The Cherokee Code: Published by Order of the Tribal Council of the Eastern Band of Cherokee Indians

Officials of the Eastern Band of the Cherokee Nation at the Time of This Codification

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Michell Hicks
Principal Chief
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Larry Blythe
Vice-Chief
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Cherokee Tribal Council

Chairman
Dan McCoy, Birdtown Township

Vice-Chairman
Alan B. Ensley, Yellowhill Township

Members
David Wolfe, Yellowhill Township
Carroll J. Crowe, Wolfetown Township
Marie L. Junaluska, Painttown Township
Angela Kephart, Snowbird and Cherokee County Township
Perry Shell, Big Cove Township
Jim Owle, Birdtown Community
Mike Parker, Wolfetown Township
Abe Wachacha, Snowbird & Cherokee County Township
Tommye B. Saunooke, Painttown Township
Mary W. Thompson, Big Cove Township

Preface

This Code constitutes a recodification of the general laws and permanent ordinances and resolutions of the Eastern Band of the Cherokee Nation.

Source materials used in the preparation of the Code were the 1992 Code and ordinances and resolutions subsequently adopted by the Tribal Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The history note indicates the number of the ordinance or resolution, and the effective date thereof. By use of the comparative table appearing in the back of this Code, the reader can locate any ordinance or resolution included herein.

The chapters of the Code have been conveniently arranged and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together have been included.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Chapter numbers generally will coincide with the North Carolina General Statutes to aide attorneys and others researching the law of the Eastern Band. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE CHAPTERS [chapter number: page number]	1:1
CODE COMPARATIVE TABLE	CCT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Mary Grace Tavel, Supervising Editor, and Robert McNaughton, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to David L. Nash, Associate Counsel, Office of the Attorney General, for his cooperation and assistance during the progress of the work on this publication. The Eastern Band also acknowledges the vision and dedication of Bradley B. Letts, Attorney General, in pursuing the republication of this expanded Code, the work of Alysia E. LaCounte of Brown & LaCounte in initially compiling this Code, and the seminal work of Ben O. Bridgers, Esq., in publishing the original Cherokee Code. It is hoped that these efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the Eastern Band of the Cherokee Nation readily accessible to all members and which will be a valuable tool in the day-to-day administration of the Tribe's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the Eastern Band of the Cherokee Nation. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; numbering system; code comparative table; and indexes. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the Eastern Band of the Cherokee Nation.

© Copyrighted material.

Municipal Code Corporation and the Eastern Band of Cherokee Indians. 1999.

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