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Burns Paiute Tribe - Tribal Code

Updated: January 2011

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Table of Contents

PREAMBLE

TRIBAL CONSTITUTION

RESERVATION DESCRIPTION
Legal Description of Main Reservation
Legal Description of Indian Joe Allotment Land
Legal Description of Old Camp

PUBLIC LAW 280; RETROCESSION BY STATE OF OREGON
18 USC § 1162 State jurisdiction over offenses committed by or against Indians in the Indian country
28 USC § 1360 State civil jurisdiction in actions to which Indians are parties

HISTORICAL DOCUMENTS

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1.1.2 Prior Inconsistent Codes and Ordinances Repealed
1.1.4 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 Burns Paiute Tribal Court Jurisdiction Defined
1.1.71 Means to Carry Jurisdiction into Effect
1.1.72 Concurrent Jurisdiction
1.1.73 Implied Consent to Jurisdiction
1.1.74 Acts Submitting Person to Civil Jurisdiction of Tribal Court
1.1.75 Acts Submitting Person to Criminal Jurisdiction of Tribal Court

Appointment and Removal of Judges
1.1.100 Chief Judge and Associate Judges
1.1.101 Appointment, Compensation and Term
1.1.102 Judicial Cooperation
1.1.106 Judges Protem

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

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
1.1.185 Tribal Court Bar; Disbarment
1.1.186 Contempt of Court
1.1.187 Appeal

Juries
1.1.220 Eligibility of Jurors
1.1.221 Number of Jurors
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
1.1.289 Conflict of Interest Disqualification
1.1.290 Costs of Appeal
1.1.291 Bond
1.1.292 General Provisions
1.1.293 Record on Appeal
1.1.294 The Briefs and Motion Papers; General Provisions
1.1.295 Contents of the Briefs
1.1.296 Appendices
1.1.297 Pre-argument Conference
1.1.298 Finality

Clerk and 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 or Minor
1.1.354 Code
1.1.355 Tribe
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 Contempt of Court
1.1.401 Acts or Failures to Act Which Constitute Contempt of Court
1.1.402 Civil Contempt
1.1.403 Criminal Contempt
1.1.404 Contempt Procedure

Court Fees
1.1.500 Civil Filing Fees
1.1.510 Trial Fees
1.1.520 Appeals
1.1.530 Court Fees
1.1.540 Miscellaneous Court Fees
1.1.550 Bar Admission Fees
1.1.560 Waiver of Fees

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 Impaneling the Jury
1.2.41 Swearing in Witnesses
1.2.42 Conduct of Trial
1.2.43 Final Argument

Evidence
1.2.50 Purpose
1.2.51 Short Title
1.2.53 Definitions
(a) " Common Law"
(b) "Competent"
(c) "Cross-Examination"
(d) "Direct Examination"
(e) "Evidence"
(f) "Hearsay"
(g) "Judicial Notice"
(h) "Material"
(i) "Oath"
(j) "Preponderance of Evidence"
(k) "Set-Over"
(l) "Sustained"
(m) "Testimony"
1.2.54 Scope
1.2.55 Burden of Persuasion
1.2.56 Admissibility
1.2.57 Hearsay
1.2.58 Exclusion of Evidence
1.2.59 Judicial Notice
1.2.60 Expert Opinion
1.2.61 Testimonial Evidence and Examination
1.2.62 Depositions in Lieu of Testimony
1.2.63 Investigations

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

Limitations of Actions
1.2.100 Civil

TITLE 2 RULES OF PROCEDURE
CHAPTER 2.1 CRIMINAL ACTIONS
Scope and Authority
2.1.1 Scope of the Rules
2.1.2 Authority and Basis of Decisions

Preliminary Provisions
2.1.10 Preliminary Provisions
(a) Prosecution of offenses
(b) Rights of the defendant
(c) Limitations
(d) The Complaint
(e) Arrest/Hot Pursuit
(f) Warrants or Summons
(g) Search warrants
(h) Citations, Contents, Effects, Procedures
(i) Arraignment
(j) Joinder of Offenses and Defendants
(k) Pleas
(l) Time of Trial
(m) Bail and Bonds
(n) Fine Schedule
(o) Pleadings and Pre-Trial Motions; Defenses and Objections
(p) Discovery and Inspection
(q) Subpoenas

Trial
2.1.20 Trial
(a) Judge or jury trial
(b) Juries
(c) Judges Disability
(d) Evidence
(e) Continuances
(f) Open Proceedings
(g) Exclusion of Witnesses
(h) Expert Witnesses
(i) Interpreters
(j) Motions for Acquittal
(k) Instructions
(l) Verdict

2.1.30 Judgment
(a) Judgment
(b) Sentencing
(c) Probation
(d) Parole
(e) Vacating Sentence
(f) Disposition of Fines
(g) Default on fine
(h) Disposition of Property Confiscated by the Court
(i) New Trial

Appeal
2.1.40 Appeal
(a) Right of Appeal
(b) Stay of Judgment and Relief Pending Appeal
(c) Appellate Court Review

Miscellaneous
2.1.50 Any Person

CHAPTER 2.2 CIVIL ACTIONS
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
2.2.72 Civil Papers from Other Jurisdictions

Civil Procedure
2.2.100 Standard of Proof
2.2.101 Jury
2.2.102 Applicable Law
2.2.103 Customs

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

Federal Rules of Civil Procedure
2.2.175 Federal Rules of Civil Procedure

Judgments of Other Courts; Recognition and Enforcement of Foreign Judgments
2.2.400 Title
2.2.401 Definitions for Burns Paiute Uniform Enforcement of Foreign Judgments Code
2.2.402 Filing of Foreign Judgment; Effect
2.2.403 Notice of Filing of Judgment; Delay in Enforcement
2.2.404 Grounds for Staying Enforcement of Judgment; Security for Satisfaction of Judgment
2.2.405 Interest and Costs
2.2.406 Satisfaction of Judgment; Filing
2.2.407 Construction

CHAPTER 2.3 GARNISHMENT
Garnishment
2.3.20 Purpose
2.3.21 Background and Intent
2.3.22 Definitions
(a) "Debtor"
(b) "Creditor"
(c) "Garnishee"
(d) "Judgment"
(e) "Person"
(f) "Reservation"
(g) "Tribe"
(h) "Writ"
(i) "Tribal Court" or "Court"
2.3.25 Jurisdiction
2.3.26 Garnishment Described
2.3.27 Persons by and for Whom Writ of Garnishment Issued
2.3.28 Writs Issued by Court Clerk; Procedure; Payments; Release of Property
2.3.30 Rate of Garnishment; Claims of Exemption; Procedure
2.3.31 Form for Writ Issued by Court Clerk
2.3.32 Delivery of Writ; Insurance of Deliverer; Fee
2.3.33 Effect of Delivery of Writ on Property of Debtor; Property to Which Garnishment Does Not Apply
2.3.34 Copy to Debtor; Method of Delivery; Duty of Creditor; Civil Penalty
2.3.35 Form of Notice of Exemptions or Exclusions
2.3.36 Duty of Garnishee
2.3.37 Certificate of Garnishee
2.3.38 Liability of Garnishee Who Fails to File Certificate or Deliver Property
2.3.40 When Garnishee Punishable for Contempt
2.3.42 Receipt and Disbursement of Funds
2.3.44 Garnishment of Property of Debtor Held by Another Person
2.3.46 Receipt of certificate of Garnishee by Tribal Police; Duties
2.3.48 Disposition of Property Delivered to Court Clerk or Tribal Police; Payment of Expenses; Claim of Exemption
2.3.50 [RESERVED FOR EXPANSION]
2.3.52 Multiple Writs; Priority
2.3.54 Sovereign Immunity Intact
2.3.56 Severability

