of co-defendant.
Section 3-1-306. Multiple Charges from the Same Transaction). Part 4. Arrest and related procedures (Section 3-1-401. Method of arrest.
Section 3-1-402. Arrest by law enforcement officer.
Section 3-1-403. Arrest warrants. Section 3-1-404. Summons.
Section 3-1-405. Warrants issned after a summons,
Section 3-1-406. Arresting law enforcement officer's liability.
Section 3-1-407. Notification of rights prim' to interrogation.
Section 3-1-408. Extradition). Part 5. Initial appearance (Section 3-1-501. Initial appearance.
Section 3-1-502. Court procedure at initial appearance.
Section 3-1-503. Right to counsel). Part 6. Bail (Section 3-1-601. Release prior to criminal proceedings.
Section 3-1-602. Reasonable bail.
Section 3-1-603. Bail schedule.
Section 3-1-604. Conditions of release.
Section 3-1-605. Criteria for determining conditions of release.
Section 3-1-606. Release agreements.
Section 3-1-607. Changing bail or conditions of release.
Section 3-1-608. Release of bail.
Section 3-1-609. Violation of conditions of release.
Section 3-1-610. Forfeitnre Order). Part 7. Arraignment (Section 3-1-701. Joint defendants.
Section 3-1-702. Arraignment procedures,
Section 3-1-703. Plea alternatives at arraignment.
Section 3-1-704. Record of arraignment). Part 8. Guilty pleas and plea agreements (Section 3-1-801. Plea agreement negotiations.
Section 3-1-802. Court procedure for accepting guilty plea.
Section 3-1-803. Telephonic change of plea). Part 9. Pretrial motions (Section 3-1-901. Pretrial defenses and objections.
Section 3-1-902. Suppression of evidence.
Section 3-1-903. Motion to suppress confession or admission.
Section 3-1-904. Disclosure by prosecution.
Section 3-1-905. Disclosure by defendant.
Section 3-1-906. Severance. Section 3-1-907. Notice of alibi.
Section 3-1-908. Motion for continuance.
Section 3-1-909. Pretrial conference.
Section 3-1-11O. Pretrial diversion.
Section 3-1-111. When depositions may be taken.
Section 3-1-112. Procedure for taking deposition.
Section 3-1-113. Use of deposition at trial.
Section 3-1-114, Subpoenas). Part 10. Mental disorder (Section 3-1-1001. Mental disorder excluding fitness to proceed.
Section 3-1-1002. Evidence of mental disorder admissible as afflrmative defense.
Section 3-1-1003, Examination of defendant.
Section 3-1-1004. Report of examination.
Section 3-1-1005. Determination of fitness to proceed.
Section 3-1-1006. Proceedings if fitness regained.
Section 3-1-1007. Psychiatric or psychological testimony at trial.
Section 3-1-1008. Admissibility of statements made during examination or treatment.
Section 3-1-1009. Commitment or release upon finding of not guilty by reason of mental
disorder). Part 11. Trial (Section 3-1-1101. Right to a jury trial.
Section 3-1-11 02. Priority of the tribal court calendar.
Section 3-1-11 03. Questions of law and fact.
Section 3-1-11 04. Rules of evidence in criminal cases.
Section 3-1-11 05. Trial preparation time.
.Section 3-1-11 06. Burden of proof.
Section 3-1-1107. Order of trial .
Section 3-1-11 08. Insufficiency of evidence). Part 12. Juries (Section 3-1-1201. Qualification of jurors.
Section 3-1-1202. Formation of jury.
Section 3-1-1203, Motion to discharge a jury panel.
Section 3-1-1204. Examination of prospective jurors.
Section 3-1-1205. Challenges.
Section 3-1-1206. Conduct of jury during trial.
Section 3-1-1207. View of relevant place or property.
Section 3-1-1208. Jury instructions.
Section 3-1-1209. Jury deliberation.
Section 3-1-1210. Items allowed in the jury room.
Section 3-1-1211. Form of verdict. Section 3-1-1212. Polling the jury.
Section 3-1-1113. Conviction of lesser included offense.
Section 3-1-1114. Discharging jurors.
Section 3-1-1215. Jury Fees). Part 13. Post-trial and sentencing procedures (Section 3-1-1301. Motion for new trial.
Section 3-1-1302. Rendering judgment and pronouncing sentence.
Section 3-1-1303. Sentencing considerations.
Section 3-1-1304. Sentences to be imposed.
