COLVILLE TRIBAL LAW AND ORDER CODE

TABLE OF CONTENTS


PREAMBLE


TITLE 1 GENERAL PROVISIONS

CHAPTER 1-1 ADMINISTRATION OF TRIBAL COURT


Preliminary Provisions
1-1-1 Constitutional Authority
1-1-2 Prior Inconsistent Codes and Ordinances Repealed
1-1-3 C. F. R. No Longer Applicable
1-1-4 Amendment of Law and Order Code
1-1-5 Adoption by Reference Not A Waiver of Sovereign Power
1-1-6 Sovereign Immunity
1-1-7 Principles of Construction
Establishment of Court
1-1-40 Establishment of Court
Jurisdiction
1-1-70 "Colville Tribal Court Jurisdiction" Defined
1-1-71 Concurrent Jurisdiction
Appointment and Removal of Judges
1-1-100 Number of Judges, Bonding
1-1-101 Appointment, Compensation and Term
1-1-102 Judicial Cooperation
1-1-103 Removal of Judges
1-1-104 Appellate Judges
1-1-105 Magistrates
1-1-106 Judges Pro-tem
General Court Procedures
1-1-140 Sessions of Court
1-1-141 Acting Chief Judge
1-1-142 Rules of the Court, Procedures
1-1-143 Disqualification of Judge
1-1-144 Means to Carry Jurisdiction into Effect
1-1-145 Court Administrator
Spokesmen
1-1-180 Spokesmen Appearing in Tribal Court
1-1-181 Tribal Court Bar - Admission
1-1-182 Spokesman's Oath
1-1-183 Tribal Court Bar Roster
1-1-184 Tribal Court Admission Fee/Annual Fee
1-1-185 Tribal Court Bar - Disbarment
1-1-186 Contempt of Court
Juries
1-1-220 Eligibility of Jurors
1-1-221 Number of Jurors
1-1-222 Challenges
1-1-223 Instructions
1-1-224 Fees
Witnesses
1-1-250 Subpoenas
1-1-251 Fees
1-1-252 Subpoenas - Continued Trial/Hearing
Appellate Proceedings
1-1-280 Court of Appeals
1-1-281 Limitations
1-1-282 Grounds for Appeal
1-1-283 Notice of Appeal
1-1-284 Notice of Appeal; Contents
1-1-285 Stay of Execution
1-1-286 Appellate Court Trial; Procedure
1-1-287 Appellate Court - Qualifications
1-1-288 Appellate Court - Chief Judge
1-1-289 Conflict of Interest Disqualification
1-1-290 Tax Appeals
Clerk and Records
1-1-320 Clerk
1-1-321 Records
1-1-322 Copies of Laws
Definitions
1-1-350 Adult
1-1-351 Agency
1-1-352 Bodily Injury
1-1-353 Child
1-1-354 Code
1-1-355 Tribes
1-1-356 Council
1-1-357 Court
1-1-358 Deadly Weapon
1-1-359 Member
1-1-360 Officer, Police
1-1-361 Person
1-1-362 Reservation
1-1-363 Indian
1-1-364 Indian Tribe
1-1-365 Signature
1-1-366 Time
Relations with the Court
1-1-400 BIA Employees
1-1-401 Contempt of Court
1-1-402 Civil Contempt of Court
Consent to Jurisdiction
1-1-430 Implied Consent
1-1-431 Acts Submitting Person to Jurisdiction of Tribal Court
1-1-432 Personal Service off the Reservation


CHAPTER 1-2 RULES OF COURT


General Rules
1-2-1 Conduct
1-2-2 Time
1-2-3 No Discussion with Jurors
1-2-4 No Discussion with Judge
1-2-5 Trial by Jury; Notice to Court (10-day Rule)
1-2-6 Jury Instructions; When Filed
1-2-7 Withdrawal of Counsel - Criminal
1-2-8 Service on Papers Filed
1-2-9 Omnibus Hearing (Pretrial)
1-2-10 Timely Filing of Motions
1-2-11 Applicable Law
1-2-12 Criminal/Civil Recording Tape Retention
1-2-13 Criminal File Retention
Trial Procedure
1-2-40 Impanelling the Jury
1-2-41 Swearing in Witnesses
1-2-42 Conduct of Trial
1-2-43 Final Argument
Jury Instructions - Judgments
1-2-70 Jury Instructions - Applicable Law
1-2-71 Jury Instructions - Civil
1-2-73 Jury Instructions - Criminal
1-2-74 Jury Instructions by a Party
1-2-75 Jury Instructions - Final
1-2-76 Verdict and Judgment - Jury Trial
1-2-77 Judgment - Non-Jury Trial
1-2-78 Appeal
1-2-79 Stay Pending Appeal; Bonds
1-2-80 Limited Appeals


CHAPTER 1-3 TRIBAL POLICE

Authority over Police Function
1-3-1 Council
1-3-2 Law and Justice Committee
Chief of Police
1-3-30 Duties
Tribal Police Officers
1-3-60 Appointment
1-3-61 Qualifications
1-3-62 Duties
1-3-63 Dismissal of Police
1-3-64 Deputizing
1-3-65 Police Training


CHAPTER 1-4 OFFICE OF THE RESERVATION ATTORNEY

 
1-4-1 Establishment of the Office
1-4-2 Client Relationship and Supervision
1-4-3 Employment and Termination
1-4-4 Terms of Employment
1-4-5 Representation of The Tribes - Sovereign Immunities
1-4-6 Officers of the Tribes - Immunities


CHAPTER 1-5 CIVIL RIGHTS ACT

 
1-5-1 Title
1-5-2 Civil Rights of Persons Within Tribal Jurisdiction
1-5-3 Right of Action
1-5-4 Colville Tribal Court
1-5-5 Sovereign Immunity
1-5-6 Other Law Unaffected
1-5-7 Custom And Tradition To Be Respected
1-5-8 Insurance


CHAPTER 1-6 REVISION OF COLVILLE TRIBAL CODE

 
1-6-1 Purpose
1-6-2 Code Reviser Appointed
1-6-3 Duties of Code Reviser
1-6-4 Conveyance to Code Reviser
1-6-5 Revisions of the Code
1-6-6 Depositories
1-6-7 Distribution

TITLE 2 RULES OF PROCEDURE

CHAPTER 2-1 CRIMINAL ACTIONS


Jurisdiction
2-1-1 Jurisdiction - Generally
2-1-2 Extradition
Criminal Procedure, Generally
2-1-30 Complaints
2-1-31 Limitation on Filing of Complaints
2-1-32 Warrants to Apprehend
2-1-33 Arrests
2-1-34 Hot Pursuit
2-1-35 Search Warrants
2-1-36 Search Without Warrant
Citations
2-1-70 Citation in Lieu of Detention
2-1-71 Citation: Contents
2-1-72 Citation: Effect, Procedure
Arraignments & Pleas; Trial Dates
2-1-100 Arraignment
2-1-101 Reading of Complaint and Defendant's Plea
2-1-102 Time of Trial
2-1-103 Sentencing
2-1-104 Pre-Dismissal Hearing
2-1-105 Deferred Prosecution
2-1-106 Waiver of Speedy Disposition
Bail, Bonds and Fines
2-1-130 Bail and Bonds - Generally
2-1-131 Bail: Personal Recognizance
2-1-132 Bail Schedule
2-1-133 Denial of Bail, Detention
2-1-134 Fine Schedule
Trial Procedure
2-1-170 Prosecution
2-1-171 Evidence
2-1-172 Standard of Proof
2-1-173 Trial by Court
2-1-174 Jury
2-1-175 Lesser Offenses
2-1-176 Sentencing
2-1-177 Other Procedures
2-1-178 Civil Rights
Habeas Corpus
2-1-210 Who May Prosecute Writ
2-1-211 Writ for Purpose of Bail
2-1-212 Application For - How Made
2-1-213 Content of Writ
2-1-214 Service of the Writ
2-1-215 Return, What to Contain
2-1-216 Hearing on Return
2-1-217 Judgment
Reciprocal Criminal Jurisdiction Act - Colville Tribal Members -Members of Other Federally Recognized Tribes
2-1-250 Reciprocal Jurisdiction
2-1-251 Filing


CHAPTER 2-2 CIVIL ACTIONS


Jurisdiction
2-2-1 Jurisdiction Generally
Complaints
2-2-30 Complaints - Elements
2-2-31 Limitation on Filing of Complaint
2-2-32 Filing Fees
2-2-33 Answers
Notification
2-2-70 Notice and Service
2-2-71 Substituted Service
Civil Procedure
2-2-100 Standard of Proof
2-2-101 Jury
2-2-102 Applicable Law
2-2-103 Customs
2-2-104 Other Law
2-2-105 Evidence
Judgments
2-2-140 Judgments - Generally
2-2-141 Judgments - Compensation
2-2-142 Punitive Damages
2-2-143 Costs in Civil Actions
2-2-144 Judgments and Decedents' Estates
2-2-145 Judgments - Duration and Interest
Execution of Judgments
2-2-170 Procedure
2-2-171 Sale of Property
2-2-172 Exemption from Execution
2-2-173 Redemption
2-2-174 Per Capita Payments/Dividends
Judgments of Other Courts
2-2-200 Application
2-2-201 Review by Court
2-2-202 Payment of Judgment

CHAPTER 2-3 INFRACTIONS; FIELD BONDS;
OTHER CIVIL OFFENSES AND FORFEITURES


General Provisions
2-3-1 Definitions
2-3-2 Findings
2-3-3 Purpose
2-3-4 Application and Procedure
2-3-5 Final Judgment
2-3-6 Additional Remedies
Infractions
Issuance\Response
2-3-40 Determination of Identification
2-3-41 Notice of Infraction
2-3-42 Failure to Sign Notice
2-3-43 Response to Notice
Hearings\Remedies
2-3-44 Hearings - Rules of Practice
2-3-45 Liquidated Damages
2-3-46 Liquidated Damage Presumption
2-3-47 Default Judgment
2-3-48 Disposition Of Fees, Penalties, and Damages
2-3-49 Res Judicata/Collateral Estoppel
Field Bonds
2-3-80 Demand for Bond
2-3-81 Bond Notices
2-3-82 Bond Alternatives
2-3-83 Seizure of Contraband
2-3-84 Cash Bond Trust Bond
2-3-85 Bond Property Storage
2-3-86 Involuntary Summary Seizure of Bond Property
Other Civil Violations
2-3-120 Civil Action
2-3-121 Civil Penalty
Forfeiture
2-3-150 Forfeiture, Generally
2-3-151 Search and Seizure of Contraband with Warrant
2-3-152 Search and seizure of Contraband without Warrant
2-3-153 Notice, Hearing, Disposal of Contraband


CHAPTER 2-4 COLVILLE ADMINISTRATIVE PROCEDURES ACT

 
2-4-1 Findings
2-4-2 Definitions
2-4-3 Adoption of Rules of Practice and Procedure--Public Inspection of Agency Orders, Decisions and Opinions
2-4-4 Notices of Intention to Adopt Rules and Opportunity To Submit Data
2-4-5 Emergency Rules and Amendments
2-4-6 Rules Filed with the Secretary and Public Inspection
2-4-7 Statement of Purpose of Rules and How Implemented--Contents--Distribution by Agency
2-4-8 Compilation of Rules and Judicial Notice
2-4-9 Petition for Adoption, Amendment, Repeal of Rules--Agency Action
2-4-10 Declaratory Judgment on Validity of Rule
2-4-11 Declaratory Ruling by Agency
2-4-12 Contested Cases Notice and Procedural Rules
2-4-13 Contested Cases, Rules of Evidence and Cross-Examination
2-4-14 Agency Hearings and Contested Cases--Hearings, Oaths, Subpoenas, Evidence, Witnesses--Contempt.
2-4-15 Contested Cases---Consideration of the Record and Re-Opening
2-4-16 Consultation with Agency Officers Ex Parte Contacts
2-4-17 Contested Cases--Decisions and Orders--Findings and Conclusions--Requests for Reconsideration.
2-4-18 Administrative Appeals--Finality--Exhaustion of Administrative Remedies
2-4-19 Judicial Review of Final Agency Action
2-4-20 Appeal to Colville Tribal Court of Appeals
2-4-21 Provisions Applicable to Licenses, Licensing and Emergency Actions
2-4-22 Severability
2-4-23 General Repeal and Saving
2-4-24 Effective Date
2-4-25 Operation of Chapter If in Conflict with Federal Law
2-4-26 Savings--Authority of Agencies to Comply with Act--Effect of Subsequent Legislation
2-4-27 Administrative Procedure Act Limited in Its Application