CHAPTER 2.4 EXCLUSION
General Provisions
2.4.10 Authority, Interpretation, and Purpose
2.4.11 Severability

Exclusion and Grounds Thereof
2.4.30 Who May Be Excluded
2.4.31 Grounds for Exclusion
2.4.32 Additional Grounds for the Exclusion of Non-Members

Procedure
2.4.60 Standing
2.4.61 Authorization of Complaints for Exclusion
2.4.62 Procedures
2.4.63 Orders of Exclusion
2.4.64 Conditional and Contingent Orders of Exclusion

Enforcement
2.4.70 Enforcement of Orders of Exclusion

Immediate Removal
2.4.80 Immediate Removal

Revocation or Amendment of Orders of Exclusion
2.4.90 Revocation or Amendment of Orders of Exclusion

TITLE 3 OFFENSES
CHAPTER 3.1 CRIMINAL OFFENSES
Offenses Against the Person
3.1.1 Kidnapping and Custodial Interference
3.1.2 Menacing
3.1.3 Assault
3.1.4 Criminal Homicide
3.1.5 Sex Abuse
3.1.6 Rape
3.1.7 Harassment

Offenses Against Property
3.1.20 Burglary
3.1.21 Criminal Mischief
3.1.22 Embezzlement
3.1.23 Theft by Extortion
3.1.24 Forgery or Counterfeiting
3.1.25 Fraud; Fraudulent Credit Card Use
3.1.26 Theft by Receiving
3.1.27 Robbery
3.1.28 Theft
3.1.29 Theft of Services
3.1.30 Criminal Trespass
3.1.31 Unauthorized Use of Vehicle
3.1.32 Negotiating a Bad Check

Offenses Against the Family
3.1.40 Abuse of Vulnerable Adult
3.1.42 Bigamy
3.1.43 Contributing to the Delinquency of a Child
3.1.44 Criminal Non-Support
3.1.45 Furnishing Alcohol to a Person Under Twenty-One
3.1.46 Endangering the Welfare of a Child
3.1.47 Incest
3.1.48 Child Abandonment
3.1.49 Child Neglect
3.1.50 Failure to Send Child to School

Offenses Against the Administration of Government
3.1.60 Bribery
3.1.61 Conspiracy to Commit Offense
3.1.62 Doing Business without a License
3.1.63 Escape
3.1.64 False Alarm
3.1.65 Initiating a False Report
3.1.66 Criminal Impersonation of a Peace Officer
3.1.67 Misuse of Public Funds
3.1.68 Obstructing Governmental or Judicial Administration
3.1.69 Hindering Prosecution
3.1.70 Perjury
3.1.70 Refusing to Assist a Peace Officer
3.1.71 Resisting Arrest or Process
3.1.72 Tampering with Evidence
3.1.73 Tampering with a Witness or Juror

Public Morals, Order and Welfare Crimes
3.1.90 Animal Abuse
3.1.91 Disorderly Conduct
3.1.92 Drug Abuse
Definitions
(1) "Administer"
(2) "Controlled substance"
(3) "Delivery"
(4) "Drug"
(5) "Manufacture"
(6) "Marijuana"
(7) "Narcotic drug"
(8) "Production"
3.1.93 Controlled Substance – Definition
3.1.94 Drug Paraphernalia: Definitions
3.1.95 Prohibited Acts (Manufacture, Cultivate, Deliver): Penalties
3.1.96 Prohibited Acts (Possession): Penalties
3.1.97 Prohibited Acts (Drug Paraphernalia): Penalties
3.1.98 Defenses
3.1.99 Indecent Exposure
3.1.100 Public Intoxication
3.1.102 Use or Possession of Alcoholic Beverages Prohibited
3.1.103 Prostitution
3.1.104 Public Nuisance
3.1.105 Maintain Public Hazard
3.1.106 Riot
3.1.107 Spreading Venereal Disease
3.1.108 False Swearing
3.1.109 Unlawful Discharge of Display of Fireworks
3.1.110 Carrying or Displaying a Weapon
3.1.111 Carrying of Concealed Weapon
3.1.112 Weapons, Firing
3.1.113 Unlawful Photography
3.1.114 Minor in Possession by Consumption of Alcohol
3.1.115 Unlawful Burning

Other Offenses
3.1.140 Aiding or Abetting

Penalties
3.1.200 Class A Offense
3.1.201 Class B Offense
3.1.202 Class C Offense
3.1.203 Probation
3.1.204 Disposition of Fines

Property Seized as Evidence
3.1.250 Property Seized as Evidence

Contempt Proceedings
3.1.260 Definitions
(a) "Confinement"
(b) "Contempt of Court"
(c) "Punitive sanction"
(d) "Remedial sanction"
3.1.265 Nature of contempt power
3.1.266 Right to appointed counsel
3.1.267 Types of sanctions
3.1.270 Procedure for imposition of remedial sanctions
3.1.271 Procedure for imposition of punitive sanctions
3.1.272 Compelling attendance of defendant
3.1.273 Compelling testimony of witnesses
3.1.274 Summary imposition of sanction
3.1.275 Sanctions authorized
3.1.276 Limitations of actions
APPENDIX A: Drug Classifications
APPENDIX B: Precursor Substances

CHAPTER 3.2 CIVIL INFRACTIONS
General Provisions
3.2.1 Definitions
3.2.2 Duties and Authority of Officers; Warrant not Required

Offenses
3.2.3 Trespass
3.2.4 Vandalism

Public Order
3.2.5 False Reporting
3.2.6 Use or Possession of Alcoholic Beverages
3.2.7 Harassment
3.2.8 Cruelty to Animals
3.2.9 Public Nuisance
3.2.10 Failure to Have Sewer Connection
3.2.11 Littering
3.2.12 Violation of Tribal Law

Administration of Government
3.2.13 Interference with Judicial Process

Penalties
3.2.14 Civil Penalties

Citations; Issuance / Response
3.2.40 Determination of Identification
3.2.41 Notice of Infraction
3.2.42 Failure to Sign Notice
3.2.43 Response to Notice

Hearings\Remedies
3.2.44 Hearings; Rules of Practice
3.2.45 Liquidated Damages
3.2.46 Liquidated Damage Presumption
3.2.47 Default Judgment
3.2.48 Disposition of Fees, Penalties, and Damages
3.2.49 Res Judicata / Collateral Estoppel

