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to Table of Contents Ely
Shoshone Tribe Law and Order Code
[Last Revised: 2000]
Article I GENERAL PROVISIONS (A) In order to assure the uniformity of laws within the area of traffic regulation and control, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to these statutes. (B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe. (C) Any references to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context. (D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held valid, the remainder of this Code shall not be affected hereby. (E) Pursuant to 25 C.F.R. ss\11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith. (F) This Ordinance shall become effective on the effective date of approval of the Secretary of the Interior, or his duly authorized representative.
The Ely Colony Shoshone Tribe hereby adopts as Tribal Laws all provisions of the Nevada Revised Statutes and any subsequent amendments thereto relating to traffic laws and rules of the road.
The Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions contained in the traffic laws of the Revised Statutes of Nevada, identified in Article II herein, to the fullest extent provided by law; Provided, however, that the maximum penalty for conviction of any one offense shall not exceed a term of one year imprisonment or a fine of $5,000.00, or both, in accordance with the Ely Colony Indian Civil Rights Ordinance.
It is hereby certified that the foregoing ordinance of the Ely Shoshone Colony Council, governing body of the Ely Colony Shoshone Tribe, composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section I (f) of the Ely Tribal Constitution and By-Laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED: 4/15/88
BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved: (A) In order to assume the public safety of the members of the Ely Colony and maximize the uniformity of the application of laws in the area, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to these statutes. (B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of Ely Colony Shoshone Tribe. (C) Any reference to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdiction limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context. (D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby. (E) Pursuant to 25 C.F.R. Ss\11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith. (F) This ordinance shall become effective on the effective date of the retrocession of jurisdiction as published in the Federal Register, or upon approval by the Secretary of the Interior (or his delegate), whichever occurs earlier.
The Ely Colony Shoshone Tribe hereby adopts as tribal law the following provisions of Title 15 of the Nevada Revised Statutes and any subsequent amendments thereto.
The Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions contained in the provisions enumerated in Article II herein, to the fullest extent provided by law; Provided, however, that the maximum penalty for conviction of any one offense shall not exceed a term of one year imprisonment or a fine of $5,000, or both, in accordance with the Ely Colony Indian Civil Rights Ordinance.
It is hereby certified that the foregoing ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe, composed of 5 members whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April, 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section 1 (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED: 4/15/88
CRIMINAL
PROCEDURE BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved: Article I GENERAL PROVISIONS (A) In order to provide due process, assure the orderly administration of justice and maximize the uniformity of the application of criminal procedural laws within the area, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to the statutes. (B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe. (C) Any references to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context. (D) If any provision of this Code or the application of any provision of the Code to any person or circumstances is held invalid, the remainder of this Code shall not be affected hereby. (E) Pursuant to 25 C.F.R. 11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith. (F) This ordinance shall become effective on the date of approval of the Secretary of the Interior, or his authorized representative.
The Ely Colony Shoshone Tribe hereby adopts as tribal law the following provisions of Title 14 of the Nevada Revised Statutes and any subsequent amendments thereto:
The Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions enumerated in Article II herein to the fullest extent provided by law.
It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April, 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section 1 (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED:
PROTECTION
OF CHILDREN FROM ABUSE AND NEGLECT BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved: Article I GENERAL PROVISIONS (A) In order to provide for the maximum safety and best interests of the children of Indians residing on Ely Colony lands and to protect said children from abuse and neglect. The Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to these statutes. (B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe. (C) Any references to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context. (D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected hereby. (E) Pursuant to 25 C.F.R. ss11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith. (F) The Indian Child Welfare Act, 25 U.S.C. ss1901-1963 and any subsequent amendments thereto shall control in the event of conflict of the laws adopted herein. (G) This Ordinance shall become effective upon date of approval of the Secretary of the Interior, or his duly authorized representative.
The Ely Colony Shoshone Tribe hereby adopts in its entirety, Chapter 432(b) of the Nevada Revised Statutes commonly known as "Protection of Children from Abuse and Neglect."
It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April, 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section 1 (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED: 4/15/88
CODE
FOR PROCEDURE IN JUVENILE CASES BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved: Article I GENERAL PROVISIONS (A) In order to provide for due process and the best interests of juveniles brought before the law under the Codes of the Ely Colony Shoshone Tribe, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada and any subsequent amendments to these statutes. (B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Shoshone Tribe. (C) Any reference to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context. (D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby. (E) Pursuant to 25 C.F.R. ss11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith. (F) This Ordinance shall become effective upon approval of the Secretary of the Interior, or his duly authorized representative.