CHAPTER 2-5 DEBT SET-OFF

 
2-5-1 General Provisions
2-5-2 Dividend Payment
2-5-3 Wages and Salaries
2-5-4 Severability
2-5-5 Effective Date

TITLE 3 OFFENSES

CHAPTER 3-1 CRIMINAL OFFENSES


Offenses Against the Person
3-1-1 Abduction
3-1-2 Adulteration of Food and Drink
3-1-3 Assault
3-1-4 Battery
3-1-5 Causing or Aiding Suicide
3-1-6 Criminal Homicide
3-1-7 Dangerous Nuisance
3-1-8 Defamation
3-1-9 Indecent Liberties
3-1-10 Rape
3-1-11 Reckless Endangerment
3-1-12 Vehicular Homicide
3-1-13 Weapons, Carrying Concealed
3-1-14 Weapons, Firing
3-1-15 Sexual Offenders - Residence/Activities
Offenses Against Property
3-1-40 Arson
3-1-41 Burglary
3-1-42 Destruction of Advertisement
3-1-43 Embezzlement
3-1-44 Extortion
3-1-45 Failure to Control or Report Fire
3-1-46 Firing Timber
3-1-47 Forgery or Counterfeiting
3-1-48 Fraud
3-1-49 Fraudulent Credit Card Use
3-1-50 Injury to Public Property
3-1-51 Malicious Mischief
3-1-52 Receiving Stolen Property
3-1-53 Removal of Landmarks
3-1-54 Robbery
3-1-55 Theft
3-1-56 Theft of Services
3-1-57 Trespass-Buildings
3-1-58 Trespass-Lands
3-1-59 Unauthorized Use of Vehicle
3-1-60 Unlawful Disposition of Estate Property
3-1-61 Unlawful Fence Cutting
3-1-62 Unlawful Green Timber Cutting
3-1-63 Unlawful Issuance of Bank Check
Offenses Against the Family
3-1-90 Abuse of Vulnerable Adult
3-1-90 Bigamy
3-1-91 Contributing to the Delinquency of a Child
3-1-92 Criminal Non-Support
3-1-93 Distributing Alcohol to a Person Under Twenty-One
3-1-94 Endangering the Welfare of a Child
3-1-95 Failure to Send a Child to School
3-1-96 Incest
Offenses Against the Administration of Government
3-1-120 Bail Jumping
3-1-121 Bribery
3-1-122 Conspiracy to Commit Offense
3-1-123 Disobedience of a Lawful Court Order
3-1-124 Doing Business Without a License
3-1-125 Escape
3-1-126 False Alarm
3-1-127 False Arrest
3-1-128 Impersonating a Public Servant
3-1-129 Intimidation
3-1-130 Intimidation of a Public Officer
3-1-131 Misuse of Public Funds
3-1-132 Obstructing a Governmental Function
3-1-133 Obstructing Justice
3-1-134 Perjury
3-1-135 Refusing to Aid an Officer
3-1-136 Resisting Arrest or Proces
3-1-137 Tampering with Evidence
3-1-138 Tampering with Witness or Juror
Offenses Against Public Morals, Order and Welfare
3-1-170 Cruelty to an Animal
3-1-171 Curfew Violation
3-1-172 Desecration
3-1-173 Disorderly Conduct
3-1-174 Drug Abuse
3-1-175 Definitions
3-1-176 Schedule I
3-1-177 Schedule II
3-1-178 Drug Paraphernalia: Definitions
3-1-179 Prohibited Acts (Manufacture, Cultivate, Deliver): Penalties
3-1-180 Prohibited Acts (Possession): Penalties
3-1-181 Prohibited Acts (Drug Paraphernalia): Penalties
3-1-181 Defenses
3-1-183 Failure to Disperse
3-1-184 Failure to Have Sewer Connection
3-1-185 Gambling
3-1-186 Indecent Exposure
3-1-187 Intoxication
3-1-188 Littering
3-1-189 Obscenity
3-1-190 Possession of an Alcoholic Beverage by a Person Under 21
3-1-191 Use or Possession of Alcoholic Beverages Prohibited-Community Centers
3-1-192 Prostitution
3-1-193 Rigging Games or Exhibitions
3-1-194 Public Nuisance
3-1-195 Riot
3-1-196 Spreading Venereal Disease
3-1-197 Sworn Falsification
3-1-198 Unlawful Possession of Fireworks
3-1-199 Unlawful Discharge of Display of Fireworks
3-1-200 Carrying or Displaying a Weapon
Other Offenses
3-1-230 Violation of Tribal Ordinance
3-1-231 Violation of Federal or State Law
3-1-232 Aiding or Abetting
3-1-233 Attempt
Penalties
3-1-260 Class A Offense
3-1-261 Class B Offense
3-1-262 Class C Offense
3-1-263 Probation
3-1-264 Disposition of Fines
3-1-265 Registration of Sex Offenders
Property Seized as Evidence
3-1-290 Property Seized as Evidence
............. Resolutions


CHAPTER 3-2 EXCLUSION


Purpose
3-2-1 Purpose
Grounds
3-2-30 Who May Be Excluded
3-2-31 Grounds for Exclusion
Procedure
3-2-60 Notice of Proposed Exclusion
3-2-61 Hearing on Exclusion Before Colville Tribal Court
3-2-62 Proceedings for Enforcement of Order of Exclusion
3-2-63 Physical Removal of Trespassers - Emergency
3-2-64 Physical Removal of Trespassers - No Emergency


CHAPTER 3-3 MOTOR VEHICLES


State Motor Vehicle Laws Incorporated
3-3-1 Provisions Incorporated
3-3-2 Amendments
3-3-3 Motor Vehicle Offenses
3-3-4 Driving Without a Valid Driver's License
3-3-5 Driving While License Suspended or Revoked
3-3-6 Negligent Driving
3-3-7 Negligent Driving Lesser Included Offense
3-3-8 Definitions
3-3-9 Inapplicable Provisions
3-3-10 Maximum Speed Limit for Community Centers
3-3-11 Maximum Speed Limit for Trailer Courts
Penalties
3-3-40 Penalties
3-3-41 Procedural Provisions
Implied Consent
3-3-70 Implied Consent--Suspension, Etc. for Refusal to Submit to Chemical Tests to Determine Alcoholic Content of Blood
3-3-71 Occupational Driver's Permit--Petition--Eligibility--Restrictions--Cancellation
3-3-72 Notice to Tribal Police Department
License, Registration and Equipment
3-3-100 Exclusive License and Registration
3-3-101 License and Registration Required
3-3-102 Information Required
3-3-103 Records Maintained
3-3-104 Reciprocity, Exemptions
3-3-105 Fees, Exemptions
3-3-106 Fine
3-3-107 Temporary Tags
3-3-108 Display Instructions
Traffic Infractions
3-3-140 Purpose
3-3-141 Infraction - What Constitutes
3-3-142 Notice of Traffic Infraction - Issuance
3-3-143 Notice of Infraction - Form
3-3-144 Responses to Notice of Infraction
3-3-145 Hearings - Rules of Procedure
3-3-146 Finality
3-3-147 Monetary Deterrent
3-3-148 Collection of Judgments
3-3-149 Monetary Deterrent Schedule


CHAPTER 3-4 CENTRAL RECORDS DEPOSITORY


 
3-4-1 Purpose
3-4-2 Repository
3-4-3 Confidentiality--Disclosure
3-4-4 Providers of Information
3-4-5 Information To Be Provided
3-4-6 Regulations


CHAPTER 3-5 CRIME VICTIM COMPENSATION


 
3-5-1 Name
3-5-2 Definitions
3-5-3 Authority
3-5-4 Intent
3-5-5 Duties of Tribal Prosecuting Attorney
3-5-6 Civil Actions Authorized
3-5-7 Right Of Action for Damages
3-5-8 Complaints
3-5-9 No Right to Jury Trial
3-5-10 Standard of Proof
3-5-11 Statute of Limitations
3-5-12 Notice and Service
3-5-13 Publication
3-5-14 Applicable Law
3-5-15 Evidence
3-5-16 Rules of Court
3-5-17 Judgment
3-5-18 Damages
3-5-19 Punitive Damages
3-5-20 Criminal Penalties
3-5-21 Costs in Civil Actions
3-5-22 Status of Judgments
3-5-23 Revolving Fund
3-5-24 Execution of Judgments
3-5-25 Appeals
3-5-26 Law and Order Code Provisions
3-5-27 Sovereign Immunity
3-5-28 Prior Inconsistent Codes and Ordinances Repealed
3-5-29 Adoption By Reference Not a Waiver of Sovereign Power
3-5-30 Severability
3-5-31 Effective Date


CHAPTER 3-6 FIREWORKS


 
3-6-1 Finding
3-6-2 Definitions
3-6-3 Application for Permit
3-6-4 Investigation and Report on Permit Application
3-6-5 Tribal Council May Deny or Grant Permit
3-6-6 Revocation of Permit
3-6-7 Violations and Punishment
3-6-8 Application
3-6-9 Short Title
3-6-10 Effective Date
3-6-11 Severability


CHAPTER 3-7 CIVIL INFRACTIONS


GENERAL PROVISIONS
3-7-1 Definitions
3-7-2 Duties and Authority of Officers; Warrant not Required
OFFENSES
3-7-30 Trespass
3-7-31 Vandalism
3-7-32 False Reporting
3-7-33 Useor Possession of Alcoholic Beverages at Community Centers
3-7-34 Harssment
3-7-35 Cruelty to Animals
3-7-36 Public Nuisance
3-7-37 Failure to Have Sewer Connection
3-7-38 Fireworks
3-7-39 Littering
3-7-40 Violation of Tribal Law
3-7-41 4th of July Celebration Grounds
Administration of Government
3-7-42 Interference with Judicial Process