Other Civil Violations
3.2.120 Civil Action
3.2.121 Civil Penalty

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 Definitions
3.3.5 Inapplicable Provisions
3.3.6 Maximum Speed Limit
3.3.7 Procedural Provisions

Implied Consent
[RESERVED FOR EXPANSION]

3.3.18 Occupational Driver's Permit--Petition--Eligibility--Restrictions--Cancellation
3.3.19 Notice to Tribal Police Department

Traffic Infractions
3.3.20 Infraction - What Constitutes
3.3.21 Monetary Deterrent Schedule

TRAFFIC FEE SCHEDULE
CHAPTER 3.4 CENTRAL RECORDS DEPOSITORY
Criminal records kept by tribal court clerk's office

CHAPTER 3.5 FIREWORKS
[RESERVED FOR EXPANSION]

TITLE 4 NATURAL AND CULTURAL RESOURCES
CHAPTER 4.1 HUNTING
Tribal Hunting Permits
4.1.1 Possession
4.1.2 Definitions
4.1.3 Designated Party
4.1.4 Ceremonial Hunting
4.1.5 Youth Hunters
4.1.6 Issuance

Weapons
4.1.10 Weapons

Hunting Areas
4.1.20 Hunting Areas

Restrictions
4.1.30 Restrictions

Civil Violation
4.1.40 Civil Violation

Hunting Regulations for the Burns Paiute Indian Reservation
4.1.50 Game Birds
4.1.51 Bag Limits
4.1.52 Hunting Season for Game Birds
4.1.53 Hunting Season for Deer
4.1.54 Bag Limit for Deer
4.1.60 Area
4.1.61 Livestock and Pets
4.1.62 Target Practice

Permits
4.1.70 Duration
4.1.71 Area
4.1.72 Possession
4.1.73 Permit Forms

CHAPTER 4.2 CULTURAL RESOURCE PROTECTION
Cultural Resources Protection
4.2.100 Title
4.2.101 Tribal Policy and Legislative Intent

Cultural Resources Office and Burns Paiute Cultural Coalition Committee; Protection of Cultural Resources
4.2.110 Cultural & Heritage Department & Committee
4.2.111 Protection of Cultural Resources-General Rules
4.2.112 Designation of Culturally Significant
4.2.113 Tribal register of Cultural Sites-Protected Sites Status

Cultural, Ethnographical, Historical, and Archaeological Studies
4.2.114 Permission Required-Cultural Resources Office

Offenses Against the Burns Paiute Tribe
4.2.115 General Offenses
4.2.116 Indian Offenses
4.2.117 Violation of Permit Terms

Tribal Court; Tribal Prosecutor; Law Enforcement
4.2.130 Tribal Court Jurisdiction
4.2.131 Tribal Prosecutor
4.2.132 Burns Paiute Tribal Police Department
4.2.133 Appeals
4.2.134 Culture & Heritage Department - Appeal of Office Decisions
4.2.135 Administrative Appeals - Appeal of Council Decisions

Penalties for Violations
4.2.150 Criminal Penalties
4.2.151 Civil Penalties
4.2.152 Civil Damages
4.2.153 Forfeiture of Contraband
4.2.154 Suspension of Privilege to Exercise Traditional Rights on the Burns Paiute Reservation
4.2.155 Seizure of Security
4.2.156 Removal from Reservation
4.2.157 Tribal Policy with Regard to Management Activities Outside the Burns Paiute Reservation
4.2.158 Reports of Significant Activity Outside of the Burns Paiute Reservation
4.2.159 Exercise of Traditional Rights on Tribal Lands and Lands Managed by the Burns Paiute Tribe

American Indian Religious Freedom Act
4.2.170 Tribal Policy and Legislative Intent
4.2.171 Protection of Indian Religious Freedom
4.2.172 Protection of Sacred Sites and Recovery of Sacred Resources
4.2.173 Receipt of Artifacts and Cultural Resources Donated and Purchase
4.2.174 Access to Sacred Sites

Protection of Indian Graves
4.2.180 Tribal Policy and Legislative Intent
4.2.181 Procedures for Obtaining Consent
4.2.182 Native American Graves Protection and Repatriation Act
4.2.183 Standards and Procedures for the Discovery and Handling of Ancestral Human Remains

Oregon Land Conservation and Development Commission; Goal 5 Implementation
4.2.190 Tribal Policy and Legislative Intent

Miscellaneous
4.2.200 Tribal Contracting with Federal and State Agencies
4.2.201 Application-Code
4.2.202 Severability
4.2.210 Definitions
(a) "Adverse effect"
(b) "Agricultural use"
(c) "Ancestral burial site" or "Burial Site"
(d) "Ancestral human remains" or "Human Remains"
(e) "Archaeological resource"
(f) "Archaeological site"
(g) "Burns Paiute Tribal Council"
(h) "Buffer Zone"
(i) "Clearance"
(j) "Clearance permit"
(k) "Consultation"
(l) "Cultural resources"
(m) "Cultural Resources Protection Program"
(n) "Cultural Resources Studies"
(o) "Cultural site"
(p) "Cumulative Effects"
(q) "Funerary objects"
(r) "General Council"
(s) "Genetic descendent"
(t) "Ground Disturbing Activity"
(u) "Historic site"
(v) "Human remains"
(w) "Indian"
(x) "In situ"
(y) "Mitigation"
(z) "Museum collections"
(aa) "Native American"
(bb) "Objects of Cultural Patrimony"
(cc) "Post-depositional disturbance"
(dd) "Protected lands"
(ee) "Protected objects"
(ff) "Protected object classification"
(gg) "Protected sites"
(hh) "Reburial"
(ii) "Reconnaissance Survey"

CHAPTER 4.3 RANGELAND MANAGEMENT
[RESERVED FOR EXPANSION]

TITLE 5 FAMILY LAW
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

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

Parentage
5.1.160 "Parent and Child Relationship" Defined
5.1.161 Presumption of Paternity
5.1.162 Artificial Insemination
5.1.163 Determination of Father and Child Relationship; Who May Bring Action When Action Maybe Brought
5.1.164 Jurisdiction
5.1.165 Parties
5.1.166 Blood Tests
5.1.167 Evidence Relating to Paternity
5.1.168 Civil Action Testimony; Evidence-Jury
5.1.169 Judgment or Order Determining Parent and Child Relationship; Support Judgment and Orders; Custody
5.1.170 Support Orders; Time Limit; Exception
5.1.171 Temporary Support; Temporary Restraining Order; Preliminary Injunction; Support Debts; Notice
5.1.172 Enforcement of Judgments or Orders
5.1.173 Modification of Judgment or Order; Continuing Jurisdiction
5.1.174 Action to Determine Mother and Child Relationship

CHAPTER 5.2 JUVENILES
Preliminary Provisions
5.2.10 Short Title
5.2.11 Purpose and Construction
5.2.12 Indian Child Welfare Act

