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Tribal Law and Order Code 2001 edition with 2002, 2003 and 2004 supplements TITLE 6 - REGULATORY PROVISIONS, CH. 6-14
6-6-1 Authority This regulatory Chapter is established by the Colville Business Council under authority contained in the Constitution and By Laws of the Colville Tribe of the Colville Reservation including the Amendments thereto.
The purpose of this Chapter is to regulate studies, surveys, research and service delivery projects on the Colville Reservation in order to preserve and protect the rights of the Colville Indian Tribes and their tribal members, their privacy and integrity, and their interests in the results and products of the such studies, surveys, research and service delivery projects.
Any individual, corporation, agency or institution, whether public or private wishing to undertake a study, survey or research project for any purpose on the Colville Indian Reservation, not specifically requested or contracted for by the Colville Confederated Tribes, must first obtain a permit approved by the Business Council, or its designate, authorizing the conduct of such study, survey or research project on the Colville Indian Reservation pursuant to provisions of this Chapter.
No permit will be issued for any study, survey or research project, not specifically requested or contracted for by the Colville Confederated Tribes, unless and until the individual, corporation, agency or institution wishing to conduct the project has executed a written agreement with the Colville Confederated Tribes regarding the manner in which the study, survey, or research project is to be conducted, creating a fiduciary relationship, and limiting the right of the individual, corporation, agency or institution conducting the study to publish the results or conclusions resulting therefrom without affording the Colville Confederated Tribes an opportunity to review and comment upon the intended publication, and including whatever comments are officially made by or on behalf of the Colville Tribes as part of the final published product.
No permit shall be issued for the conduct of any study, survey or research project until the following information has been provided to, and approved by the chairman of the Tribal Business Council or his designate:
The permit issued pursuant to this Chapter is conditional and may be canceled at any time if it appears that the individual, corporation, agency or institution conducting the study, survey or research project is deviating or has deviated from the study design approved in the granting of the permit, or from provisions of the required underlying agreement upon which issuance of the permit is based.
The Colville Tribes retain the right to refuse to issue a permit if it is deemed that there is insufficient time for appropriate tribal review, evaluation, supervision or participation in the project.
The Colville Confederated Tribes reserve the right to charge a fee for issuance of a permit in the event that the subject study, survey or research project is being conducted for profit or if the results of the study, survey or research project, or publication thereof, are intended to, or are likely to produce financial benefit to the individual, corporation, agency or institution conducing the study, survey or research project.
Issuance of a permit to conduct any study, survey or research project pursuant to provisions of this Chapter does not imply endorsement of the results or final product of the study or any publication derived from or based upon the results or final product of the study, survey or research project.
At least one copy of all interim and/or progress reports, and of the final report resulting from the study, survey or research project, shall be furnished to the office of the Tribal Chairman without charge.
Any employee of the Colville Confederated Tribes who provides information from tribal files and records of any kind whatsoever to any individual, corporation, agency or institution conducting research not authorized pursuant to provisions of this Chapter, shall be subject to censure or dismissal from employment.
Any person attempting to conduct research not specifically requested or contracted for by the Colville Confederated Tribes or permitted pursuant to provisions of this Chapter shall be subject to any and all civil or criminal remedies available pursuant to the Law and Order Code of the Confederated Tribes of the Colville Indian Reservation and the laws of the State of Washington, including but not limited to exclusion from Tribal property, criminal trespass, and civil remedies provided for in Chapter 2-3 and Chapter 3-2 of the Law and Order Code of the Confederated Tribes of the Colville Indian Reservation.