TITLE 4 NATURAL RESOURCES AND THE ENVIRONMENT

CHAPTER 4-1 HUNTING AND FISHING


General Provisions
4-1-1 Title
4-1-2 Policy
4-1-3 Legislative Intent
4-1-4 Scope and Coverage
4-1-5 Definitions
Fish and Wildlife Committee; Director, Fish and Wildlife Department; Membership and Responsibilities
4-1-40 Director, Fish and Wildlife Department
4-1-41 Fish and Wildlife Committee; Members; Meetings
4-1-42 General Powers and Duties of the Fish and Game Committee
Fishing, Hunting Eligibility Requirements
4-1-70 Those Eligible to Hunt and Fish
4-1-71 Minors; Treaty Fishing
4-1-72 Biological Personnel
4-1-73 Spouse Identification
Tribal Identification, Gear Identification and Reporting
4-1-100 General Provisions
4-1-101 Tribal Treaty Fishing
4-1-102 Other Identification, Tribal Member Permits
4-1-103 Payment of All Taxes and Fee Required
4-1-104 Reporting
4-1-105 Registration/Identification of Fishing Boats/Gear
On-Reservation, Non-Member Permits
4-1-140 Permit Required
4-1-141 Form and Contents of Permits; Duplicated Permits; Period of Validity
4-1-142 Permit Agreements Required
4-1-143 Particular Permits
4-1-144 Duty to Open
4-1-145 Sale of Permits; Bond of Permit Dealers
4-1-146 Reports and Returns by License Dealers; Penalty for Noncompliance
4-1-147 Revocation and Denial of Right to Obtain Permit: Notice
4-1-148 Obtaining Permit by Fraud or Assignment
4-1-149 Transportation Permits
4-1-150 Shipment by Common Carrier
4-1-151 Guides; Appointment; Licenses; Duties; Reports; Carrying Firearms
Tribal Regulations Procedure
4-1-180 Adoption of Regulations
4-1-181 Inseason Regulations
4-1-182 Inter-Tribal Agreements
4-1-183 Policy Consideration
Tribal Tax (Reserved)
General Fishing and Hunting Provisions, Prohibits to Acts
4-1-240 Closure
4-1-241 Manner of Net Fishing
4-1-242 Test Fishing
4-1-243 Fish Catch Reporting
4-1-244 Sale of Fish
4-1-245 Accidents
4-1-246 Fires
4-1-247 Wild Animals Depredations
4-1-248 Nuisance Animals
4-1-249 Prohibited Acts
General Enforcement Provisions
4-1-280 Jurisdiction
4-1-281 Wildlife as Property of the Colville Tribes
4-1-282 Notice
4-1-283 Civil Complaints
4-1-284 Procedure
4-1-285 Tribal Members; Criminal Sanctions; North Half and Off-Reservation Treaty Fishing, Etc.
4-1-286 Enforcement; Conservation Officers
4-1-287 Warrants, Subpoenas, and Service of Process
4-1-288 Representation of the Tribes in the Action Arising under this Chapter
4-1-289 Contempt
4-1-290 Trespassing
4-1-291 Federal Prosecution
4-1-292 Expulsion
4-1-293 Liquidated Damages Provisions on Reservation Violations
4-1-294 Liquidated Damages Presumption
4-1-295 Punitive Damages
Special In-Field Enforcement Procedures
4-1-330 Searches and Seizures
4-1-331 Determination of Membership
4-1-332 Failure to Identify
4-1-333 Enforcement Procedures: On Reservation
4-1-334 Enforcement Off-Reservation; North Half
4-1-335 Notices to Appear
4-1-336 Notice to Appear - Issuance
4-1-337 Issuance of Citation
4-1-338 Field Bond Procedures
4-1-339 Bond Notices
4-1-340 Bond Alternatives
4-1-341 Seizure of Contraband
4-1-342 Cash Bond Trust Bond
4-1-343 Bond Property Storage
4-1-344 Involuntary Summary Seizure of Bond Property
Trials and Procedures
4-1-370 Resolution Without Court Appearance
4-1-371 Mandatory Court Appearance
4-1-372 Criminal Violations
4-1-373 Disposition of Fees, Forfeitures, Penalties, and Damages: Report
4-1-374 Dispostion of Seized Wildlife and Property
4-1-375 Responses to a Notice to Appear/Citation
4-1-376 Hearings - Rules of Practice
4-1-377 Calculation of Judgment Deterrents
4-1-378 Loss of Treaty Fishing Right
Boating and Water Use Activities
4-1-410 Application
4-1-411 Inspection
4-1-412 Prohibited Operations
4-1-413 Personal Floatation Device
4-1-414 Fire Extinguisher
4-1-415 Additional Safety Equipment
4-1-416 Navigation Lights
4-1-417 Water Skiing
4-1-418 Age Requirements to Operate Motorboat
4-1-419 Duty of Operator Involved in Collision, Accident, or Other Casualty--Immunity from Liability of Person Rendering Assistance
4-1-420 Motorboats Crossing
4-1-421 Overtaking Vessels
4-1-422 Right of Way - Fishing Vessels
4-1-423 General Prudential Rule
4-1-424 Shooting from a Boat
4-1-425 Garbage
4-1-426 Trespassing and Vandalism
4-1-427 Swimming and Bathing
4-1-428 Fires
4-1-429 Property
4-1-430 Incorporation of Fish and Wildlife Chapter/Enforcement
4-1-431 Prohibition of Intoxicants - Designated Tribal Waters Bodies and Shorelines
4-1-432 Prohibiton of Firearms
4-1-433 Shorelines Defined
Trail and off Road Use
4-1-460 Purpose
4-1-461 Penalties
4-1-462 Enforcement
4-1-463 Consent to Tribal Jurisdiction
Off-Rad Vehicles
4-1-490 Definitions
4-1-491 Non-Member ORV Use
4-1-492 Area Closures
4-1-493 Prohibited Acts
4-1-494 Accidents
Non-Member Camping
4-1-520 Findings; Purpose
4-1-521 Closure Policy; Permit Regulations; Public Notice
4-1-522 Interpretation
4-1-523 Definitions
4-1-524 Civil Offenses
4-1-525 Civil Penalties; Liquidated Damages
4-1-526 Enforcement; Adjudication
4-1-527 Consent to Jurisdiction


CHAPTER 4-2 WATERCRAFT REGISTRATION CODE


 
4-2-1 Definitions
4-2-2 Registration and Display of Registration Number and Decal Prerequisite to Ownership or Operation of Vessel - Exceptions
4-2-3 Registration of Vessels Numbered Under the Federal Boat Safety Act
4-2-4 Vessel Registration Required; Exceptions
4-2-5 Issuance of Registration--Agents--Deposit of Fees in General Fund
4-2-6 Application--Registration Fee and Excise Tax--Registration Number and Decal--Registration Periods-- Renewals--Transfer of Registrations
4-2-7 Registration of Dealers--Fee
4-2-8 Certificates of Title
4-2-9 Application for Title Certificate--Oath By Owner
4-2-10 Duplicate Certificates--Replacement Decals--Surrender of Original Certificate or Decal
4-2-11 Duty of Operator Involved in Collision, Accident, or Other Casualty--Immunity from Liability of Person Rendering Assistance
4-2-12 Inspection or Registration--Violation of Ordinance
4-2-13 Use of Vessel in Negligent Manner or While Under the Influence of Alcohol or Drugs Prohibited--Penalty
4-2-14 Rule-Making Authority
4-2-15 Penalties--Disposition of Moneys Collected--Enforcement Authority
4-2-16 Title Certificate System--Legislative Intent--Authority for Rules and Procedures to Establish System
4-2-17 Inspection of Vessels
4-2-18 Department and Tribes Immune from Suit for Administration of Ordinance
4-2-19 Severability


CHAPTER 4-3 LAND USE AND DEVELOPMENT


General Provisions
4-3-1 Title
4-3-2 Authority
4-3-3 Legislative Intent
4-3-4 No Use or Sale of Land or Buildings Except in Conformity with this Title Allowed.
4-3-5 Fees
4-3-6 Computation of Time
4-3-7 Miscellaneous
4-3-8 Zoning Maps
4-3-9 Superiority of Code
4-3-10 Severability
Definitions
Establishment of Zoning Districts
4-3-40 Establishment of Zoning Districts
4-3-41 Zoning Districts
4-3-42 Interpretation of District Boundaries
4-3-43 Statement of Purpose, Intent and Permitted Uses
4-3-44 Residential District
4-3-45 Commercial District
4-3-46 Rural District
4-3-47 Forestry District
4-3-48 Game Reserve District
4-3-49 Industrial District
4-3-50 Wilderness District
4-3-51 Special Requirement District
Administrative Mechanisms
4-3-80 The Land Use Review Board
4-3-81 Planning Director and Land Use Administrator
4-3-82 Colville Business Council
Permits and Final Plat Approval
Zoning, Special Use, and Conditional Use Permits
4-3-110 Permits Required
4-3-111 No Occupancy, Use, or Sale of Lots until Requirements Fulfilled
4-3-112 Who May Submit Permit Applications
4-3-113 Applications to Be Complete
4-3-114 Staff Consultation Before Formal Application
4-3-115 Staff Consultation after Application Submitted
4-3-116 Zoning Permits
4-3-117 Authorizing Use or Occupancy Before Completion of Development under Zoning Permit
4-3-118 Special-Use Permits and Conditional-Use Permit
4-3-119 Review Board Hearings Burden of Presenting Evidence;
Burden of Persuasion
4-3-120 Recommendations by the Administrator on Special-Use and Conditional-Use Permit Applications
4-3-121 Approval of Special-Use and Conditional-Use Permits
4-3-122 Additional Requirements on Special-Use and Conditional-Use Permits
Council Review and Approval of Special Use Permit
4-3-123 Business Council Action after Review Board Determination on Special-Use Permit Application
4-3-124 Authorizing Use, Occupancy or Sale Before Completion of Development Under Special-Use or Conditional-Use Permits
4-3-125 Completing Developments in Phases
4-3-126 Expiration of Permits
4-3-127 Effect of Permit on Successors and Assigns
4-3-128 Amendments to and Modifications of Permits
4-3-129 Reconsideration of Board Action
4-3-130 Applications to Be Processed Expeditiously
4-3-131 Maintenance of Common Areas, Improvements, and Facilities
Major and Minor Subdivisions
4-3-132 Regulation of Subdivisions
4-3-133 No Subdivision Without Plan Approval
4-3-134 Minor Subdivision Approval
4-3-135 Major Subdivision Approval Process
4-3-136 Endorsements on Major Subdivision Plats
4-3-137 Plat Approval Not Acceptance of Dedication Offers
4-3-138 Protection Against Defects
4-3-139 Maintenance of Dedicated Areas Until Acceptance
4-3-140 Building, Septic Tank, Water, or Other Permits Not to Be Issued for Land Divided in Violation of this Chapter
Appeals, Variances, Interpretations
4-3-170 Appeals
4-3-171 Variances
4-3-172 Interpretations
4-3-173 Requests to Be Heard Expeditiously
4-3-174 Burden of Proof in Appeals and Variances
4-3-175 Review Board Actions on Appeals and Variances
Hearing Procedures for Appeals and Applications
4-3-210 Hearing Required on Appeals and Application
4-3-211 Notice of Hearing
4-3-212 Evidence
4-3-213 Modification of Application at Hearing
4-3-214 Records
4-3-215 Written Decision
Enforcement and Review
4-3-250 Complaints Regarding Violations
4-3-251 Persons Responsible
4-3-252 Procedures Upon Discovery of Violations
4-3-253 Penalties and Remedies for Violations
4-3-254 Permit Revocation
4-3-255 Exhaustion of Administrative Remedies
4-3-256 Judicial Review
Non-conformities
4-3-290 Purpose
4-3-291 Definitions
4-3-292 Nonconforming Lots of Record
4-3-293 Nonconforming Uses of Land
4-3-294 Nonconforming Structures
4-3-295 Nonconforming Uses of Structure and Land
Special Property Uses
4-3-320 Necessity for Special Use Permit
4-3-321 Special Uses Designated
4-3-322 Review Board Action
Chapters 4-3-350 to 4-3-439
Reserved 40
Amendments
4-3-440 Initiation of Amendment
4-3-441 Application by Property Owner
4-3-442 Public Hearing on an Amendment
4-3-443 Standards for Zone Change
4-3-444 Action by the Colville Business Council
4-3-445 Record of Amendments
4-3-446 Resolution of Intent to Rezone


CHAPTER 4-4 CULTURAL RESOURCE PROTECTION


 
4-4-1 Title
4-4-2 Legislative Findings-Federal Laws-Preemption
4-4-3 Definitions
4-4-4 Establishment of the Colville Cultural Resources Board
4-4-5 Powers and Duties of the Board
4-4-6 Powers and Duties of the Department
4-4-7 Damaging or Adverse Effects: Prohibited Acts
4-4-8 Permits
4-4-9 Duties of Permittees
4-4-10 Suspension and Revocation of Permits
4-4-11 Colville Register of Archaeological and Historic Properties
4-4-12 National Register
4-4-13 Survey and Comprehensive Plan
4-4-14 Nondisclosure
4-4-15 Enforcement
4-4-16 Regulation by Board
4-4-17 Review by Colville Business Council
4-4-18 Severability