Definitions
5.2.20 Definitions
(1) "Abandon"
(2) "Abuse"
(3) "Adjudicatory Hearing"
(4) "Adult"
(5) "Child" or "Juvenile"
(6) "Custodian"
(7) "Dependency Proceeding"
(8) "Detention"
(9) "Dispositional Hearing"
(10) "Domicile"
(11) "Elder's Council"
(12) "Emancipation"
(13) "Extended Family"
(14) "Foster Home" or "Foster Care"
(15) "Guardian"
(16) "Juvenile Services Coordinator"
(17) "Indian"
(18) "Indian Child Welfare Advisory Committee"
(19) "Juvenile Court"
(20) "Juvenile Court Judge"
(21) "Juvenile in Need of Care"
(22) "Juvenile Offender"
(23) "Juvenile Offense"
(24) "Least Restrictive"
(25) "Legal Custody"
(26) "Neglect"
(27) "Parent"
(28) "Petition"
(29) "Presenting Officer"
(30) "Probable Cause"
(31) "Probation"
(32) "Protective Supervision"
(33) "Reasonable Grounds"
(34) "Reservation"
(35) "Restitution"
(36) "Shelter Care Facility"
(37) "Significant Family-Type Relationship"
(38) "Social Services Department"
(39) "Spokesperson"
(40) "Status Offense"
(41) "Title IV-E Cases"
(42) "Tobacco Products"
(43) "Tribal Council"
(44) "Tribal Court"
(45) "Tribe" or "Tribal"
(46) "Unfit"
5.2.21 Other Terms

The Juvenile Court System
5.2.30 Establishment
5.2.31 Jurisdiction
5.2.32 Continuing Jurisdiction
5.2.33 Full Faith and Credit
5.2.34 Cooperative Efforts

Juvenile Court Personnel
5.2.40 Juvenile Court Judge
5.2.42 Court Clerk
5.2.43 Social Services Department
5.2.44 Tribal Police Department
5.2.45 Presenting Officer
5.2.46 Guardian Ad Litem and CASA
5.2.47 Indian Child Welfare Advisory Committee
5.2.48 Elder's Council
5.2.49 Additional Court Personnel

Rules of Procedure
5.2.50 Rules of Procedure, Generally
5.2.51 Evidence
5.2.52 Notice of Hearings; Summons
5.2.53 Time
5.2.54 Payment of Fees and Expenses
5.2.55 Intervention
5.2.56 Consolidation
5.2.57 Telephone Appearances
5.2.58 Testimony of a Child in Chambers or by Videotape
5.2.59 Contempt

Rights of Parties
5.2.60 Rights of Parties

Parental / Adult Responsibility
5.2.70 Parent as Party
5.2.71 Dispositions
5.2.72 Cost of Support

Placement Preferences
5.2.80 Placement Preferences

Medical Examinations
5.2.90 Court-Ordered Medical Examinations
5.2.91 Emergency Medical Examinations and Treatment

Juvenile Records
5.2.100 Confidentiality and Maintenance of Records
5.2.101 Law Enforcement Records
5.2.102 Destruction of Records
5.2.103 Juvenile Recording Tape Retention
5.2.104 Confidentiality of Dependency Proceeding Information
5.2.105 Contempt of Court

Foster Homes and Shelter Care and Detention Facilities
5.2.110 Certification of Foster Care and Shelter Care Providers
5.2.111 Standards, Rules, and Regulations
5.2.112 Monitoring; Revocation of Certification

Status Offenses
5.2.120 Curfew
5.2.121 Juvenile in Possession of Alcohol
5.2.122 Offenses Involving Tobacco

Taking an Alleged Juvenile Offender into Custody
5.2.130 Grounds for Taking an Alleged Juvenile Offender into Custody
5.2.131 Complaint
5.2.132 Warrant and Other Procedures
5.2.133 Tribal Law Enforcement Officer's Duties
5.2.134 Immediate Shelter Care or Detention
5.2.135 Custody Hearing
5.2.136 Procedure at Custody Hearing
5.2.137 Continued Custody

Investigation and Recommendation
5.2.140 Investigation and Recommendation
5.2.141 Fingerprinting and Photographs; Other Non-Testimonial Evidence

Informal Conferences
5.2.150 Informal Conferences
5.2.151 Informal Conferences - Disposition
5.2.152 Informal Conference - Post-Disposition

Initiation of Formal Juvenile Offender Proceedings
5.2.160 Petition
5.2.161 Setting of Adjudicatory Hearing

Adjudication and Disposition
5.2.170 Purpose of the Adjudicatory Hearing
5.2.171 Adjudicatory Hearing - Proof
5.2.172 Admission to Allegations
5.2.173 Predispositional Report
5.2.174 Dispositional Hearing: Timing and Notice
5.2.175 Dispositional Hearing: Findings and Order
5.2.176 Sex Offender Registration / Adam Walsh Child Protection and Safety Act Requirements

Review and Modification of Dispositional Orders
5.2.180 Review Hearings

Transfer to Adult Court
5.2.190 Request for Transfer to Adult Tribal Court
5.2.191 Transfer Hearing
5.2.192 Transfer to Adult Tribal Court

Duty to Report and Investigate Child Abuse and Neglect
5.2.200 Duty to Report Child Abuse and Neglect
5.2.201 Investigating Suspected Child Abuse or Neglect
5.2.202 Photographs

Voluntary Services and Placements
5.2.210 Voluntary Services
5.2.211 Voluntary Placements

Commencement of Juvenile in Need of Care Proceedings
5.2.220 Commencement of Juvenile in Need of Care Proceedings

Taking a Child into Protective Custody
5.2.230 Grounds for Taking a Child into Protective Custody
5.2.231 Emergency Custody Orders
5.2.232 Protective Custody

Temporary Protective Placements; Custody Hearing
5.2.240 Temporary Protective Placements
5.2.241 Custody Hearing

Investigation, Recommendation, and Services
5.2.250 Investigation and Services by Social Services Department

Informal Conference
5.2.260 Informal Conference
5.2.261 Informal Conference – Disposition
5.2.262 Informal Conference - Post-Disposition

Initiating Formal Juvenile in Need of Care Proceedings
5.2.270 Petition
5.2.271 Setting of Adjudicatory Hearing

Adjudication
5.2.280 Adjudicatory Hearing
5.2.281 Adjudicatory Hearing - Proof
5.2.282 Ward of the Court

Disposition
5.2.290 Predispositional Report
5.2.291 Dispositional Hearing: Timing and Notice
5.2.292 Dispositional Hearing
5.2.293 Dispositional Alternatives
5.2.294 Preferences for Foster Care and Shelter Care Placements
5.2.295 Case Plan / Service Agreement
5.2.296 Case Review

Review and Modification of Dispositional Orders
5.2.300 Review Hearings
5.2.301 Notification of Changes

Indian Child Welfare Advisory Committee
5.2.310 Indian Child Welfare Advisory Committee Meetings
5.2.311 Indian Child Welfare Advisory Committee Recommendations

Permanent Plan Hearings
5.2.320 Permanent Plan Hearings
5.2.321 Permanent Plan Review Hearings

Dependency Proceedings in Other Courts
5.2.330 Transferring Jurisdiction to the Juvenile Court
5.2.331 Other Requests to Transfer Jurisdiction
5.2.332 Intervention in Dependency Proceedings in Other Courts
5.2.333 Transferring Jurisdiction from the Juvenile Court