This Chapter shall become effective upon the date of its adoption by the Business Council of the Confederated Tribes of the Colville Indian Reservation. (Chapter 6-6 Adopted 9/21/81, Resolution 1981-721) 6-7-1 Sewer Service Area and Sewer Board (a) There is hereby established the Colville Sewer Board (hereinafter "board") to serve as the administrative board for sewer services and facilities within the Greater Nespelem Sewer Service Area. (b) The Greater Nespelem Sewer Service Area shall means all real property encompassed within the lands described as follows:
(c) The board shall be responsible for assuring that the operation of the system set out in this Chapter adheres to the dictates of the sewer Chapter and any regulations promulgated thereunder and that the system is responsive to the needs of this customers, fiscally responsible, and viable. (d) The board will consist of five members. Four members will be appointed by the Colville Business Council from among the residents of the Greater Nespelem Sewer Service Area. The fifth member will be appointed by the Colville Business Council upon the recommendation of the Council of the town of Nespelem. All members of the board shall serve at the pleasure of the Colville Business Council. (e) Within ten (10) days after the appointment of the initial board, there shall be an organizational meeting of the board to elect a chairman, vice chairman, and secretary-treasurer. The initial officers shall serve until the first anniversary date of the approval of this Chapter by the Colville Business Council. Thereafter, new officers shall be elected each year on the anniversary date of such approval. All officers shall serve until their successors are elected. (f) The secretary shall keep or cause to be kept a complete and accurate record of all meetings, copies of which will be furnished to the board. (g) A minimum of three members of the board shall constitute a quorum. Any action taken by the board must be taken by approval of at least three board members. (h) If any members of the board shall die, resign, or be terminated by the Council, a vacancy in his office shall automatically be created which vacancy shall be filled immediately by the Colville Business Council. Such appointment shall be made consistent with the membership pattern for the board established by this Chapter. (i) The board shall meet when business demands and requires attention. Meetings may be called by the chairman, or upon request in writing of two members of the board. If the chairman fails to call a meeting within five (5) days after receipt of a written request, any other two members of the board may call such meeting. (j) The chairman or vice chairman of the board may sign such papers as the board may authorize for and on behalf of the board. All such authorizations shall be reflected in the records of the meetings. (k) Each member of the board, including the chairman, shall be entitled to vote on each matter coming properly before the board. (l) The Colville Business Council shall have full plenary authority over the board. The board shall be responsible for providing management and overall responsibility for the sewer service area and its projects. It shall have the power, with prior approval of the Council in each case, to borrow funds for the operation and/or expansion of the sewer system, to take and give evidence of indebtedness, collateral, and other security for loans and advances. It shall have the power, with prior approval of the Council in each case, to enter into business contracts and to do all things necessary to carry out the responsibilities hereunder, and specifically the responsibilities delegated to it under this Chapter. However, the board shall not enter into any litigation without specific authorization of the Council nor may the board waive immunity from suit without such specific authorization. This Chapter shall not constitute a waiver of the sovereign immunity of the Colville Confederated Tribes.
Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as follows:
(a) It shall be unlawful to discharge to any natural outlet within the Greater Nespelem Sewer Service Area, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter. (b) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. (c) The owner(s) of all houses, buildings, or properties used for human occupancy, employment, business, recreation, or other purposes, situated within the Greater Nespelem Sewer Service Area, and located within 200 feet of any sanitary sewer within and part of the sewer system is hereby required, at the owner(s)’ expense, to install suitable toilet facilities therein, and to connect such facilities directly with and to the proper sanitary sewer in accordance with the provisions of this Chapter, within ninety (90) days after date of official notice to do so by the Board.