CHAPTER 4-5 ON SITE WASTEWATER TREATMENT AND DISPOSAL


 
4-5-1 Findings
4-5-2 Territory Covered
4-5-3 Administration
4-5-4 Definitions
4-5-5 Scope
4-5-6 Applicability
4-5-7 Alternative and Experimental Systems
4-5-8 Maintenance
4-5-9 No Discharge to Waters or Ground Surface
4-5-10 Connection to Public Sewer System
4-5-11 Larger On-Site Sewage Systems
4-5-12 Permits
4-5-13 Inspections
4-5-14 Minimum Lot Sizes for Subdivisions
4-5-15 Determination of Site Characteristics
4-5-16 Subdivision and Individual Site Review
4-5-17 Location
4-5-18 Design
4-5-19 Septic Tank Pumping and Maintenance
4-5-20 Construction, Installation or Repair
4-5-21 Septic Tank Pumpers and Disposal of Septic Tank Wastes
4-5-22 Enforcement Policy
4-5-23 Informal Conferences
4-5-24 Notice to Comply--Contents--Procedures--Hearing--Final Order--Limitations on Actions.
4-5-25 Stop Work Order
4-5-26 Failure to Take Required Course of Action--Notice of Cost--Department Authorized to Complete Course of Action--Liability for Costs
4-5-27 Failure to Obey Stop Work Order--Departmental Action Authorized--Liability of Owner or Operator for Costs
4-5-28 Failure to Comply with Water Quality Protection--Department of Hydrology Authorized to Petition Colville Environmental Quality Commission--Action on Petition
4-5-29 Civil Remedies
4-5-30 Enforcement
4-5-31 Administrative and Judicial Review
4-5-32 Waiver of Regulations
4-5-33 Cooperation With Public Agencies -- Grants and Gifts
4-5-34 Statutes and Trust Responsibility Not Modified
4-5-35 Severability


CHAPTER 4-6 MINING PRACTICES WATER QUALITY

 
4-6-1 Findings
4-6-2 Definitions
4-6-3 Water Categories
4-6-4 Administration
4-6-5 Water Quality Permits Required--Duration--Renewal.
4-6-6 Special Sand and Gravel Permits--Ten-Day Processing
4-6-7 Application for Water Quality Permit--Fee--Notice
4-6-8 Renewal or Amendment of Water Quality Permits
4-6-9 Reclamation Plan Requirements
4-6-10 Protests and Petitions for a Hearing
4-6-11 Approval and Disapproval Policy, Procedures and Administrative Appeal
4-6-12 Permits Subject to Modification
4-6-13 Duties of the Operator
4-6-14 [Reserved]
4-6-15 Transfer of Permit
4-6-16 Performance Bonds and Other Security
4-6-17 Enforcement Policy
4-6-18 Informal Conferences
4-6-19 Notice to Comply--Contents--Procedures--Hearing-Final Order Limitation on Action
4-6-20 Stop Work Order--Grounds--Contents--Procedure--Appeals
4-6-21 Failure to Take Required Course of Action--Notice of Cost--Department Authorization to Complete Course of Action--Liability to Owner for Costs
4-6-22 Failure to Obey Stop Work Order--Departmental Action--Authorization
4-6-23 Failure to Comply with Water Quality Protection--Department of Hydrology Authorized to Petition Colville Environmental Quality Commission--Action on Petition
4-6-24 Inspection--Right of Entry
4-6-25 Civil Remedial Action--Monetary Compensation Notice--Right to Appeal
4-6-26 Enforcement
4-6-27 Administrative and Judicial Review.
4-6-28 Cooperation with Public Agencies--Grants and Gifts
4-6-29 Statutes and Trust Responsibility Not Modified
4-6-30 Waiver of Regulation
4-6-31 Severability
Best Management Practice
4-6-60 Intent and Goal of BMPs
4-6-61 Road Location, Design, Construction and Maintenance
4-6-62 Operation Drainage
4-6-63 Drilling of Exploration Operation
4-6-64 Storage of Fuels and Chemicals
4-6-65 Water Impoundment and Treatment
4-6-66 Tailings Ponds
4-6-67 Standard for pH, Alkalinity, Turbidity and Heavy Metals
4-6-68 Stream Alteration
4-6-69 Generation of Objectionable Effluents


CHAPTER 4-7 FOREST PRACTICES WATER QUALITY


 
4-7-1 Findings
4-7-2 Authority and Scope
4-7-3 Definitions
4-7-4 Forest Practice Act--Administration--Reviews--Revisions
4-7-5 Classes of Forest Practices
4-7-6 Water Categories
4-7-7 Applications and Notifications; Policy
4-7-8 [Reserved]
4-7-9 Application Time Limits
4-7-10 Approval an Disapproval Policy.
4-7-11 Conversion to Nonforest Use
4-7-12 Enforcement Policy
4-7-13 Informal Conferences
4-7-14 Notice to Comply--Contents--Procedures--Hearing--Final Order--Limitations on Actions
4-7-15 Stop Work Order--Grounds--Contents--Procedure--Appeals
4-7-16 Failure to Take Required Course of Action--Notice of Cost--Department Authorized to Complete Course of Action--Liability of Owner for Costs
4-7-17 Failure to Obey Stop Work Order--Department Action Authorized--Liability of Owner or Operator for Costs
4-7-18 Failure to Comply with Water Quality Protection--Department of Hydrology Authorized to Petition Colville Environmental Quality Commission--Action on Petition
4-7-19 Inspection--Right of Entry
4-7-20 Civil Remedial Actions--Monetary Compensation--Notice--Right of Appeal
4-7-21 Enforcement
4-7-22 Administrative Appellate and Judicial Review
4-7-23 Cooperation with Public Agencies--Grants and Gifts
4-7-24 Statutes and Trust Responsibility Not Modified
4-7-25 Waiver of Regulations
4-7-26 Severability
Best Management Practices
4-7-60 Roads Classification System
4-7-61 Road Construction and Maintenance Best Management Practices
4-7-62 Brush Control
4-7-63 Road Surface Treatment
4-7-64 Timber Harvesting Best Management Practices
4-7-65 Harvest Unit Planning and Design
4-7-66 Stream Bank Integrity
4-7-67 Temperature Control
4-7-68 Felling and Bucking
4-7-69 Cable Yarding
4-7-70 Tractor and Wheeled Skidding Systems
4-7-71 Landing Cleanup
4-7-72 Post-Harvest Site Preparation
4-7-73 Slash Disposal
4-7-74 Fire Trails
4-7-75 Housekeeping 27
4-7-76 Reforestation Site Preparation Best Management Practice
4-7-77 Reforestation Requirements
4-7-78 Reforestation; Species; Stocking; Standards
4-7-79 Reforestation: Plans, Reports, Inspections
4-7-80 Site Preparation and Rehabilitation
4-7-81 Urban and Other Lands Exempted from the Reforestation Requirements
4-7-82 [Reserved]
4-7-83 Wildlife Policy
4-7-84 Threatened, Endangered or Protected Species' Habitats
4-7-85 Protection of Key Wildlife Habitat Encouraged
4-7-86 Forest Chemicals Best Management Practices
4-7-87 Handling, Storage, Application
4-7-88 Fire Control Policy
4-7-89 Fire Plan
4-7-90 Fire Precaution
4-7-91 Fire Suppression
4-7-92 Supplemental Directives


CHAPTER 4-8 WATER QUALITY STANDARDS


 
4-8-1 Findings
4-8-2 Territory Covered
4-8-3 Administration
4-8-4 Definitions
4-8-5 General Considerations
4-8-6 General Water Use and Criteria Classes
4-8-7 General Classifications
4-8-8 Specific Classifications
4-8-9 Permits
4-8-10 Violations, Enforcement, and Civil Penalties
4-8-11 Waiver of Regulations
4-8-12 Cooperation with Public Agencies -- Grants and Gifts
4-8-13 Statues and Trust Responsibility Act Not Modified
4-8-14 Severability


CHAPTER 4-9 HYDRAULICS PROJECT PERMITTING


 
4-9-1 Findings
4-9-2 Territory Covered
4-9-3 Authority
4-9-4 Administration
4-9-5 Definitions
4-9-6 Hydraulic Approval Permit Application
4-9-7 Denial of Approval
4-9-8 Use of Permits
4-9-9 Modification of Permit
4-9-10 Violations, Enforcement, and Civil Penalties
4-9-11 Appeal
4-9-12 Judicial Review
4-9-13 Emergency Response
4-9-14 Notice of Permit to Divert or Store Water
4-9-15 Federal Laws and Trust Responsibility Not Modified
4-9-16 Severability
Technical Provisions
4-9-50 Bank Protection and Fill Placement
4-9-51 Bridge, Pier, and Piling Construction
4-9-52 Bridge Construction--Stringer Type
4-9-53 Channel Change--Temporary and Permanent
4-9-54 Channel Realignment
4-9-55 Conduit Crossing
4-9-56 Culvert Installation
4-9-57 Temporary Bypass Culvert or Flume
4-9-58 Temporary Water Crossings
4-9-59 Dredging
4-9-60 Gravel Removal
4-9-61 Log and Log Jam Removal
4-9-62 Logging
4-9-63 Outfall Structures.
4-9-64 Pond Construction
4-9-65 Water Diversions--General Fish Screening Criteria


CHAPTER 4-10 WATER USE AND PERMITTING


General Provisions
4-10-1 Declaration of Rights
4-10-2 Nature of Ownership
4-10-3 Application of Chapter
4-10-4 Waters of the Colville Indian Reservation Defined
Notice of Enactment and Effect
4-10-30 Notice Required
4-10-31 Contents of Notice
4-10-32 Notice - How Given
Water Committee
4-10-60 Water Committee - Creation, Membership, Terms
4-10-61 Disqualification
4-10-62 Water Committee - General Powers
4-10-63 Reserves
4-10-64 Assessments
4-10-65 Designations of Local Management Areas and Subareas
4-10-66 Water Committee - Method of Operation
Water Administrator
4-10-100 Water Administrator - Appointment
4-10-101 Water Administrator - Staff
4-10-102 Water Administrator - Information Function
4-10-103 Water Administrator - Enforcement
4-10-104 Water Administrator - Advisory Function
Guidelines for Administration
4-10-130 General Policy Provisions
4-10-131 Guidelines for Make Most Effective Use of Available Resources.
4-10-132 Additional Policy Guidelines
Applications for Permits
4-10-160 Description of Use and Application for Permit - Required
4-10-161 Description of Use and Application for Permit - Content
4-10-162 Interim Permits
4-10-163 Fees
4-10-164 Public Notice of Descriptions of Use and Applications for Permits Initial Notice.
4-10-165 Public Notice of Descriptions of Use and Applications for Permits - Continuing Operations
4-10-166 Objections Affecting Description of Use and Applications for Permits
4-10-167 Form and Contents of Objections
4-10-168 Reply by Applicant
4-10-169 Hearings Regarding Issuance of Permits
4-10-170 Public Comment
4-10-171 Investigation and Review of Permit Issuance
4-10-172 Issuance or Denial of Permits
Water Permits
4-10-200 Form
4-10-201 Information Contained
4-10-202 Conditions
4-10-203 Entry on Land
4-10-204 Effect.
4-10-205 Revocability
4-10-206 Modification
Determination of Availability and Need
4-10-240 When Proceeding Available
4-10-241 Purposes
4-10-242 Notice of Proceeding
4-10-243 Order to Water Administrator
4-10-244 Water Administrator - Information Gathering
4-10-245 Water Administrator's Report
4-10-246 Proposed Determination of Availability and Need
4-10-247 Determination of Availability and Need - Contents
4-10-248 Notice of Hearing
4-10-249 Hearing
4-10-250 Final Determination of Availability and Need
4-10-251 Subsequent Actions
4-10-252 Appeal
Transfer and Loss of Rights
4-10-280 Transfer, Assignment and Creation of Security Interest
4-10-281 Exchange of Claims for Permits Under this Code
4-10-282 Voluntary Relinquishment of Claims or Rights
4-10-283 Loss by Nonuse
4-10-284 Loss by Adverse Possession, Prescription, Estoppel, or Acquiescence
4-10-285 Outside Proceedings
General Hearing Provisions
4-10-320 ...
4-10-321 Notice
4-10-322 Time and Place of Hearing
4-10-323 Continuances
4-10-324 Presiding Officer
4-10-325 Forms of Evidence
4-10-326 Consolidation of Hearings
4-10-327 Recording
4-10-328 Decision
Violations, Enforcement and Civil Penalties
4-10-360 Civil Penalties
4-10-361 Notice of Violation
4-10-362 Appeal
4-10-363 Public Nuisance
4-10-364 Action to Collect Penalty
4-10-365 Liability for Damages
Appeals from Water Administrator Actions
4-10-400 Filing
4-10-401 Time For Filing
4-10-402 Transmittal of Record
4-10-403 Stay
4-10-404 Decision
4-10-405 Procedures
4-10-406 Finality
Judicial Review
4-10-440 Decisions Subject to Review
4-10-441 Contents of Petition
Prohibited Acts
4-10-470 Waste of Water Prohibited
4-10-471 Unauthorized Actions Affecting Waters Prohibited
4-10-472 Obstruction of Tribal Officers
4-10-473 Additional Penalties
4-10-474 Overstatement of Use
Miscellaneous Provisions
4-10-500 Severability
4-10-501 Construction
4-10-502 Rules and Regulations
4-10-503 Review of Authority
4-10-504 Optional Charge
4-10-505 Extension of Time Limit
4-10-506 Representation
Participation by the Department of the Interior
4-10-540 Enforcement Assistance
4-10-541 Optional Permit Approval


