Tohono O'odham - Tribal Code

Most Recent Update Received : January 25, 2017

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

Table of Contents

Title 1 - General Provisions

Chapter 1 - Construction: Section 1101 Severability
Chapter 2 - Sovereign Immunity; Legislative Immunity
Chapter 3 - Government Comment Guidelines

Title 2 - Agriculture and Livestock

Chapter 1 - Tohono O'odham Farming Authority
Tohono O'odham Farming Authority Second Restated Plan of Operation, as approved and adopted pursuant to Resolution No. 99-060
Chapter 2 - Rodeo and Fair
Rodeo and Fair Association Ordinance, Ordinance No. 4, as amended
Chapter 3 - [Reserved] - [formerly Brand Recording]
Chapter 4 - Livestock Owners
Chapter 5
- Livestock Buyers
Chapter 6
- [Reserved] - [formerly Control of Livestock: Livestock Board]

Title 3 - Children

Chapters 1-3 - Children's Code
Children's Code of the Tohono O'odham Nation, Resolution No. 13-166
Chapter 1 - Children's Civil
Chapter 2 - Juvenile Justice
Chapter 3 - Effect of Children's Code
Chapter 4 - Juvenile Curfew
Juvenile Curfew Ordinance, Ordinance No. 96-001

Title 4 - Civil Actions

Chapter 1 - Civil Actions
Papago Law and Order Code Chapter 2,"Civil Actions," as amended
Chapter 2 - Removal and Exclusion of Nonmembers
Removal and Exclusion of Non-Members,Ordinance No. 97-02
Chapter 3 - Garnishment Law
Proposed code with notice of public comment dated January 29, 2016.

Title 5 - Commerce

Chapter 1 - Business Transactions
To Regulate the Conduct of Business upon the Papago Reservations,Ordinance No. 14, as amended
Chapter 2 - Photographing Permits
Ordinance No. 34
Chapter 3 - Traders Licensing
Ordinance No. 3

Title 6 - Courts

Chapter 1 - Courts and Procedures
Resolution No.16-022 adopted the “Master Jury List Amendments” adding new Section 1215 (provides for the creation and maintenance of a master jury list) effective January 21, 2016.
Chapter 2 - [Reserved] - [formerly Papago Tribal Courts]
Chapter 3 - Rules of Court
Chapter 4   Suspension of Judges

Title 7 - Crimes

Chapter 1 - Criminal Code
Resolution No. 17-021 amended Criminal Code Chapter 1, Section 3.4 Criminal Trespass (to clarify that a Nation’s member entering a district while banished and after receiving notice of the banishment may be prosecuted for Criminal Trespass) effective January 20, 2017.
Chapter 2 - Extradition
Tohono Oodham Nation Extradition Ordinance, Ordinance No. 03-02

Chapter 3 - Sex Offender Registration and Notification
Chapter 4 - Victims' Rights

Title 8 - Culture

Chapter 1 - Archaeological Resources Protection
Archaeological Resources Protection Ordinance, Ordinance No. 06-84
Chapter 2 - Repatriation

Title 9 - Domestic Relations

Chapter 1 - Domestic Relations
Papago Law and Order Code Chapter 3, Domestic Relations, as amended

Title 10 - Economic Development

Chapter 1 - Economic Development Authority
The "Economic Development Authority of the Tohono Oodham Nation Amended and Restated Charter and Plan of Operation," as adopted by Resolution No. 01-141, as amended and renamed
Chapter 2 - Community Development Financial Institution
Charter for the Community Development Financial Institution of the Tohono Oodham Nation, as adopted by Resolution No. 04-103

Title 11 - Education

Chapter 1 - Tohono O'odham Community College
Charter of the Tohono Oodham Community College, Ordinance No. 98-01
Chapter 2 - School Age Attendance
Ordinance No. 11, as amended
Chapter 3 - Youth Council
Bylaws of the Tohono O'odham Nation Youth Council, as adopted by Resolution No. 06-053

Title 12 - Elections

Chapter 1 - Elections
Amendments enacted by the Nation's voters effective May 23, 2015 by Upholding Integrity in Tribal Leadership: Felony Disqualification Referendum.

