Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota - Tribal Code
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Table of Contents.
Ch. 1. Indian court, Title 1. Tribal Court
Ch. 1. General provisions, Section 1. Authority and construction (1.1. Policy. 1.2. Construction. 1.3. Applicable law. 1.4. Sovereign immunity). Section 2. Establishment of courts (2.1. Powers. 2.2. District court. 2.3. Juvenile. 2.4. Court of Appeals). Section 3. Jurisdiction of the courts (3.1. Policy. 3.2. Territorial. 3.3. Personal. 3.4. Property). Section 4. Composition (4.1. District judge. 4.2. Associate judge. 4.3. Magistrate. 4.4. Appeals judges. 4.5. Removal of Judge. 4.6. Clerk of court. 4.7. Other staff). Ch. 2. Administration. Section 1. Jury selection (1.1. Six person jury. 1.2. Jury selectors. 1.3. Source of names. 1.4. Time for selection. 1.5. Methods of jury selection. 1.6. General jury list. 1.7. Jury panel. 1.8. Information sheets and hardships. 1.9. Persons not eligible. 1.10. Criminal trials. 1.11. Civil trials. 1.12. Juror fees). Section 2. Disqualification of judge (1.1. Voluntary recusal. 1.2. Grounds. 1.3. Written motion. 1.4. Review. 1.5. Waiver). Section 3. Attorney licensing (3.1. Annual license. 3.2. Renewal. 3.3. Pro hac vice’. 3.4. Discipline). Section 4. Advocate licensing (4.1. Advocate. 4.2. Conditional license. 4.3. Advocate examination. 4.4. License exemptions). Section 5. Appellate rules of procedure (5.1. Intertribal court rules. 5.2. Appellate rules). Section 6. Contempt of court (6.1. Grounds for contempt. 6.2. Criminal contempt. 6.3. Civil contempt. 6.4. (Reserved). Section 7. Local rules (7.1. Authority. 7.2. Copies available). Ch. 3. Evidence (3.1. Scope. 3.2. Federal rules. 3.3. Indian customs. 3.3. Reports. 3.4. Reserved). Comment. (9 pgs).
Ch. 1. Indian court, Title 2. Civil rules
Ch. 1. Rules of civil procedure (Rule 1. Actions. Rule 2. Commencement of actions. Rule 3. Summons. Rule 4. Service. Rule 5. Time. Rule 6. Pleadings. Rule 7. Defenses. Rule 8. Third party practice. Rule 9. Amended pleadings. Rule 10. Pre-trial. Rule 11. Parties. Rule 12. Default. Rule 13. Discovery. Rule 14. Jury trial. Rule 15. Judgment. Rule 16. Enforcement of judgment. Rule 17. Injunctions. Rule 18. Writs. Rule 19. Appeals. Rule 20. Fees and costs. Rule 21. Reserved). Ch. 2. Repossession, Section 1. Personal property (1.1. Scope. 1.2. Procedure. 1.3. Consent. 1.4. Penalties. 1.5. Civil liability). Ch. 3. Small Claims Court, Section 1. Procedure (1.1. Scope. 1.2. Types of claims. 1.3. No attorneys. 1.4. Complaint. 1.5. Filing fee and service. 1.6. Answer. 1.7. Default. 1.8. Subpoena. 1.9. Witnesses and evidence. 1.10. Orders. 1.11. Judgment, execution. 1.12. Appeal. 1.13. Removal to District Court). Ch. 3. Sentences. Ch. 6. Rules of criminal procedure (Rule 23. Time for jury request. Rule 24. Trial jury - repealed). Resolution 97-229-DSB. Resolution 97-54-DSB. [Various table of content pages]. Resolution 89-235-TL. SubCh. 3. Tribal Court (1. Composition. 2. Jurisdiction and powers. 3. Removal from office. 4. Duties and powers. 5. Salary. 6. Oath of office. 7. Adoption of seal. 8. Chambers. 9. Judicial districts. 10. Magistrates. 11. Clerk of court. 12. Purposes for which court always open. 13. Acts of Judge are acts of court. 14. Ex-parte applications. 15. Motions before trial judge. 16. Orders without notice. 17. Prejudice of judge). SubCh. 4. Tribal Court administrator (1. Responsibilities of the administrator’s office. 2. Appointment of administrator - - assistants. 3. Functions of administrator. 4. Salary - - method and time of pay. 5. Office in courthouse). (44 pgs).
Ch. 2. Judicial procedure, civil
1. Actions, decision enforcement. 2. Commencement of actions. 3. Commencing civil actions . 4. Appearances, defaults, and postponements. 5. Venue. 6. Pleadings. 7. Subpoena and discovery procedure. 8. Jury trials. 9. Contempt of court. 10. Dockets. 11. Guardians of incapacitated persons. 12. Appeals [Moved to Ch. 15]. 13. Definitions. 14. Commitments (1. Definitions. 2. Petition. 3. Hearing). 15. Repossession of personal property [Missing]. Resolution. Draft of resolution 87-. Section 3a. Landlord tenant regulations. 3b. Eviction from land or houses. Resolution. (41 pgs).
Ch. 3. Sentences
1. Nature of sentences. 2. Deposit and disposition of fines. (2 pgs). [Pages missing].
Ch. 4. Offenses
Part I. General provisions. Article 1. Preliminary (110.1. Title and effective date. 110.2. Purpose; principles of construction. 110.3. Territorial applicability. 110.4. Classification of offenses - penalties. 110.5. Offenses defined to be by published statutes. 110.6. Time limitations. 110.7. Method of prosecution when conduct constitutes more than one offence. 110.8. When prosecution barred by former prosecution for the same offense. 110.9. When prosecution barred by former prosecution for different offense. 110.10. Former prosecution in another jurisdiction: when a bar. 110.11. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant. 110.12. Proof beyond a reasonable doubt; affirmation defenses; burden of proving fact when not an element of an offense; presumptions. 110.13. General definitions). Article 2. General principles of liability (120.1. Requirement of voluntary act; omission as basis of liability; possession as an act. 120.2. General requirements of culpability. 120.3. Casual relationship between conduct and result; divergence between result designed or contemplated and actual result or between probable and actual result. 120.4. Ignorance or mistake. 120.5. When culpability requirements are inapplicable to violations and to offenses defined by other statutes; effect of absolute liability in reducing grade of offense to violation. 120.6. Liability for conduct of another; complicity. 120.7. Liability of corporations, unincorporated associations and persons acting, or under a duty to act, in their behalf. 120.8. Intoxication. 120.9. Duress. 120.10. Military orders. 120.11. Consent. 120.12. De Minimis infractions. 120.13. Entrapment). Article 3. General principles of justification (130.1. Justification and affirmative defense; civil remedies unaffected. 130.2. Justification generally: choice of evils. 130.3. Execution of public duty. 130.4. Use of force in self-protection. 130.5. Use of force for the protection of other persons. 130.6. Use of force for the protection of property. 130.7. Use of force in law enforcement. 130.8. Use of force by persons with special responsibility for care, discipline or safety of others. 130.9. Mistake of law as of unlawfulness of force or legality of arrest; reckless or negligent use of otherwise justifiable force; reckless or negligent injury or risk of injury to innocent persons. 130.10. Justification in property crimes. 130.11. Definitions). Article 4. Responsibility (140.1. Mental disease or defect excluding responsibility. 140.2. Evidence of mental disease or defect admissible when relevant to element of the offense. 140.3. Mental disease or defect excluding responsibility is affirmative defense; requirement of notice; form of verdict and judgment when finding of irresponsibility is made. 104.4. Mental disease or defect excluding fitness to proceed. 140.5. Psychiatric examination of defendant with respect to mental disease or defect. 140.6. Determination of fitness to proceed; effect of finding of unfitness; proceedings if fitness is regained. 140.7. Determination of irresponsibility on basis of report; access to defendant by psychiatrist of his own choice; form of expert testimony when issue of responsibility is tried. 140.8. Legal effect of acquittal on the ground of mental disease or defect excluding responsibility; commitment; release or discharge. 140.9. Statement for purpose of examination or treatment inadmissible except on issue of mental condition. 140.10. Immaturity excluding criminal conviction; transfer of proceedings to Juvenile Court). Part II. Offenses involving danger to the person. Article 1. Definitions. Article 2. Assault; reckless endangering (220.1. Simple assault. 220.2. Recklessly endangering another person). Article 3. Kidnapping and related offenses: coercion (230.1. Definitions. 230.2. False imprisonment. 220.3. Assault and battery. 230.4. Criminal coercion). Article 4. Sexual offenses (240.1. Definitions. 240.2. Corruption of minors and seduction. 240.3. Sexual assault. 240.4. Indecent exposure. 240.5. Provision generally inapplicable to Article 4). Resolution 9059TL. Part III. Offenses against property. Article 1. Criminal mischief and other property destruction (310.1. Failure to control or report dangerous fire. 310.2. Definitions. 310.3. Risking catastrophe. 310.4. Failure to prevent catastrophe. 310.5. Criminal mischief). Article 2. Other criminal intrusions (320.1. Criminal trespass). Article 3. Theft and related offenses (330.1. Definitions. 330.2. Consolidation of theft offenses; grading; provisions applicable to theft generally. 330.3. Theft by deception. 330.4. Theft by extortion. 330.5. Theft of property lost, mislaid, or delivered by mistake. 330.6. Receiving stolen property. 330.7. Theft of services. 330.8. Theft by failure to make required disposition of funds received. 330.9. Unauthorized use of automobiles or other vehicles). Article 4. Forgery and fraudulent practices (340.1. Definitions. 