Section 3-1-1305. Execution of sentence.
Section 3-1-1306. Restitution.
Section 3-1-1307. Payment of fines and restitution.
Section 3-1-1308. Failure to pay fines or restitution.
Section 3-1-1309. Revocation of suspended or deferred sentence.
Section 3-1-1310. Dismissal and expungement after deferred sentence.
Section 3-1-1311. Credit for time served,
Section 3-1-1312. Credit for incarceration prior to conviction). Part 14. Parole (Section 3-1-1401. Eligibility for parole.
Section 3-1-1402. Eligibility hearing.
Section 3-1-1403. Conditions of release.
Section 3-1-1404. Violation of parole).
Title 4. Criminal Offenses
Ch. 1. General provisions. Part 1. Purpose, applicability and general definitions (Section 4-1-101. Purpose and construction.
Section 4-1-102. Civil actions not barred.
Section 4-1-103. Application of civil rigbts.
Section 4-1-104. Offenses committed by children under age 8.
Section 4-1-105. Exclusiveness of offenses.
Section 4-1-106. [Reserved].
Section 4-1-107. Enforcement procedures for civil infractions.
Section 4-1-108. Forfeiture of property.
Section 4-1-109. General definitions). Part 2. Limitations on prosecution and penalties (Section 4-1-201. Limitations on prosecution based on same transaction.
Section 4-1-202. Time limitations for prosecution.
Section 4-1-203. When time limitations for prosecution suspended, extended, or removed.
Section 4-1-204. Classification of offenses and penalties.
Section 4-1-205. Additional penalty for crimes committed by adults with assistance of a
child). Part 3. Sexual and violent offender registration (Section 4-1-301. Registration of sexual and violent offenders.
Section 4-1-302. Record of registration.
Section 4-1-303. Inspection.
Section 4-1-304. Prohibited disclosure of information.
Section 4-1-305. Limitation of liability.
Section 4-1-306. Failure to register or providing false information).
Ch. 2. Requirements to commit an offense. Part 1. Requisite intent to commit an offense (Section 4-2-101. Required mental state.
Section 4-2-102. Strict liability). Part 2. Other principles of liability (Section 4-2-201 Intoxicated or drugged condition.
Section 4-2-202. Ignorance or mistake of fact.
Section 4-2-203. Ignorance or mistake of law.
Section 4-2-204. Liability for Acts of Corporations or Unincorporated Associations.
Section 4-2-205 Conduct and result,
Section 4-2-206 Voluntary act.
Section 4-2-207 Accountability).
Ch. 3. Affirmative defenses. Part 1. Preliminary provisions (Section 4-3-101. Burden of proof). Part 2. Enumeration of defenses (Section 4-3-201. Consent.
Section 4-3-202. Compulsion.
Section 4-3-203. Duress.
Section 4-3-204. [Reserved]
Section 4-3-205. Justification.
Section 4-3-206. Insanity Defense.
Section 4-3-207. Use of force in defense of a person.
Section 4-3-208. Use of force in defense of occupied strncture.
Section 4-3-209. Use of force in defense of property).
Ch. 4. Inchoate (preparatory) offenses. Part 1. Enumeration of offenses and extent of liability (Section 4-4-101. Solicitation.
Section 4-4-102. Conspiracy.
Section 4-4-103. Attempt).
Ch. 5. Offenses against the person. Part 1. Preliminary provisions (Section 4-5-101. Definitions). Part 2. Homicide (Section 4-5-201. Homicide.
Section 4-5-202. Aiding or soliciting suicide). Part 3. Assault and related offenses (Section 4-5-301. Assault.
Section 4-5-302. Battery
Section 4-5-303. Aggravated Battery
Section 4-5-304. Making a violent threat.
Section 4-5-305. Harassment: Definition; penalties.
Section 4-5-306. Stalking and Aggravated Stalking; penalties.
Section 4-5-307. Terrorist threats.
Section 4-5-308. Criminal endangerment.
Section 4-5-309. Negligent endangerment.
Section 4-5-310. Fetal Endangerment.
Section 4-5-311. [Reserved]
Section 4-5-312. Elder Abuse
Section 4-5-313. Robbery). Part 4. Unlawful restraint, false imprisonment, or kidnapping (Section 4-5-401. Unlawful Restraint or False Imprisonment.
Section 4-5-402. Kidnapping.
Section 4-5-403. Aggravated unlawful restraint, false imprlsonment, or kidnapping).