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any sewer or appurtenance thereof without first obtaining a written permit from the board. (b) There shall be one (1) class of building sewer permits: residential or commercial service. The owner(s) or his agent shall make application on a special form furnished by the board. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the board. A connection or permit fee shall be charged as set forth in section 6-7-8. (c) All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Tribe from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (d) Connections by users outside the Greater Nespelem Sewer Service Area shall be made only upon specific approval from the board. Upon approval, the user shall install all required extensions to the sewer system in accordance with specifications established by the board and shall pay all applicable fees and charges. (e) A separate and independent building sewer shall be provided for every building or residence, except where one building or residence stands at the rear of another on an interior lot and no sewer is available or can be constructed to the rear building or residence through an adjoining alley, courtyard, or driveway. In this case the side sewer to the front building or residence may be extended to the rear building or residence with the board's approval. The Tribes does not and will not assume any obligation or responsibility for maintenance or damage caused by or resulting from any single connection aforementioned. (f) Old building sewers may be used in connection with new buildings only when they are found on examination and test by the board to meet all requirements of this Chapter. (g) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, resting, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Tribe and/or as required by the board. (h) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the sewer system, sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (i) No person shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a sanitary sewer unless such connection is approved by the board for purposes of disposal of polluted surface drainage. (j) The connection of the building sewer into the sewer system shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Tribe and/or as required by the board. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the board before installation. (k) The applicant for the building sewer permit shall notify the board when the building sewer is ready for inspection and connection to the sewer system. The connection and testing shall be made under the supervision of an authorized representative of the board. (l) All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other property disturbed in the course of the work shall be restored in a manner satisfactory to the board. (m) All construction related to sewer installation within the Greater Nespelem Sewer Service Area shall be governed by the latest edition of the Washington State Chapter American Public Works Association Standard Specifications for Municipal Public Works Construction.
(a) No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, groundwater, roof runoff, subsurface drainage, or cooling water to the sewer system. (b) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm drains or to a natural outlet. Unpolluted industrial cooling water of process waters shall be discharged to a storm drain or natural outlet. (c) No person shall discharge or cause to be discharged any of the following described waters or wastes to the sewer system:
(d) The following described substances, materials, waters, or waste shall be limited in discharges to the sewer system to concentrations or quantities which will not harm either the sewer system, waste water treatment works processes, or equipment, will not have an adverse effect on the underlying groundwater, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The board may set limitations lower than the limitations established in the regulations below if, in the opinion of the board, such more severe limitations are necessary to meet the above objectives. In forming an opinion as to the acceptability, the board will give consideration to such factors as the quantity of subject waste in relations to flows and velocities in the sewers, materials or construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment works, degree of treatability of the waste in the wastewater treatment works, and other pertinent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the sewer system which shall not be violated without approval of the board are as follows:
(e) If any waters or wastes are discharged or are proposed to be discharged to the sewer system, which waters contain the substances or possess the characteristics enumerated in section 6-7-5(d) and which in the judgment of the board may have a deleterious effect upon the sewer system, wastewater treatment works, processes, equipment, or underlying groundwater, or which otherwise create a hazard to life or constitute a public nuisance, the Board may:
If the board permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the board. (f) Grease, oil, and sand interceptors shall be provided when, in the opinion of the board, such devices are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts, as specified in section 6-7-5(d)(3), or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the board and shall be located as to be readily and easily accessible for cleaning and inspections. In the maintaining of the interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal. Any removal and hauling of the collected materials not performed by owner(s)' personnel shall be performed by currently licensed waste disposal firms. (g) Where pretreatment or flow equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. (h) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in the Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations, and frequencies are to be determined on an individual basis subject to approval by the board.
(a) No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewer system and wastewater treatment works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(a) The members of the board and any duly authorized employees of the Tribe shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the sewer system in accordance with the provisions of this Chapter. (b) The members of the board and any duly authorized employees of the Tribe shall be permitted to enter all private properties through which the Tribe holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewer system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(a) The following classifications of users and the following monthly usage rates are hereby established and shall be charged to all users of the sewer system and treatment facility of the Greater Nespelem Sewer Service area as set forth herein below:
(b) The owners of all improved real property served by the sewer system shall be legally liable to the Colville Confederated Tribes for payment of all sewer charges assessed against said property. The Colville Confederated Tribes shall have a lien against all real property, except property held in trust by the United States of America, together with improvements thereon, for all delinquent charges assessed against said real property. In the event of delinquency in payment of sewer use charges or other proper charges related to the operation of the sewer system, the Colville Confederated Tribes shall have the right to collect said delinquent charges by all appropriate means, including but not limited to foreclosure of said lien. In event such charges remain delinquent for more than fourteen (14) days, the Tribe shall have the right to disconnect the water or other utility service and a charge of $5.00 shall be made for reconnecting such service. (c) Monthly billings for sewer use charges shall be rendered to all customers. All accounts shall be due and payable within thirty (30) days from the date of billing, and delinquent accounts shall bear interest at the rate of 8% per annum from the date upon which payment is due. (d) There shall be a permit fee of $25.00 assessed to all customers making application for connection into the sewer system.