340.2. Forgery. 340.3. Simulating objects of antiquity, rarity, etc. 340.4. Fraudulent destruction, removal or concealment of recordable instruments. 340.5. Tampering with records. 340.6. Bad checks. 340.7. Credit cards. 340.8. Deceptive business practices. 340.9. Commercial bribery and breach of duty to act disinterestedly. 340.10. Rigging publicly exhibited contest. 340.11. Defrauding secured creditors. 340.12. Fraud in insolvency. 340.13. Receiving deposits in a failing financial institution. 340.14. Misapplication of entrusted property of government of financial institution. 340.15. Securing execution of documents by deception). Part IV. Offenses against the family. Article 1. Offenses against the family (410.1. Bigamy. 410.2. Polygamy. 410.3. Incest. 410.4. Endangering welfare of children. 410.5. Persistent non-support). Part V. Offenses against public administration. Article 1. Bribery and corrupt influence (510.1. Definitions. 510.2. Bribery in official and political. 510.3. Threats and other improper influence in official and political matters. 510.4. Compensation for past official behavior. 510.5. Retaliation for past official action. 510.6. Gifts to public servants by persons subject to their jurisdiction. 510.7. Compensating public servant for assisting private interests in relation to matters before him. 510.8. Selling political endorsement; special influence). Article 2. Perjury and other falsification in official matters (520.1. Definitions. 520.2. Perjury. 520.3. False swearing. 520.4. Unsworn falsification to authorities. 520.5. False alarms to agencies of public safety. 520.6. False reports to law enforcement authorities. 520.7. Tampering with witnesses and informants; retaliation against them. 520.8. Tampering with or fabricating physical evidence. 520.9. Tampering with public records or information. 520.10. Impersonating a public servant). Article 3. Obstructing governmental operations; escapes (530.1. Definitions. 530.2. Obstructing administration of law or other governmental function - contempt of court. 530.3. Resisting arrest or other law enforcement. 530.4. Hindering apprehension or prosecution. 530.5. Aiding consummation of crime. 530.6. Compounding. 530.7. Escape. 530.8. Implements for escape; other contraband. 530.9. Bail jumping; default in required appearance). Article 4. Abuse of office (540.1. Definitions. 540.2. Official oppression. 540.3. Speculating or wagering on official action or information). Part VI. Offenses against public order and decency. Article 1. Riot, disorderly conduct, and related offenses (610.1. Riot. 610.2. Failure to disperse. 610.3. Disorderly conduct. 610.4. False public alarms. 610.5. Harassment. 610.6. Public drunkenness; drug incapacitation [Replaced]. 610.7. Loitering or prowling. 610.8. Obstructing highways and other public passages. 610.9. Disrupting meetings and processions. 610.10. Desecration of venerated objects. 610.11. Abuse of corpse. 610.12. Cruelty to animals. 610.13. Violation of privacy). Article 2. Public indecency (620.1. Open lewdness. 620.2. Prostitution. 620.3. Promoting prostitution. 620.4. Presumption from living off prostitutes. 620.5. Loitering to solicit deviate sexual relations. 620.6. Obscenity). Part VII. Inchoate crimes (700.1. Criminal attempt. 700.2. Criminal solicitation. 700.3. Criminal conspiracy. 700.4. Incapacity, irresponsibility or immunity of party to solicitation or conspiracy. 700.5. Grading of criminal attempt, solicitation and conspiracy; mitigation in cases of lesser danger; multiple convictions barred. 700.6. Possessing instruments of crime; weapons. 700.7. Prohibited offensive weapons). Article 8. Authorized disposition of offenders (800.1. Sentence in accordance with code; authorized dispositions. 800.2. Fines. 800.3. Associations; forfeiture of corporate charter or revocation of certificate authorizing foreign corporation to do business in the reservation. 800.4. Sentence of imprisonment for misdemeanors; ordinary terms. 800.5. Place of imprisonment. 800.6. Reduction of conviction by court to lesser degree of misdemeanor. 800.7. Civil commitment in lieu of prosecution or of sentence. 800.8. Hearing prior to restitution or reparations order-conditions). Part IX. Authority of court in sentencing (900.1. Factors to be considered in sentencing decision. 900.2. Imposition of fine - response of nonpayment. 900.3. Multiple sentences; concurrent consecutive terms. 900.4. The court may order a pre-sentence investigation in any other case. 900.5. Credit for time of detention prior to sentence; credit for imprisonment under earlier sentence for the same crime). 120.4. Excuse or mistake of law. 610.6. Public intoxication due to alcohol or drugs. 610.7. Loitering and obstruction. Miscellaneous offenses (1000.1. Furnishing or delivering alcoholic beverages to minors-penalty; 1000.2. Minor prohibited from obtaining alcoholic beverages and entering liquor establishments; 1000.3. [Missing]; 1000.4. Altering livestock brands; 1000.5. Child abuse or neglect; 1000.6. Inhalation of noxious fumes; 1000.7. Maintaining a public nuisance; 1000.8. [Missing]; 1000.9. Failure to send children to school; 1000.10. Disposing of property of an estate; 1000.11. Desecration of religious and burial sites). Resolution 77-260. Resolution 88-187-TL. Ch. 4. Section 36. Failure to send children to school. Ch. 13. Section 6. School attendance. Ch. 4. List of criminal offenses. Correspondence. Resolution 77-09. Ch. 4B. Weapons -- Index. Possession, sale, use of pistols and revolvers (4B-01-01. “Pistol” defined. 4B-01-02. Presence of pistol in automobile as evidence. 4B-01-03. Who not to possess pistols. 4B-01-04. Carrying pistols prohibited - exceptions. 4B-01-05. License to carry weapon - who may issue. 4B-01-06. License to carry weapon - to whom issued. 4B-01-07. License - form - term - filing. 4B-01-08. Regulation of sale of pistols. 4B-01-09. Violation of sales regulations - penalty. 4B-01-10. Selling pistol to minors prohibited - penalty. 4B-01-11. Prohibited transfers. 4B-01-12. Dealer’s license required. 4B-01-13. Dealer’s license - by whom granted and conditions thereof. 4B-01-14. Penalty for sale without dealer’s license. 4B-01-15. False information prohibited. 4B-01-16. Prohibited alterations in pistol. 4B-01-17. Producing license on demand. 4B-01-18. Antique pistols. 4B-01-19. Penalties). Ch. 4B-02. Possession sale and use of machine guns and bombs (4B-02-01. Definitions. 4B-02-02. License required. 4B-02-03. Purpose for which license may be issued. 4B-02-04. License - application - who issues. 4B-02-05. License - provisions - records. 4B-02-06. Persons exempt from provisions of this Ch.). Ch. 4B-03. Explosives and concealed weapons (4B-03-01. Caring concealed weapons or firearms prohibited. 4B-03-02. Caring concealed explosives prohibited. 4B-03-03. Penalty. 4B-03-04. Possession presumptive evidence of intent to use weapon for unlawful purpose). Ch. 4B-04. Miscellaneous provisions (4B-04-01. Use the sale of “silencer” prohibited - penalty. 4B-04-02. Use of firearms by children prohibited - penalty. 4B-04-03. Forfeiture of weapons by person arrested and convicted of crime. 4B-04-04. Manufacture, use and sale of blank cartridge firearms and firecrackers prohibited). Ch. 4B-05. Purchase of rifles and shotguns in contiguous states (4B-05-01. Declaration of policy. 4B-05-02. Resident may purchase rifle or shotgun in contiguous state. 4B-05-03. Federal firearms licenses - not applicable to. 4B-05-04. Definitions). License to carry pistol or revolver. Correspondence. Resolution. Fort Berthold dog registration and rabies control ordinance (1. Definitions. 2. Registration of dogs. 3. Public clinics. 4. Impoundment and destruction of dogs. 5. Control of rabies infected animals. 6. Penalties. 7. Construction of the ordinance). Resolution. Ch.. Drugs. Index. (I. General provisions. II. Definitions. III. Jurisdiction. IV. Nomenclature. V. Schedules of controlled substances: A. Schedule I B. Schedule II; C. Schedule III; D. Schedule IV; E. Schedule V. VI. Registration: A. Registration requirements; B. Registration; C. Revocation and suspension of registration; D. Order to show cause; E. Records of registrants; F. Order forms; G. Rules. VII. Prescriptions. VIII. Penalties: A. Prohibited acts A; B. Prohibited acts B; C. Prohibited acts C. IX. Disposing of needles and paraphernalia: X. Penalties under other laws. XI. Bar to prosecution. XII. First offence possession. XIII. Powers of enforcement personnel. XIV. Administrative inspections and warrants. XV. Injunctions. XVI. Cooperative arrangements and confidentiality. XVII.. Forfeitures. XVIII. Liabilities. XIX. Judicial review. XX. Education and research). Fort Berthold Indian Reservation controlled substance registration form. Correspondence.Resolution No. 70-15. Resolution. I. Operating a motor vehicle under the influence of intoxicating liquor or controlled substances. II. Definitions. III. Interpretation of chemical tests. IV. Implied consent to determine the alcohol content of blood. V. Records of the court. Resolution Ch. 4A Motor vehicle code (I. Applicability. II. Penalty. Resolution 61-55. Resolution. Resolution 96-169-DSB. (221 pgs).
