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Tohono O'odham - Tribal Code

Most Recent Update Received: August 2023

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.

Table of Contents

Title 1 - General Provisions

Chapter 1 - Construction: Section 1101 Severability
Chapter 2 - Sovereign Immunity; Legislative Immunity
Chapter 3 - Government Comment Guidelines
Chapter 4 - Appointed Officers

Title 2 - Agriculture and Livestock

Chapter 1 - Tohono O'odham Farming Authority
Tohono O'odham Farming Authority Second Restated Plan of Operation, as approved and adopted pursuant to Resolution No. 99-060
Chapter 2 - Rodeo and Fair
Rodeo and Fair Association Ordinance, Ordinance No. 4, as amended
Chapter 3 - [Reserved] - [formerly Brand Recording]
Chapter 4 - Livestock Owners
Chapter 5 - Livestock Buyers
Chapter 6 - [Reserved] - [formerly Control of Livestock: Livestock Board]

Title 3 - Children

Chapters 1-3 - Children's Code
Children's Code of the Tohono O'odham Nation, Resolution No. 13-166
Chapter 1 - Children's Civil
Chapter 2 - Juvenile Justice
Chapter 3 - Effect of Children's Code
Chapter 4 - Juvenile Curfew
Juvenile Curfew Ordinance, Ordinance No. 96-001

Title 4 - Civil Actions

Chapter 1 - Civil Actions
Papago Law and Order Code Chapter 2,"Civil Actions," as amended
Chapter 2 - Removal and Exclusion of Nonmembers
Removal and Exclusion of Non-Members,Ordinance No. 97-02
Chapter 3 - Garnishment Law
Enacted by Resolution No. 17-040 effective October 1, 2017.
Chapter 4 - Violating a Public Health Measure
Amended by Resolution No. 21-475 effective December 20, 2021 to extend 4 T.O.C. Chapter 4 – Violating a Public Health Measure to automatically repeal on December 31, 2022.

Title 5 - Commerce

Chapter 1 - Business Transactions
To Regulate the Conduct of Business upon the Papago Reservations,Ordinance No. 14, as amended
Chapter 2 - Photographing Permits
Ordinance No. 34
Chapter 3 - Traders Licensing
Ordinance No. 3
Chapter 4 - Tow Truck Regulations and Requirements
Enacted by Resolution No. 20-307 on September 18, 2020 with an effective date of February 1, 2021

Title 6 - Courts

Chapter 1 - Courts and Procedures
Resolution No.16-022 adopted the “Master Jury List Amendments” adding new Section 1215 (provides for the creation and maintenance of a master jury list) effective January 21, 2016.
Chapter 2 - [Reserved] - [formerly Papago Tribal Courts]
Chapter 3 - Rules of Court
Chapter 4   Suspension of Judges

Title 7 - Crimes

Chapter 1 - Criminal Code
Resolution No. 17-021 amended Criminal Code Chapter 1, Section 3.4 Criminal Trespass (to clarify that a Nation’s member entering a district while banished and after receiving notice of the banishment may be prosecuted for Criminal Trespass) effective January 20, 2017.
Chapter 2 - Extradition
Tohono Oodham Nation Extradition Ordinance, Ordinance No. 03-02

Chapter 3 - Sex Offender Registration and Notification
Chapter 4 - Victims' Rights

Title 8 - Culture

Chapter 1 - Archaeological Resources Protection
Archaeological Resources Protection Ordinance, Ordinance No. 06-84
Chapter 2 - Repatriation

Title 9 - Domestic Relations

Chapter 1 - Domestic Relations
Papago Law and Order Code Chapter 3, Domestic Relations, as amended

Title 10 - Economic Development

Chapter 1 - Economic Development Authority
The "Economic Development Authority of the Tohono Oodham Nation Amended and Restated Charter and Plan of Operation," as adopted by Resolution No. 01-141, as amended and renamed
Chapter 2 - Community Development Financial Institution
Charter for the Community Development Financial Institution of the Tohono Oodham Nation, as adopted by Resolution No. 04-103

Title 11 - Education

Chapter 1 - Tohono O'odham Community College
Charter of the Tohono Oodham Community College, Ordinance No. 98-01
Chapter 2 - School Age Attendance
Ordinance No. 11, as amended
Chapter 3 - Youth Council
Bylaws of the Tohono O'odham Nation Youth Council, as adopted by Resolution No. 06-053

Title 12 - Elections

Chapter 1 - Elections
Amended by Resolution No. 18-366, “Adopting 2018 Amendments to 12 Tohono O’odham Code Chapter 1 – Elections” (to address political signage, to clarify the referendum petition and pamphlet, to prescribe the qualifications of candidates, to simplify absentee ballot requests, to address Election Board membership, to address the declaration of candidacy timeframes, and to add a disqualification from office provision after removal) effective September 18, 2018.