Ch. 6. Comprehensive sexual crimes act. Part 1. Preliminary provisions (Section 4-5-101. Definitions). Part 2. Enumeration of offenses (Section 4-6-201. Sexual assault.
Section 4-6-202. Indecent exposure.
Section 4-6-203. Sexual abuse of children.
Section 4-6-204. Lewdness with a child.
Section 4-6-205. Statutory rape.
Section 4-6-206. Failure to register as a sex offender). Part 3. Sexual offender risk of recidivism (Section 4-6-301. Assessment of risk of recidivism.
Section 4-6-302. Levels of notification).
Ch. 7. Offenses within the family. Part 1. Offenses committed against children (Section 4-7-101. Criminal child abuse,
Section 4-7-102. Criminal child neglect.
Section 4-7-103. Criminal child endangerment.
Section 4-7-104. Contributing to the delinquency of a minor.
Section 4-7-105. Neglected Child, Delinquent Child or Child In Need of Supervision;
definitions.
Section 4-7-106. Contributory neglect or Contributory delinquency; penalty). Part 2. Offenses committed against dependent persons (Section 4-7-201. Failure to support dependent person.
Section 4-7-202. Nonsupport of spouse, former spouse or child.
Section 4-7-203. Affirmative defense to nonsupport of spouse, former spouse or child). Part 3. Offenses committed by adults (Section 4-7-301. False statement concerning age or school attendance.
Section 4-7-302. Failure to assure school attendance.
Section 4-7-303. Failure to send child to school.
Section 4-7-304. Custodial interference).
Ch. 8. Crimes against property. Part 1. Preliminary provisions (Section 4-8-101. Definitions). Part 2. Enumeration of offenses (Section 4-8-201. Arson and Reckless burning.
Section 4-8-202. Destruction of property.
Section 4-8-203. Creating a hazard.
Section 4-8-204. Allowing disorderly premises.
Section 4-8-205. Trespass.
Section 4-8-206. Burglary.
Section 4-8-207. Aggravated Burglary
Section 4-8-208. Theft; definitions.
Section 4-8-209. Embezzlement.
Section 4-8-210. Buying or receiving stolen goods.
Section 4-8-211. Doing business without a license.
Section 4-8-212. Forgery.
Section 4-8-213. Criminal simulation. Section 4-8-214. Deceptive business practices.
Section 4-8-215. Deceptive practices.
Section 4-8-216. Fraud).
Ch. 9. Offenses against public administration. Part 1. Enumeration of offenses (Section 4-9 101. Bribery.
Section 4-9-102. Improper influence in official matters.
Section 4-9-103. Impersonating a public servant.
Section 4-9-104. Giving False reports or information to law enforcement officers.
Section 4-9-105. Official misconduct.
Section 4-9-106. Unofficial misconduct.
Section 4:9-107. Misuse of Tribal money or property.
Section 4-9-108. Perjury or Subornation of Perjury.
Section 4-9-109. False swearing.
Section 4-9-109.5. False affidavit or complaint to effect arrest or search.
Section 4-9-109.6. Law Enforcement officer exceeding authority in execution of search
warrant.
Section 4-9-11O. Preventing or dissuading person from testifying or producing evidence.
Section 4-9-110.5. Bribing or intimidating witness to influence testimony.
Section 4-9-111. Offering false evidence.
Section 4-9-111.5. Destroying evidence.
Section 4-9-112. Tampering with public records.
Section 4-9-1125. Intentional destruction of legal or other notices
Section 4-9-113. Obstructing governmental functions.
Section 4-9-114. Resisting arrest.
Section 4-9-115. Interfering with law enforcement procedures.
Section 4-9-115.5. Filing false or fraudulent complaint or allegation of misconduct against
Law Enforcement officer. Section 4-9-116. Obstruction of justice. Section 4-9-117. Escape. Section 4-9-118. Failure to appear. Section 4-9-119. Failure to obey lawful order of the court. Section 4-9-120. Contempt).
Ch. 10. Offenses against public order and safety. Part 1. Enumeration of offenses (Section 4-10-101. Disorderly conduct.
Section 4-10-102. Public nuisance.
Section 4-10-103. Littering.
Section 4-10-104. Rioting. Section 4-10-105. Loitering.
Section 4-10-106. Rigging a contest.
Section 4-10-107. Fireworks offense.