Ch. 5. Domestic relations
Resolution. 5-01. Guardians of incapacitated persons (5-01.1-01. Testamentary appointment of guardian for incapacitated person. 5-01.1-02. Reserved. 5-01.1-03. Procedure for court appointment of a guardian of an incapacitated person. 5-01.1-04. Findings - order of appointment. 5-01.1-05. Acceptance of appointment - consent to jurisdiction. 5-01.1-06. Termination of guardianship for incapacitated person. 5-01.1-07. Removal or resignation of guardian - termination of incapacity. 5-01.1-08. Visitor in guardianship proceedings. 5-01.1-09. Notices in guardianship proceedings. 5-01.1-10. Temporary guardians. 5-01.1-11. Who may be guardian - priorities. 5-01.1-12. General powers and duties of guardian. 5-01.1-13. Proceedings subsequent to appointment - jurisdiction). 5-01.2. Protection of property of persons under disability and minors (5-01.2-01. Protective proceedings. 5-01.2-02. Protective proceedings - jurisdiction of affairs of protective persons. 5-01.2-03. Reserved. 5-01.2-04. Original petition for appointment or protective order. 5-01.2-05. Notice. 5-01.2-06. Protective proceedings - request for notice - interested person. 5-01.2-07. Procedure concerning hearing and order on original petition. 5-01.2-08. Permissible court orders. 5-01.2-09. Protective arrangements and single transaction authorized. 5-01.2-10. Who may be appointed conservator - priorities. 5-01.2-11. Bond. 5-01.2-12. Terms and requirements of bonds. 5-01.2-13. Acceptance of appointment - consent to jurisdiction. 5-01.2-14. Compensation expense. 5-01.2-15. Death, resignation, or removal of conservator. 5-01.2-16. Petitions for orders subsequent to appointment. 5-01.2-17. General duty of conservator. 5-01.2-18. Inventory and records. 5-01.2-19. Accounts. 5-01.2-20. Conservators -- title by appointment. 5-01.2-21. Recording of conservators letters. 5-01.2-22. Sale, encumbrance, or transaction involving conflict of interest - voidable exceptions. 5-01.2-23. Persons dealing with conservators - protection. 5-01.2-24. Powers of conservator in administration. 5-01.2-25. Distributive duties and powers of conservator. 5-01.2-26. Enlargement or limitation of powers of conservator. 5-01.2-27. Preservation of estate plan. 5-01.2-28. Claims against protected person - enforcement. 5-01.2-29. Individual liability of conservator. 5-01.2-30. Termination of proceeding. 5-01.2-31. Payment of debt and delivery of property to foreign conservator without local proceedings. 5-01.2-32. Delivery to foreign conservator). 5-02. Name Change (5-2.01. Court authorized to change name of persons. 5-2.02. Change of name of person - petition. 5-2.03. Common law rights preserved. 5-2.04. Costs - change not to affect - rights or pending). 5-03. Marriage contract (5-03.00. Recognition of previous marriage [Missing]. 5-03-01. What constitutes marriage. 5-03-01.1. Members of the Armed Forces deemed residents. 5-03-02. Lawful age for marriage. 5-03-03. Void marriages. 5-03-04. Reserved. 5-03-05. Reserved. 5-03-06. Marriage of person having husband or wife void exception. 5-03-07. Prohibited marriages. 5-03-08. Foreign marriages recognized. 5-03-09. Who may solemnize marriages. 5-03-10. Marriage may not be solemnized without a licence - residence required. 5-03-11. Who issue marriage license to County Judge. 5-03-12. Recordation of marriage and divorce. 5-03-13. Illegal issuance of license, performance of marriage: penalty. 5-03-14. Failure to make return: penalty. 5-03-15. Reserved. 5-03-16. Reserved. 5-03-17. Application for a license. 5-03-18. License to and marriage of intoxicated person prohibited. 5-03-19. License issued to all who comply with law. 5-03-20. License and certificate. 5-03-21. License and certificate returned to clerk - duplicate to persons married - records kept. 5-03-22. Reserved. 5-03-23. Marriage license fee - supplemental fee - duties of officers. 5-03-24. Certified record is evidence [Missing]. 5-03-25. Performing marriage ceremony without authority penalty [Missing]. 5-03-26. Reserved. 5-03-27. Reserved. 5-03-28. Penalty). 5-04. Annulment of Marriage (5-04-01. Grounds for annulling marriage. 5-04-02. Action to annual - limitations of time. 5-04-03. [Missing]. 5-04-04. Custody of children. 5-04-05. Effect of judgment). 5-05. Dissolution of marriage (5-05-00. Divorce authority. 5-05-01. Marriage - how dissolved. 5-05-02. Effect of divorce. 5-05-03. Causes for divorce. 5-05-04. Adultery defined. 5-05-05. Extreme cruelty defined. 5-05-06. Desertion defined. 5-05-07. Willful neglect defined. 5-05-08. Habitual intemperance defined. 5-05-09.1. Irreconcilable differences defined. 5-05-10. Denial of divorce. 5-05-11. Connivance defined. 5-05-12. Collusion defined. 5-05-13. Condonation defined - requisites. 5-05-14. Revocation of condonation. 5-05-15. Reserved. 5-05-16. Limitation of time. 5-05-17. Residence requirements. 5-05-18. Presumption of domicile. 5-05-19. Reserved. 5-05-20. Legitimacy of children -- adultery by husband. 5-05-21. Legitimacy of children -- adultery by wife. 5-05-22. Temporary support, attorney fees, and custody. 5-05-23. [Missing]. 5-05-24. Permanent alimony -- division of property. 5-05-25. Security for alimony. 5-05-26. Separate maintenance provided for when divorce denied). 5-06. Separation from bed and board (5-06-01. Grounds for separation. 5-06-02. Temporary support, attorney or lay advocate fees, and custody. 5-06-03. Permanent maintenance -- division of property. 5-06-04. Decree of separation -- effect. 5-06-05. Revocation of decree of separate maintenance -- divorce granted. 5-06-06. Residence requirements). 5-07. Husband and wife (5-07-01. Mutual obligations. 5-07-02. Reserved. 5-07-03. Duty to support. 5-07-04. Separate property -- rights and privileges. 5-07-05. Rights and liabilities of married person. 5-07-06. Contracts between husband and wife and third persons as to property. 5-07-07. Contracts to alter marital relations. 5-07-08. Separate and mutual rights and liabilities of husband and wife. 5-07-09. Courtesy and dower extinguishes. 5-07-10. Mutual liability for necessaries. 5-07-11. Spouse liable for support -- exception. 5-07-12. Transfer of property when abandoned or imprisoned. 5-07-13. Contracts made under power given by court binding on both parties. 5-07-14. When order for transfer maybe sent aside. 5-07-15. Abandonment or nonsupport of child -- penalty. 5-07-16. Abandonment or nonsupport of spouse -- penalty. 5-07-17. Presumption of intent to abandon. 5-07-18. Reserved. 5-07-19. Bond may be given in lieu of punishment. 5-07-20. Conditions of bond -- who may sue on breach. 5-07-21. Violation of conditions of bond -- who may sue on breach. 5-07-22. Evidence required to prove relationship). 5-07.1. Adult abuse (5-07.1-01. Adult abuse defined. 5-07.1-02. Protection order. 5-07.1-03. Temporary protection order; copy to law enforcement agencies. 5-07.1-04. Assistance of law-enforcement officer in service and execution. 5-07.1-05. Right to apply for relief. 5-07.1-06. Penalty for violation of protection order; arrest without warrant. 5-07.1-07. Appointment for guardian Ad Litem for minor. 5-07.1-08. Nonexclusive remedy. 5-07.1-09. Emergency relief. 5-07.1-10. Duty to assist applicant. 5-07.1-11. Immunity from liability - penalty for false reports). 5-08. Action for support of married person (5-08-01. Action against husband or wife for support of spouse and minor children -- when married. 5-08-02. Power of court to render judgment. 5-08-03. Procedure for action. 5-08-04. What payments made by spouse pending action. 5-08-05. Security required -- receiver. 5-08-06. Support payments procedures upon failure to pay. 5-08-07. Support payments -- payment to court -- transfer of payment to court of recipient’s residence -- transfer of proceedings for enforcement of decree -- procedures upon failure to pay. 5-08-08. Reserved. 5-08-09. Aid of court available to recipients of support. 5-08-10. Remedies additional to those existing). 5-08.1. Civil remedies for child support (5-08.1-01. Liability for support. 5-08.1-02. Procedure for action. 5-08.1-03. Security required -- enforcement remedies. 5-08.1-04. Duty of tribal prosecutor). 5-09. Parent and child (5-09-01. Legitimacy of children born in wedlock. 5-09-02. Children born after dissolution of marriage or before wedlock -- legitimacy. 5-09-03. Who may dispute presumption of legitimacy. 5-09-04. Custody of legitimate child. 5-09-05. Custody of illegitimate child. 5-09-06. Priority of custody of father and mother. 5-09-06.1. Awarding custody -- best interests and welfare of child. 5-09-06.2. Best interests and welfare of child -- court considerations -- factors. 5-09-06.3. Custody investigations and reports - costs. 5-09-06.4. Appointment of guardians ad litem for children in custody, support, and visitation proceedings. 5-09-07. Residence of child. 5-09-08. Mutual duty to support children. 5-09-09. Liability of step-parent for support. 5-09-09.1. Child support -- wage assignment -- procedures. 5-09-09.2. Child support -- alternative procedure to withhold and transmit earnings. 5-09-09.3. Child support -- duties and liabilities of employer under wage assignment order or order to withhold and transmit earnings. 5-09-09.4. Child support -- order for wage assignment or to withhold and transmit earnings -- dissolution, revocation or modification. 5-09-09.5. Reserved. 5-09-10. Reciprocal duty of support -- support of poor. 5-09-11. Allowance to parent for support of child. 5-09-12. Reserved. 5-09-13. Neglect of child -- parent liable to third person. 5-09-14. When parent not liable for support of child. 5-09-15. Support of children after majority. 5-09-16. Control of property of child. 5-09-17. Child’s earnings -- relinquished by parent. 5-09-18. Wages of minors. 5-09-19. Parental abuse. 5-09-20. When parent’s authority ceases. 5-09-21. Parent and child not liable for acts of other. 5-09-22. Neglect of child -- penalty). 5-10. Minors (5-10-01. “Minors” defined. 5-10-02. “Adults” defined. 5-10-03. Minor liable for wrongs. 5-10-04. Minor’s rights of action. 5-10-05. Assignment of children prohibited -- penalty. 5-10-06. Unlawful to encourage or contribute to delinquency of minor - penalty. 5-10-07. Marriage of minors under supervision of Juvenile Court may be annulled -- penalty. 5-10-08. Person to whom Child confided substituting other child -- penalty. 5-10-09. Minor’s disability to delegate power and to a contract relating to real property. 5-10-10. Contracts of minor. 5-10-11. Minor’s contracts -- disaffirmation. 5-10-12. Minor cannot disaffirm contracts for necessaries. 5-10-13. Minor may not disaffirm statutory contracts. 5-10-14. Undertaking by minors for release on bail. 5-10-15. Unborn child -- when deemed existing person. 5-10-16. Reserved. 5-10-17. Minors - treatment for venereal disease - drug abuse - alcoholism. 5-10-17.1. Minor’s emergency care. 5-10-18. Blood donations by minors. 