CHAPTER 4-11 RANGELAND MANAGEMENT


GENERAL PROVISIONS
4-11-1 Definitions
4-11-2 Purpose and Objectives
4-11-3 Jurisdiction
4-11-4 Civil Remedy
MANAGEMENT OF RANGELANDS
4-11-30 Range Units
4-11-31 Grazing Capacity
4-11-32 Grazing Seasons
4-11-33 Grazing Fees
4-11-34 Conservation and Land Use Requirements
4-11-35 Range Improvements; Ownership
4-11-36 Range Management Plan
MANAGEMENT OF LIVESTOCK
4-11-70 Counting Livestock/Moving Permit
4-11-71 Branding and Inspection
4-11-72 Trust Lands
4-11-73 Control of Livestock Disease
4-11-74 Kind of Livestock
GRAZING PERMITS
4-11-100 Grazing Permits
4-11-101 Individually owned lands
4-11-102 Issuance of Grazing Permits
4-11-103 Special Permit Requirements and Provisions
4-11-104 Bonding and Insurance Requirements
4-11-105 On-and-Off Grazing Privileges
4-11-106 Assignment of Grazing Privileges
4-11-107 Modification and Cancellation of Permits
TRESPASS AND RELATED VIOLATIONS
4-11-140 Acts prohibited on Restricted lands
4-11-141 Notice and Order to Remove
4-11-142 Penalties and Damages
4-11-143 Demand for Payment
4-11-144 Impoundment


CHAPTER 4-12 FOREST PROTECTION


 
4-12-1 Definitions
4-12-2 Authority
4-12-3 Enforcement
4-12-4 Injunctions
4-12-5 Conducting Activity Without License as Violation - Penalties
4-12-6 False or Misleading Statements as Violation - Penalties
4-12-7 Causing Person to Violate Chapter as Violation - Penalty
4-12-8 Causing Person to Violate Rule or Regulation as Violation - Penalty
4-12-9 Violations Relating to Fraud or Deceit-Penalty
4-12-10 Obstruction of Public Servant in Administration or Enforcement as Violation - Penalty
4-12-11 Working in Forest Activity Without License as Violation - Penalty
4-12-12 Unlawful Timber Cutting - Penalty
4-12-13 Removal of Forestry Activity Landmarks - Penalty
4-12-14 Firing Timber - Penalty
4-12-15 Wilful or Negligent Fires - Fire Fighting - Refusal or Aid - Penalty
4-12-16 Permitting Spread of Fire - Penalty
4-12-17 Cutting or Destroying Trees Without Authority - Penalty
4-12-18 Penalties for False Branding, Etc
4-12-19 Forgery of Mark, Etc. - Penalty
4-12-20 Rules and Regulations - Penalty for Violations
4-12-21 Right of Entry in Course of Duty by Representative of Tribe
4-12-22 Stopping Motor Vehicles for Licenses or Permit Pertaining to Forestry Activity - Authorized - Penalty
4-12-23 Civil Penalties - Authorized
4-12-24 Prior Inconsistent Codes and Ordinances Repealed
4-12-25 Severability
4-12-26 Effective Date


CHAPTER 4-13 SOLID WASTE


 
4-13-1 Authority and Scope
4-13-2 Definitions
4-13-3 Storage
4-13-4 Collection
4-13-5 Disposal
4-13-6 Administrative Procedures
4-13-7 Enforcement and Penalties
4-13-8 Rights and Liabilities
4-13-9 Repeal and Partial Invalidity
4-13-10 Effective Date


CHAPTER 4-14 WILD HORSES


 
4-14-1 Policy
4-14-2 Definitions
4-14-3 Removal
4-14-4 Cooperative Agreements
4-14-5 Maintenance of Herd by Authorized Officer
4-14-6 Acts of Mercy
4-14-7 Procedure for Capture and Round-up
4-14-8 Permitting Conditions
4-14-9 Claimed Animals
4-14-10 Permitted Horses
4-14-11 Riding Open Range
4-14-12 Violation

TITLE 5 DOMESTIC RELATIONS

CHAPTER 5-1 DOMESTIC RELATIONS


 
5-1-1 Preamble
Marriage
5-1-30 Marriage License
5-1-31 Existing Marriages
5-1-32 Persons Who May Marry
5-1-33 Who May Perform Marriages
5-1-34 Marriage Ceremony
5-1-35 Void and Voidable Marriages
Annulment
5-1-70 Grounds for Annulment
5-1-71 Action to Annul - Parties and Limitations
5-1-72 Legitimacy of Children
5-1-73 Conclusiveness of Judgment of Annulment 3
Dissolution of Marriage
5-1-100 Dissolution and Annulment Procedure
5-1-101 Dissolution and Annulment Residency Requirement
5-1-102 Grounds for Dissolution
5-1-103 Right to Dissolution
5-1-104 Maintenance and Suit Money; Restraint
5-1-105 Pleadings; Findings; Decree
5-1-106 Disposition of Property and Children
5-1-107 Child Custody Proceeding - Commencement - Notice - Intervention
5-1-108 Child Custody - Relevant Factors in Awarding Custody
5-1-109 Child Custody - Temporary Custody Order - Vacation of Order
5-1-110 Child Custody - Temporary Custody Order or Modification of Custody Decree - Affidavits Required
5-1-111 Child Custody - Interview with Child by Court - Advice of Professional Personnel
5-1-112 Child Custody - Priority Status of Proceedings - Hearings - Record - Expenses of Witnesses
5-1-113 Child Custody - Visitation Rights
5-1-114 Child Custody - Powers and Duties of Custodian - Supervision by Appropriate Agency When Necessary
5-1-115 Child Custody Decree - Modification
5-1-116 Child Support - Apportionment of Expense
5-1-117 Minor or Dependent Child - Court Appointed Attorney to Represent - Payment of Costs, Fees and Disbursements
5-1-118 Support or Maintenance Payments -To Whom Paid
5-1-119 Support or Maintenance Payments - Order to Make Assignment of Periodic Earnings or Trust Income - Duty of Payor to Withhold and Transmit
5-1-120 Payment of Costs, Attorney's Fees, Etc.
Separate Maintenance and Property Rights
5-1-150 Separate Maintenance
5-1-151 Property Rights of Married Persons
5-1-152 Family Expenses
5-1-153 Custody of Children and Property
Guardianship
5-1-180 Jurisdiction
5-1-181 Petition
5-1-182 Notice; Hearing
5-1-183 Who May Serve as Guardian
5-1-184 Security for Faithful Performance of Duties
5-1-185 Oath; Letters of Guardianship
5-1-186 Inventory and Appraisement
5-1-187 Annual Accounting
5-1-188 Guardian's Compensation
5-1-189 Powers and Responsibilities of Guardian
5-1-190 Discharge of Guardian
5-1-191 Guardianship Records
5-1-192 Guardianship of Trust Property
5-1-193 Temporary Guardianship and Custody
Parentage
5-1-220 "Parent and Child Relationship" Defined
5-1-221 Presumption of Paternity
5-1-222 Artificial Insemination
5-1-223 Determination of Father and Child Relationship - Who May Bring Action - When Action Maybe Brought
5-1-224 Jurisdiction
5-1-225 Parties
5-1-226 Blood Tests
5-1-227 Evidence Relating to Paternity
5-1-228 Civil Action - Testimony - Evidence -Jury
5-1-229 Judgment or Order Determining Parent and Child Relationship - Support Judgment and Orders - Custody
5-1-230 Support Orders - Time Limit, Exception
5-1-231 Temporary Support - Temporary Restraining Order - Preliminary Injunction - Support Debts, Notice
5-1-232 Enforcement of Judgments or Orders
5-1-233 Modification of Judgment or Order - Continuing Jurisdiction
5-1-234 Action to Determine Mother and Child Relationship