Guardianships
5.2.340 Appointment of a Guardian for a Child Found to be a Juvenile in Need of Care
5.2.341 Powers and Duties of A Guardian of a Child
5.2.342 Preferences in Appointing Guardians
5.2.343 Voluntary Temporary Guardianships
5.2.344 Letters of Guardianship
5.2.345 Termination of Guardianships

Termination of Parental Rights
5.2.350 Purpose
5.2.351 Effect of the Termination of Parental Rights
5.2.352 Filing of a Petition by the Presenting Officer
5.2.353 Petition
5.2.354 Voluntary Termination (Relinquishment) of Parental Rights
5.2.355 Termination of Parental Rights Hearing – Timing and Notice
5.2.356 Pre-Hearing Report
5.2.357 Termination of Parental Rights Hearing
5.2.358 Disposition

Adoptions
5.2.370 Policy
5.2.371 Who May Adopt
5.2.372 Who May Be Adopted
5.2.373 Order of Preference for Adoption
5.2.374 Petition for Adoption
5.2.375 Investigative Report
5.2.376 Hearing on the Petition for Adoption
5.2.377 Order on Petition for Adoption
5.2.378 Adoption Records

Name Change
5.2.400 Title
5.2.401 Jurisdiction; Grounds
5.2.402 Notice of Application and Judgment; Notice for Change of Name of Minor Child
5.2.403 Name of Child on Birth Certificate, How Changed; Court Conference with Child
5.2.404 Application by Minor Child; Court Conference

Emancipation
5.2.420 Petition for Emancipation
5.2.421 Emancipation Hearings
5.2.422 Conditions for Issuance of Decree of Emancipation
5.2.423 Decree of Emancipation

Request for a New Hearing / Juvenile Appeals
5.2.430 Request for a New Hearing
5.2.431 Appeals

CHAPTER 5.3 DOMESTIC VIOLENCE
Domestic Violence – General Provisions
5.3.10 Purpose
5.3.11 Jurisdiction
5.3.12 Definitions
(a) "Domestic violence"
(b) "Domestic household member"
(c) "Domestic protection order"
(d) "Program of Intervention for Perpetrators"
5.3.13 Crime Involving Domestic Violence
5.3.14 Domestic Violence
5.3.15 Child Abuse
5.3.16 Violation of Domestic Protection Orders is a Crime
5.3.17 Duties of Law Enforcement Officer to Victim of Domestic Violence; Required Notice to Victim
5.3.18 Mandatory Arrest for Crimes Involving Domestic Violence; Determination of Primary Aggressor; Required Report
5.3.19 Mandatory Arrest for Violations of Domestic Protection Orders
5.3.20 Pre-Arraignment Release
5.3.21 Conditions of Release
5.3.22 Mandatory Arrest for Violation of Conditions of Release
5.3.23 Written Procedures for Prosecution of Domestic Violence; Purpose
5.3.24 Duty of Prosecutor to Notify Victim
5.3.25 Record of Dismissal Required in Court File
5.3.26 Dismissal of Criminal Case Prohibited Because Civil Compromise Reached
5.3.27 Rights of Victims of Domestic Violence; Duty of Prosecutor to Inform Victim of Rights
5.3.28 Advocate-Victim Privilege Applicable in Cases Involving Domestic Violence
5.3.29 Diversion Prohibited; Deferred Sentencing Permitted
5.3.30 Conditions of Probation for Perpetrator Convicted of A Crime Involving Domestic Violence; Required Reports by Probation Department/Tribal Police
5.3.31 Required Written Policies and Procedures

Civil Domestic Violence Protection Orders
5.3.40 Eligible Petitioners for Order
5.3.41 Action for Protection
5.3.42 Fees Waived
5.3.43 Ex-parte Temporary Domestic Protection Order
5.3.44 Domestic Protection Order

Full Faith and Credit Given to Domestic Protection Orders
5.3.50 Purpose
5.3.51 Definitions
(a) Ex Parte Protection Order
(b) Permanent Order of Protection
(c) Mutual Protection Order
(d) Issuing Court
(e) Enforcing Court
(f) Full Faith and Credit
(g) Registration
(h) Central registry of protection orders
5.3.52 Enforcement of Foreign Protection Orders
5.3.53 Role of Law Enforcement in Enforcing this Section
5.3.54 Immunity for Good Faith Enforcement of Foreign Protection Order
5.3.55 Role of Tribal Court in Enforcing This Section
5.3.56 Registration of Foreign Protection Order with the Tribal Court
5.3.57 Violation of Foreign Protection Order
5.3.58 Continuing Duty to Inform the Court of Other Proceedings; Effect of Other Proceedings; Delay of Relief; Omission of Petitioner's Address
5.3.59 Effect of Action by Petitioner or Respondent on Order
5.3.60 Mutual Orders Prohibited

Family and Children
5.3.70 Presumption Concerning Custody
5.3.71 Factors in Determining Custody and Visitation
5.3.72 Presumption Concerning Residence of Child
5.3.73 Conditions of Visitation in Cases Involving Domestic Violence
5.3.74 Duties of Children's Protective Services

CHAPTER 5.4 ADULT PROTECTION
General Provisions
5.4.10 Definitions
5.4.11 Eligibility
5.4.12 Civil nature of Code
5.4.13 Procedural rights
5.4.14 Definitions
(1) "Abuse"
(2) "Adult protective services"
(3) "Caretaker"
(4) "Designated Tribal authority"
(5) "Elder"
(6) "Essential services"
(7) "Emergency situation"
(8) "Exploitation"
(9) "Incapacitated person"
(10) "Informed consent"
(11) "Least restrictive alternative"
(12) "Mental injury"
(13) "Neglect"
(14) "Physical injury"
(15) "Sexual abuse"
(16) "Tribal police department"
(17) "Visitor"
(18) "Vulnerable adult"
5.4.15 Reports of Abuse, Neglect and Exploitation - Penalties – Confidentiality
5.4.16 Designated Tribal Authority's Investigative Action on Reports
5.4.17 Voluntary Adult Protective Services
5.4.18 Adult Protective Services Order
5.4.19 Emergency Adult Protective Services Order
5.4.20 Procedures for Determining Incapacity
5.4.21 Adult Protection Team
5.4.22 Regulations
5.4.23 Severability

TITLE 6 WILLS, TRUSTS AND ESTATES
CHAPTER 6.1 WILLS: EXECUTION AND CONSTRUCTION
6.1.10 Who May Make a Will
6.1.11 Making and Execution of Wills; Wills Executed Outside Tribal Lands
6.1.12 Implied and Express Revocation of Will
6.1.13 Devise or Bequest to Subscribing Witness
6.1.14 Reference to Document Creating Trust
6.1.15 Uniform Testamentary Additions to Trusts Act
6.1.16 Effect of Devise of All Real Property
6.1.17 Reference to Internal Revenue Code
6.1.18 Gift to Spouse; Reference to Federal Provisions re Estate Tax and Marital Deduction
6.1.19 Encumbrances on Property of Decedent or on Proceeds of Insurance Policy on Life of Decedent Not Chargeable Against Assets of Decedent's Estate
6.1.20 Bequest of Perishable Property for Life or Years

