TITLE
XIII - CRIMINAL CODE
Ordinance
13-4-127 TE-MOAK PROTECTIVE CUSTODY ORDINANCE
Procedure
for placing person in civil protective custody.
1. Except
for placing person in civil protective custody in any public place
under the influence of alcohol, in such a condition that be is unable
to exercise care for his own health or safety or the health or safety
of others, shall be placed under civil protective custody by a peace
officer.
2. A
peace officer may use upon such person that kind and degree of force
which would be lawful if he were effecting an arrest of a misdemeanor
with a warrant.
3. If
a licensed facility for the treatment of alcohol abusers exists in
the community where the person is found, he shall be delivered to
such facility for observation and care. If no such facility exists
in the community, the person so found may be placed in a county or
city jail for shelter or supervision for his own health and safety
until he is no longer under the influence of alcohol. He may not be
required against his will to remain in either a licensed facility
or a jail longer than 36 hours.
4 . An
intoxicated person taken into custody by a peace officer for a public
offense shall immediately be taken to a secure detoxification unit
or other appropriate medical facility if his condition appears to
require emergency medical treatment. Upon release from the detoxification
unit or medical facility, such person shall immediately be remanded
to the custody of the apprehending peace officer and criminal proceedings
shall proceed as prescribed by law.
5. The
placement of such a person in civil protective custody shall be recorded
at the facility or jail to which he is delivered and communicate at
the earliest practical time to his family or next of kin if they can
be located and to the division or to a local alcohol abuse authority
designated by the division.
6. Every
peace officer and other public employee or agency acting pursuant
to this section is performing a discretionary function or duty.
7. The
provisions of this section shall not apply to any driver apprehended
or arrested for the offense of operating a vehicle under the influence
of intoxicated liquor or controlled substances.
All other
ordinances, resolutions or acts that have been previously enacted by
the Te-Moak Council of the Te-Moak Tribe of Western Shoshone Indians
of Nevada and its precursor, the Te-Moak Western Shoshone Council, which
are in conflict with any provision of this Ordinance are hereby repealed.
CERTIFICATION
I, the
undersigned, as Chairperson of the Tribal Council of Te-Moak Tribe of
Western Shoshone Indians of Nevada do hereby certify that the Te-Moak
Western Shoshone Council is composed of 9 members of whom 5
constituting a quorum were present at a duly held meeting on the 19th
day of August, 1986, and that the foregoing ordinance was duly
adopted at such meeting by a affirmative vote for 4 FOR, 0
AGAINST, 0 ABSTENTIONS, pursuant to the authority contained under
Article 4, Section 3 (n) of the Constitution of the Te-Moak Tribe of
Western Shoshone Indians of Nevada, and that said ordinance has not
been rescinded nor amended in any form.
| |
\s\
Clarence Andreozzi, Vice-Chairperson
Te-Moak Western Shoshone Council |
|
ATTEST:
\s\
Secretary, Te-Moak Western Shoshone Council
|
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ORDINANCE
OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA
[ORDINANCE
NO.] 86-OR-TM-04
TITLE XIII CRIMINAL CODE
BE IT ENACTED
BY THE TRIBAL COUNCIL OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS
OF NEVADA, AS FOLLOWS:
That in
accordance with Article 4, Section 3 (j) (n) of the Constitution of
the Te-Moak Tribe, as amended on August 26, 1982, as organized under
the Reorganization Act of June 18, 1934, (48 STAT.), as amended by the
Act of June 15, 1935, (49 STAT. 378) that this Ordinance is to be known
as the "Te-Moak Civil Protective Custody Ordinance" shall be effective
upon passage.
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