Approved Ordinances for the Te-Moak Tribe of Western Shoshone

CURFEW PROCEDURES

Section 1 - Short Title:

Te-Moak Tribal Curfew Ordinance

 

Section 2 - Definition of Terms:

Business Establishment - means any Band or Tribal Building, gymnasium, convenience store, Smoke Shop or any other place in which the general public has access to utilize for lawful business purposes within each respective Colony or Reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada.

Colony - means Elko Indian Colony, Battle Mountain Indian Colony and the Wells Indian Colony of the Te-Moak Tribe of Western Shoshone Indians of Nevada.

Curfew - means the regulation directing the removal of juvenile from the streets, business establishments and other public places during the period in which a curfew is in effect.

Custodian - means a person over the age of eighteen (18) who is in charge of a juvenile in the absence of the parent or guardian.

Extended Family Members - means grandfather, grandmother, aunt, uncle, brother, sister, brother-in-law, sister-in-law.

Guardian - means a person other than a parent, who is legally responsible for a juvenile.

Juvenile - means any person under eighteen (18) years of age.

Parent - means the natural or adoptive father or mother.

Public Place - means any park, playground,gymnasium, or any other place to which the general public has access and a right to utilize for lawful entertainment purposes within each respective Colony or Reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada.

Reservation - means the South Fork Indian Reservation, Odgers Ranch and Ruby Valley Indian Reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada.

Tribe - means the Te-Moak Tribe of Western Shoshone Indians of Nevada.

Section 1 - Curfew Hours for Juveniles:

a. Week-Days: Sunday through Thursday. 10:00 p.m. through 6:00 a.m.

b. Week-Ends: Friday through Saturday, 12:00 midnight through 6:00 a.m.

a. It shall be unlawful for any juvenile to loiter about any public place either on foot or to ride in any vehicle without a set destination, within the boundaries of the Colony or Reservation.

1. Provided; the juvenile is accompanied by a parent, guardian, custodian or other adult person having custody or control of such juvenile.

2. Provided; the juvenile is on an emergency errand, specific business or activity directed for, or permitted by his parent, guardian or other adult person having the care and custody of the juvenile.

3. Provided; the presence of such juvenile is required by legitimate employment, trade, profession or occupation.

Section 2 - Person in Charge of Public Places Violation:

a. It shall be unlawful for any person having charge of any public place to knowingly permit or suffer the presence of any juvenile between the hours set forth in this Ordinance.

Section 3 - Parent Violation:

a. It shall be unlawful for the parent, guardian or other adult person having custody or control of any juvenile to allow, or by inefficient control any juvenile to be on the streets, sidewalks, parking lots, in or about any public place on the Colony or Reservation between the Curfew hours set forth in accordance with this Ordinance.

1. Provided; a juvenile is accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the juvenile.

2. Provided; a juvenile is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care, custody or control of the juvenile.

3. Provided; the parent, guardian, custodian or adult person having the cure, custody or control juvenile has made a missing person notification Law Enforcement Services.

Section 4 - Special Functions:

a. Pow Wows, or other special functions sponsored by a Church, School, Club or other or organizations whose functions shall extend past the curfew hours set forth in this Ordinance shall be exempt.

1. Provided; that the juvenile who attends the function shall be required to be at his home or at the home of the person having the care, custody and control of such juvenile within one-half (l/2) hour after such function has ended.

ARTICLE 4 - CURFEW VIOLATION PROCEDURES

Section 1 - Law Enforcement Procedures:

a. Any Law Enforcement Officer, upon finding a juvenile in violation of this Ordinance shall:

1. First time in one night and/or incident, give the juvenile a warning and allow time for the juvenile to get home.

2. Second time in one night and/or incident, get the juvenile's name, address and parents' names and allow time to get home.

3. Third time, escort the juvenile to his/her residence and have the parent, guardian or custodian sign a release for their juvenile.

4. If the parent, guardian or custodian is not home, an extended family member may be used only if the extended family member consents to sign a release for the juvenile and to take full responsibility until the parent, guardian or custodian returns to claim their juvenile.

b. If such juvenile refuses to heed such warning or direction by a Law Enforcement Officer or refuses to cooperate with a Law Enforcement Officer, the juvenile shall be escorted to the nearest Juvenile Detention Center and thereupon released to his/her parent, guardian or custodian.

1. Parent, guardian or custodian may be assessed the cost of holding the juvenile in Juvenile Detention Center.

c. The Law Enforcement Officer shall not place a juvenile in Juvenile Detention Center unless there is no other choice.

ARTICLE 5 - PENALTIES

Section 1 - Juvenile Penalties:

a. Any minor violating the provisions of this ordinance shall be processed in accordance with the Juvenile Court of the
C.F.R. Court of the Te-Moak Tribe of Western Shoshone Indians Law and Procedures.

Section 2 - Parent Penalties:

a. Any parent, Guardian, or other adult person having the care and custody of a juvenile violating this Ordinance, after having been previously notified in accordance with this Ordinance, shall be processed in accordance with the C.F.R. Court of the Te-Moak Tribe of Western Shoshone Indians Law and Procedures.

ARTICLE 6 - ADOPTION OF TRIBAL CURFEW ORDINANCE

Section 1 - Adoption of Tribal Curfew Ordinance:

(a) This Tribal Curfew Ordinance shall become effective upon the date when adopted by a majority vote of the Tribal Council members in a duly called and noticed Council meeting.

ARTICLE 7 - AMENDMENTS

Section 1 - Amendments to the Tribe Curfew Ordinance:

(a) This Tribal Curfew Ordinance may be amended by a majority vote of the Tribal Council members at a duly called and held meeting.

1. Provided that the Tribal Council shall de liver, by personal service or return receipt mail, the proposed amendment to this Tribal Curfew Ordinance to each Band Council office for review and comment by the Band, at least ten (10) days but not more than forty-five (45) days before a vote is taken on such proposed amendment to the Tribal Curfew Ordinance by the Tribal Council pursuant to Article 4, Section 20 (b) of the Constitution.

CERTIFICATION

We, the undersigned, of the Tribal Council of the Te-Moak Tribe of Western Shoshone Indians of Nevada do hereby certify that the Te-Moak Western Shoshone Council is composed of 10 members of whom 8 constituting a quorum were present at a duly held meeting on the 21st day of January, 1993, and that the foregoing ordinance was duly adopted at such meeting by an affirmative vote of 6 FOR; 1 AGAINST: 0 ABSTENTIONS 0 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/s           Dale S. Malotte, Chairman Te-Moak Western Shoshone Council
ATTEST:           s/s           Recording Secretary Te-Moak Tribal Council

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ORDINANCE OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA CURFEW PROCEDURES ACT

[ORDINANCE NO.] 93-ORD-TM-O1

BE IT ENACTED BY THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA, AS FOLLOWS:

That in accordance with Article 4, Section 3(n) of the Constitution of the Te-Moak Tribe of Western Shoshone Indians of Nevada, approved May 3, 1938, as amended on August 26, 1982, as organized under the Reorganization Act of June 18, 1934 (48 Stat. 984.), as amended by the Act of June 15, 1935, (40 Stat. 378);

STATEMENT OF PURPOSE: A Tribal Curfew Ordinance consistent with the Te-Moak Constitution to set forth the procedures to be followed in regulating the presence and conduct of juveniles on the Colonies/Reservations.

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