CHAPTER 6.2 PROBATE
General
6.2.10 Title
6.2.11 Definitions
(1) "Administrator"
(2) "Decedent"
(3) "Heir"
(4) "Indian"
(5) "Intestate"
(6) "Intestate succession"
(7) "Issue"
(8) "Personal property"
(9) "Public Administrator"
(10) "Real property"
(11) "Siblings"
(12) "Take by representation"
(13) "Testator"
(14) "Tribal Court"
(15) "Tribe"

Jurisdiction of Tribal Court
6.2.20 Jurisdiction of Tribal Court
6.2.21 Control of Funeral Arrangements

Intestate Succession and Wills
6.2.30 Distribution Pursuant to Will
6.2.31 Who May Make a Will
6.2.32 Validity of a Will
6.2.33 Intestate Succession
6.2.34 Escheat
6.2.35 Effect of Adoption
6.2.36 Effect of Feloniously Taking Life of Another

Initiation of Probate
6.2.40 Duty to Present Will for Probate
6.2.41Proving and Admitting Will
6.2.42 Contest of Will
6.2.43 Admission of Contested Will to Probate
6.2.44 Initiating Administration of Estate
6.2.45 Appointment, Qualifications and Duties of Administrator
6.2.46 Appointment and Duties of Appraiser
6.2.47 Summary Probate of Exempt Estates
6.2.48 Homestead Exemption
6.2.49 Claims Against the Estate
6.2.50 Payment of Claims
6.2.60 Sale of Property
6.2.70 Annual Accounting
6.2.71 Settlement of Final Account, Determination of Heirship
6.2.80 Closing Estate
6.2.81 Reopening Closed Estate
6.2.82 Notice of Action

CHAPTER 6.3 TRUSTS
6.3.30 Trustee to Receive Proceeds of Pension, Retirement, Death Benefit and Profit-Sharing Plans
6.3.31 Bonds of Testamentary Trustees
6.3.32 Vacancies in Office of Trustee
6.3.33 Legal Title Vests in Trustee Appointed to Fill Vacancy
6.3.34 Foreign Trustee's Custody of Trust Estate; Jurisdiction of Probate Court Over Trusts Created by Non-Domiciliaries
6.3.35 Appointment of Trustee When Person has Disappeared; Trustee's Rights and Duties; Procedure if Person Reappears
6.3.36 Suspension of Fiduciary Powers During Armed Forces Service
6.3.37 Income from Property Acquired by Trustee by Conveyance or Foreclosure When Mortgage Formerly Held by Trustee
6.3.38 Distribution by Testamentary Trustee Upon Completion of Trust
6.3.39 Distribution of Assets of Inoperative Trust
6.3.40 Settlement of Trust Estate When Beneficiary has Been Absent Seven Years
6.3.41 Termination of Small Trusts
6.3.42 Tribal Court Jurisdiction to Reform Instrument to Ensure Allowance of Marital Deduction; Qualified Domestic Trust
6.3.43 Statutory Rule Against Perpetuities
6.3.44 When Non-Vested Property Interest or Power of Appointment Created
6.3.45 Reformation
6.3.46 Exclusions from Statutory Rule Against Perpetuities
6.3.47 "Majority" Defined for Trusts Executed Prior to October 1, 1972
6.3.48 Rule Against Perpetuities
6.3.49 Reduction of Age Contingency to Preserve Interest
6.3.50 Exemption of Certain Employees' Trust Funds from the Rule Against Perpetuities
6.3.51 Charitable Trusts
6.3.52 Charitable Uses Determined by Trustee, When
6.3.53 Gifts to Charitable Community Trust
6.3.54 Community Trustees to Render Annual Accounts. Hearing on Adjustment and Allowance
6.3.55 Probate Court Jurisdiction to Reform Instruments to Federal Tax Requirements
6.3.56 Termination of Charitable Trusts
6.3.57 Definitions
(1) "Institution"
(2) "Institutional fund"
(3) "Endowment fund"
(4) "Governing board"
(5) "Historic dollar value"
(6) "Gift instrument"
6.3.58 Expenditure of Net Appreciation, Standards
6.3.59 Exception and Restriction on Expenditure of Net Appreciation; Construction
6.3.60 Accumulation of Annual Net Income, Standards
6.3.61 Exception and Restriction of Accumulation of Annual Net Income; Construction
6.3.62 Investment of Institutional Funds
6.3.63 Delegation of Powers of Investment
6.3.64 Standards Applicable to Actions of Governing Board
6.3.65 Release of Restriction in Gift Instrument: Written Consent, Court Order; Limitations; Doctrine of Cy-pres Applicable

CHAPTER 6.4 GUARDIANSHIP AND CONSERVATORSHIP
6.4.1 Legislative History and Explanatory Notes
6.4.2 Explanation
6.4.3 Intent
6.4.4 Definitions
(1) "Conservator"
(2) "Guardian"
(3) "Incapacitated person"
(4) "Minor"
(5) "Ward"
(6) "Indian"
6.4.5 Jurisdiction
6.4.6 Commencement of Proceedings
6.4.7 Persons Entitled to File Petitions
6.4.8 Contents of Petition
6.4.9 Notice of Proceedings
6.4.10 Preference in Appointing Conservator and/or Guardian
6.4.11 Hearings; Notice
6.4.12 Emergency Orders
6.4.13 Appointment of Spokesperson for Proposed Ward
6.4.14 Examination and Home Study
6.4.15 Findings and Appointment
6.4.16 Court Orders
6.4.17 Effect of Accepting Appointment as Conservator and/or Guardian
6.4.18 Termination or Removal of Conservatorship and/or Guardianship
6.4.19 Resignation of Conservator or Guardian
6.4.20 General Powers of Guardians
6.4.21 General Powers of Conservators
6.4.22 Powers of Conservator Pursuant to Tribal Court Order
6.4.23 Reports to the Tribal Court
6.4.24 Bonds
6.4.25 Penalties

CHAPTER 6.8 TOBACCO
6.8.10 Sale

CHAPTER 6.9 ANIMAL CONTROL AND PROTECTION
Management of Livestock
6.9.1 Livestock Infraction
6.9.2 Penalties and Damages
6.9.3 Demand for Payment
6.9.4 Impoundment

Dog Control
6.9.30 Definitions
(1) "Running At Large"
(2) "Animal Control Authority"
(3) "Stray Dogs"
(4) "Vicious Dog"
(5) "Proper Enclosure"
(6) "Owner"
(7) "Cruelty to Animals"
(8) "Provoke"
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
6.9.40 Seizure of Dogs; Penalties for Running at Large
6.9.41 Confiscation
6.9.42 Registration of Dogs and tags required
6.9.43 Impoundment
6.9.44 Quarantine

Offense and Penalty
6.9.50 Offense
6.9.51 Enforcement against Persons Subject to Tribal Criminal Jurisdiction
6.9.52 Enforcement against Persons Not Subject to Tribal Criminal Jurisdiction

TITLE 7 CORPORATIONS
CHAPTER 7.1 NON-PROFIT CORPORATIONS
Oregon Law Applies in all respects.