CHAPTER 5-2 JUVENILES


Purpose and Construction
5-2-1 Purpose and Construction
Definitions
5-2-30 "Abandon"
5-2-31 "Adult"
5-2-32 "Juvenile Court"
5-2-33 "Juvenile Court Judge"
5-2-34 "Custodian"
5-2-35 "Delinquent Act"
5-2-36 "Detention"
5-2-37 "Guardian"
5-2-38 "Juvenile Offender"
5-2-39 "Least Restrictive Alternative"
5-2-40 "Minor"
5-2-41 "Minor-in-need-of-care"
5-2-42 "Time"
5-2-43 Other Terms
The Court System
5-2-70 Establishment
5-2-71 Judges
5-2-72 Powers and Duties
5-2-73 Authority of Court
5-2-74 Appointment of Probation Officers
5-2-75 Duties and Powers of Probation Officers
5-2-76 Tribal Officer
5-2-77 Guardian Ad Litem
5-2-78 Spokesman
5-2-79 Juvenile Recording Tape Retention
Shelter Care and Detention Facilities
5-2-110 Standards
5-2-111 Care and Treatment in Shelter Care and Detention Facilities
Jurisdiction
5-2-140 Original Jurisdiction
5-2-141 Transfer to Adult Court
5-2-142 Hearing
5-2-143 Factors Considered
5-2-144 Circumstances for Transfer
5-2-145 Order
5-2-146 Transfer from State Court
5-2-147 Indian Child Welfare Act
Juvenile Offender Procedure
5-2-180 Complaint
5-2-181 Warrant and Other Procedures
5-2-182 Custody
5-2-183 Tribal Officer's Duties
5-2-184 Determination of Need for Detention
5-2-185 Detention and Shelter Care
5-2-186 Approved Facilities - Below Sixteen (16) Years
5-2-187 Approved Facilities - Sixteen (16) Years or Older
5-2-188 Custody Hearing
5-2-189 Procedure at Custody Hearing
5-2-190 Continued Custody
5-2-191 Investigation by Probation Officer
5-2-192 Informal Hearing
5-2-193 Informal Hearing - Evidence
5-2-194 Informal Hearing - Disposition
5-2-195 Informal Hearing - Post-disposition
5-2-196 Petition
5-2-197 Setting of Hearing
5-2-198 Summons
5-2-199 Adjudicatory Hearing
5-2-200 Rights of Parties
5-2-201 Admission to Allegations
5-2-202 Adjudicatory Hearing - Proof
5-2-203 Predispositional Report
5-2-204 Predispositional Hearing
5-2-205 Notice
5-2-206 Rights of Parties
5-2-207 Dispositional Finding
5-2-208 Dispositional Alternatives
5-2-209 Modification of Dispositional Order
5-2-210 Notice; Rights
5-2-211 Modification Hearing
Minor-In-Need-Of-Care
5-2-240 Complaint
5-2-241 Voluntary Placement
5-2-242 Warrant and Other Procedures
5-2-243 Custody
5-2-244 Tribal Officer's Duties
5-2-245 Determination of Need for Detention
5-2-246 Detention and Shelter Care
5-2-247 Approved Facilities
5-2-248 Custody Hearing
5-2-249 Procedure at Custody Hearing
5-2-250 Continued Custody
5-2-251 Investigation by Child Welfare Officer
5-2-252 Informal Hearing
5-2-253 Informal Hearing - Evidence
5-2-254 Informal Hearing - Disposition
5-2-255 Informal Hearing - Post-disposition
5-2-256 Petition
5-2-257 Setting of Hearing
5-2-258 Summons
5-2-259 Adjudicatory Hearing
5-2-260 Rights of Parties
5-2-261 Adjudicatory Hearing - Proof
5-2-262 Predispositional Report
5-2-263 Dispositional Hearing
5-2-264 Notice
5-2-265 Rights of Parties
5-2-266 Dispositional Finding
5-2-267 Dispositional Alternatives
5-2-268 Modification of Dispositional Order
5-2-269 Notice; Rights
5-2-270 Modification Hearing
5-2-271 Report of Child Abuse
Juvenile Curfew
5-2-300 Curfew Established - Minor Under Sixteen (16) Years
5-2-301 Penalty - Minor
5-2-302 Penalty - Parent, Guardian or Employer
Termination of Parental Rights
5-2-330 Purpose
5-2-331 Petition
5-2-332 Setting of Hearing
5-2-333 Pre-Termination Report
5-2-334 Summons
5-2-335 Termination Hearing
5-2-336 Rights of Parties
5-2-337 Termination Hearing - Proof
5-2-338 Dispositional Alternatives
5-2-339 Other Dispositions
5-2-340 Enrollment Status Unaffected
Adoption
5-2-370 Jurisdiction Over Adoption
5-2-371 Adoption. Generally
5-2-372 Consent to Adoption
5-2-373 Petition to Adopt
5-2-374 Investigation Report
5-2-375 Adoption Hearing
5-2-376 Report and Final Decree of Adoption
5-2-377 Adoption Records
5-2-378 Contents of Adoption Order
5-2-379 Name and Legal Status of Adopted Child
5-2-380 Rights and Liabilities of Natural Parents
General Provisions
5-2-410 Court Records
5-2-411 Law Enforcement Records
5-2-412 Expungement
5-2-413 Appeal
5-2-414 Contempt of Court
5-2-415 Support of Minors


CHAPTER 5-3 ATTENDANCE


 
5-3-1 Purpose
5-3-2 Coverage
5-3-3 Attendance Mandatory
5-3-4 Exception to Attendance Provided
5-3-5 Cooperative Agreement with State School District
5-3-6 Tribal Attendance Officer - Duties
5-3-7 Petition to Juvenile Court for Violations by a Parent or Child - Applicability of Chapter
5-3-8 Tribal Attendance Enforcement Officers' Additional Authority
5-3-9 Penalties in General-Defense-Suspension of Fine-Complaints to Court
5-3-10 Prosecuting Attorney or Attorney for District to Act for Complainant
5-3-11 Reports by Tribal Attendance Officers-Compilation of Information and Reports
5-3-12 Collection of Fines
5-3-13 Use in Need of Care Proceeding
Resolution 1988-15


CHAPTER 5-4 ABUSE OF ELDERS AND VULNERABLE ADULTS


General Provisions
5-4-1 Definitions
5-4-2 Purpose/Intent
5-4-3 Funding/Cooperative Agreements
5-4-4 Additional Remedies
5-4-5 Immunity from Liability
5-4-6 Standing/Jurisdiction
5-4-7 Custom and Tradition
5-4-8 Severability
Prevention of Abuse, Exp;oitation, Neglect and Abandonment
5-4-40 Reporting Requirements
5-4-41 Reports/Contents
5-4-42 Response to Reports
5-4-43 Obstruction or Denial of Access
5-4-44 Data Collection System
5-4-45 Cause of Action for Damages
Abuse and Exploitation Protective Order
5-4-80 Petition for Protective Order
5-4-81 Hearing
5-4-82 Issuance of Order
5-4-83 Execution of Protective Order

TITLE 6 REGULATORY PROVISIONS

CHAPTER 6-1 INDUSTRIAL SAFETY AND HEALTH


 
6-1-1 through 6-1-16 Reserved
6-1-17 Purpose
6-1-18 Definitions
6-1-19 Application of Chapter - Fees and Charges
6-1-20 Rules and Regulations - Authority - Procedure
6-1-21 Rules and Regulations - Guidelines - Standards
6-1-22 Employers - General Safety Standard - Compliance
6-1-23 Right of Entry - Inspections and Investigations - Subpoenas - Contempt
6-1-24 Variances From Safety and Health Standards-Temporary Order-Application-Contents-procedure
6-1-25 Variances From Safety and Health Standards-Notice-Hearing-Order-Modification or Revocation
6-1-26 Inspections - Employer and Employee Representatives
6-1-27 Compliance by Employees - Violations - Notice - Review
6-1-28 Violations - Citations
6-1-29 Violations-Dangerous Conditions-Citations and Order of Immediate Restraint-Restraints-Restraining Orders
6-1-30 Appeal to Committee - Citation or Notification of Assessment of Penalty - Final Order - Procedure - Redetermination - Hearing
6-1-31 Appeal to Tribal Court - Review or Enforcement of Orders
6-1-32 Discrimination Against Employee Filing Complaint, Instituting Proceedings or Testifying Prohibited - Procedure - Remedy
6-1-33 Injunctions - Temporary Restraining Orders
6-1-34 Violations - Civil Penalties
6-1-35 Violations - Criminal Penalties
6-1-36 Confidentiality - Trade Secrets
6-1-37 Reserved
6-1-38 Records - Reports - Notice to Employee Exposed to Harmful Materials
6-1-39 Compliance with Federal Act - Agreements and Acceptance of Grants Authorized
6-1-40 Safety and Health Standards
6-1-41 Reserved
6-1-42 Statistics - Investigations - Reports
6-1-43 through 6-1-105 Reserved
6-1-106 Short Title
6-1-107 Severability


CHAPTER 6-2 LIQUOR CONTROL


 
6-2-1 Name
6-2-2 Findings
6-2-3 Introduction, Sale, Distribution, and Possession of Liquor
6-2-4 Conformity with Federal Laws
6-2-5 Definitions
6-2-6 Sale of Liquor
6-2-7 Colville Liquor Control Board
6-2-8 Liquor Revolving Fund
6-2-9 Exemptions
6-2-10 Pharmaceutical Preparations, Patent Medicines, Denatured Alcohol
6-2-11 Independent Operators License
6-2-12 Distribution of Liquor Products on the Colville Indian Reservation
6-2-13 Special License for Non-Profit Organization
6-2-14 Tax Rates
6-2-15 Sovereign Immunity Preserved
6-2-16 Other Business
6-2-17 Operating Without a License
6-2-18 Violations
6-2-19 Special Retail License for Non-Profit Club or Other Organization


CHAPTER 6-3 BUILDING CODE


 
Uniform Building Code
Uniform Building Standards
6-3-1 Adoption of CABO One and Two Family Dwelling Code
6-3-2 Replacment of Model Energy Codewith Northwest Energy Code


CHAPTER 6-4 ENERGY CODE


 
6-4-1 Adoption of Northwest Energy Code


CHAPTER 6-5 GAMING


Findings, Policy and Purpose
6-5-1 Findings
6-5-2 Policy
6-5-3 Purpose
Definitions
6-5-20 Rules of Construction
6-5-21 Definitions
Colville Tribal Gaming Commission
6-5-50 Establishment
6-5-51 Composition
6-5-52 Qualifications of Commissioners
6-5-53 Compensation
6-5-54 Powers and Duties of the Commission
6-5-55 Tribal Gaming Agents (Inspectors)
6-5-56 Investigations
6-5-57 Public Safety Plan
6-5-58 Health and Safety Standards
6-5-59 Complaints
6-5-60 Budget
6-5-61 Chairman
6-5-62 Commission Director
6-5-63 Procedures of the Commission
Compliance with the Act
6-5-90 Construction Consistent with IGRA
6-5-91 Limitation on Gaming Operation
6-5-92 Application of Net Revenues
6-5-93 Annual Audit
6-5-94 Public Safety Standards
6-5-95 Background Investigations (Finding of Suitability)
6-5-96 Separate Licenses
Authorization for Gaming Activities
6-5-130 Tribal Gaming Authorized
6-5-131 Tribal Organizations Other than the Enterprise
6-5-132 Other Organizations and Entities
6-5-133 Authorization by Commission
6-5-134 Prohibition Against Gaming
6-5-135 Traditional Games
Auditing and Internal Control
6-5-180 Minimum Procedures for Control of Internal Fiscal Affairs
6-5-181 Commission Oversight of Internal Fiscal Affairs
6-5-182 Commission Right to Conduct Audit
6-5-183 Prohibition Against Embezzlement
6-5-184 Non-Compliance
Prohibited Acts
6-5-210 Violations
Enforcement, Sanctions and Penalties
6-5-240 Sanctions
6-5-241 Civil Penalty
6-5-242 Permit or License Suspension
6-5-243 Citations
6-5-244 Removal
6-5-245 Separate Offenses
6-5-246 Appeal of Commission Decision
Jurisdiction
6-5-280 Tribal Court Jurisdiction
6-5-281 Sovereign Immunity Preserved
6-5-282 Damage Suits
Prior Ordinance Repealed
Amendments and Severability
6-5-310 Amendments
6-5-311 Severability


CHAPTER 6-6 RESEARCH REGULATION


 
6-6-1 Authority
6-6-2 Purpose
6-6-3 Permit Required
6-6-4 Written Agreement Required for Issuance of Permit
6-6-5 Information Required for Issuance of Permit
6-6-6 Cancellation of Permit
6-6-7 Refusal to Issue Permit
6-6-8 Fee May Be Required
6-6-9 Permit Does Not Imply Endorsement
6-6-10 Reports to Be Provided
6-6-11 Penalties for Tribal Employees
6-6-12 Penalties Generally
6-6-13 Effective Date of Chapter


CHAPTER 6-7 SEWER


 
6-7-1 Sewer Service Area and Sewer Board
6-7-2 Definitions
6-7-3 Use of Sewer System Required
6-7-4 Sanitary Sewers and Connections
6-7-5 Use of Sanitary Sewers
6-7-6 Protection from Damage
6-7-7 Powers and Authorities of Inspectors
6-7-8 Rates & Fee
6-7-9 Penalties
6-7-10 Validity
6-7-11 Chapter in Work


CHAPTER 6-8 TOBACCO


 
6-8-1 Title
6-8-2 Definitions
6-8-3 Establishment of Tobacco Outlets
6-8-4 Application for Tobacco Outlet License
6-8-5 Tobacco Outlet License
6-8-6 Trader's License
6-8-7 Application for Cigarette Allocation
6-8-8 Cigarette Allocation
6-8-9 Purchases in Excess of Allocation
6-8-10 Administrative Fee Assessment
6-8-11 Restricted Sales to Minors
6-8-12 Tribal Immunity- Liability
6-8-13 Operating without License
6-8-14 Liability Insurance
6-8-15 Violations - Remedies
6-8-16 Separability