(a) Any person found to be violating any provision of this Chapter except section 6-7-6 shall be served with written notice stating the nature of the violation and providing a ninety (90) day time limit for the satisfactory correction thereof. The offender shall, within the period of the time stated in such notice, permanently cease all violations. (b) Any person who shall continue any violation beyond the time limit provided for in section 6-7-9(a) shall be guilty of an offense and on conviction thereof shall be fined in an amount not exceeding $100.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. (c) Any person violating any of the provisions of this Chapter shall become liable for any engineering, legal, or administrative expense, loss, or damage occasioned by reason of such violation.
(a) The invalidity of any section, clause, sentence, or provision of this Chapter shall not affect the validity of any other part of this Chapter which can be given effect without such invalid part or parts.
(a) This Chapter shall take effect and be in force five (5) days from and after date of passage of the resolution of approval and adoption. (Chapter 6-7 Adopted 8/14/78, Resolution 1978-611) INTENT Governing sale and distribution of tobacco products and cigarette allocations by the Colville Confederated Tribes.
This ordinance shall be known as the Tobacco Chapter of the Colville Tribal Law and Order Code.
As used in this Chapter, the following words and phrases shall each have the designated meaning unless a different meaning is expressly provided.
The Council may license one or more tobacco outlets within the Colville Reservation as the Council in its sole discretion deems necessary to provide adequate service to consumers of cigarettes and tobacco products. In addition, tobacco outlets shall obtain a federal Indian trader's license as provided in section 6-8-6.
Any enrolled member of the Confederated Tribes of the Colville Reservation, 18 years of age or older may apply upon an application form provided by the Council for a tobacco outlet license. The application shall state, at minimum, the name, enrollment number, physical address of the applicant and outlet, and be signed by the applicant under oath.
Upon approval of an application, the Council shall issue the applicant a tobacco outlet license for a three (3) year period which shall entitle the operator to establish and maintain one tobacco outlet on the Colville Reservation. The license shall be renewable in such manner as the Council shall prescribe and shall be non-transferrable. If the terms of the license are not violated after expiration, the license shall automatically be renewed.
No tobacco outlet license shall be issued until the operator has obtained a federal Indian trader's license from the Superintendent of the Colville Indian Agency. Revocation of the federal trader's license shall be ground for revocation of the operator's tobacco outlet license.
An operator may apply to the executive director for a cigarette allocation. The application shall state at minimum the number of cartons requested, the voting district, and be signed by the applicant.
Upon partial or full approval or denial of an application for a cigarette allocation, the executive director shall provide the operator with written notice of the decision by certified mail within ten (10) days.
No operator receiving an allocation from the Tribes shall knowingly attempt to purchase cigarettes from the Tribes' allocation from any wholesaler in excess of said operator's annual allocation.
The executive director may impose a fee or fees to tobacco outlets for each carton of cigarettes received by the outlet from the Tribes' cigarette allocation.
An operator may not sell or allow to be sold any tobacco products to any person under the age of 18 years.
An operator shall not attempt or be authorized to waive the sovereign immunity of the Tribes from suit, nor shall such operator attempt or be authorized to create any liability on behalf of the Tribes.