5-10.1. Uniform securities ownership by minors act (5-10.01-01. Definitions. 5-10.01-02. No liabilities without notice or knowledge of minority. 5-10.01-03. When minor may disaffirm or avoid transaction. 5-10.01-04. Uniformity -- short title). 5-10.2. Uniform minor student capacity to borrow act (5-10.2-01. Definitions. 5-10.2-02. Limited removal of disability of minors. 5-10.2-03. Application and construction. 5-10.2-04. Short title). 5-12.1. Reciprocal enforcement of support. 1. General provisions (5-12.1-01. Purposes. 5-12.1-02. Definitions. 5-12.1-03. Remedies additional to those now existing. 5-12.1-04. Extent of duties of support. 5-12.1-05. Reserved. 5-12.1-06. Reserved). 2. [Missing]. 3. Civil enforcement (5-12.1-07. Choice of law. 5-12.1-08. Remedies of state, tribe, or political subdivision furnishing support. 5-12.1-09. How duties of support enforced. 5-12.1-10. Jurisdiction. 5-12.1-11. Contents and filing of petition for support - venue. 5-12.1-12. Officials to represent obligee. 5-12.1-13. Petition for a minor. 5-12.1-14. Duty of initiating court. 5-12.1-15. Costs and fees. 5-12.1-16. Jurisdiction by arrest. 5-12.1-17. State information agency. 5-12.1-18. Duty of the court and officials of this tribe as responding court. 5-12.1-19. Further duties of court and officials in the responding court. 5-12.1-20. Hearing and continuance. 5-12.1-21. Immunity from criminal prosecution. 5-12.1-22. Reserved. 5-12.1-23. Rules of evidence. 5-12.1-24. Order of support. 5-12.1-25. Responding court to transmit copies to initiating court. 5-12.1-26. Additional powers of responding court. 5-12.1-27. Paternity. 5-12.1-28. Additional duties of responding court. 5-12.1-29. Additional duty of initiating court. 5-12.1-30. Proceedings not to be stayed. 5-12.1-31. Application of payments. 5-12.1-32. Effect of participation in proceedings. 5-12.1-33. Reserved. 5-12.1-34. Appeals). 4. Registration of foreign support orders (5-12.1-35. Additional remedies. 5-12.1-36. Registration. 5-12.1-37. Registry of foreign support orders. 5-12.1-38. Official to represent obligee. 5-12.1-39. Registration procedure -- notice. 5-12.1-40. Effect of registration -- enforcement procedure. 5-12.1-41. Uniformity of interpretation. 5-12.1-42. Short title. 5-12.1-43. Severability). 5-14. Uniform child custody jurisdiction act (5-14-01. Purpose of Ch. - construction of provisions. 5-14-02. Definitions. 5-14-03. Jurisdiction. 5-14-04. Notice and opportunity to be heard. 5-14-05. Notice to persons outside the reservation - submission to jurisdiction. 5-14-06. Simultaneous proceedings in other states. 5-14-07. Inconvenient forum. 5-14-08. Jurisdiction declined by reason of conduct. 5-14-09. Information under oath to be submitted to the court. 5-14-10. Additional parties. 5-14-11. Appearance of parties and the child. 5-14-12. Binding force and Res Judicata effect of custody decree. 5-14-13. Recognition of out-of-jurisdiction custody decrees. 5-14-14. Modification of custody decree of another jurisdiction. 5-14-15. Filing and enforcement of custody decree of another jurisdiction. 5-14-16. Registry of out-of-jurisdiction custody decree and proceedings. 5-14-17. Certified copies of custody decrees. 5-14-18. Taking testimony in another jurisdiction. 5-14-19. Hearings in studies in another jurisdiction - orders to appear. 5-14-20. Assistance to courts of other jurisdiction. 5-14-21. Preservation of documents for use in other jurisdictions. 5-14-22. Request for court records of another jurisdiction. 5-14-22.1. Removal of child from jurisdiction in violation of custody decree -- penalty. 5-14-23. International application. 5-14-24. Priority. 5-14-25. Severability. 5-14-26. Short title). 5-17. Uniform parentage act (5-17-01. “Parent and child relationship” defined. 5-17-02. Relationship not dependent on marriage. 5-17-03. How parent and child relationship established. 5-17-04. Presumption of paternity. 5-17-05. Determination of father and child relationship -- who may bring action -- when action may be brought [Missing]. 5-17-06. Statute of limitations [Missing]. 5-17-07. Jurisdiction [Missing]. 5-17-08. Parties [Missing]. 5-17-09. Pretrial proceedings. 5-17-10. Blood test. 5-17-11. Evidence relating to paternity. 5-17-12. Pretrial recommendations. 5-17-13. Civil action - trial. 5-17-14. Judgement or order. 5-17-15. Costs. 5-17-16. Enforcement of judgement or order. 5-17-17. Modification of judgement or order. 5-17-18. Right to counsel -- free transcript on appeal. 5-17-19. Hearing and records -- confidentiality. 5-17-20. Action to declare mother and child relationship. 5-17-21. Promise to render support. 5-17-22. Birth records. 5-17-23. When notice of adoption proceeding required (see adoption code). 5-17-24. Proceedings to terminate parental rights (see juvenile code). 5-17-25. Uniformity of application and construction. 5-17-26. Short title). (114 pgs).
Ch. 5, Title 9. Adoption code
(9-1.0. Title. 9-1.1. Definitions. 9-1.2. Whom may be adopted. 9-1.3. Who may adopt. 9-1.4. Persons required to consent to adoption. 9-1.5. Persons as to whom consent and notice not required. 9-1.6. Procedures for voluntary consent. 9-1.7. Petition for adoption. 9-1.8. Report of petitioner’s expenditures. 9-1.9. Notice of petition - investigation and hearing. 9-2.0. Required residence of minor. 9-2.1. Appearance - continuance - disposition of hearing. 9-2.2. Effect of petition and decree of adoption. 9-2.3. Appeal and validation of adoption decree. 9-2.4. Hearings and records in adoption proceedings - confidential nature - disclosure of identifying and nonidentifying information - retroactive operation. 9-2.5. Recognition of foreign decree affecting adoption. 9-2.6. Application of new birth record. 9-2.7. Relinquishment and termination of parent and child relationship. 9-2.8. Adoption and legitimation by conduct. 9-2.9. Description of paternity). Resolution 86-210-C. Certification. (16 pgs).
Ch. 6. Criminal procedure table of rules
1. Scope. 2. Purpose and construction. 3. Complaint. 4. Arrests summons or summons upon complaint. 5. Arrest. 6. Notification of rights at time of arrest. 7. Initial appearance before the magistrate or judge. 8. Release from custody. 9. Joinder of offenses and defendants. 10. Arraignment. 11. Withdrawal of plea. 12. Pleadings and motions before trial; defenses and objections. 13. Trial joinder. 14. Reserved for future use. 15. Reserved for future use. 16. Reserved for future use. 17. Search warrant defined: search and seizure. 18. Search without a warrant. 19. Disposition of seized property. Search Warrant. Return of warrant. 20. Subpoena. 21. Place of trial. 22. Evidence. 23. Trial by jury or by court. 24. Trial by jury. 25. Sentencing and judgment. 26. New trial. 27. Arrest of judgment. 28. Clerical mistakes. 29. Probation. 30. Parole. 31. Appeals. 32. Stay of execution and relief pending review. 33. Dismissal. 34. Calenders. 35. Regulation of conduct in courtroom. 36. Application and exception. 37. Appendix of forms. 38. Effective date: statutes superseded. 39. Title. Forms. (70 pgs).
Ch. 7. Evidence
1. Privileges. 2. Qualifications, examination, credibility of witnesses. 3. Hearsay. (12 pgs).
Ch. 8. Juvenile code
8-1.1. Title. 8-1.2. Purpose. 8-1.3. Definitions. 8-1.4. Jurisdiction. 8-1.5. Juvenile court personnel. 8-1.6. Powers and duties of juvenile supervisors. 8-1.7. Transfer from other courts. 8-1.8. Informal adjustment. 8-1.9. Taking into custody. 8-2.0. Detention of child. 8-2.1. Release or delivery to court. 8-2.2. Place of detention. 8-2.3. Release from detention or shelter care - hearing - conditions of release. 8-2.4. Subpoena. 8-2.5. Petition - preliminary determination. 8-2.6. Petition - who may make. 8-2.7. Contents of petition. 8-2.8. Summons. 8-2.9. Service of summons. 8-3.0. Conduct of hearings. 8-3.1. Service by publication - interlocutory order of disposition. 8-3.2. Right to counsel. 8-3.3. Investigation and report. 8-3.4. Hearings - findings- dismissal. 8-3.5. Disposition of deprived child. 8-3.6. Disposition of delinquent child. 8-3.7. Disposition of unruly child. 8-3.8. Court order required for removal of child. 8-3.9. Order of adjudication - noncriminal. 8-4.0. Transfer to other courts. 8-4.1. Disposition of mentally ill, mentally retarded, alcohol or drug abusing child. 8-4.2. Limitations of time on orders of disposition. 8-4.3. Modification or vacation of orders. 8-4.4. Rights and duties of legal custodian. 8-4.5. Voluntary consent to termination of parental rights. 8-4.6. Withdrawal of consent to termination of parental rights. 8-4.7. Termination of parental rights. 8-4.8. Proceeding for termination of parental rights. 8-4.9. Notice in cases of abandonment. 8-5.0. Criteria for termination. 8-5.1. Review following termination. 8-5.2. Effect of termination decree. 8-5.3. Commitment to agency. 8-5.4. Appeal. 8-5.5. Guardian ad litem. 8-5.6. Costs and expenses for care of child. 8-5.7. Protective order. 8-5.8. Inspection of court files and record. 8-5.9. Law-enforcement records. 8-6.0. Children’s finger prints, photographs. 8-6.1. Sealing and disposal of juvenile records and files - with and without hearings - findings necessary - notice - reopening records. 8-6.2. Ex parte emergency orders). Resolution 69-95. Ordinance 69-1. (49 pgs).
Title 8 A. Child welfare code of the Three Affiliated Tribes -- the Mandan, Hidatsa, and Arikara -- of the Fort Berthold Indian Reservation
1. General (8A-1.1. Title. 8A-1.2. Purpose. 8A-1.3. Definitions. 8A-1.2. Jurisdiction. 8A-1.3. Intervention in state court proceedings. 8A -1.4. Criminal prosecution for other violations [Missing]. 8A-1.5. Interagency cooperation. 8A-1.6. Child protection team. 8A-1.7. Permanency planning committee [Missing]. 8A-1.8 Confidentiality - hearings; records; penalties). 2. Reports and investigation ( 8A-2.1. Duty to report abuse and neglect. 8A-2.2. Content of report [Missing]. 8A-2.3. Responsibilities of agencies receiving reports. 8A-2.4. Photographs, x-rays and medical examination of injury or trauma. 8-2.5. Immunity from liability. 8-2.5 Immunity from liability [Missing]. 8-2.6. Presumption of good faith report [Missing]. 8-2.7. Procedure in case of a child’s death. 8-2.8. Penalty for failure to report. 8A-3 Child Protective Services. 8A-3.0. Responsibility for providing protective services [Missing]. 8A-3.1. Informal adjustment. 8A-3.2. Emergency protective services. 8A-3.3. Guardian ad litem or court-appointed specially advocate (CASA). 8A-3.4. Independent legal counsel for children need of care. 8A-4.1. Petition for authority to investigate and to provide protective services. 8A-4.2. Order for investigation authority and protection services. 8A-4.3. Prevention of removal. 8A-4.4. Voluntary foster care placement; consent; interpreter. 8A-4.5. Withdrawal of consent to foster care placement. 8A-4.6. Fact-finding and dispositional hearing). (29 pgs).