CHAPTER 6-9 ANIMAL CONTROL AND PROTECTION


LIVESTOCK IMPOUNDMENT
6-9-1 Impoundment-Generally
6-9-2 Hearing and Notice
6-9-3 Sale of Livestock
WILD HORSES, MULES AND BURROS
DOG CONTROL
6-9-30 Definitions
6-9-31 Running At Large
6-9-32 Disturbances
6-9-33 Vicious Dogs - Attacks on Livestock - Right to Destroy
6-9-34 Duty of Owner of Dog Found Harassing Stock
6-9-35 Duty of Owner to Kill Marauding Dog
6-9-36 Liability of Owners
6-9-37 Abandonment
6-9-38 Identification and Registration
6-9-39 Limitation on Number of Dogs Allowed
6-9-40 Seizure of Dogs - Penalties for Running at Large
6-9-41 Confiscation and Right to Destroy
OFFENSE AND PENALTY
6-9-70 Offense
6-9-71 Enforcement Against Persons Subject to Tribal Criminal Jurisdiction
6-9-72 Enforcement Against Persons Not Subject to Tribal Criminal Jurisdiction


CHAPTER 6-10 WATER UTILITIES


GENERAL PROVISIONS
6-10-1 Title and date
6-10-2 Purpose
6-10-3 Policy
6-10-4 Jurisdiction
DEFINITION OF TERMS
6-10-30 General
6-10-31 Appurtenances
6-10-32 Customer
6-10-33 Customer lines
6-10-34 Distribution System Lines
6-10-35 Meter
6-10-36 Manager
6-10-37 Operator
6-10-38 Off-Reservation
6-10-39 Regulation
6-10-40 Tribal Community
6-10-41 Contractor
6-10-42 Utility Services
6-10-43 Utility Authority
6-10-44 Utility Department
6-10-45 Department
6-10-46 Vendor
6-10-47 Shall, May
6-10-48 Public Utilities
UTILITY DEPARTMENT AND UTILITY AUTHORITY
6-10-80 Establishment of Utility Department
6-10-81 Utility Authority
6-10-82 Utility Authority - Operating Organization
6-10-83 Utility Authority - Powers and Responsibilities
6-10-84 Utility Authority - Membership
6-10-85 Term of Office
6-10-86 Utility Authority - Method of Appointment
6-10-87 Utility Authority Vacancies
6-10-88 Officers
6-10-89 Duties of officers
6-10-90 Meetings
6-10-91 Quorum and Voting
6-10-92 Meeting Agenda
6-10-93 Compensation
6-10-94 Public Hearings
MANAGEMENT AND FINANCES
6-10-120 Management Personnel
6-10-121 Annual Budget
6-10-122 User Fee Schedule
6-10-123 Fiscal Year
6-10-124 Depository
6-10-125 Investments
6-10-126 Disbursements and Receipts
6-10-127 Records and Accounts
6-10-128 Exclusive Use of Funds
6-10-129 Audit and Reports
6-10-130 Insurance
6-10-131 Regulations and Policy
6-10-132 Regulation; Policy Suspension Alteration
6-10-133 Amendments
6-10-134 Grievances
6-10-135 Non-waiver of Sovereign Immunity
WATER UTILITY SERVICES - OPERATION
6-10-170 Services Provided
6-10-171 Water Service
6-10-172 Future Services
6-10-173 Maintenance Schedule
6-10-174 Personnel
6-10-175 Purchasing
6-10-176 Eouipment
6-10-177 Inventory
6-10-178 Public Relations
6-10-179 Emergency Notification
6-10-180 Staff Training
6-10-181 Limits of Responsibility
6-10-182 Right of Entry - Inspection
6-10-183 Disruption of Service
6-10-184 Permits
6-10-185 Water Shortage - Service Preference
6-10-186 Unnecessary Waste of Water
6-10-187 Conservation of Resources
6-10-188 New customer Services
6-10-189 Meters
CUSTOMER OBLIGATIONS
6-10-220 Conditions for Service, Payments
6-10-221 Maintenance; Repairs; Liability
6-10-222 Customer Termination of Service; Abandonment
6-10-223 Water Shortages
6-10-224 Inspections
6-10-225 Permits
6-10-226 Cross-Connection
FEE SCEDULE AND BILLING
6-10-260 Fee Schedule Establishment
6-10-261 Public Hearing
6-10-262 Notice to Customers
6-10-263 Billing Responsibility
6-10-264 Monthly Statement
6-10-265 Due Date
6-10-266 Payments Past Due
6-10-267 Delinouent Account
6-10-268 Notice of Delinouent
6-10-269 Advance Deposits
ENFORCEMENT; PENALTIES; SANCTIONS
6-10-300 Authority and Enforcement
6-10-301 Attachment of Customers Property
6-10-302 Penalty Schedule
6-10-303 Sanctions Authorized
6-10-304 Sanctions Guidelines
MISCELLANEOUS PROVISIONS
6-10-330 Validity, Severability
6-10-331 Amendments
6-10-332 Suspension of Chapter


CHAPTER 6-11 SUPPLEMENTAL FUEL


 
........... Title - purpose
6-11-1 Definitions
6-11-2 Fuel Sales by Filling Stations
6-11-3 Rebates to Filling Stations
6-11-4 Discount/Rebate Amount
6-11-5 Violations/Remedies


CHAPTER 6-12 FUEL DELIVERY


 
........... Title - Purpose
6-12-1 Definitions
6-12-2 Establishment of Filling Stations
6-12-3 Application for Filling Station License
6-12-4 Filling Station License
6-12-5 Trader's License
6-12-6 Fuel Purchases
6-12-7 Records of Fuel Purchases
6-12-8 Records of Fuel Sales
6-12-9 Sale and Delivery Collection
6-12-10 Transfer of Fuel
6-12-11 Records Inspection/Audit
6-12-12 Sovereign Immunity
6-12-13 Violations/Remedies

TITLE 7 CORPORATIONS

CHAPTER 7-1 GOVERNMENTAL CORPORATIONS


 
7-1-1 Governmental Corporations Act - Confederated Tribes of the Colville Reservation. Corporations Authorized
7-1-2 Purpose, Constitutional Authority
7-1-3 Privileges and Immunities
7-1-4 Tribal Taxation
7-1-5 Subsidiary Corporation
7-1-6 Ownership
7-1-7 Voting Stock - Alienation
7-1-8 Organization
7-1-9 Powers, Duration
7-1-10 Lands
7-1-11 Tribal Courts - Jurisdiction, Enforcement of Act
7-1-12 Agent
7-1-13 Assets
7-1-14 Audit
7-1-15 Annual Meeting, Annual Report
7-1-16 Contracts with Officers
7-1-17 Bonding
7-1-18 to 7-1-20 (No record)
7-1-21 ...
7-1-22 ...
7-1-23 ...
7-1-24 ...
7-1-25 ...
7-1-26 ...
7-1-27 ...
7-1-28 ...
7-1-29 ...


CHAPTER 7-2 NON-PROFIT CORPORATIONS


 
7-2-1 Short Title
7-2-2 Definitions
7-2-3 Applicability
7-2-4 Purpose
7-2-5 General Powers
7-2-6 Defense of Ultra Vires
7-2-7 Corporate Name
7-2-8 Registered Office and Registered Agent
7-2-9 Registered Agent as an Agent for Service
7-2-10 Members
7-2-11 By-Laws
7-2-12 Meetings of Members
7-2-13 Notice of Meeting Members
7-2-14 Voting
7-2-15 Quorum
7-2-16 Board of Directors
7-2-17 Number, Election, Classification and Removal of Directors
7-2-18 Vacancies
7-2-19 Quorum of Directors
7-2-20 Committees
7-2-21 Place and Notice of Directors' Meetings
7-2-22 Officers
7-2-23 Removal of Officers
7-2-24 Books and Records
7-2-25 Shares of Stock and Dividends Prohibited
7-2-26 Loans to Directors and Officers Prohibited
7-2-27 Incorporators
7-2-28 Articles of Incorporation
7-2-29 Filing of Articles Incorporation
7-2-30 Effect of Issuant of Certificate of Incorporation
7-2-31 Organization Meeting
7-2-32 Right to Amend Articles of Incorporation
7-2-33 Procedure to Amend Articles of Incorporation
7-2-34 Articles of Amendment
7-2-35 Filing of Articles of Amendment
7-2-36 Effect of Certificate of Amendment
7-2-37 Voluntary Dissolution
7-2-38 Distribution of Assets
7-2-39 Plan for Distribution
7-2-40 Articles of Dissolution
7-2-41 Filing of Articles of Dissolution
7-2-42 Involuntary Dissolution
7-2-43 Jurisdiction of Court to Liquidate Assets and Affairs of Corporation
7-2-44 Procedure in Liquidation of Corporation by Court
7-2-45 Qualification of Receivers
7-2-46 Filing of Claims in Liquidation Proceedings
7-2-47 Discontinuance of Liquidation Proceedings
7-2-48 Decree of Involuntary Dissolution
7-2-49 Filing of Decree of Dissolution
7-2-50 Deposits with Tribal Secretary
7-2-51 Annual Report of Domestic and Foreign Corporations
7-2-52 Filing of Annual Report of Corporation
7-2-53 Penalties Imposed Upon Corporations
7-2-54 Fees for Filing Documents and Issuing Certificates
7-2-55 Certificates and Certified Copies to be Received in Evidence
7-2-56 Forms to be Furnished by the Tribal Secretary
7-2-57 Greater Voting Requirements
7-2-58 Waiver of Notice
7-2-59 Action by Members or Directors Without a Meeting
7-2-60 Effect of Invalidity of Part of This Chapter


CHAPTER 7-3 BUSINESS CORPORATIONS


 
7-3-1 Short Title
7-3-2 Definitions
7-3-3 Purposes
7-3-4 General Powers
7-3-5 Defense of Ultra Vires
7-3-6 Corporate Name
7-3-7 Registered Office and Registered Agent
7-3-8 Service of Process on Corporations
7-3-9 Authorized Shares
7-3-10 Consideration for Shares
7-3-11 Payment of Shares
7-3-12 Determination of Amount of Stated Capital
7-3-13 Certificate Representing Shares
7-3-14 By-Laws
7-3-15 Meetings of Shareholders
7-3-16 Notice of Shareholder's Meetings
7-3-17 Closing of Transfer Books and Fixing Record Date
7-3-18 Voting Record
7-3-19 Quorum of Shareholders
7-3-20 Voting of Shares
7-3-21 Board of Directors
7-3-22 Number and Election of Directors
7-3-23 Vacancies
7-3-24 Removal of Directors
7-3-25 Quorum of Directors
7-3-26 No Contract Void or Voidable
7-3-27 Executive and Other Committees
7-3-28 Place and Notice of Director's Meetings
7-3-29 Action by Directors Without a Meeting
7-3-30 Dividends
7-3-31 Distribution from Capital Surplus
7-3-32 Loans to Employees and Directors
7-3-33 Liability of Directors in Certain Cases
7-3-34 Officers
7-3-35 Removal of Officers
7-3-36 Books and Records
7-3-37 Incorporators
7-3-38 Articles of Incorporation
7-3-39 Filing of Articles of Incorporation
7-3-40 Effect of Issuance of Certificate of Incorporation
7-3-41 Organization Meeting of Directors
7-3-42 Right to Amend Articles of Incorporation
7-3-43 Procedure to Amend Articles of Incorporation
7-3-44 Articles of Amendment
7-3-45 Filing of Articles of Amendment
7-3-46 Effect of Certificate of Amendment
7-3-47 Restarted Articles of Incorporation
7-3-48 Reduction of Stated Capital in Certain Cases
7-3-49 Special Provisions Relating to Surplus and Reserves
7-3-50 Sale of Assets in Regular Course of Business and Mortgage or Pledge of Assets
7-3-51 Sale of Assets Other Than in Regular Course of Business
7-3-52 Voluntary Dissolution by Incorporators
7-3-53 Voluntary Dissolution by Consent of Shareholder
7-3-54 Voluntary Dissolution by Act of Corporation
7-3-55 Filing of Statement of Intent to Dissolve
7-3-56 Effect of Statement of Intent to Dissolve
7-3-57 Procedure After Filing of Statement of Intent to Dissolve
7-3-58 Revocation of Voluntary Dissolution Proceedings by Consent of Shareholders
7-3-59 Revocation of Voluntary Dissolution Proceedings by Act of Corporation
7-3-60 Filing of Statement of Revocation of Voluntary Dissolution Proceedings
7-3-61 Effect of Statement of Revocation of Voluntary Dissolution Proceedings
7-3-62 Articles of Dissolution
7-3-63 Filing of Articles of Dissolution
7-3-64 Involuntary Dissolution
7-3-65 Notification to the Tribal Secretary
7-3-66 Jurisdiction of Court to Liquidate Assets and Affairs of Corporation
7-3-67 Procedure in Liquidation of Corporation by Court
7-3-68 Qualification of Receivers
7-3-69 Filing of Claims in Liquidation Proceedings
7-3-70 Discontinuance of Liquidation Proceedings
7-3-71 Decree of Involuntary Dissolution
7-3-72 Filing of Decree Dissolution
7-3-73 Deposits with Tribal Secretary
7-3-74 Survival of Remedy After Dissolution
7-3-75 Annual Report of Domestic and Foreign Corporations
7-3-76 Filing of Annual Report of Corporation
7-3-77 Fees, Franchise Taxes and Charges to be Collected by the Tribal Secretary
7-3-78 Fees for Filing Documents and Issuing Certificates
7-3-79 Miscellaneous Charges
7-3-80 License Fees Payable by Domestic Corporations
7-3-81 Franchise Taxes Payable by Domestic Corporation
7-3-82 Assessment and Collection of Annual Franchise Taxes
7-3-83 Penalties Imposed Upon Corporations
7-3-84 Penalties Imposed Upon Officers and Directors
7-3-85 Interrogatories by the Tribal Secretary
7-3-86 Information Disclosed by Interrogatories
7-3-87 Certificates and Certified Copies to be Received in Evidence
7-3-88 Forms to be Furnished by the Tribal Secretary
7-3-89 Greater Voting Requirements
7-3-90 Waiver of Notice
7-3-91 Action by Members or Directors Without a Meeting
7-3-92 Effect of Invalidity of Part of This Chapter
7-3-93 Jurisdiction of Colville Tribal Courts