No person who wishes to sell part of the Tribes' cigarette allocation shall operate a tobacco outlet on the Colville Reservation without having in effect a valid tobacco outlet license issued pursuant hereto.
An operator shall maintain liability insurance upon his/her premises in the sum of $100,000.00, and provide proof of insurance to the Tribes for active maintenance of his/her tobacco outlet license.
The Tribal Court is empowered to seize, attach, and forfeit all tobacco products belonging to any operator who shall be found in violation of this Chapter. In addition the Tribal Court may revoke the operator's tobacco outlet license, impose a fine of not more than $5,000.00 per violation or jail for a period of not more than one (1) year, or both.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances is not affected. (Resolution
1996-40 rescinded Resolution 1974-565)
CHAPTER 6-9 ANIMAL CONTROL AND PROTECTION LIVESTOCK IMPOUNDMENT (Repealed 4/17/97)
(Repealed and replaced 2/7/85 with Wild Horse Ordinance, Resolution 1985-58)
(Subchapter 6-9-30 through 40 Repealed and Replaced 6/28/82, Resolution 1982-359)
(a) "Running at large" means a situation when a any dog is found within the boundaries of the Colville Indian Reservation on public property or on the property of persons other than the person owning or keeping the dog unless the dog is accompanied by some person exercising control thereof. (b) "Animal control authority" means any tribal police officer or any other person or organization so designated by the Colville Tribal Business Council or by the chief of the tribal police to perform the functions of this subchapter. It shall also include any tribal range rider and fish and game officer. (c) "Stray dogs" means a dog with no owner's identification upon it and whose owner cannot be ascertained upon reasonable inquiry. (d) "Vicious dog" means any dog that when unprovoked:
(Adopted 11/19/87, Resolution 1987-647) (e) "Proper enclosure" means, while on the owners property, a vicious dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. (Adopted 11/19/87, Resolution 1987-647) (f) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. (Adopted 11/19/87, Resolution 1987-647)
No person owning or having control or custody of any dog shall allow such dog to run at large within the boundaries of the Colville Indian Reservation.
No person shall own, keep or harbor any dog within the boundaries of the Colville Indian Reservation which by loud, continued or frequent howling, yelping, or barking shall unreasonably annoy, disturb or endanger the health, welfare, or repose of any person or neighbor. The owners or keeper of a female dog in heat kept or found within the boundaries of the Colville Indian Reservation shall cause such animal to be penned or enclosed in such a manner as to preclude other animals from attacking such female animal or being attracted to it.
No person shall keep, own or possess within the boundaries of the Colville Indian Reservation any vicious dog unless muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person or confined in a proper enclosure as defined in section 6-9-30(e) in such a way as to prevent it from biting any human being; nor permit such dog to run at large at any time. Any person shall have the right to destroy immediately any dog engaged in the process of injuring or harassing livestock or other domestic or game animals or threatening or inflicting harm to any person, or inflicting serious harm to personal or tribal property. (Amended 6/28/82, Resolution 1982-359)
It shall be the duty of the owner or keeper of any dog or dogs found chasing, biting, or injuring any livestock or other domestic animal or game animal, upon being notified of that fact by the owner of such livestock or domestic animal or by an Animal Control Authority, to keep such dog or dogs in leash or confined upon the premises of the owner or keeper thereof. If such owner or keeper of such dog or dogs shall fail to neglect to comply with the provisions of this section, it shall be lawful for the owner of such domestic animals or an Animal Control Authority to kill such dog or dogs not so confined.
It shall be the duty of any person owning or keeping any dog or dogs which shall be found killing any livestock or other domestic animal or game animal to kill such dog or dogs within forty-eight (48) hours after being notified of that fact by the owner of such livestock or domestic animal or by an Animal Control Authority. If such owner or keeper of a dog or dogs shall fail or neglect to comply with the provision of this section, it shall be lawful for an Animal Control Authority to kill such dog or dogs or for the owner of such livestock or domestic animal to kill such dog or dogs if found running at large.