Ch. 9. Judgment and execution.
1. General provisions. 2. Costs, fees, and fines. 3. Replevin. (8 pgs).
Ch. 10. Change of names of persons and places
1. Change of names of persons and places. 2. Jurisdiction and powers [repealed]. 3. Removal from office. 4. Duties and powers. 5. Salary. 6. Oath of office. 7. Adoption of seal. 8. Chambers. 9. Judicial districts. 10. Magistrates. 11. Clerk of court. 12. Purposes for which court always open. 13. Acts of judge are acts of court. 14. Ex. parte applications. 15. Motions before trial judge. 16. Orders without notice. 17. Prejudice of Judge. [Ch. 10 superceded March 10 1987]. (10 pgs).
Ch. 11. Writs of mandamus & prohibition
1. Writs of mandamus. 2. Writ of prohibition. (3 pgs).
Ch. 12. Illegitimacy
1. Obligation of parents of child born out of wedlock [repealed]. 2. Failure to support laws governing. 3. Recovery by mother of child born out of wedlock from father for support of child. 4. Recovery for support of child born out of wedlock by others than mother. 5. Discharge of the father’s obligation to support child born out of wedlock. 6. Liability of father’s estate. 7. Acknowledgment of paternity -- how made. 8. Action to determine paternity of child who may bring. 9. Time of bringing action to determine paternity of child. 10. Action to determine paternity - form of complaint. Contents. 11. Warrant issued for arrest of defendant in action to determine paternity when summons used. 12. Preliminary hearing. 13. Continuance of trial until birth child. 14. Trial of action to determine paternity when by jury when by court how conducted. 15. Absence of defendant bail forfeited court makes findings. 16. Effect of death or absence or insanity of mother. 17. Judgment. 18. Payment to trustee. 19. Security commitment probation. 20. Enforcement on default. 21. When father adjudged in contempt and committed to jail. 22. Agreement or compromise when binding. 23. Failure to support penalty. 24. Failure to carry out judgment for support penalty. 25. Failure to support carry our judgment probation. 26. Criminal prosecution not a bar to civil proceeding for support support paid allowed in determining civil liability. 27. Judgment of other state. (7 pgs).
Ch. 13. Health and education
Part 1. Health (1. Birth and death certificates. 2. Dead bodies: custody, control & burial. 3. Nuisances caters to health (A. Communicable or venereal diseases. B. Special regulations for the territorial limits of agency reserve area). 4. Fire prevention code. 5. General provisions. 6. School attendance). (12 pgs).
Ch. 14. Heirship and probate
1. Jurisdiction. 2. Determination of heirs. 3. Public notice of hearing. 4. Service of notice on interested parties. 5. Proof of service of notice of hearing. [Section 6]. 7. Applicable law. 8. Protection of the estate. 9. Claims. 10. Distribution. 11. Wills. 12. Fees. (3 pgs).
Ch. 15. Court of Appeals
1. Rules of appellate procedure (1. Scope of rules. 2. When an appeal may be taken. 3. Appeal of right - how taken. 4. Appeal of temporary restraining order and preliminary injunction. 5. Discretionary appeal - how taken. 6. Released pending appeal of a criminal conviction. 7. Record. 8. Transmission of the record. 9. Filing and service of document of appeal. 10. Briefs, memoranda, and statements. 11. Amicus curiae. 12. Oral argument. 13. Decision. 14. Frivolous appeals. 15. Costs. 16. Issuance of mandate. 17. Terms of court. 18. Rule making power of court. 19. Court’s rule-making power overrides council; rules to be in writing filing with clerks and attorneys). 2. Rules for Court of Appeals (1. Jurisdiction of Court of Appeals. 2. Place and time of sessions of the Court of Appeals. 3. Right of appeal. 4. Procedure on appeal. 5. Stay on appeal. 6. Judgment against surety. 7. Brief and memoranda. 8. Subpoena of witnesses and records for cases on appeal. 9. Record in the Tribal Court. 10. Separate docket for Court of Appeals. 11. Clerk. 12. Rules of Court of Appeals). (8 pgs).
Ch. 16. Tribal business enterprises
1. Creation. 2. Purposes. 3. Depository: withdrawals. 4. Records and reports. 5. Employment preference. 6. Social Security. 7. Bonding of officers and employees. (2 pgs).
Ch. 17. Commerce and trade
1. Granting of license. 2. Licenses requirements. 3. Payment of license fees. 4. Complying with laws and regulations. 5. Termination of license. 6. Transfer of license. 7. Taxation. 8. Disposition of funds. Sub-Ch. 2. Liquor laws (1. General provision. 2. Granting of licenses. 3. Payment of licenses fees. Copy of application for business license. 4. Period covered by license. 5. License required. 6. Complying with laws and regulations. 7. Transfer of license. 8. Bonding of Three Affiliated Tribes contractors. 8. Definitions. 9. General restrictions on eligibility of licenses: exception. 10. Special restrictions on issuance of intoxicating liquor licenses. 11. Restrictions on general conduct of business. 12. Special restrictions on general conduct of business in intoxicating liquors. 13. Sale of used containers prohibited. 14. Licenses whose licensed has been revoked: ineligible for one year. 15. Conformity to State laws and regulations). (12 pgs).
Ch. 18. Fish and game
[Missing or reserved].
Ch. 19. Obligation imposed by law
1. General provisions. 2. Deceit. 3. [Missing]. 4. Seduction. 5. Damages for death by wrongful act. 6. Intentional torts. 7. Nuisance. (10 pgs).
Ch. 20. Wills
1. Succession: deceit: wills. 2. Wills: execution and revocation. 3. Wills interpretation. 4. Wills: general provisions. 5. Disposition of property of decedent willfully killed. 6. Simultaneous death law. 7. Probate procedure. 8. Definitions. (20 pgs).
Ch. 21. Contracts
1. General provisions. 2. Parties. 3. Consent. 4. Object. 5. Consideration. 6. Formation of contract. 7. Unlawful contract provisions. Resolution 89-139-TL. (10 pgs).
Ch. 22. Sales
1. General obligation and construction of contract. 2. Title, creditors, and good-faith purchasers. 3. Performance. 4. Breach, repudiation and [text illegible]. 5. Remedies. (18 pgs).
Ch. 23. Damages
1. General provisions. 1. Closed Range Ordinance (1.1. Purpose). 2. Definitions (2.1. Open range. 2.2. Closed range. 2.3. Grazing areas. 2.4. All whether public roads). 3. Conditions for closed range (3.1. All weather public roads in grazing areas). Resolution 90-95-T]. (6 pgs).
Ch. 24. Pesticide code
I. Purpose. II. Definitions. III. Classification of pesticides. IV. Classification of pesticide applicators. V. Categorization of commercial applicators. VI. Standards of competency for certification. VII. Certification procedures. VIII. Storage and disposal of pesticides and pesticide containers. IX. Record keeping. X. Unlawful acts. XI. Denial, suspension, revocation, or modification of certification. XII. Penalties. XIII. Civil damage and/or injunctive actions. Resolution 84-54-S. [Correspondence with attachments]. Plan for certification of pesticide applicators on the Fort Berthold Reservation I. Participating agencies. II. Legal authority and qualified personnel. III. Assurance of funding. IV. Reports. V. Classification of applicators. VI. Competency standards for commercial applicators. VII Competency standards for private applicators. VIII. Reservation certification procedures. IX. Maintenance of the Fort Berthold Reservation Certification Plan. X. Definitions. Resolution. Pesticide code violation hearing procedure (1. General: 1.1. Scope of these rules; 1.2. Definitions; 1.3. Powers and duties of the panel; 1.4. Filing, service, in form of hearing documents; 1.5. Computation and extension of time; 1.6. Ex Parte discussion of proceeding; 1.7. Examination of documents filed. 2. Parties and appearances: 2.1. Appearances. 2.2. Consolidation and severance. 3. Prehearing procedures: 3.1. Issuance of the complaint; 3.2. Content and amendment of the complaint; 3.3. Answer to the complaint; 3.4. Motions; 3.5. Default and default order; 3.6. Informal settlement; consent agreement and order; 3.7. Prehearing conference. 4. Hearing procedure: 4.1. Scheduling hearing; 4.2. Evidence; 4.3. Burden of presentation; burden of persuasion; 4.4. Transcript of hearing. 5. Decision of panel: 5.1. Filing and contents; 5.2. Amount of civil penalty. 6. Judicial appeal: 6.1. Appeal to District Court; 6.2. Appeal to appellate court). (58 pgs).
Ch. 25. Resolution. Beekeeping Laws and Regulations
25.01-01. Definitions. 25.01-02. Rulemaking authority. 25.01-03. Emergency orders and rules. 25.01-04. Beekeeper’s license required. 25.01-05. License fees. 25.01-06. Prevention of disease assessment of fees. 25.01-07. Registration of an apiary. 25.01-08. Revocation of location by property owner. 25.01-09. Establishment of commercial locations - two-mile radius restriction - sale of location. 25.01-10. Establishment of pollination locations. 25.01-11. Establishment of property owner locations. 25.01-12. Establishment of noncommercial locations. 25.01-13. Occupation of locations - vacancy allowance. 25.01-14. Identification of hives. 25.01-15. Reservation bee inspector - appointment -- qualifications. 25.01-16. Bee inspector - duties - powers [missing]. 25.01-17. Bees maintained in hives with movable frames [missing]. 25.01-18. Certificate of heath - issuance [missing]. 25.01-19. Infected bees and equipment - sale or exposure [missing]. 25.01-20. Shipment into Reservation - permit - fees [missing]. 25.01-21. Abandoned apiary and abandoned equipment - seizure, destruction, or sale. 25.01-22. Penalties criminal - civil -licence revocation or nonrenewal. 25.01-23. Confiscation and disposal of transported or maintained material. 25.01-24. Service of process on beekeeper [missing]. 25.01-25. Beekeeping considered agricultural enterprise [missing]. Rules of the apiary division (25.02-01. Beekeeper’s license. 25.02-02. Registration of apiaries. 25.02-03. Measurement of two-mile (3.22 km) radius restriction. 25.02-04. Sale or transfer of commercial locations. 25.02-05. Pollination locations. 25.02-06. Crops pollinated. 25.02-07. Identification of hives. 25.02-08. Notification of violation. 25.02-09. Location of apiaries, processing or storage. 25.02-10. Yards registered under Fort Berthold Tribal Code Ch. 25.01). Resolution 94-38-MW. Resolution 94-084-JJR. (14 pgs).