TITLE 8 ENROLLMENT, REFERENDUMS AND ELECTIONS

CHAPTER 8-1 MEMBERSHIP


Preamble
8-1-1 Findings
8-1-2 Burden of Proof and Standard of Proof
Definitions
8-1-30 Adoption.
8-1-31 Basic Enrollee.
8-1-32 Blood.
8-1-33 Applicant.
8-1-34 Chief Enrollment Officer.
8-1-35 Committee.
8-1-36 Council.
8-1-37 Court.
8-1-38 Days.
8-1-39 Enrollment.
8-1-40 Parent.
8-1-41 Permanent Residence.
8-1-42 Person.
8-1-43 Relevant Data Form.
8-1-44 Reservation.
8-1-45 Roll.
8-1-46 Secretary.
8-1-47 Tribal Member, Member.
8-1-48 Tribes.
8-1-49 Executive Department.
Membership
8-1-80 ...
8-1-81 ...
8-1-82 ...
8-1-83 ...
8-1-84 ...
8-1-85 ...
8-1-86 ...
8-1-87 ...
Enrollment Procedure
8-1-120 ...
8-1-121 ...
8-1-122 ...
8-1-123 ...
8-1-124 ...
8-1-125 ...
Adoption Procedure
8-1-160 ...
8-1-161 ...
8-1-162 ...
8-1-163 ...
8-1-164 ...
8-1-165 ...
8-1-166 ...
Appeals
8-1-200 ...
8-1-201 ...
8-1-202 ...
8-1-203 ...
8-1-204 ...
8-1-205 ...
8-1-206 ...
8-1-207 ...
Blood Degree Correction
8-1-240
8-1-241
8-1-242
8-1-243
8-1-244
8-1-245
8-1-246
8-1-247
8-1-248
Disenrollment Procedure
8-1-280
8-1-281
8-1-282
8-1-283
8-1-284
8-1-285
Relinquishment
8-1-320
8-1-321
8-1-322
8-1-323


CHAPTER 8-2 PROCEDURES FOR PROPOSING CONSTITUTIONAL AMENDMENTS BY PETITION


 
8-2-1 Determination of Number of Eligible Voters
8-2-2 Validation of Signatures
8-2-3 Contents of Petition
8-2-4 Delivery or Filing of Petitions and Signatures for Validation
8-2-5 Filing of Petitions
8-2-6 Duration of Petition


CHAPTER 8-3 ELECTIONS


General Provisions
8-3-1 Authority
8-3-2 Purpose
8-3-3 Definitions
Election Officials
8-3-30 Election Board
8-3-31 Election Staff
8-3-32 District Election Board
8-3-33 Tribal Police
Eligibility
8-3-60 Candidates for Council Positions
8-3-61 Eligible Voters
8-3-62 Change of Voting District
Election Procedures
8-3-90 Petitions
8-3-91 Schedule of Events
8-3-92 Voting Lists Address Labels
8-3-93 Absentee Ballots
8-3-94 Ballots
8-3-95 Campaigning
8-3-96 Ballot Boxes
8-3-97 Indoctrination of the District Election Boards
8-3-98 Primary Election Preceding General Election
8-3-99 Election Day Procedures
8-3-100 Contested Ballot
8-3-101 Grievance Procedures
8-3-102 Certification of Election
8-3-103 Certification of Absentee Votes
8-3-104 Certification Procedures
8-3-105 Oath of Office
8-3-106 Forms Used in Tribal Election


CHAPTER 8-4 REFERENDUMS


 
8-4-1 Purpose
8-4-2 Referendum Procedure

TITLE 9 PROPERTY

CHAPTER 9-1 MORTGAGES, DEEDS OF TRUST AND REAL ESTATE CONTRACTS


 
9-1-1 Purpose
Foreclosure of Real Estate Mortgages
9-1-30 State Law Adopted as Tribal Law
9-1-31 Exceptions in Adoption of State Law
9-1-32 Deleted (10/7/93, Resolution 1993-530, Certified 10/12/93).
Deeds of Trust
9-1-60 Deeds of Trust
9-1-61 Exceptions in Adopting of State Law
Forfeiture of Real Estate Contracts
9-1-90 State Law Adopted as Tribal Law
9-1-92 Exceptions in Adopting State Law
Severability
9-1-120 Severability


CHAPTER 9-2 DONATED PROPERTY


 
9-2-1 Title
9-2-2 Purpose
9-2-3 Definition and Scope
9-2-4 Donations, Who May Accept
9-2-5 Recording and Registration
9-2-6 Use of Donated Personal Property
9-2-7 Disposal of Donated Personal Property
9-2-8 Violations


CHAPTER 9-3 LANDLORD TENANT RELATIONS


 
9-3-1 Jurisdiction and Scope
9-3-2 Notification of Suit
9-3-3 Defenses
9-3-4 Law to be Applied
9-3-5 Eviction Procedures
9-3-6 Unlawful Detainer
9 9-3-7 Notice
9-3-8 Procedures for Service of Notice
-3-9 Complaint and Summons Contents
9-3-10
9-3-11 Power of the Tribal Court
9-3-12 Continuance in Cases Involving the Secretary
9-3-13 Enforcement
9-3-14 Definitions


CHAPTER 9-4 INTERFERENCE WITH TRIBAL PROPERTY


 
9-4-1 Definitions
9-4-2 Interference Prohibited
9-4-3 Procedure for Possession of Property
9-4-4 Summary Issuance of Order
9-4-5 Issuance Upon Hearing
9-4-6 Summary Denial of Order
9-4-7 Production of Court Order
9-4-8 Court Decisions Final
9-4-9 Miscellaneous


CHAPTER 9-5 REALITY

 
9-5-1 Lease Language


CHAPTER 9-6 LEASEHOLD MORTGAGES
(Federal Program)


 
9-6-1 Purpose
9-6-2 Definitions
9-6-3 Priority
9-6-4 Recording
9-6-5 Leasehold Mortgage Foreclosure Proceeding
9-6-6 Service of Process and Procedure
9-6-7 Alternate Service
9-6-8 Certified Mailing to Tribe and Lessor
9-6-9 Intervention
9-6-10 Cure of Default by Subordinate Lienholder
9-6-11 Power of the Tribal Court
9-6-12 No Redemption
9-6-13 No Deficiency Judgment
9-6-14 Remedies Exclusive
9-6-15 No Merger
9-6-16 Limited Waiver of Immunity
9-6-17 Trust Status of Land

TITLE 10 EMPLOYMENT AND CONTRACTING

CHAPTER 10-1 TRIBAL EMPLOYMENT RIGHTS

 
10-1-1 Declaration of Policy
10-1-2 Definitions
10-1-3 Indian Preference in Employment
10-1-4 Indian Preference in Contracting
10-1-5 Unions
10-1-6 Commission; Members; Compensation: Quorum
10-1-7 Powers of the Commission
10-1-8 Director; Qualifications; Staff; Duties
10-1-9 Authority of Director
10-1-10 Intergovernmental Relationships
10-1-11 Employment Rights Fee
10-1-12 Complaints
10-1-13 Investigations
10-1-14 Power to Require Testimony & Production of Records
10-1-15 Enforcement
10-1-16 Appeals
10-1-17 Confiscation and Sale
10-1-18 Indian Preference - General Provisions
10-1-19 Dissemination
10-1-20 General Requirements [RESERVED]
10-1-21 Submission of Compliance Plan
10-1-22 Hiring
10-1-23 Training
10-1-24 Job Qualifications, Accommodation, Personnel Requirements, and Religious Accommodations
10-1-25 Promotion
10-1-26 Summer Students
10-1-27 Retaliation
10-1-28 Counseling and Support Programs
10-1-29 Indian Preference In Contracting and Subcontracting
10-1-30 Responsibility for Compliance
10-1-31 Requirements in Contracting
10-1-32 Requirements in Subcontracting
10-1-33 Responsibility for Evaluating Technical Qualifications and Reasonable Price
10-1-34 Operation of the Contract of Subcontract
10-1-35 Brokering and Fronts
10-1-36 Certifying Firms As Indian Preference Eligible
10-1-37 Criteria for Indian Contract Preference Certification
10-1-38 Certification Procedures
10-1-39 Provision for Collection of Fees
10-1-40 Employers with a Permanent Place of Business Within the Lands and Territories of the Colville Reservation
10-1-41 Alternative Arrangement
10-1-42 Reports and Monitoring
10-1-43 Individual Complaint Procedures
10-1-44 Compliance and Hearing Procedures
10-1-45 Sanctions
10-1-46 Appeals
10-1-47 Bonds
10-1-48 Attachment
10-1-49 Irreparable Harm
10-1-50 Pre-Hearing Procedures
10-1-51 Conduct of the Hearing
10-1-52 The Decision


CHAPTER 10-2 TRIBAL EMPLOYEE RECORDS CONFIDENTIALITY

 
10-2-1 Policy
10-2-2 Definitions
10-2-3 Duty Not to Disclose
10-2-4 Exception to the Rule Against Disclosure
10-2-5 Duty to Notify
10-2-6 Penalties
10-2-7 Grievance Procedure
10-2-8 Required Disclosure
10-2-9 Sovereign Immunity


CHAPTER 10-3 INDIAN PREFERENCE IN CONTRACTING

 
10-3-1 General
10-3-2 Certification
10-3-3 Indian Preference
10-3-4 Indian Preference in the Award of Contracts and Subcontracts
10-3-5 Preference Not Feasible
10-3-6 Other Preference Provisions
10-3-7 Review Procedures for Complaints Alleging Inadequate or Inappropriate Provision of Preference
10-3-8 Sanctions


RULES OF PROCEDURE, AMENDMENT, AND CODIFICATION


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