Section 4-10-108. Possession of Alcoholic Beverages or Other Intoxicating Substances.
[Eff.12/15/04)
Section 4-10-109. Civil Protective Custody).
Ch. 11. Offenses against public morality and decency. Part 1. Enumeration of offenses (Section 4-11-101. Prostitution.
Section 4-11-102. Spreading venereal disease.
Section 4-11-103. Knowingly engaging in conduct reasonably likely to transfer HIV.
Section 4-11-104. Violation of privacy).
Ch. 12. Weapons offenses. Part 1. Preliminary provisions (Section 4-12-101. Definitions.
Section 4-12-102 Confiscation of unlawful weapons by Tribal Police). Part 2. Enumeration of offenses (Section 4-12-201. Carrying a concealed weapon.
Section 4-12-202. Possession or manufacture of short-barreled rifle or shotgun.
Section 4-12-203. Unlawful discharge or display of a firearm.
Section 4-12-204. Carrying a firearm while unlawfully using or being under the influence
of a controlled, prohibited, or intoxicating substance.
Section 4-12-205. Possession of firearm or other dangerous weapon.
Section 4-12-206. Destructive devices prohibited.
Section 4-12-207. Possession of altered firearm.
Section 4-12-208. Use of firearms by children under 14 years of age.
Section 4-12-209. Aiming a firearm at a person).
Ch. 13. Drug offenses. Part 1. Preliminary provisions (Section 4-13-101. Definitions). Part 2. Enumeration of offenses (Section 4-13-201. Possession of controlled, prohibited, or intoxicating substances.
Section 4-13-202. Sales of controlled, prohibited, or intoxicating substances.
Section 4-13-203. Use of controlled, prohibited, or intoxicating substances.
Section 4-13-204 Under the Influence of controlled, prohibited, or intoxicating substances.
Section 4-13-205. Sale or Possession of Imitation controlled or prohibited substances.
Section 4-13-206. Possession of drug paraphernalia.
Section 4-13-207. Manufacture or delivery of drug paraphernalia.
Section 4-13-208. Inhaling toxic vapors.
Section 4-13-209. Possession of tobacco by persons under the age of 18.
Section 4-13-210. Sale of tobacco products to minors prohibited.
Section 4-13-211. Civil Infractions Under Part 2).
Title 5. Traffic Code
Ch. 1. General provisions. Section 5 -1-101. Purpose. Section 5-1-102. Definitions. Section 5-1-103. Jurisdiction. Section 5-1-104. Powers of Tribal Police. Section 5-1-105. Duties of Drivers and Owners. Section 5-1-106. Report of Stolen and Recovered Motor Vehicles.
Ch. 2. Criminal offenses. Part 1. Enforcement (Section 5-2-101. Enforcement Procedures). Part 2. Offenses (Section 5-2-201. Driving Under the Inflnence of Alcohol or Controlled Substance. Section 4-2-202. Required Breath Tests. Section 5-2-203. Minor Driving with Specific Alcohol Concentration. Section 5-2-204. Driving While License is Suspended or Revoked. Section 5-2-205. Driving Without Required Insurance. Section 5-2-206. Reckless Driving. Section 5-2-207. Speed Contests. Section 5-2-208. Unauthorized Use of Motor Vehicle. Section 5-2-209. Vehicular Assault. Section 5-2-210. Open Container. Section 5-2-211. Duty to Stop at Scene Involving Death or Personal Injuries. Section 5-2-212. Duty to Stop at Scene Involving Damage to Vehicle or Other Property. Section 5-2-213. Duty to Give Information and Render Aid. Section 5-2-214. Immediate Notice of Accidents. Section 5-2-215. Written Reports of Accidents. Section 5-2-216. Duty Upon Striking Unattended Vehicle or other Property). Part 3. Additional Penalties (Section 5-2-301).
Ch. 3. Civil offenses. Part 1. General provisions (Section 5-3-101. Civil Jurisdiction. Section 5-3-102. Penalties. Section 5-3-103. Standard of Proof). Part 2. Enforcement (Section 5-3-201. Enforcement Procedures).
Part 3. Equipment (Section 5-3-301. Equipment requirements. Section 5-3-302. Headlights and Taillights. Section 5-3-303. Brake lights. Section 5-3-304. Backup lights. Section 5-3-305. Turn signals. Section 5-3-306. Brakes. Section 5-3-307. Windshields. Section 5-3-308. Horns. Section 5-3-309. Tires. Section 5-3-310. Mufflers. Section 5-3-311. Rearview mirrors. Section 5-3-312. Penalties).