Ch. 26. Tribal Employment Rights Office (TERO) ordinance of the Three Affiliated Tribes of the Fort Berthold Reservation
Ch. 1. Declaration of policy. Ch. 2. Short title. Ch. 3. Authority. Ch. 4. Definition of terms. Ch. 5. Applicability. Ch. 6. Scope of Indian preference (1. Indian preference on the Fort Berthold Indian Reservation. 2. Responsibility for evaluating technical qualifications and reasonable price. 3. Mineral development entity’s submission of a bid abstract 4. Submission of a compliance plan. 5. Operation of the contract and subcontract). Ch. 7. Criteria for Indian preference certification. (1. Ownership. 2. Management and control. 3. Integrity of structure.) Ch. 8. Procedure for Indian preference certification (1. Application for certification. 2. Probationary certification. 3. Final certification. 4. Suspension and revocation of certification. 5. Firms certified previous to the adoption of this TERO ordinance. 6. Annual and other reports). Ch. 9. TERO license. Ch. 10. Compliance plan. Ch. 11. Tribal employment rights fees. Ch. 12. TERO - gambling establishment fee. Ch. 13. Reporting requirements. Ch. 14. On-site (compliance) inspections. Ch. 15. Tribal employment rights office - duties. Ch. 16. TERO commission - duties. Ch. 17. Complaint and hearing procedure. Ch. 18. Retaliation. Ch. 19. Appeal procedure. Ch. 20. Sanctions. Ch. 21. Publication of ordinance. Ch. 22. Union agreements. Ch. 23. Enforcement of orders. Ch. 24. Recognition of freedom of religion. Ch. 25. Harassment. Ch. 26. Indian preference guidelines. Ch. 27. Rules and regulations. Ch. 28. Severability. Ch. 29. Coverage. Ch. 30. Effective date. Resolution 97-113-DSB. Resolution 95-176-DSB. (60 pgs).
Ch. 27. Gaming Code of laws of the Three Affiliated Tribes of the Fort Berthold Reservation.
1. Declaration of policy definitions. 2. Tribal gaming commission. 3. Gaming authorized. 4. Tribal gaming commission authority. 5. Gaming license required. 6. Application for licenses. 7. Issuance of licenses. 8. Gaming license fees. 9. Records and reports. 10. Revenues. 11. Violations. 12. Civil enforcement. 13. Use of gaming revenues. 14. Protection of environmental and public health and safety. 15. Class III gaming compact. 16. Applicable law. 17. Savings provisions. 18. Effective date. 19. Dispute resolution. Amended gaming compact between the Three Affiliated Tribes and the state of North Dakota (I. Recitals. II. Policy and purpose. III. Authorize class III gaming: 3.1. Kinds of gaming authorized; 3.2. Limits of wagers; 3.3. Availability of additional games and bet limits legally conducted by other tribes; 3.4. Limits on conduct of pull-tabs; 3.5. No machine or table limit; 3.6. Technology advancements; 3.7. New games; 3.8. Inflation or deflation. IV. Tribal law: 4.1. Gaming code; 4.2. Incorporation.. V. Tribal regulation of Class III gaming: 5.1. Tribal Council to regulate gaming; 5.2. Tribal gaming commission; 5.3. Regulatory requirements. VI. Compliance: 6.1. Report of suspected violation by parties; 6.2. Response to complaints by third parties; 6.3. Non-complying Class III games; 6.4. Demand for remedies for non-complying games of chance.. VII. Designated usage of funds. VIII. Licensing: 8.1. Tribal license; 8.2. State license. IX. Background investigation: 9.1. Information gathering; 9.2. Authorization of background investigation; 9.3. Background investigation by the Tribe; 9.4. Background investigation by state prior to employment; 9.5. Background investigation of employees during employmen;. 9.6. State processing of tribal requests; 9.7. Investigation fees. X. Prohibitions in hiring employment and contracting: 10.1. Prohibitions; 10.2. Dispensing of alcoholic beverages). XI. Employees: 11.1. Procedural manual; 11.2. Limitation of participation in games by employees. XII. Management agreements: 12.1. Option for Tribe; 12.2. Receipt of information by Tribe; 12.3. Provisions of management agreement; 12.4. Fee; 12.5. Background check. XIII. Accounting and audit procedures: 13.1. Accounting standards; 13.2. Systems; 13.3. Audits. XIV. Tribal record keeping: 14.1. Record maintenance; 14.2. Accounting records and audits concerning Class III gaming by Tribe. XV. Access to records. XVI. Tax reporting matters. XVII. Jurisdiction, enforcement and applicable law: 17.1. Criminal enforcement; 17.2. Civil enforcement. XVIII. Sovereign immunity: 18.1. Tribe; 18.2. State. XIX. Qualifications of providers of Class III gaming equipment or supplies: 19.1. Purchase of equipment and supplies; 19.2. Required information; 19.3. No business dealings with disqualified parties; 19.4. Receipt of gaming equipment. XX. Regulation and play of an electronic game: 20.1. Electronic game - definition; 20.2. Display; 20.3. Testing; 20.4. Tribal reports to the state; 20.5. Hardware requirements; 20.6. Software requirements. XXI. Amendments to regulatory and technical standards for electronic games of chance. XXII. Regulation and play of table games: 22.1. Gaming table bank; 22.2. Drop box; 22.3. Gaming room bank; 22.4. Rules to be posted. XXIII. Minimum internal control standards. XXIV. Inspection: 24.1. Periodic inspection and testing; 24.2. Receipt of reports of non-compliance; 24.3. State inspection of operations; 24.4. Inspection of electronic games of chance; 24.5. Removal and correction. XXV. Escrow account for state expenses: 25.1. Escrow fund; 25.2. Procedure; 25.3. Tribal challenge; 25.4. Termination of escrow. XXVI. IGRA remedies preserved. XXVII. Worker’s compensation and unemployment insurance: 27.1. Unemployment insurance; 27.2. Worker’s compensation. XXVIII. Dispute resolution. XXIX. Cooperation by parties: 29.1. Gambling addiction programs; 29.2. Government-to-Government issues; 29.3. Local jurisdictions. XXX. Consultation. XXXI. Effective date. XXXII. Duration: 32.1. Term; 32.2. Initial renewal; 32.3. Automatic extension; 32.4. Operation; 32.5. Successor compact; 32.6. Interim operation; 32.7. Cessation of Class III gaming; 32.8. Pari-mutuel horse racing addendum. XXXIII. Geographic scope of compact. XXXIV. Amendment. XXXV. Notices. XXXVI. Entire agreement. XXXVII. No assignment. XXXVIII. Severability). (58 pgs).
Ch. 28. Highway ordinance
1. Reservation and Tribal highway systems (1.01. Declaration of legislative intent. 1.02. Definitions. 1.03. Tribal highway system - mileage. 1.04. Designation of Tribal highway system. 1.05. Responsibility for Tribal highway system. 1.06. Municipalities to develop master street plan. 1.07. Authority to abandon sections of routes. 1.08. Map of reservation system. 1.09. Location of signs precluding the cultivation of the right-of-way. 1.10. Regulation of advertising signs on highways. 1.11. Enforcement of highway laws - vehicle size and weight controlled. 1.12. Speed research. 1.13. Engineer to designate through highways. 1.14. Erection and maintenance of guardrails [Missing]. 1.15. Grade crossing elimination [Missing]. 1.16. Right-of-way materials may be acquired by purchase or eminent domain [Missing]. 1.17. Road committee may determine damages. 1.18. Damages to be paid into court. 1.19. Receipt to be signed by owner or clerk of court. 1.20. Beneficial title shall vest after 30 days if no appeal taken. 1.21. Appealed after deposit for taking. 1.22. Appeals from decision of road committee - procedure - special term of court. 1.23. Survey - plat - damages from survey. 1.24. Vacating highways by engineer - sale of property. 1.25. Temporary acquisition of rights of way or easement for detours. 1.26. Authority to establish controlled-access facilities. 1.27. Design of controlled-access facility. 1.28. Acquisition of property and property rights. 1.29. New and existing facilities - grade crossing elimination. 1.30. Authority of local units to consent. 1.31. Local service roads. 1.32. Bridges maybe built separately. 1.33. Inspection of bridges. 1.34. Use of right-of-way for utilities subject to regulations by department. 1.35. Right-of-way for utilities - granted by engineer. 1.36. Relocation of utility facilities. 1.37. Relocation of property other than utilities. 1.38. Construction of utility facility -limitation. 1.39. Utility facility - removal. 1.40. Utility facility - right-of-way for relocation. 1.41. Controlled-access facility - commercial establishments prohibited. 1.42. Clearing record title of right-of-way. 1.43. Approach or escape road to be built at all dead end roads or intersections of Tribal highways). 2. Tribal highway department and engineer (2.01. Tribal highway department established - engineer is head of department. 2.02. Travel highway engineer - appointment, term, removal, oath, bond, salary. 2.03. Responsibilities of engineer. 2.04. Cooperation of highway engineer in matters of national defense. 2.05. Engineer may protect roads from damage and negotiate settlement for damages. 2.06. Central management system for all Tribally-owned license motor vehicles. 2.07. Engineered to devote full time to office. 2.08. Office hours, sessions, and hearing of engineer. 2.09. Engineer - qualifications. 2.10. Expenses of department employees. 2.11. Engineering consulting services - coordinator of highway, road, industry program within Reservation. 2.12. Departmental budget estimates - departmental budget. 2.13. Annual report. 2.14. Records of department open to public - certified copies. 2.15. Auditing and payment of payrolls. 