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

Updated through: Ordinance No. 322, enacted June 8, 2010, Supplement No. 13

To contact the Eastern Band of Cherokee Indians, see the tribe's website.

Published by: Municipal Code Corporation, P.O. Box 2235, Tallahassee, FL 32316-2235, http://www.municode.com/

Table of Contents

Introduction

Adopting Ordinance - Ordinance No. 20 (1999)

Part I:

Charter and Governing Document of the Eastern Band of Cherokee

Part II - Code of Ordinances:

Ch. 1 - Civil Procedure

Article I - In General
Article II - Structure of Court
Article III - Appellate Proceedings
Article IV - Particular Proceedings
Article V - Long Arm Law

Ch. 2 - Exclusion Powers of Tribe

Ch. 3 - Cherokee Broadband Enterprise

Ch. 7 - Judicial Code

Ch. 7A - Juvenile Code

Article I - In General
Article II - Screening of Delinquency and Undisciplined Petitions
Article III - Temporary Custody; Secure and Nonsecure Custody; Custody Hearings
Article IV - Basic Rights
Article V - Law Enforcement Procedures in Delinquency Proceedings
Article VI - Medical Treatment of Juveniles

Ch. 7B - Reserved

Ch. 7C - Cherokee Tribal Drug Court

Ch. 10 - Reserved

Ch. 14 - Criminal Law:

Table of Contents

Part 1

Article I - In General
Article II - Crimes Against Public Peace
Article III - Property Crimes
Article IV - Alcoholic Beverages

Part 2

Article V - Sexual Assault
Article VI - Crimes Against Public Safety
Article VII - Crimes Against Children
Article VIII - Weapons Offenses
Article IX - Crimes of Bodily Injury
Article X - Sexual Offender Registration Program

Part 3

Article X - Sexual Offender Registration Program
Article XI - Fraud, Forgery, Embezzlement, False Pretenses
Article XII - Perjury and Obstructing Justice
Article XIII - Offenses Against Public Morality and Decency
Article XIV - Gang Enforcement and Prevention
Article XIVA - Controlled Substances
Article XV - Enhanced Penalties
Article XVI - Forfeitures

Ch. 15 - Criminal Procedure

Appendix A - The Cherokee Rules of Criminal Procedure

Ch. 16 - Tribal Gaming

Article I - In General
Article II - Tribal Gaming Commission
Article III - Commission Staff
Article IV - License Applications and Procedures
Article V - Background Investigations and License Decisions
Article VI - Rules of Procedure for Hearings
Article VII - Sovereign Immunity
Article VIII - Auditing and Internal Control
Article IX - Exclusion or Rejection of Individuals
Article X - Prohibited Acts
Article XI - National Indian Gaming Commission and Compact
Article XII - General Requirements

Ch. 16A - Tribal Casino Gaming Enterprise

Ch. 16B - Tribal Bingo Enterprise

Ch. 16C - Gaming Revenue Allocation Plan

Ch. 16D - UCC [Uniform Commercial Code] Ordinance for Tribal Casino Gaming Enterprise

Ch. 16E - Comprehensive Ordinance Approving Tribal Casino Gaming Enterprise Financing

Ch. 18 - Alcohol

Ch. 18B - Regulation of Alcoholic Beverages

Ch. 19 - Animals

Article I - Animal Control
Article II - Animal Drawn Vehicles

Ch. 20 - Motor Vehicles

Ch. 22 - Statutes of Limitations

Article I - Applications
Article II - Time Periods Described
Article III - General Provisions

Ch. 25 - Judgment Collection

Ch. 28 - Inheritance

Ch. 28A - Administration of Decedent's Estates

Article 1-18 - Reserved
Article 19 - Claims Against the Estate

Ch. 40 - Eminent Domain

Ch. 44 - Housing

Ch. 44A - Home Loan Guaranty Program

Ch. 45 - Recording and Foreclosure of Leasehold Interests

Ch. 47 - Real Property

Ch. 48 - Adoption (Reserved)

Ch. 49 - Enrollment

Ch. 50 - Family Law

Article I - Marriage
Article II - Divorce

Ch. 50B - Domestic Violence Prevention

Ch. 53 - Consumer Credit

Article I - General Provisions
Article II - Check Cashing Services
Article III - Remedies

Ch. 55 - Corporations

Ch. 55A - Non-Profit Corporations

Ch. 61 - Zoning

Ch. 62 - Utilities

Article I - In General
Article I-A - Appendix
Article II - Emergency Telephone Service

Ch. 70 - Skeletal Remains and Burial Site Preservation

Article I - In General
Article II - Burial Sites Preservation

Ch. 74 - Mineral Rights

Ch. 75 - Newspapers

Article I - In General
Article II - Free Press Act

Ch. 87 - Professions and Occupations

Ch. 90 - Burial

Ch. 91 - Pawnbroker

Ch. 92 - Tribal Business Preference Law

Article I - Policy, Application, Definitions
Article II - TERO Commission and Office
Article III - Certification
Article IV - Applications
Article V - Preferences
Article VI - Enforcement and Sanctions