Part 4. Operator Violations
(Section 5-3-401. Speeding. Section 5-3-402. Driving on Wrong Side of the Road. Section 5-3-403. Depositing Matter Upon the Street, Highway or Road. Section 5-3-404. Unlawfnl Passing. Section 5-3-405. Failure to Signal. Section 5-3-406. Improper U Turn. Section 5-3-408. Failure to Yield Right-of-Way to Emergency Vehicles. Section 5-3-409. Improper Passing of a School Bus. Section 5-3-410. Failure to Obey Traffic Control Signs and Signals. Section 5-3-411. Registration Offenses. Section 5-3-412. Driver's License Offenses. Section 5-3-413. Driving Through Funeral Procession Prohibited. Section 5-3-414. Following Too Close. Section 5-3-415. Negligent Injury to Animals on the Road. Section 5-3-416. Mechanical Repair Work. Section 5-3-417. Permitting Unauthorized Minor to Drive. Section 5-3-418. Failure to Obey Flagman. Section 5-3-419. Unattended Vehicle. Section 5-3-420. Opening and Closing Doors. Section 5-3-420. Opening and Closing Doors. Section 5-3-421. Locked Vehicle. Section 5-3-422. Loads on Vehicles. Section 5-3-423. Applicability of Traffic Code to Off-Road Vehicles. Section 5-3-424. Regulations for Off-Road Operation of Vehicles. Section 5-3-425. Restricted Areas. Section 5-3-426. Permitted Use Areas. Section 5-3-427. Pedestrian Crossing and Right-of-Way. Section 5-3-428. Stopping, Standing and Parking Prohibited. Section 5-3-428. Parking Space Designated for Handicapped. Section 5-3-430. Loading Zones).
Part 5. Safety Violations
(Section 5-3-501. Safety Inspection. Section 5-3-502. Operation or Sale of Unsafe Vehicles. Section 5-3-503. Child Riding in Motor Vehicle. Section 5-3-504. Safety Restraint Required. Section 5-3-505. Helmet Required. Section 5-3-506. Responsibility of Parent of Minor).
Part 6. Bicyclist Duties and Violations
(Section 5-3-601. Traffic Code Applies to Persons Riding Bicycles. Section 5-3-602. Operation of Bicycles on Roadway. Section 5-3-603. Duty to Exercise Reasonable Care. Section 5-3-603. Equipment. Section 5-3-604. Clinging to Another Vehicle on Roadway Prohibited).
Part 7. Roadblocks
(Section 5-3-701. Administrative Roadblock. Section 5-3-702. Temporary Roadblock).
Part 8. Habitual Traffic Offenders
(Section 5-3-801. Suspension of Privilege to Drive and Penalties for Habitual Traffic Offenders).
Title 6. Family Code
Ch. 1. Youth offenders. Part 1. General Provisions (Section 6-1-101. Purpose.
Section 6-1-102. Definitions.
Section 6-1-103. Jurisdiction). Part 2. Transfer of Jurisdiction to Tribal Court
(Section 6-1-201. Motion to transfer jurisdiction.
Section 6-1-202. Transfer hearing.
Section 6-1-203. Standard of proof.
Section 6-1-204. Deciding factors.
Section 6-1-205. Transfer order).
Part 3. Youth Court Procedure
(Section 6-1-301. Evidence not used in other proceedings.
Section 6-1-302. -Rules of procedure.
Section 6-1-303. Confidentiality).
Part 4. Youth Court Authority
(Section 6-1-401. Scope of Youth Court authority.
Section 6-1-402. Powers and duties of the Youth Court.
Section 6-1-403. Additional Youth Court personnel).
Part 5. Procedure for Taking a Youth Offender into Custody
(Section 6-1-501. Taking a youth into custody.
Section 6-1-502. Advisement of reasons for custody and rights.
Section 6-1-503. Notification and advisement to parent, guardian or custodian.
Section 6-1-504. Release and delivery from custody.
Section 6-1-505. Review for need of continued custody).
Part 6. Detention Hearings
(Section 6-1-601. When detention hearing required.
Section 6-1-602. Purpose of detention hearing.
Section 6-1-603. Notice of detention hearing.
Section 6-1-604. Notification of rights at detention hearing.
Section 6-1-605. Court findings at detention hearing.