2.16. Payment of estimates on contract or deposits in condemnation. 2.17. Action against employee of department on bond. 2.18. Basis of contracts for construction work. 2.19. Contracts - bids. 2.20. Reconstruction work without letting contract. 2.21. Request for bids - how advertised. 2.22. Bids, where opened - requirements - bonds or checks of three (3) lowest bidders retained. 2.23. Contracts on informal bids - how let. 2.24. Separate proposals on each type of work. 2.25. Award of contracts - bonds. 2.26. Participating state, county or municipality to be notified of opening bids. 2.27. Payments made monthly to contractors. 2.28. Claims against project - notice of claim - when filed - where filed. 2.29. Actions against contractor and surety - time. 2.30. Controversies to be arbitrated - arbitrators - how named. 2.31. Condition precedent to contractor demand for arbitration - claims for extra compensation. 2.32. Arbitration demand - Tribal Court may appoint arbitrators if parties fail - arbitration pool. 2.33. Procedure for arbitration [Missing]. 2.34. Arbitration may proceed although one party fails to agree [Missing]. 2.35. Conditions precedent to demand for arbitration against engineer [Missing]. 2.36. Arbitrators shall determine all controversies - may give directions. 2.37. Further arbitration permitted - arbitration must be commenced within six (6) months [Missing]. 2.38. Judgement against engineer - how collected. 2.39. Preparation of standard contract forms. 2.40. Tribal Highway Fund - how expended. 2.41. Highway Department revenues to Tribal Highway Fund). 3. Construction and maintenance of Tribal Highway System (3.01. Preparation and adoption of standard plans and specifications. 3.02. Authority to construct and maintain Tribal highway system. 3.03. Construction program. 3.04. Force accounts in emergencies [Missing]. 3.05. Force account construction in general [Missing]. 3.06. Closing of roads - penalty for passing over road or removing barricade. 3.07. Warning signs of road construction. 3.08. Penalty for failure to erect warning signs. 3.09. Authority to acquire equipment. 3.10. Equipment and materials may be purchased without advertising for bids. 3.11. Authority to acquire building for equipment. 3.12. Sale of obsolescent highway equipment. 3.13. Inspection and testing of materials. 3.14. Testing laboratory. 3.15. Preparation of manuals of methods and procedures. 3.16. Research on highway development. 3.17. Traffic surveys. 3.18. Preparation of road maps - publication of tourist information. 3.19. Highway maintenance radio net. 3.20. Encroachments on Tribal highways). 4. Federal Aid (4.01. Assent to federal aid given. 4.02. Federal aid highways included in Tribal highway system. 4.03. Feeder roads and rural transportation assistance programs - engineer may cooperate with federal government). 5. Temporary roadblocks (5.01. Definition. 5.02. Authority to establish roadblocks. 5.03. Minimum requirements. 5.04. Existing law preserved. 5.05. Penalty). 6. Regulation of junkyards adjacent to highways (6.01. Legislative intent. 6.02. Definitions. 6.03. Establishment of junkyards and automobile graveyards - limitations. 6.04. Effect on existing junkyards - orders of engineer reimbursement. 6.05. Order to remove junkyard. 6.06. Time limitation for removal. 6.07. Compensation for removal. 6.08. Acquisition of lands. 6.09. Engineer to enforce regulations. 6.10. Administrative order retroactive. 6.11. Certain junkyards allowed. 6.12. Penalty). 7. Regulation of outdoor advertising adjacent to highways (7.01. Declaration of policy. 7.02. Definitions. 7.03. Limitations on outdoor advertising within six hundred sixty feet (201.17 meters). 7.04. Limitation of outdoor advertising beyond six hundred sixty feet (201.17 meters). 7.05. Compensation for removal of signs. 7.06. Duties and powers of the engineer. 7.07. Rules and regulations. 7.08. Unlawful advertising. 7.09. Enforcement. 7.10. Appeals to Tribal District Court). 8. Miscellaneous provisions (8.01. Injuries to highways. 8.02. Obstructing highways. 8.03. Garbage deposited on highways. 8.04. Injury to mileboards, guideposts, traffic-control signals, signs, or markings). (84 pgs).
Ch. 29. Tax commission ordinance.
I. General provisions (1.101. Title. 1.102. Administration. 1.103. Definitions. 1.104. Assessment of taxes. 1.105. Liability for taxes. 1.106. Nondiscrimination). II. Organization and rulemaking (1.110. Three Affiliated Tribes Tax Commission. 1.120. Regulations and rulings. 1.130. General rules and procedure). III. Assessment and collection (1.140. Filing and payment requirements. 1.150. Noncompliance Penalties. 1.160. Assessment and refund. 1.170. Collection procedure). IV. Administrative appeal (1.180. Conditions and procedure). V. Miscellaneous provisions (1.190. Tax receipts, effective date). Real Property and Possessory interest tax (1. Declaration of Purpose. 2. Appointment of tax officials. 3. Levy of ad valorem tax on real property. 4. Computation of the value of real property. 5. Levy of tax on possessory interests. 6. Computation of the value of possessory interests. 7. Tax liens, interests, and penalties. 8. Sale of tax delinquent property; redemption. 9. Exemption. 10. Consent to suit. 11. Severability. 12. Effective date). Tribal Tax Code (1. General provisions: 101. Tribal need for governmental revenue; 102. Definitions; 103. Tribal business council to set all taxes and tax rates; 104. Sovereign immunity; 105. Tribal tax account established; 106. Assessment of taxes; 107. Liability for taxes; 108. Property exempt from taxation; 109. Nondiscrimination; 110. Savings clause; 111. Basis for Tribal tax jurisdiction. [Section 112]. 2. The tax commission: 201. Tax commission established; 202. Review revenue resources; 203. Lay and collect taxes; 204. Rules and regulations; 205. Powers of the tax commission; 206. Promulgation of regulations; 207. Tax commission membership; 208. Appointment of tax commissioners; 209. Conduct of its business; 210. Tax commission or its delegate; 211. Office of the director; 212. Tax commission employees and expenses; 213. Recusal of tax commission members; 214. Temporary members and acting executive director of the tax commission; 215. Bonds; 216. Records of the tax commission; 217. Compensation of tax commission members; 218. Temporary and permanent removal from office - replacement; 219. Confidentiality rule; 220. Assessment powers; 221. Examination powers; 222. Notice requirements; 223. Examination and audits; 224. Notice deemed effective; 225. Oaths and affirmations. 3. Assessment, collection and non-compliance penalties: 301. General information authority; 302. Information required by request; 303. Information included in returns; 304. Place and manner of filing and payment; 305. Extension of time for filing and payment; 306. Due dates and time determinations; 307. Rule for liabilities over $100,000; 308. Interest rates and application; 309. Designation of individual; 310. Penalties for failure to file; 311. Penalties for failure to pay; 312. Penalties for attempt to evade or defeat tax; 313. Charges for administrative costs; 314. Failure to comply with Ch.; 315. Interference with administration; 316. Suspension and fraud proceedings. 4. Enforcement: 401. Suit to collect taxes, penalties and interest [Missing]; 402. Injunctions [Missing]; 403. Seizure of property [Missing]; 404. Inventory of seized property; 405. Public sale of forfeited property; 406. Property exempt from tax enforcement proceedings; 407. Enforcement of subpoenas; 408. Liens; 409. Exclusion of non-members from Three Affiliated Tribes lands. 5. Administrative Appeal: 501. Prohibition of suits; 502. Administrative appeal; 503. Procedure for hearing; 504. Time and manner of appeal; 505. Stay of payment of taxes; 506. Appeal to court; 507. Jurisdiction of courts. 6. Miscellaneous provisions: 601. Tax receipts and disbursements; 602. Duties of the controller; 603. Establishment of escrow. 7. The Possessory Interest Tax of the Three Affiliated Tribes of the Fort Berthold Reservation: 701. Statement of purpose; 702. Short title; 703. Definitions; 704. The tax cycle; 705. Imposition and rate of tax; 706. Computation of value of possessory interest; 707. Assessment of tax; 708. Tax declaration and designation of natural person; 709. Reporting requirements; 710. Notice of assessment and payment of taxes due; 711. Extension of time for paying tax; 712. Penalty for late payment; 713. Lien for taxes; 714. Exemptions; 715. Method of claiming exemption; 716. Appeal procedures for protested taxes; 717. Collection powers; 718. No waiver of sovereign immunity; 719. Severability; 720. Use of tax proceeds; 721. Amendment; 722. Effective date; 723. Conflict with other applicable law. 8. Oil and gas gross production tax: 801. Declaration of policy; 802. Applicability of other tribal law; 803. Definitions; 804. Gross production tax; 805. Gross production tax to be in lieu of certain other tribal taxes; 806. Equipment and other property used exclusively in production exempt from tribal ad valorem taxes; 807. Payment of tax in general; 808. Payment of tax on reclaimed oil; 809. Filing of return with payment of tax; 810. Authority of commission to require submission of information; 811. Lien for tax; 812. Reports by persons engaged in transportation or purchase and storage of oil or gas). (107 pgs).