Ch. 94 - Arbitration

Ch. 95 - Wages / Employment Rights

Article I - Minimum Wage
Article II - Employment Preference Law
Article III - Labor Organizations
Article IV - Tribal Employers Prohibited from Entering into Collective Bargaining Contracts with Labor Unions, Trade Unions or Labor Organizations
Article V - Leave for Parent Involvement in Schools
Article VI - Criminal History Checks

Ch. 96 - Tribal Employees

Appendix A - Personnel Manual
Article I - Title and Purpose
Article II - Authority and Applicability
Article III - Definitions
Article IV - General Employment Policy
Article V - Selection, Appointment, and Separation
Article VI - Pay and Awards
Article VII - Holiday and Leave Policy
Article VIII - Code of Ethical Conduct
Article IX - Drug and Alcohol Policy
Article X - Anti-Harassment Policy
Article XI - . Travel Policy
Article XII - Cobra (Insurance Benefits Continuance)
Article XIII - Corrective Action Procedure
Article XIV - Corrective Action Appeals
Article XV - Performance Evaluation

Ch. 99 - Special Liability Provisions

Article I. Equine Activity Liability

Ch. 102 - Land Surveys

Ch. 105 - Taxation

Article I - Sales Tax
Article II - Lease Tax
Article III - State Taxes
Article IV - Licenses
Article V - Privilege Tax
Article VI - Administration

Ch. 106 - Business Regulation

Article I. Business Licenses
Article II. Business Background Checks

Ch. 108 - Social Services

Article I - Public Assistance Programs, Division 1 - General Requirements
Division 2 - Specific Programs

Ch. 110 - Child Support Enforcement

Article I - In General
Article II - Genetic Tests
Article III - Support of Children Born Out of Wedlock
Article IV - Sovereign Immunity; Jurisdiction; Costs

Ch. 110A - Uniform Interstate Family Support Act

Article I - In General
Article II - Jurisdiction
Article III - Civil Provisions of General Application
Article IV - Establishment of Support Order
Article V - Enforcement of Order of Another Jurisdiction without Registration
Article VI - Enforcement and Modification of Support Order After Registration

Ch. 113 - Hunting and Fishing

Appendix A. Schedule of Civil Penalties

Ch. 113A - Pollution Control and Environment

Article I - General
Article II - Overflights

Ch. 113B - Prohibition of Open Dumping

Ch. 113C - Control of Open Burning

Ch. 113D - Soil Erosion and Sedimentation Control

Article I - General Provisions
Article II - Erosion and Sedimentation Control Plans and Notification
Article III - Permits
Article IV - Erosion Control Requirements
Article V - Standards for Land Disturbing Activity
Article VI - Appeals
Article VII - Enforcement

Ch. 113E - Water Quality Code for Surface Waters

Ch. 113F - Junk Vehicles, Abandoned Vehicles and Debris

Ch. 113G - Underground Storage Tanks

Ch. 115 - Education

Ch. 116 - Unclaimed Wage Act

Ch. 117 - Tribal Government

Article I - Executive Branch
Article II - Legislative Branch
Article III - Boards and Committees
Article IV - Miscellaneous
Article V - Specific Tribal Programs

Ch. 125 - Libraries

Ch. 130 - Health and Sanitation

Article I - In General
Article II - Infectious Diseases of Humans and Animals; Quarantine
Article III - Subpoenas and Other Requests for Health Information

Ch. 130A - Tribal Health Enterprise

Article I - In General
Article II - Board of Advisors

Ch. 130B - Cherokee Indian Hospital Authority

Ch. 131 - Cherokee Water Code

Article I - In General
Article II - Water Conservation

Ch. 132 - Public Records

Article I - Access and Disclosure

Ch. 136 - Signs and Billboards

Article I - Signs and Billboards

Ch. 136A - Roads and Highways

Article I - In General
Article II - Uniform Street Address and Road Naming System

Ch. 137 - Cherokee Roads Commission

Ch. 143 - Building Codes and Flood Control

Article I - In General
Article II - Flood Damage Prevention
Article III - Alarm Systems

Ch. 144 - Firearms

Ch. 145 - Wastewater Discharge

Article I - In General
Article II - Sewer Use
Article III - Wastewater Volume Determination
Article IV - Discharge Report, Wastewater Discharge Permits and Administration
Article V - Wastewater Charges and Fees
Article VI - Enforcement

Ch. 153 - Cherokee Community Antenna Television Franchise

Ch. 160 - Vagrancy

Ch. 161 - Elections

Article I - Offices
Article II - Voters
Article III - Board of Elections
Article IV - General Provisions
Article V - Miscellaneous

Ch. 166 - Emergency Management

Article I - In General
Article II - States of Emergency
Article III - Hazardous Materials

Ch. 167 - Parades and Demonstrations


Code Comparative Table - Ordinances and Resolutions

Index - Covering All Codes

Digitizer's Note: Certain copyrighted material has been omitted from this digital copy: the "Checklist of Up-to-Date Pages" (which details changes made with each supplement to the code), the "Code Comparative Table of Ordinances and Resolutions," the "Charter Comparative Table," "Charter Index," and the "Code Index." For assistance accessing these sections, contact the National Indian Law Library. Also, chapter numbers that are skipped do not represent undigitized portions of the code. Some chapter numbers were not used and also were not marked "Reserved" by the tribe.

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