Section 6-1-606. Rehearing of detention matter). Part 7. Youth Offender Complaints
(Section 6-1-701. Contents of complaint.
Section 6-1-702. Filing complaints.
Section 6-1-703. Disposition of complaints.
Section 6-1-704. Report of disposition of complaints).
Part 8. Consent Decrees
(Section 6-1-801. Availability of Consent Decrees.
Section 6-1-802. Youth's objection to Cousent Decree.
Section 6-1-803. Duration of Consent Decree.
Section 6-1-804. Failure to fulfill terms and conditions.
Section 6-1-805. Dismissal of petition).
Part 9. Informal Conference, Mediation or Conflict Resolution Gathering
(Section 6-1-901. Procedure at informal conference, mediation or conflict resolution
gathering.
Section 6-1-902. Disposition following Review Hearing).
Part 10. Youth Offender Petitions.
(Section 6-1-1001. Contents of petitions.
Section 6-1-1002. Service of petitions).
Part 11. Youth Offender Proceedings
(Section 6-1-1101. Admit-Deny Hearing.
Section 6-1-1102. Adjudicatory Hearing.
Section 6-1-1103. Pre-disposition reports.
Section 6-1-1104. Dispositional Hearing.
Section 6-1-1105. Modification, revocation and termination of Dispositional Orders).
Part 12. School Attendance
(Section 6-1-1201. Required school attendance and unexcused absences.
Section 6-1-1202. Conditions under which child deemed truant.
Section 6-1-1203. Truancy Notices.
Section 6-1-1204. Taking absent children into custody.
Section 6-1-1205. Habitual truancy.
Section 6-1-1206. Habitual truant petitions.
Section 6-1-1207. Decree of habitual truancy.
Section 6-1-1208. Effect of habitual truancy decree).
Ch. 2. Child dependency. Part 1. General Provisions
(Section 6-2-101. Purpose.
Section 6-2-102. Intent.
Section 6-2-103. Tribal Presenter.
Section 6-2-104. Definitions).
Part 2. Jurisdiction and Transfer of Jurisdiction
(Section 6-2-201. General jurisdiction.
Section 6-2-202. Jurisdiction over extended family.
Section 6-2-203. Continuing jurisdiction.
Section 6-2-204. Application of the Indian Child Welfare Act.
Section 6-2-205. Transfer to state court or other tribal court.
Section 6-2-206. Transfer from other courts.
Section 6-2-207. Procedures for transfer from state court.
Section 6-2-208. Transfer of jurisdiction.
Section 6-2-209. Intervention in state court proceedings).
Part 3. General Procedures and Authorizations.
(Section 6-2-301. Records maintenance and confidentiality.
Section 6-2-302. Appeal.
Section 6-2-303. Cooperation and grants.
Section 6-2-304. Contracts).
Part 4: Reporting and Investigation
(Section 6-2-401. Duty to report.
Section 6-2-402. Persons specifically required to report.
Section 6-2-403. Immunity from liability for good faith reports; penalties for bad faith
reports.
Section 6-2-404. Confidentiality and admissibility of reports.
Section 6-2-405. Initial reports made to Tribal Police; investigation by Tribal Police.
Section 6-2-406. Initial reports made to Tribal Social Services.
Section 6-2-407. Written intake report.
Section 6-2-408. Investigation by Tribal Social Services.
Section 6-2-409. Waiver of parental consent.
Section 6-2-410. Final written report). Part 5. Emergency Protective Care
(Section 6-2-501. Authorization and duties of Tribal Social Services and Tribal Police.
Section 6-2-502. Procedure upon removal of a child.
Section 6-2-503. Placement preferences.
Section 6-2-504. Probable Cause Hearing).
Part 6. Child In Need of Care Petitions and Proceedings.
(Section 6-2-601. Initiation of proceedings petition; hearings conducted in closed court
Section 6-2-602. Guardian Ad Litem.
Section 6-2-603. Notice.
Section 6-2-604. Intervention.
Section 6-2-605. Initial Hearing.
Section 6-2-606. Requirements for adjudication as Child in Need of Care.
Section 6-2-607. Adjudicatory Hearing.
Section 6-2-608. Temporary Dispositional Hearing.
Section 6-2-609. Final Dispositional Hearing.
Section 6-2-610. Diversion to informal resolution).
Part 7. Termination or Suspension of Parental Rights (Section 6-2-701. General provisions.
Section 6-2-702. Petitions for involuntary snspension or termination of parental rights.