Title 13 - Employment

Chapter 1 - Employment Rights
Amended by Resolution No. 20-434 (adds new Section 1103, “Employment Discrimination Prohibited”) effective December 14, 2020.
Chapter 2 - Prevailing Wages
Adopting a Wage Determination for Construction Projects within the Boundaries of the Tohono O odham Nation, Resolution No. 08-186
Chapter 3 - Whistleblower Protection Law
Enacted by Resolution No. 23-225 on June 26, 2023 with an effective date of October 20, 2023.

Title 14 - Enrollment

Chapter 1 - Enrollment Ordinance
Amended by Resolution No. 17-197 to delete automatic hearing for membership applications that are recommended for rejection, amend sponsorship definition, identify confidential documents, and provide base roll additions process, effective May 15, 2017.

Title 15 - Environment

Chapter 1 - Solid Waste Management
Tohono Oodham Solid Waste Management Code, as adopted by Resolution No. 97-041, as amended
Chapter 2 - Soil and Water Conservation District
Formation of Soil and Water Conservation District of the Tohono Oodham Nation, Ordinance No. 02-86
Chapter 3 - Interim Pesticide Protocol
Interim Pesticide Control Protocol, as adopted by Resolution No. 02-558
Chapter 4 - Cactus Removal
Ordinance No. 1
Chapter 5 - Rock, Shrub, and Plant Removal
Ordinance No. 31
Chapter 6 - Woodcutting
Ordinance No. 16
Chapter 7 - Emergency Planning and Community Right-to-Know
Ordinance No. 98-02

Title 16 - Gaming

Chapter 1 - Regulation of Gaming Activities
Ordinance for the Regulation of Gaming Activities Within the Tohono O'odham Nation, Ordinance No. 93-01, as amended
Chapter 2 - Gaming Enterprise
Amended to add Section 7(g) Prohibition on Gifts to Elected Officers and Employees, as approved by Resolution No. 23-293 effective August 8, 2023.
Chapter 3 - O'odham Voice on the Use of Gaming Revenues
Oodham Voice on Use of Gaming Revenues, Initiative No. IN-01-97

Title 17 - Health and Safety

Chapter 1 - Adult Protection
Tohono Oodham Adult Protection Ordinance, Ordinance No. 03-03, as adopted by Resolution No. 03-389
Chapter 2 - Nursing Care Authority
First Amendment to the Amended and Restated Charter of the Tohono O odham Nursing Care Authority
Chapter 3 - Restaurant Sanitation Regulations
Regulations Governing Sanitation of Eating and Drinking Establishments,Ordinance No. 38
Chapter 4 - Fireworks
Papago Fireworks Safety Ordinance,Ordinance No. 07-82
Chapter 5 - Boxing and Unarmed Combat
Article 1 - Boxing and Unarmed Combat
Article 2 - Boxing Regulations
Article 3 - Unarmed Combat Regulations
Chapter 6 - Involuntary Commitment [Reserved]
Chapter 7 - Animal Control
Chapter 8 - Research Code

Title 18 - Housing and Construction

Chapter 1 - Tohono O'odham Ki:ki Association
Establishment of Tohono Oodham Ki:ki Association, Ordinance No. 98-03, as amended
Chapter 2 - Vi-ikam Doag Industries
Charter of the Vi-ikam Doag Industries, Inc., Ordinance No. 1-84, as amended
Chapter 3 - Building Codes
Building Codes, as adopted by Resolution No. 13-168
Chapter 4 - Housing Code
Amended by Resolution No. 15-212 (adopting May 2015 amendments) effective June 3, 2015, provided that the amendment deleting Article 6 is applicable only in a district adopting a resolution making that amendment applicable within its boundaries.
Chapter 5 - Residential Land Leases for Leasehold Mortgages
Resolution No. 15-211, effective June 3, 2015.