CHAPTER 7.2 BUSINESS CORPORATIONS
Oregon Law Applies in all respects.

TITLE 8 CONSTITUTIONAL AMENDMENTS, ELECTIONS & EMERGENCY MANAGEMENT
CHAPTER 8.1 PROCEDURES FOR PROPOSING CONSTITUTIONAL AMENDMENTS BY PETITION
(Provided for by Constitution)

CHAPTER 8.2 ELECTIONS
(Provided for outside of the Burns Paiute Tribal Code by Tribal Ordinance)

CHAPTER 8.3 EMERGENCY MANAGEMENT
8.3.1 Intent and purpose
8.3.2 Definitions
(1) "Attack"
(2) "Coordinator"
(3) "Disaster"
(4) "Emergency Management"
(5) "Emergency Management Resources"
(6) "Emergency Management volunteer"
(7) "Regulations"
(8) "Volunteer"
(9) "Tribal Lands"
8.3.3 Organization and Appointment
8.3.4 Day-to-Day Duties and Responsibilities of the Coordinator
8.3.5 Emergency Management Plans
8.3.6 No Municipal or Private Liability
8.3.7 Violations
8.3.8 Conflicting Ordinances, Orders, Rules and Regulations Suspended

States of Emergency
8.3.20 State of Emergency; Restrictions Authorized
8.3.21 Proclamation Imposing Prohibitions and Restrictions
8.3.22 Evacuation
8.3.23 Curfew
8.3.24 Restrictions on Possession, Transportation, and Transfer of Dangerous Weapons and Substances
8.3.25 Restrictions on Access to Areas
8.3.26 Application of Proclamation
8.3.27 Removal of Prohibitions and Restrictions
8.3.28 Superseding and Amendatory Proclamations
8.3.29 Termination and Proclamation
8.3.30 Absence or Disability of Tribal Chairman
8.3.31 Penalty for Violation
8.3.32 Repeal of Conflicting Ordinances
8.3.33 Territorial Applicability
8.3.34 Hazardous Materials

Enrollment
(Provided for outside of the Burns Paiute Tribal Code by Tribal Ordinance)

TITLE 9 PROPERTY
CHAPTER 9.1 BURNS PAIUTE TRIBAL HOUSING CODE
General Provisions
9.1.1 Short Title
9.1.2 Purpose and Interpretation
9.1.3 Applicability
9.1.4 Tribal Court Jurisdiction
9.1.5 Relation to Other Laws
9.1.6 Mobile Homes
9.1.7 Definitions
9.1.8 Construction
9.1.9 Mortgage Assignment
9.1.10 Access to the Reservation
9.1.11 Permissible Interest Rate

Lease of Tribal Trust Property
9.1.12 [RESERVED FOR EXPANSION]
9.1.13 [RESERVED FOR EXPANSION]
9.1.14 [RESERVED FOR EXPANSION]
9.1.15 [RESERVED FOR EXPANSION]
9.1.16 [RESERVED FOR EXPANSION]
9.1.17 [RESERVED FOR EXPANSION]
9.1.18 [RESERVED FOR EXPANSION]
9.1.19 [RESERVED FOR EXPANSION]

Landlord/Tenant Responsibilities and Remedies
9.1.20 Applicability
9.1.21 Tenancies Classified
9.1.22 Notices
9.1.23 Calculation of Notice Periods
9.1.24 Administration of Remedies; Attorney Fees and Costs
9.1.25 Good Faith and Unconscionabilily
9.1.26 Discrimination Prohibited
9.1.27 Tenant Who Conducts Repairs Not Employee
9.1.28 Delivery of Possession

Content of Agreement
9.1.29 Terms and Conditions
9.1.30 Prohibited Terms; Remedy
9.1.31 Late Rent Payment Charge or Fee
9.1.32 Use and Occupancy Rules
9.1.33 Prohibition on Deposits and Fees to Enter Lease Agreement; Exceptions
9.1.34 Security Deposits and Prepaid Rent
9.1.35 Prohibition on Nonrefundable Fees; Exception
9.1.36 Changes to the Lease

Landlord Rights and Obligations
9.1.37 Disclosure of Certain Information
9.1.38 Utilities
9.1.39 Landlord to Maintain Dwelling Unit and Premises in a Habitable Condition
9.1.40 Landlord's Access to Dwelling Unit or Premises

Tenants Rights and Obligations
9.1.41 Tenant Duties
9.1.42 Occupancy of Premises
9.1.43 Effect of Landlord's Noncompliance with Lease or Legal Obligations
9.1.44 Effect of Landlord's Failure to Provide Essential Services
9.1.45 Tenant Counterclaims in Action for Possession or Rent
9.1.46 Effect of Unlawful Ouster
9.1.47 Effect of Renting Premises in Violation of Building or Health Codes
9.1.48 Retaliatory Conduct by Landlord Prohibited

Landlord Remedies
9.1.49 Effect of Tenant Noncompliance with Rental Agreement
9.1.50 Effect of Tenant Keeping Unpermitted Pet
9.1.51 Effect of Tenant's Abandonment
9.1.52 Exceptions to Right of Landlord to Terminate Tenancy
9.1.53 Termination of Periodic Tenancy without Cause
9.1.54 Disposal of Personal Properly of Tenant
9.1.55 Disposition of Tenant's Personal Properly after Death of Tenant

Evictions Procedures
9.1.56 Right of Action
9.1.57 Grounds for Eviction of a Tenant for Unlawful Holding
9.1.58 Notice Necessary to Maintain Action
9.1.59 No Self-help Evictions
9.1.60 BPIHA, TDHE or Housing Committee Procedures to Terminate Tenancy
9.1.61 Termination Hearing of the BPIHA, TDHE or Housing Committee
9.1.62 Pre-Eviction Options

Judicial Eviction Procedures
9.1.63 Petition
9.1.64 Answer
9.1.65 Counterclaims and Defenses
9.1.66 Summons
9.1.67 Conduct of the Action
9.1.68 Required Disclosures
9.1.69 Conduct of the Trial
9.1.70 Judgment
9.1.71 Enforcement of Judgments
9.1.72 Conclusiveness of Judgment; Stay of Execution
9.1.73 Appeal
9.1.74 Miscellaneous Complaints and Claims

Mortgages and Recording
9.1.75 Nature of a Mortgagee's Interest
9.1.76 Improvements on Mortgaged Property
9.1.77 Payment of Taxes and Other Charges by Mortgagee
9.1.78 Late Charges
9.1.79 Assignments
9.1.80 Prepayment Penalty
9.1.81 Priority
9.1.82 Acts not Affecting Priority
9.1.83 Recording
9.1.84 Use of Recorded Mortgage
9.1.85 Discharge of Mortgage Record on Deed

Mortgage Foreclosure
9.1.86 Applicability
9.1.87 Pre-Foreclosure Procedures
9.1.88 Election of Remedies
9.1.89 Duration of Real Property Mortgage Lien