Section 6-2-703. Requirements for involuntary suspension or termination of parental
rights.
Section 6-2-704. Action on petition for involuntary suspension or termination of parental
rights.
Section 6-2-705. Voluntary suspension or termination of parental rights.
Section 6-2-706. Petition for formal custodianship.
Section 6-2-707. Court proceedings on petition for cnstodianship.
Section 6-2-708. Termination offormal custodianship.
Section 6-2-709. Creation of informal custodianship).
Title 8. Probate [Not available]
Title 9. Domestic Relations
Part 9-10. Marriage (Section 9-10-010. Scope. Section 9-10-020. Consent. Section 9-10-030. Ability to consent. Section 9-10-040. Court orders. Section 9-10-050. Marriage licenses. Section 9-10-060. Validity of licenses issued outside this jurisdiction. Section 9-10-070. Marriage ceremonies. Section 9-10-080. Certificates of marriage. Section 9-10-090. Marriages entered into outside this jurisdiction. Section 9-10-100. Marriages entered into prior to the adoption of this title). Part 9-20. Indian custom marriage and divorce (Section 9-20-010. Scope. Section 9-20-020. Validity of Indian custom marriages. Section 9-20-030. Certificates of Indian custom marriage. Section 9-20-040. Indian custom divorce or dissolution. Section 9-20-050. Property rights). Part 9-30. Rights of husband and wife (Section 9-30-010. Scope. Section 9-30-020. Community property. Section 9-30-030. Separate property. Section 9-30-040. Community debts. Section 9-30-050. Separate debts. Section 9-30-060. Individual property agreements. Section 9-30-070. Property exempted from regulation by this Chapter 9-30). Part 9-40. Void marriages (Section 9-40-010. Definition. Section 9-40-020. Marriages which are void. Section 9-40-030. Court declaration of voidness. Section 9-40-040. Jurisdiction of the Tribal Court to declare marriages void. Section 9-40-050. Annulment. Section 9-40-060. Forms of petition. Section 9-40-070. Property and debts of void marriages. Section 9-40-080. Children of void marriages. Section 9-40-090. Damages. Section 9-40-100. Filing of order). Part 9- 50. Annulment (Section 9-50-010. Reasons for annulment of marriages. Section 9-50-020. Jurisdiction of the Tribal Court. Section 9-50-030. Commencement of annulment actions. Section 9-50-040. Procedure. Section 9-50-050. Form of complaint. Section 9-50-060. Effect of an order of annulment. Section 9-50-070. Alimony not awarded. Section 9-50-080. Damages. Section 9-50-090. Filing of annulment orders). Part 9-60. Dissolution of marriage (Section 9-60-010. Reasons for dissolution. Section 9-60-020. Jurisdiction of the Tribal Court. Section 9-60-030. Procedure. Section 9-60-040. Form of complaint. Section 9-60-050. Evidence considered. Section 9-60-060. Alimony. Section 9-60-070. Division of property and debts. Section 9-60-080. Effect. Section 9-60-090. Filing of orders. Section 9-60-100. Tribal custom divorce). Part 9-70. Custody and support of children (Section 9-70-010. Nature of action. Section 9-70-020. Proper parties to commence action. Section 9-70-030. Procedure. Section 9-70-040. Form of petition. Section 9-70-050. Standards to be applied and evidence considered in determining custody. Section 9-70-060. Visitation rights. Section 9-70-070. Support obligations. Section 9-70-080. Modification of support and custody orders. Section 9-70-090. Enforcement of support orders. Section 9-70-100. Filing and service of custody and support orders). Part 9-80. Determination of parenthood (Section 9-80-010. Purpose and applicability. Section 9-80-020. Proper parties to bring action. Section 9-80-030. Procedure. Section 9-80-040. Form of petition. Section 9-80-050. Admissible evidence. Section 9-80-060. Effect of decree. Section 9-80-070. Filing of decrees). Part 9-90. Adoption of minor children (Section 9-90-010. Scope. Section 9-90-020. Procedure. Section 9-90-030. Form of petition. Section 9-90-040. Affidavit of consent. Section 9-90-050. Standards applied and evidence considered. Section 9-90-060. Temporary decrees of adoption. Section 9-90-070. Effect of entry of decree. Section 9-90-080. Records of adoption. Section 9-90-090. Right to tribal membership). Part 9-100. Adoption of adults (Section 9-100-010. Scope. Section 9-100-020. Consents. Section 9-100-030. Procedure. Section 9-100-040. Forms of petition. Section 9-100-050. Effect of entry of decree. Section 9-100-060. Filing of decrees). Part 9-110. Guardianship (Section 9-110-010. Scope. Section 9-110-020. Commencement of the action. Section 9-110-030. Procedure. Section 9-110-040. Form of petition. Section 9-110-050. Standards applied. Section 9-110-060. Selection and approval of guardians. Section 9-110-070. Duties of a guardian. Section 9-110-080. Costs and fees. Section 9-110-090. Posting of bond. Section 9-110-100. Change of guardian. Section 9-110-110. Review of guardianships. Section 9-110-120. Termination of guardianships. Section 9-110-130. Temporary guardianships. Section 9-110-140. Filing of guardianships).