Title 19 - Land

Chapter 1 - Agricultural and Range Trespass
Tohono Oodham Agricultural and Range Resource Management Trespass Ordinance, Ordinance No. 03-01
Chapter 2 - Nonmember Land Leases
To Regulate the Use and Occupancy of Tribal Lands by Non-members of the Papago Tribe, Ordinance No. 15, as amended
Chapter 3 - Distribution of Lease Proceeds
Article 1 - General Lease Proceeds
Ordinance For the Distribution of Lease Proceeds, Ordinance No. 02-83
Article 2 - Mining Lease Proceeds
Ordinance For the Distribution of Mining Proceeds,Ordinance No. 13-82, as amended
Chapter 4 -Recreation Permits
Article 1 - Nonmember Hunting Permits (Suspended)

Ordinance No. 32 suspended by Resolution No. 15-148, Suspending 19 Tohono O'odham Code Chapter 4, Article 1 - Nonmember Hunting Permits and Establishing Moratorium on Hunting by Nonmembers, effective May 15, 2015. Resolution No. 15-148 will sunset May 17, 2017.

Public Notice: Nonmember Hunting Illegal. [May 21, 2015]

Article 2 - Camping and Picnicking Permits
Ordinance No. 33
Chapter 5 - Escheat
Escheat Ordinance, Ordinance No. 04-83, as amended
Chapter 6 - Nation’s Consent to Commercial Leases and Home Sites Allotments
Enacted by Resolution No. 16-130 effective April 8, 2016

Title 20 - Legal

Chapter 1 - Office of the Attorney General
Amended by Resolution No. 15-492 (increasing from three to ten years the minimum years of experience in the practice of law required for the position of attorney general), effective December 16, 2015.
Chapter 2 - Office of Independent Counsel
Ordinance Defining the Powers, Duties, and Authority of the Office of Independent Counsel, Ordinance No. 03-89

Title 21 - Liquor

Chapter 1 - Alcoholic Beverages Licensing and Control
Alcoholic Beverages Licensing and Control Ordinance, Ordinance No. 05-82 amended by Resolution No. 15-015
Chapter 2 - Alcoholic Beverages Regulations
Amended regulations adopted pursuant to Article IV, Section 2(K) of Ordinance 05-82 by Resolution No. 04-514

Title 22 - Taxation

Chapter 1 - Tobacco Tax
Tobacco Tax Ordinance,Ordinance No. 95-149, as amended
Chapter 2 - Transaction Privilege Tax
Transaction Privilege Tax, Ordinance No. 03-81, as amended

Chapter 3 - General Welfare

Chapter 4 - Tax Administration and Enforcement

Chapter 5 - Hotel Occupancy Tax; Food and Beverage Tax

Title 23 - Traffic Code

Chapter 1 - Traffic
Part 1
Part 2
Part 3
Resolution No. 842, as amended
Chapter 2 - Driving under the Influence
Persons Driving Under the Influence of Intoxicating Liquor or Drugs, Ordinance No. 51
Chapter 3 - Speeding
Enacted by Resolution No. 15-066. Effective June 9, 2015.
Chapter 4 - Seatbelts and Child Restraints
Seatbelt and Child Restraint Laws as Sections of the Traffic Code of the Tohono Oodham Nation, as adopted by Resolution No. 05-438

Title 24 - Utilities and Communications

Chapter 1 - Tohono O'odham Utility Authority
Second Restated Plan of Operation for the Tohono Oodham Utility Authority, as adopted by Resolution No. 91-175
Chapter 2 - Cable Communications
Cable Communications Ordinance, Ordinance No. 04-84

Title 25 - Water

Chapter 1 - Water Trust
Creating Papago P. L. 97-293 Trust, Ordinance No. 03-83
Chapter 2 - District Water Advisory Committee
Adopting Bylaws of District Water Advisory Committee, as adopted by Resolution No. 02-492
Chapter 3 - Tohono O'odham Nation Water Code
Chapter 4 - Implementation Provisions Regarding SAWRSA
Chapter 5 - Water Quality: Establishing Powers in the Tohono O odham Nation to Restrain Water Pollution, Resolution No. 01-244

Title 26 - Finance

Chapter 1 - Finance Code
Article 1 - [Reserved]
Article 2 - [Reserved]
Article 3 - Gaming Revenue Distribution Formula and District Allocation Guidelines
Article 4 - Contracting and Procurement Authority
Article 5 - Fraud Policy
Article 6 - Signatures and Bank Accounts
Chapter 2 - Grants
Amended by Resolution No. 16-149 (to require a department provide written notice of a grant fund application to the Appropriations Committee when providing notice to oversight committees) effective April 20, 2016

Title 27 - Districts

Chapter 1 - Creation of the Hia-Ced District of the Tohono O'odham Nation
The Hia-Ced District was dissolved in its entirety by the Nation's voters effective April 25, 2015 by Initiative INT-01-14, "Dissolution of the Hia Ced District."
Chapter 2 - San Lucy District Boundary Ordinance