Every person owning or keeping a dog shall be liable in damages for any injury committed by such dog and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous. However, proof of provocation of an attack by any injured person shall be a complete defense to any action for damages.
It shall be unlawful for any person to abandon any dog within the boundaries of the Colville Indian Reservation or for any owner or keeper of a dog to neglect to furnish adequate food or care for said dog.
6-9-38 Identification and Registration (a) Any dog found or kept within the boundaries of the Colville Indian Reservation must be registered and have an identification tag issued by the Animal Control Authority attached to the dog's collar. (b) It is unlawful for an owner to have a vicious dog on the Reservation without a certificate of registration issued under this section. (c) The Animal Control Authority shall issue a certificate of registration to the owner of such animal if the owner presents to the authority sufficient evidence of:
(Amended 11/19/87, Resolution 1987-647)
No more than two dogs per residence is allowed in any residence located in the Tribal HUD Communities in the Omak, Nespelem, Keller and Inchelium districts. Any excess number of dogs found at any of these residences may be seized and destroyed by an Animal Control Authority.
Any dog found running at large in violation of this Subchapter shall be subject to seizure by the Animal Control Authority. If ownership of the dog may be reasonably ascertained or is known upon a first violation the dog shall be returned to the owner along with a written warning citation. Upon a second violation a citation will be issued and the owner or keeper charged with an offense. The third violation shall upon conviction of the owner or keeper result in the destruction of the dog by the Animal Control Authority. Stray dogs will be destroyed by the Animal Control Authority. If any dog of fierce, dangerous or vicious propensities is found running at large and cannot be safely seized, such dog may be destroyed by the Animal Control Authority.
Any vicious dog shall be immediately confiscated and destroyed by the Animal Control Authority if:
(Adopted 11/19/87, Resolution 1987-647)
6-9-70 Offense It shall be unlawful and prohibited for any person to do any act the performing of which is prohibited under this Chapter or to fail to do any act the performance of which is required under this Chapter.
The procedures established for criminal offenses under this Code shall be utilized for violations of this Chapter committed by persons subject to Tribal criminal jurisdiction. In the event a defendant plead guilty or is found guilty of committing an offense the Court may impose all or any of the following penalties:
Provided however, the owner of any dog that aggressively attacks and inflicts harm to any person whether the dog has previously been declared a vicious dog, shall be guilty of a Class A offense punishable in accordance with CTC 3-1-260. In addition, the dog shall be immediately confiscated by the Animal Control Authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Amended 11/19/87, Resolution 1987-647) 6-9-72 Enforcement Against Persons Not Subject to Tribal Criminal Jurisdiction The Colville Confederated Tribes may bring an action for a civil penalty against any person who is alleged to have engaged in an activity which is violative of this Chapter and who is not subject to Tribal criminal jurisdiction. The Colville Confederated Tribes may bring an action for forfeiture of any articles or animals seized by reasons of use in activities prohibited under this Chapter. Such penalty and forfeiture actions shall be brought under the procedures established in Chapter 2-3 of this Code. Any person violating the provisions of this Chapter shall be subject to exclusion from the Reservation under the applicable Chapter of this Code. (Chapter 6-9 Adopted 6/28/82, Resolution 1982-359)
CHAPTER 6-10 WATER UTILITIESGENERAL PROVISIONS 6-10-1 Title and Date This Chapter shall be titled the Water Utilities Chapter of the Colville Law and Order Code. This Chapter shall become effective immediately upon adoption by resolution by the Colville Tribal Business Council.
The purpose of this Chapter is to define the policies, establish an organization and identify the necessary rules and regulations for:
It shall be the policy of the Colville Confederated Tribes to operate, maintain and manage the public water utilities on the Colville Reservation so that the community residents are provided with a high level of water services designed to minimize exposure to adverse conditions which could negatively impact the physical and environmental health of any individual or the community. It shall also be the policy of the Colville Confederated Tribes that the operation, maintenance and management of the public water utilities shall be carried out through an efficient program and in a financially responsible, cost effective, and self-sufficient manner.