Title 13 - Employment

Chapter 1 - Employment Rights
Amended by Resolution No. 14-059 effective March 12, 2014 to clarify the independent roles of the Tribal Employment Rights Commission and director.
Chapter 2 - Prevailing Wages
Adopting a Wage Determination for Construction Projects within the Boundaries of the Tohono O odham Nation, Resolution No. 08-186

Title 14 - Enrollment

Chapter 1 - Enrollment Ordinance
Amended by Resolution No. 16-022, which added new Sections 5 and 6 to Article X to facilitate the creation and maintenance of a master jury list pursuant to Section 1215 of 6 T.O.C. Chapter 1 – Courts and Procedures, effective January 21, 2016.

Title 15 - Environment

Chapter 1 - Solid Waste Management
Tohono Oodham Solid Waste Management Code, as adopted by Resolution No. 97-041, as amended
Chapter 2 - Soil and Water Conservation District
Formation of Soil and Water Conservation District of the Tohono Oodham Nation, Ordinance No. 02-86
Chapter 3 - Interim Pesticide Protocol
Interim Pesticide Control Protocol, as adopted by Resolution No. 02-558
Chapter 4 - Cactus Removal
Ordinance No. 1
Chapter 5 - Rock, Shrub, and Plant Removal
Ordinance No. 31
Chapter 6 - Woodcutting
Ordinance No. 16
Chapter 7 - Emergency Planning and Community Right-to-Know
Ordinance No. 98-02

Title 16 - Gaming

Chapter 1 - Regulation of Gaming Activities
Ordinance for the Regulation of Gaming Activities Within the Tohono O'odham Nation, Ordinance No. 93-01, as amended
Chapter 2 - Gaming Enterprise
Charter of the Tohono Oodham Gaming Enterprise, as adopted by Resolution No. 93-311, as amended and renamed
Chapter 3 - O'odham Voice on the Use of Gaming Revenues
Oodham Voice on Use of Gaming Revenues, Initiative No. IN-01-97

Title 17 - Health and Safety

Chapter 1 - Adult Protection
Tohono Oodham Adult Protection Ordinance, Ordinance No. 03-03, as adopted by Resolution No. 03-389
Chapter 2 - Nursing Care Authority
First Amendment to the Amended and Restated Charter of the Tohono O odham Nursing Care Authority
Chapter 3 - Restaurant Sanitation Regulations
Regulations Governing Sanitation of Eating and Drinking Establishments,Ordinance No. 38
Chapter 4 - Fireworks
Papago Fireworks Safety Ordinance,Ordinance No. 07-82
Chapter 5 - Boxing and Unarmed Combat
Article 1 - Boxing and Unarmed Combat
Article 2 - Boxing Regulations
Article 3 - Unarmed Combat Regulations
Chapter 6 - Involuntary Commitment [Reserved]
Chapter 7 - Animal Control
Chapter 8 - Research Code
Chapter 8-DRAFT - Notice of Public Comment Period for Proposed Tow Truck Regulations and Requirements Law [December 31, 2014].

Title 18 - Housing and Construction

Chapter 1 - Tohono O'odham Ki:ki Association
Establishment of Tohono Oodham Ki:ki Association, Ordinance No. 98-03, as amended
Chapter 2 - Vi-ikam Doag Industries
Charter of the Vi-ikam Doag Industries, Inc., Ordinance No. 1-84, as amended
Chapter 3 - Building Codes
Building Codes, as adopted by Resolution No. 13-168
Chapter 4 - Housing Code
Amended by Resolution No. 15-212 (adopting May 2015 amendments) effective June 3, 2015, provided that the amendment deleting Article 6 is applicable only in a district adopting a resolution making that amendment applicable within its boundaries.
Chapter 5 - Residential Land Leases for Leasehold Mortgages
Resolution No. 15-211, effective June 3, 2015.

Title 19 - Land

Chapter 1 - Agricultural and Range Trespass
Tohono Oodham Agricultural and Range Resource Management Trespass Ordinance, Ordinance No. 03-01
Chapter 2 - Nonmember Land Leases
To Regulate the Use and Occupancy of Tribal Lands by Non-members of the Papago Tribe, Ordinance No. 15, as amended
Chapter 3 - Distribution of Lease Proceeds
Article 1 - General Lease Proceeds
Ordinance For the Distribution of Lease Proceeds, Ordinance No. 02-83
Article 2 - Mining Lease Proceeds
Ordinance For the Distribution of Mining Proceeds,Ordinance No. 13-82, as amended
Chapter 4 -Recreation Permits
Article 1 - Nonmember Hunting Permits (Suspended)

Ordinance No. 32 suspended by Resolution No. 15-148, Suspending 19 Tohono O'odham Code Chapter 4, Article 1 - Nonmember Hunting Permits and Establishing Moratorium on Hunting by Nonmembers, effective May 15, 2015. Resolution No. 15-148 will sunset May 17, 2017.