The Ely Colony Shoshone Tribe hereby adopts Title 5 of the Nevada Revised Statutes, Chapter 62, Juvenile Courts except for the following provisions: ss62.034, 62.038, 62.041, 62.050, 62.060, 62.080, 62.090, 62.100, 62.105, 62.110, 62.115, 62.117, 62.122, 62.123, 62.321, 62.390.
It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April, 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section 1 (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED: 4/15/88
RECIPROCAL
ENFORCEMENT OF SUPPORT (UNIFORM CODE) BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved: Article I GENERAL PROVISIONS (A) In order to provide for the uniform enforcement of child support, and to provide for the best interests of dependent children, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Nevada Revised Statutes and any subsequent amendments to these statutes. (B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe. (C) Any references to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context. (D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this code shall not be affected thereby. (E) Pursuant to 25 C.F.R. Ss/ll.l (e), the provisions of this Code shall be controlling and supercede any regulations codified at 25 C.F.R. Part ll which may be inconsistent herewith. (F) This Ordinance shall become effective on date of approval of the Secretary of the Interior, or his duly authorized representative.
The Ely Colony Shoshone Tribe hereby adopts the Reciprocal Enforcement of Support Uniform Act, as provided by Chapter 130 of the Nevada Revised Statutes, except the following: 130.115, {original text omitted due to technical illegibility}
To the fullest extent provided by law, the Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions contained in the act identified in Article II herein.
It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April, 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section 1 (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED:
JURISDICTION
OVER CUSTODY OF CHILDREN (UNIFORM ACT) BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved: (A) In order to assure orderly jurisdiction over the custody of children, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to these statutes. (B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe. (C) Any reference to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context. (D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby. (E) Pursuant to 25 C.F.R. Ss/ll.l (e), the provisions of this Code shall be controlling and supercede any regulations codified at 25 C.F.R. Part II which may be inconsistent herewith. (F) This Ordinance shall become effective on the date of approval of the Secretary of the Interior, or his duly authorized representative.
(A) The Ely Colony Shoshone Tribe hereby adopts the entire Nevada statute, Chapter 125(A), Jurisdiction Over Custody of Children (Uniform Act). (B) To the extent that the statute adopted herein in Article II, A is inconsistent with the Indian Child Welfare Act, 25 U.S.C. Ss/1901-=1963, or traditional tribal law, the Indian Child Welfare Act and/or traditional tribal law shall supercede the applicability of the Uniform Act herein adopted.
To the fullest extent provided by law, the Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions contained in the Uniform Act adopted in Article II, A.
It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe, composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section l (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED:
EXTRADITION
CODE BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved: Article I EXTRADITION PROCEDURE Whenever the Chairman of the Ely Colony Shoshone Council is informed and reasonably believes that an Indian has committed a crime outside of Indian country and is present on lands under the jurisdiction of the Ely Shoshone Tribe using them as an asylum from prosecution by federal, state or tribal authorities off Ely Colony lands, the Tribal Chairman may order any appropriate police officer acting under the authority of the Ely Colony Shoshone Tribe to apprehend such Indian and deliver him or her to the proper federal, state or tribal authorities at the reservation boundary.
If any Indian is detained pursuant to Article I of this Chapter, and he or she demands a hearing, a hearing will be scheduled in the C.F.R./Tribal court as soon as possible. At this hearing, if it appears to the judge that there is probably cause to believe that the Indian in custody will not receive a fair and impartial trial in the off-reservation court, the judge shall order that the Indian be released from custody.
No demand for extradition shall be recognized by the C.F.R./Tribal Court or the Tribal Chairman, nor shall any hearing for extradition be scheduled, until the court shall receive such demand in writing and accompanied by certified copies of the indictment, information complaint together with a certified copy of the warrant issued.
It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe, composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section l (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED: 4/15/88
BAIL
SCHEDULE BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved: Article I TRAFFIC VIOLATION BAIL SCHEDULE The Ely Colony Shoshone Tribe hereby adopts the traffic violation bail schedule attached as Exhibit A.
The Ely Colony Shoshone Tribe hereby adopts the bail schedule for Gross Misdemeanors and Misdemeanors attached herewith as Exhibit B.
It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe, composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section l (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966. Bennie Reilley, Chairman, Ely Colony Council ATTEST: APPROVED: 4/15/88 Back to Top |