The authority to establish a Tribal Utility Organization and to levy appropriate user fees to all residents and organizations operating on the Colville Reservation is provided in Articles V and sections 1 (a) and 1 (e) of the Colville Confederated Tribal Constitution.
6-10-30 General Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter are as follows:
6-10-80 Establishment of Utility Department There is hereby established the Colville Confederated Tribal Utility Department having the responsibility for operating on and maintaining the tribal public water utilities and providing essential community water services directly or by contract.
There is hereby established the Colville Confederated Tribal Utility Authority to serve as the advisory, administrative and management authority for the Colville Confederated Tribal Utility Department. The Utility Authority shall operate as a subordinate unit of tribal government independent in its daily operation, but responsible to the Tribal Business Council for its actions. The methods of appointment, terms of office, and operating procedures of the Utility Authority shall be set forth in this Chapter and in regulations adopted by the Utility Authority.
The Utility Authority shall manage the public utilities of the Tribes, and obtain and disburse funds as required for operation, maintenance and expansion of the tribal public utilities. To fulfill these responsibilities, the Authority shall have the power to:
(a) The Utility Authority shall be composed of five (5) persons appointed by the Tribal Business Council. One person shall be selected as a Tribal Council designee. The other four (4) persons shall be selected from the general tribal community where the Tribes own community water systems, as provided in section 6-10-84(b). (b) A community representative shall be selected from each of the following communities:
(c) Members of the Utility Authority shall be known as utility commissioners. (Amended
6/20/02, Resolution 2002-386)
(a) Except for the initial authority membership, all commissioners will serve two (2) year terms. (b) Initial commissioners of the authority who represent the following shall serve terms as follows:
(Amended 8/23/01 , Resolution 2001-482) (c) Terms shall expire upon the swearing in of newly appointed commissioners. (Amended
6/20/02, Resolution 2002-386) The Tribal Council shall appoint a Tribal Council designee to the Utility Authority. For the commissioner position to be filled by tribal community members, the Council shall advertise for fifteen (15) days in the tribal newsletter or by other public notice, soliciting interested persons for nomination. For all commissioner positions, the Council shall choose persons capable and willing to perform the duties of the authority. After receiving nominations, the council shall appoint commissioners by a majority vote. (Amended
6/20/02, Resolution 2002-386)
If a commissioner resigns, moves from the local area, dies, or is found guilty of a felony or major crime in any court of law, the Tribal Council shall declare the commissioner position vacant. If any commissioner misses two consecutive Utility Authority meetings without a valid excuse, the Tribal Council shall declare the position vacant. All vacancies shall be filled within one (1) month in accordance with this section.
Within ten (10) days after appointment of the initial commissioners, there shall be an organizational meeting of the Utility Authority to elect a chairman, vice chairman and a secretary-treasurer from among the Utility Authority commissioners. The officers shall be elected annually thereafter, immediately following the appointment of the new commissioners by the Tribal Council. The commissioners, if finding it duly necessary, have the authority to relieve an officer of his/her position by a majority vote of the Utility Authority.
Officers of the Utility Authority shall assume the following duties:
The Utility Authority shall meet when business demands and requires attention, but in no case less than once per quarter. Regular and special meetings shall be called by the chairman. Any three (3) commissioners may request the chairman, in writing, to schedule a special meeting of the Utility Authority. If the chairman fails to schedule a meeting within five (5) days after receipt of a written request, any three (3) commissioners may call such a meeting. Meetings shall be held in public places, and the Utility Authority shall provide at least five (5) days public notice of special authority meetings. Emergency meetings may be convened with less than five (5) days notice, in cases of emergency where loss of life, limb or property is threatened, where the continued operation of fiscal capability of the tribal water utilities may be in jeopardy. All meetings shall be open to members of the tribal community and to users of the tribal water utilities.