Public Notice: Nonmember Hunting Illegal. [May 21, 2015]

Article 2 - Camping and Picnicking Permits
Ordinance No. 33
Chapter 5 - Escheat
Escheat Ordinance, Ordinance No. 04-83, as amended
Chapter 6 - Nation’s Consent to Commercial Leases and Home Sites Allotments
Enacted by Resolution No. 16-130 effective April 8, 2016

Title 20 - Legal

Chapter 1 - Office of the Attorney General
Amended by Resolution No. 15-492 (increasing from three to ten years the minimum years of experience in the practice of law required for the position of attorney general), effective December 16, 2015.
Chapter 2 - Office of Independent Counsel
Ordinance Defining the Powers, Duties, and Authority of the Office of Independent Counsel, Ordinance No. 03-89

Title 21 - Liquor

Chapter 1 - Alcoholic Beverages Licensing and Control
Alcoholic Beverages Licensing and Control Ordinance, Ordinance No. 05-82 amended by Resolution No. 15-015
Chapter 2 - Alcoholic Beverages Regulations
Amended regulations adopted pursuant to Article IV, Section 2(K) of Ordinance 05-82 by Resolution No. 04-514

Title 22 - Taxation

Chapter 1 - Tobacco Tax
Tobacco Tax Ordinance,Ordinance No. 95-149, as amended
Chapter 2 - Transaction Privilege Tax
Transaction Privilege Tax, Ordinance No. 03-81, as amended

Chapter 3 - General Welfare

Chapter 4 - Tax Administration and Enforcement

Chapter 5 - Hotel Occupancy Tax; Food and Beverage Tax

Title 23 - Traffic Code

Chapter 1 - Traffic
Part 1
Part 2
Part 3
Resolution No. 842, as amended
Chapter 2 - Driving under the Influence
Persons Driving Under the Influence of Intoxicating Liquor or Drugs, Ordinance No. 51
Chapter 3 - Speeding
Enacted by Resolution No. 15-066. Effective June 9, 2015.
Chapter 4 - Seatbelts and Child Restraints
Seatbelt and Child Restraint Laws as Sections of the Traffic Code of the Tohono Oodham Nation, as adopted by Resolution No. 05-438

Title 24 - Utilities and Communications

Chapter 1 - Tohono O'odham Utility Authority
Second Restated Plan of Operation for the Tohono Oodham Utility Authority, as adopted by Resolution No. 91-175
Chapter 2 - Cable Communications
Cable Communications Ordinance, Ordinance No. 04-84

Title 25 - Water

Chapter 1 - Water Trust
Creating Papago P. L. 97-293 Trust, Ordinance No. 03-83
Chapter 2 - District Water Advisory Committee
Adopting Bylaws of District Water Advisory Committee, as adopted by Resolution No. 02-492
Chapter 3 - Tohono O'odham Nation Water Code
Chapter 4 - Implementation Provisions Regarding SAWRSA
Chapter 5 - Water Quality: Establishing Powers in the Tohono O odham Nation to Restrain Water Pollution, Resolution No. 01-244

Title 26 - Finance

Chapter 1 - Finance Code
Article 1 - [Reserved]
Article 2 - [Reserved]
Article 3 - Gaming Revenue Distribution Formula and District Allocation Guidelines
Article 4 - Contracting and Procurement Authority
Article 5 - Fraud Policy
Article 6 - Signatures and Bank Accounts
Chapter 2 - Grants
Amended by Resolution No. 16-149 (to require a department provide written notice of a grant fund application to the Appropriations Committee when providing notice to oversight committees) effective April 20, 2016

Title 27 - Districts

Chapter 1 - Creation of the Hia-Ced District of the Tohono O'odham Nation
The Hia-Ced District was dissolved in its entirety by the Nation's voters effective April 25, 2015 by Initiative INT-01-14, "Dissolution of the Hia Ced District."
Chapter 2 - San Lucy District Boundary Ordinance