ORDINANCES, RESOLUTIONS & ADMINISTATIVE ORDERS:
Animal Control Ordinance No. 10B
Section 1-1-1. Definitions. Section 1-1-2. Restraining Animals and Aggressive Dogs. Section 1-1-3. Disturbances, Spayed Dogs, and Exotic Animals. Section 1-1-4. Causing or Allowing Animals to Fight. Section 1-1-5. Cruelty to Animals. Section 1-1-6. Vicious Dog or Vicious Breed of Dog. Section 1-1-7. Keeping of Livestock. Section 1-1-8. Duty of Owner of Dog Found Harassing Animals. Section 1-1-9. Marauding Dog. Section 1-1-10. Identification and Registration. Section 1-1-11. Vaccination Required. Section 1-1-12. Limitation on Number of Dogs and Cats Allowed. Section 1-1-13. Seizure of Dogs - Penalties for Running at Large. Section 1-1-14. Police Animals. Section 1-1-15. Poisoning or Attempting to Poison Animals. Section 1-1-16. Enforcement Against Persons Subject to Tribal Jurisdiction. Section 1-1-16. Repealer. (Approved August 15, 2001).
Bail Schedule 2007-01
Family Protection Ordinance No. 48
Section 1-1-1. Purpose. Section 1-1-2 Definitions. Section1-1-3. Crime of Domestic Violence. Section 1-1-4. Arrest. Section 1-1-5. Police Investigation Reports. Section 1-1-6. Seizure of Weapons. Section 1-1-7. Prohibited Possession of Firearms. Section 1-1-8. Treatment. Section 1-1-9. Police Officer Duties and Notice to Victims. Section 1-1-10. Good Faith Immunity. Section1-1-11. Spousal Privileges Inapplicable in Criminal Proceedings. Section 1-1-12. Protection Order. Section 1-1-13. Court Relief. Section 1-1-14. Full Faith and Credit for Foreign Orders. Section 1-1-15. Custody of Children. Section 1-1-16. Savings and Repealer.
Foreclosure and Eviction Ordinance No. 49
Section 1-1-1. Purpose. Section 1-1-2. Definitions. Section 1-1-3. Lien Property. Section 1-1-4. Recording of Mortgage Loan Documents. Section 1-1-5. Foreclosure Proceedings. Section 1-1-6. Foreclosure Complaint and Summons. Section 1-1-7. Service of Process and Procedures. Section 1-1-8. Cure of Default. Section 1-1-9. Judgment and Remedy. Section 1-1-10. Foreclosure Evictions. Section 1-1-11. No Merger of Estates. Section 1-1-12. Certified Mailing to Colony. Section 1-1-13. Intervention. Section 1-1-14. Appeals.
Gang Ordinance No. 39A
Section 1. Criminal Gang Defined. Section 2. Criminal Conduct Defined. Section 3. Criminal Gang Activity Prohibited. Section 4. Use of Threat or Violence to Coerce Gang Membership. Section 5. Minors. Section 6. Responsibility of Parent. Section 7. Discharge of a Firearm from a Motor Vehicle. Section 8. Other Crimes. Section 9. Non-Indians. Section 10. Repealer. Section 11. Savings Clause.
Resolution Adopting Title I Section 1-30-060 Liability Limitation
Revised Liquor Control Ordinance No. 14A
Section 1. Introduction. Section 2. General Provisions. Section 3. Liquor Control Commission. Section 4. Sales of Liquor. Section 5. Licensing. Section 6. Prohibited Ativities; Enforcement. Section 7. Severability, Repeal of Prior Acts, Sovereign Immunity.