Non-Judicial Foreclosure
9.1.90 Definitions
9.1.91 Use of Trust Deeds; Trustee Qualifications
9.1.92 Re-conveyance by Trustee
9.1.93 Criteria for Using Non-Judicial Foreclosure Procedures
9.1.94 Foreclosure and Sale Procedures
9.1.95 Failure to Give Sale Notice
9.1.96 Request for Sale Notice
9.1.97 Who may bid at Trustee's Sale
9.1.98 Interest Conveyed by Trustee's Deed; Right of Redemption Precluded
9.1.99 Purchaser's Right to Possession;
9.1.100 Disposition of Trustee's Sale Proceeds
9.1.101 Curing of Defaults
9.1.102 Deficiency Judgment Prohibited
9.1.103 Restraint of Sale

Judicial Foreclosure
9.1.104 Complaint and Summons
9.1.105 Answer
9.1.106 Service
9.1.107 Alternative Service
9.1.108 Notice to Tribe and Lessor
9.1.109 Intervention; Joiner
9.1.110 Cure of Default
9.1.111 Judgment and Remedy
9.1.112 Foreclosure Evictions
9.1.113 Execution and Sale
9.1.114 Use of the Property
9.1.115 Procedures after Sale of Property
9.1.116 Objection to the Sale
9.1.117 Proceeds of the Sale; Deficiency
9.1.118 Right of Redemption
9.1.119 Tribal Court May Restrain Waste
9.1.120 Mode of Redeeming
9.1.121 Conveyance after Purchase or Redemption
9.1.122 Cure of Default by Tribe; Right of First Refusal
9.1.123 Mobile Homes
9.1.124 Appeal
9.1.125 [RESERVED FOR EXPANSION]
9.1.126 [RESERVED FOR EXPANSION]
9.1.127 [RESERVED FOR EXPANSION]
9.1.128 [RESERVED FOR EXPANSION]
9.1.129 [RESERVED FOR EXPANSION]
9.1.130 [RESERVED FOR EXPANSION]
9.1.131 [RESERVED FOR EXPANSION]
9.1.132 [RESERVED FOR EXPANSION]
9.1.133 [RESERVED FOR EXPANSION]
9.1.134 [RESERVED FOR EXPANSION]
9.1.135 [RESERVED FOR EXPANSION]
9.1.136 [RESERVED FOR EXPANSION]
9.1.137 [RESERVED FOR EXPANSION]
9.1.138 [RESERVED FOR EXPANSION]
9.1.139 [RESERVED FOR EXPANSION]

Zoning
9.1.140 Policy
9.1.141 Zoning Authority
9.1.142 Surveys
9.1.143 Enforcement

Safety
9.1.144 Policy
9.1.145 Building Code
9.1.146 Enforcement

Environment
9.1.147 Compliance with Federal Law
9.1.148 Compliance with Tribal Law

Housing Committee Assignment Procedure
9.1.149 Purpose
9.1.150 Functions of the Housing Committee
9.1.151 Eligibility for Tribal Housing
9.1.152 Assignment of Tribal Housing
9.1.153 Repairs to Tribal Rental Housing while Assigned
9.1.154 Unauthorized Use of Tribal Rental Housing
9.1.155 Termination of Housing Assignment
9.1.156 Authority to File Eviction Proceedings
9.1.157 Collection of Rents

Indian Housing Authority
9.1.158 Purpose and Authority
9.1.159 Article I - Declaration of Need
9.1.160 Article II - Purposes
9.1.161 Article III - Definitions
9.1.162 Article IV - Board of Commissioners
9.1.163 Article V - Powers
9.1.164 Article VI - Obligations
9.1.165 Article VII - Miscellaneous
9.1.166 Article VIII - Cooperation in Connection With Projects
9.1.167 Article IX - Approval by Secretary of the Interior
9.1.168 [RESERVED FOR EXPANSION]
9.1.169 [RESERVED FOR EXPANSION]
9.1.170 [RESERVED FOR EXPANSION]
9.1.171 [RESERVED FOR EXPANSION]
9.1.172 [RESERVED FOR EXPANSION]
9.1.173 [RESERVED FOR EXPANSION]
9.1.174 [RESERVED FOR EXPANSION]
9.1.175 [RESERVED FOR EXPANSION]
9.1.176 [RESERVED FOR EXPANSION]
9.1.177 [RESERVED FOR EXPANSION]
9.1.178 [RESERVED FOR EXPANSION]
9.1.179 [RESERVED FOR EXPANSION]

Miscellaneous Provisions
9.1.180 Effective Date
9.1.181 Retroactive Effect
9.1.182 Severability

CHAPTER 9.2 INTERFERENCE WITH TRIBAL PROPERTY
9.2.10 Definitions
(1) "Owner"
(2) "Property" or "Tribal Property"
(3) "Tribal Lands"
(4) "Operator"
(5) "Interfere"
(6) "Custodian"
9.2.11 Interference Prohibited
9.2.12 Procedure for Possession of Property
9.2.13 Summary Issuance of Order
9.2.14 Issuance Upon Hearing
9.2.15 Summary Denial of Order
9.2.16 Production of Court Order
9.2.17 Court Decisions Final
9.2.18 Miscellaneous

TITLE 10 TOBACCO; ANIMAL CONTROL
CHAPTER 10.1 TOBACCO
10.1.10 Sale

CHAPTER 10.2 ANIMAL CONTROL AND PROTECTION
Management of Livestock
10.2.1 Livestock Infraction
10.2.2 Penalties and Damages
10.2.3 Demand for Payment
10.2.4 Impoundment

Dog Control
10.2.30 Definitions
(1) "Running At Large"
(2) "Animal Control Authority"
(3) "Stray Dogs"
(4) "Vicious Dog"
(5) "Proper Enclosure"
(6) "Owner"
(7) "Cruelty to Animals"
(8) "Provoke"
10.2.31 Running At Large
10.2.32 Disturbances
10.2.33 Vicious Dogs; Attacks on Livestock; Right to Destroy
10.2.34 Duty of Owner of Dog Found Harassing Stock
10.2.35 Duty of Owner to Kill Marauding Dog
10.2.36 Liability of Owners
10.2.37 Abandonment
10.2.38 Identification and Registration
10.2.40 Seizure of Dogs; Penalties for Running at Large
10.2.41 Confiscation
10.2.42 Registration of Dogs and tags required
10.2.43 Impoundment
10.2.44 Quarantine

Offense and Penalty
10.2.50 Offense
10.2.51 Enforcement against Persons Subject to Tribal Criminal

Jurisdiction
10.2.52 Enforcement against Persons Not Subject to Tribal Criminal Jurisdiction

TITLE 11 EMPLOYMENTS AND CONTRACTING
[RESERVED FOR EXPANSION]

SELECTED FEDERAL STATUTES
Indian Civil Rights Act of 1968 as amended TITLE 25 USC Sec. 1301 et seq.
Indian Child Welfare Act Title 25 USC Sec. 1901 et seq.
Major Crimes Act 18 USC § 1153 Offenses committed within Indian country
General Crimes Act 18 USC § 1152 Laws governing
Indian Country Defined 18 USC § 1151

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