Ch. 30. Election ordinances
I. Applicable provisions excerpted from constitution and bylaws of Three Affiliated Tribes (Article III. Governing body. Article IV. Nominations and elections. Article I. Duties of officers). II. General provisions (1. Intent and construction of ordinance. 2. Publication of notice of election. 3. Residency for voting purposes. 4. Penalty for election fraud or tampering. 5. Severability). III. Eligibility of voters and candidates (1. Criteria for eligibility as voter. 2. Criteria for eligibility of candidate. 3. Filing, publication, and challenge of candidacy). IV. Registration of voters (1. Resident voters. 2. Nonresident voters). V. Tribal Election Board and segment election committees (1. Appointment of Tribal Election Board. 2. Duties of Tribal Election Board. 3. Appointment of segment election committees. 4. Duties of segment election committees). VI. Procedures for voting at segment polling places (1. Voting procedures. 2. Watchers. 3. Challenge of voters. 4. Electioneering or campaigning. 5. Loitering. 6. Alcohol. 7. Polling places. 8. Voting hours). VII. Procedures for resident voting by absentee ballot (1. Resident voters who may use procedure. 2. Time and method for application for receipt of ballot. 3. Delivery of absentee ballot. 4. Procedure for casting absentee ballot. 5. Timely and proper return and receipt of absentee ballot. 6. Maintenance of returned absentee ballots). VIII. Canvassing of ballots (1. Delivery and canvassing of absentee ballots. 2. Delivery and canvassing of segment ballots. 3. Ruling on challenged ballots. 4. Ruling on potentially illegal ballots. 5. Certification of election results. 6. Preservation of election records). IX. Special runoff elections. X. Contest of election (1. Filing with Tribal Election Board. 2. Filing with Fort Berthold Tribal District Court. 3. Filing appeal with Intertribal Court of Appeals). Referendum election of the Three Affiliated Tribes ( I.. Applicable provisions excerpted from Constitution and bylaws of Three Affiliated Tribes: (Article IV; Nominations and elections; Article VIII. Referendum; Article I. Duties of officers. II. General provisions: 1. Definition; 2. Intent and construction; 3. Calling of election; 4. Conduct by mail; 5. Eligibility to register to vote and eligibility to vote; 6. Requisite percentage of cast ballot; 7. Election fraud or tampering; 8. Severability. III. Notice of election: 1. Mailing of notice; 2. Other methods of publication of notice; 3. Contents of notice. IV. Voter registration: 1. Eligibility to vote conditioned on registration to vote; 2. Mailing of voter registration forms; 3. Delivery of substitute voter registration forms; 4. Contents of voter registration form; 5. Establishment of voter registration deadline; 6. Completion and timely return of voter registration forms. V. Tribal Election Board: 1. Appointment of Tribal election board; 2. Duties of Tribal election board. VI. Eligible voters list and maintenance of voter registration forms: 1. Securing returned voter registration forms; 2. Determination of eligibility to vote; 3. Preparation of eligible voters list; 4. Delivery of copy of eligible voters list upon request; 5. Resolution of issues of inclusion on or exclusion from eligible voters list of names of particular persons; 6. Securing returned voter registration forms received after deadline; 7. Maintenance of returned voter registration forms. VII. Mailing of ballots: 1. Time of mailing; 2. Mailing of ballots only to eligible tribal voters; 3. Maintenance of record of dates of mailing of ballots; 4. Contents and preparation of ballot packet for mailing to eligible tribal voters; 5. Delivery of substitute ballot packets. VIII. Casting of ballots: 1. Procedure for casting ballot; 2. Deadline for casting ballots; 3. Timely casting of ballots; 4. Maintenance of cast ballots. IX. Canvassing of ballots: 1. Securing ballot return envelopes and delivery to place of canvassing; 2. Performing preliminary canvassing duties; 3. Ruling on potentially invalid ballots; 4. Tallying of votes set forth on ballots; 5. Ruling on potentially unofficial and/or spoiled ballots; 6. Treatment of mutilated ballots; 7. Determining whether thirty percent requirement satisfied; 8. Canvassing open to public. X. Contest of election: 1. Filing with Tribal Election Board; 2. Filing with Fort Berthold Tribal District Court; 3. Filing appeal with Intertribal Court of Appeals. (64 pgs).
Ch. 31. Repossession procedure.
[Missing or reserved].
Ch. 32. Criminal extradition.
[Missing or reserved].
Ch. 33. Landlord-tenant code Three Affiliated Tribes. Preamble and findings.
1. General provisions (33-1-1. Title. 33-1-2. Jurisdiction. 33-1-3. Applicability. 33-1-4. Purpose and interpretation. 33-1-5. Relation to other laws. 33-1-6. Definitions). 2. Landlord-tenant responsibilities and remedies (33-2-1. Rental agreements. 33-2-2. Rules and regulations. 33-2-3. Landlord responsibilities. 33-2-4. Tenant responsibilities. 33-2-5. Tenant remedies. 33-2-6. Landlord remedies. 33-2-7. Abandoned dwelling units). 3. Grounds for eviction/notice to quit/pre-eviction options (33-3-1. Grounds for eviction. 33-3-2. Notice to quit requirements. 33-3-3. Serving the notice to quit. 33-3-4. Pre-eviction options). 4. Judicial eviction procedures (33-4-1. Summons and complaint. 33-4-2. Action upon filing complaint. 33-4-3. Commencement of proceedings. 33-4-4. Defenses. 33-4-5. Discovery and prehearing proceedings. 33-4-6. Evidence. 33-4-7. Burden of proof. 33-4-8. Judgment. 33-4-9. Form of judgment. 33-4-10. Execution of judgment. 33-4-11. Stay of execution. 33-4-12. Appeals. 33-4-13. Miscellaneous complaints and claims. 33-4-14. Notice to leave the premises. 33-4-15. Forcible eviction. 33-4-16. No self-help eviction. 33-4-17. Security deposits). (22 pgs).
Ch. 34. Three Affiliated Tribes foreclosure and recording statutes
1. General provisions (34-1-1. Application. 34-1-2. Jurisdiction. 34-1-3. Definitions. 34-1-4. Priority). 2. Foreclosure actions (34-2-1. When an action and maybe commenced to foreclose a mortgage on fee property or a leasehold mortgage. 34-2-2. Action to foreclose mortgage on real estate authorized -- no jury trial permitted except to determine deficiency judgment. 34-2-3. Notice before foreclosure. 34-2-4. What notice shall contain. 34-2-5. Notice may be served by registered or certified mail. 34-2-6. When notice not required. 34-2-7. Service of notice on administrator or executor. 34-2-8. Appointment of guardian ad litem for infant defendant -- nonresident. 34-2-9. Notice may be served personally. 34-2-10. Actual receipt of notice always sufficient. 34-2-11. Proof of notice -- how made and filed. 34-2-12. Default may be cured. 34-2-13. Foreclosure action commenced by service of summons and complaint -- contents of the summons and complaint. 34-2-14. Summons -- how served. 34-2-15. Service by publication -- how made. 34-2-16. Summons to be published. 34-2-17. Copy of summons and complaint to be mailed. 34-2-18. Personal service equivalent to publication. 34-2-19. Personal service of summons and complaint may be made in any event. 34-2-20. Service by publication -- when completed. 34-20-21. Personal service of summons - how made. 34-2-22. Unknown defendants - how joined. 34-2-23. When persons holding unrecorded conveyance need not be made parties. 34-2-24. Judgment of foreclosure on mortgages subject to section 184 of the Housing and Community Development Act of 1992 or similar federal or tribal statutes. 34-2-25. Who subject to deficiency judgment. 34-2-26. Foreclosure on fee land; what judgment must contain - deficiency judgments and other suits prohibited in excess of amount by which debt exceeds fair value of mortgage premises - determination of fair value of mortgage real property. 34-2-27. Foreclosure judgment on commercial property - deficiency judgments. 34-2-28. When judgment at law obtained. 34-2-29. Against whom judgment and decreased to be binding. 34-2-30. Appointment of trustee to take possession of commercial buildings foreclosed. 34-2-31. Termination and accounting. 34-2-32. Compensation of trustee and distribution of funds. 34-2-33. Sales made by whom and where - notice. 34-2-34. Sale of property. 34-2-35. Certificate of sale - deed and effect. 34-2-36. Application of proceeds. 34-2-37. When surplus invested. 34-2-38. Complaint dismissed on payment of installments due prior to sale. 34-2-39. Successive judgments and sales. 34-2-40. Sale of whole on first default. 34-2-41. Rebate on undue part. 34-2-42. Referee to view premises. 34-2-43. Tribal foreclosure of mortgages. 34-2-44. Redemption after foreclosure. 34-2-45. Deeds, judgments, decrees, mortgage foreclosures, and other transfers legalized. 34-2-46. Protection of premises during period of redemption. 34-2-47. Court may delay orders in foreclosures. 34-2-48. Enjoining mortgagee from foreclosing mortgage or vendor from taking possession or selling property permissible. 34-2-49. Injury to property restrained -- abandoned real property. 34-2-50. Abandoned personal property - disposal by record title owner. 34-2-51. Notice before foreclosure to state time for redemption. 34-2-52. Certificate of sale to contain recitation of redemption period. 34-2-53. Foreclosure evictions). 3. Tribal Register of Documents (34-3-1. Establishment of office of Tribal Register of Documents. 34-3-2. Appointment of tribal register of documents - duties. 34-3-3. All filed documents opened to public inspection. 34-3-4. Manner of maintaining copies of documents). Resolution 96-115-DSB. (22 pgs).
Title VIII. Ch. 3. Animal control and protection
Subchapter 3-01. General provisions (3-01-01. Definitions. 3-01-02. Restrictions on keeping animals. 3-01-03. Cruelty to animals. 3-01-04. Breaking into the pound; interfering with impoundment. 3-01-05. Penalty for violation of Ch.). Subchapter 3-02. Rabies control (3-02-01. Reports; and isolation or destruction of animals. 3-02-02. Duty of owner to surrendering animal). Subchapter 3-03. Licensing and control of dogs and cats (3-03-01. License required. 3-03-02. License application, fee, and renewal. 3-03-03. Tag issuance. 3-03-04. Running at large prohibited; wastes. 3-03-05. Impoundment. 3-03-06. Public nuisance. 3-03-07. Prohibited dogs). Resolution 97-123-DSB. (13 pgs).Title VIII. Ch. 3. Animal control and protection Subchapter 3-01. General provisions (3-01-01. Definitions. 3-01-02. Restrictions on keeping animals. 3-01-03. Cruelty to animals. 3-01-04. Breaking into the pound; interfering with impoundment. 3-01-05. Penalty for violation of Ch.). Subchapter 3-02. Rabies control (3-02-01. Reports; and isolation or destruction of animals. 3-02-02. Duty of owner to surrendering animal). Subchapter 3-03. Licensing and control of dogs and cats (3-03-01. License required. 3-03-02. License application, fee, and renewal. 3-03-03. Tag issuance. 3-03-04. Running at large prohibited; wastes. 3-03-05. Impoundment. 3-03-06. Public nuisance. 3-03-07. Prohibited dogs). Resolution 97-123-DSB. (13 pgs).
Flood Damage Prevention Ordinance
1.0 (1.1. Authorization. 1.2. Findings of fact. 1.3. Statement of purpose. 1.4. Methods of reducing flood losses). 2.0 Definitions. 3.0. General provisions (3.1. Lands to which this ordinance applies. 3.2. Compliance. 3.3. Greater restrictions. 3.4. Interpretation. 3.5. Warning and disclaimer of liability). 4.0. Administration (4.1. Establishment of development permit. 4.2. Appointment of the Floodplain Administrator. 4.3. Duties of the Floodplain Administrator). 5.0. Provisions for flood hazard reduction (5.1. General standards). Resolution 99-203-DSB. (9 pgs).