A minimum of four (4) commissioners is required to establish a quorum and conduct Utility Authority business. Any action taken by the Utility Authority must be approved by a majority vote of those commissioners present at a Utility Authority meeting. Each commissioner of the Utility Authority, except the chairman, shall be entitled to vote on each matter coming properly before the Utility Authority. The chairman shall vote only in the event of a tie. (Amended
6/20/02, Resolution 2002-386) (a) Regular meetings of the Utility Authority shall be conducted according to the following agenda outline:
(b) By-laws for Utility Authority meetings shall be developed by the commissioners.
Commissioners of the Utility Authority shall serve without monetary compensation, except as determined by the Tribal Council. The Council shall establish prevailing government rates for mileage, per diem, or other costs, consistent with tribal policy, and shall direct the business manager to approve such expenditures; provided that funds are available within the Utility Department budget approved by the Utility Authority and ratified by the Tribal Business Council.
The Utility Authority shall convene public hearings to discuss changes in utility rates assessed to users of tribal public utilities. All users of tribal public utilities shall be posted at appropriate places within the community and/or in the tribal newspaper.
6-10-120 Management Personnel The Utility Authority shall manage the business and operating affairs of the Utility Department. The Utility Authority may facilitate the hiring and contracting of personnel for the care and maintenance of the tribal water utilities, provided that hiring shall be in accordance with tribal personnel policies and the interview, screening and appointment be approved by Public Works & Utilities. The Utility Authority shall establish compensation rates consistent with the Public Works & Utility Department approved budget. The Utility Authority may delegate only those management duties that are not specifically designated as duties to be performed exclusively by the Utility Department.
The Public Works Department and Utility Authority shall establish an annual budget enumerating the necessary costs of the Utility Departments operation, maintenance, administration, personnel, liability and other insurance, equipment replacement, and a reserve for major repairs and capital expenditures. The budget shall be prepared by the utility manager, reviewed by the Utility Authority and submitted through the Public Works & Utilities Department to accounting for administrative review. (Amended
6/20/02, Resolution 2002-386)
The annual budget shall be used to determine a fee schedule to be assessed to the users of the tribal water utilities. The budget and fee schedule shall be approved by the Utility Authority and ratified by the Tribal Council. The fee schedule shall be a separate document titled "User Fee Schedule", and to include water rates with additions to the rates for future service upon attachment. The fiscal year for the Utility Department shall be the same as the fiscal year of the Tribal Council.
The depository of the Utility Department shall be a separate commercial account or accounts in any bank selected by the tribal central accounting. Said account shall be in the name "Colville Confederated Tribal Utility Authority."
Funds on deposit in excess of thirty (30) days working capital may be invested in insured deposits at a commercial bank, savings and loan association or investment company offering the highest interest rate, provided that investment deposits shall have immediate liquidity. Investment deposits shall be made by the Accounting Department. Withdrawals of investments require the approval of the Utility Authority treasurer. Withdrawals from accounts shall be managed by central accounting personnel and signed by the tribal signatory authority with monthly reports to the Utility Authority.
The Utility Authority shall determine the distribution of funds required for the operation, maintenance and management of the tribal water utilities. Disbursements will be made by check upon presentation of invoices or vouchers. Disbursements shall be made by the Central Accounting Department. The checks written shall be signed by a signatory authority of the department/administration or designated tribal signor. Cash receipts will be deposited intact, as to amount, in the depository promptly. Receipts will be issued for all cash received and copies filed and retained for accounting.
Suitable financial records shall be maintained for all expenditures, receipts from payments for services, investments and returns on investments, and any other financial matters necessary for operation of the Utility Department. The separate accounting records for the department shall be maintained in an appropriate business like manner. The records of accounts shall be made available to the Tribal |