Adopted by the Burns Paiute Tribal Council on August 25, 2009 through Resolution No. 2009-24

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TITLE 3

OFFENSES,

INFRACTIONS, AND

MOTOR VEHICLES

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TITLE 3 OFFENSES, INFRACTIONS, AND MOTOR VEHICLES

TABLE OF CONTENTS

CHAPTER 3.1 CRIMINAL OFFENSES

Offenses Against the Person

3.1.1 Kidnapping and Custodial Interference

3.1.2 Menacing

3.1.3 Assault

3.1.4 Criminal Homicide

3.1.5 Sex Abuse

3.1.6 Rape

3.1.7 Harassment

Offenses Against Property

3.1.20 Burglary

3.1.21 Criminal Mischief

3.1.22 Embezzlement

3.1.23 Theft by Extortion

3.1.24 Forgery or Counterfeiting

3.1.25 Fraud; Fraudulent Credit Card Use

3.1.26 Theft by Receiving

3.1.27 Robbery

3.1.28 Theft

3.1.29 Theft of Services

3.1.30 Criminal Trespass

3.1.31 Unauthorized Use of Vehicle

3.1.32 Negotiating a Bad Check

Offenses Against the Family

3.1.40 Abuse of Vulnerable Adult

3.1.42 Bigamy

3.1.43 Contributing to the Delinquency of a Child

3.1.44 Criminal Non-Support

3.1.45 Furnishing Alcohol to a Person Under Twenty-One

3.1.46 Endangering the Welfare of a Child

3.1.47 Incest

3.1.48 Child Abandonment

3.1.49 Child Neglect

3.1.50 Failure to Send Child to School

Offenses Against the Administration of Government

3.1.60 Bribery

3.1.61 Conspiracy to Commit Offense

3.1.62 Doing Business without a License

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3.1.63 Escape

3.1.64 False Alarm

3.1.65 Initiating a False Report

3.1.66 Criminal Impersonation of a Peace Officer

3.1.67 Misuse of Public Funds

3.1.68 Obstructing Governmental or Judicial Administration

3.1.69 Hindering Prosecution

3.1.70 Perjury

3.1.70 Refusing to Assist a Peace Officer

3.1.71 Resisting Arrest or Process

3.1.72 Tampering with Evidence

3.1.73 Tampering with a Witness or Juror

Public Morals, Order and Welfare Crimes

3.1.90 Animal Abuse

3.1.91 Disorderly Conduct

3.1.92 Drug Abuse

Definitions

(1)

"Administer"

(2)

"Controlled substance"

(3)

"Delivery”

(4)

"Drug"

(5)

"Manufacture"

(6)

"Marijuana"

(7)

"Narcotic drug"

(8)

"Production"

3.1.93 Controlled Substance – Definition

3.1.94 Drug Paraphernalia: Definitions

3.1.95 Prohibited Acts (Manufacture, Cultivate, Deliver): Penalties

3.1.96 Prohibited Acts (Possession): Penalties

3.1.97 Prohibited Acts (Drug Paraphernalia): Penalties

3.1.98 Defenses

3.1.99 Indecent Exposure

3.1.100 Public Intoxication

3.1.102 Use or Possession of Alcoholic Beverages Prohibited

3.1.103 Prostitution

3.1.104 Public Nuisance

3.1.105 Maintain Public Hazard

3.1.106 Riot

3.1.107 Spreading Venereal Disease

3.1.108 False Swearing

3.1.109 Unlawful Discharge of Display of Fireworks

3.1.110 Carrying or Displaying a Weapon

3.1.111 Carrying of Concealed Weapon

3.1.112 Weapons, Firing

3.1.113 Unlawful Photography

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3.1.114 Minor in Possession by Consumption of Alcohol

3.1.115 Unlawful Burning

Other Offenses

3.1.140 Aiding or Abetting

Penalties

3.1.200 Class A Offense

3.1.201 Class B Offense

3.1.202 Class C Offense

3.1.203 Probation

3.1.204 Disposition of Fines

Property Seized as Evidence

3.1.250 Property Seized as Evidence

Contempt Proceedings

3.1.260 Definitions

“Confinement”

“Contempt of Court”

“Punitive Sanction”

“Remedial Sanction”

3.1.265 Nature of Contempt Power

3.1.266 Right to Appointed Counsel

3.1.267 Types of Sanctions

3.1.270 Procedure for Imposition of Remedial Sanctions

3.1.271 Procedure for Imposition of Punitive Sanctions

3.1.272 Compelling Attendance of Defendant

3.1.273 Compelling Testimony of Witnesses

3.1.274 Summary Imposition of Sanction

3.1.275 Sanctions Authorized

3.1.276 Limitations of Actions

APPENDIX A: Drug Classifications

APPENDIX B: Precursor Substances

CHAPTER 3.2 CIVIL INFRACTIONS

General Provisions

3.2.1 Definitions

3.2.2 Duties and Authority of Officers; Warrant not Required

Offenses

3.2.3 Trespass

3.2.4 Vandalism

Public Order

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3.2.5 False Reporting

3.2.6 Use or Possession of Alcoholic Beverages

3.2.7 Harassment

3.2.8 Cruelty to Animals

3.2.9 Public Nuisance

3.2.10 Failure to Have Sewer Connection

3.2.11 Littering

3.2.12 Violation of Tribal Law

Administration of Government

3.2.13 Interference with Judicial Process

Penalties

3.2.14 Civil Penalties

Citations; Issuance\Response

3.2.40 Determination of Identification

3.2.41 Notice of Infraction

3.2.42 Failure to Sign Notice

3.2.43 Response to Notice

Hearings\Remedies

3.2.44 Hearings; Rules of Practice

3.2.45 Liquidated Damages

3.2.46 Liquidated Damage Presumption

3.2.47 Default Judgment

3.2.48 Disposition of Fees, Penalties, and Damages

3.2.49 Res Judicata / Collateral Estoppel

Other Civil Violations

3.2.120 Civil Action

3.2.121 Civil Penalty

CHAPTER 3.3 MOTOR VEHICLES

State Motor Vehicle Laws Incorporated

3.3.1 Provisions Incorporated

3.3.2 Amendments

3.3.3 Motor Vehicle Offenses

3.3.4 Definitions

3.3.5 Inapplicable Provisions

3.3.6 Maximum Speed Limit

3.3.7 Procedural Provisions

Implied Consent

[RESERVED FOR EXPANSION]

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3.3.18 Occupational Driver's Permit--Petition--Eligibility--Restrictions-Cancellation

3.3.19 Notice to Tribal Police Department

Traffic Infractions

3.3.20 Infraction - What Constitutes

3.3.21 Monetary Deterrent Schedule

TRAFFIC FEE SCHEDULE

CHAPTER 3.4 CENTRAL RECORDS DEPOSITORY

Criminal records kept by tribal court clerk’s office

CHAPTER 3.5 FIREWORKS

[RESERVED FOR EXPANSION]

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CHAPTER 3.1

CRIMINAL OFFENSES

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CHAPTER 3.1 CRIMINAL OFFENSES

OFFENSES AGAINST THE PERSON

3.1.1 Kidnapping and Custodial Interference

A person commits the crime of Custodial Interference if the person willfully takes away

or detains another person against his will so as to interfere substantially with his liberty,

or knowingly and without the consent of the lawful custodian shall take away, entice, or

detain a child from the custody of his lawful custodian when he lacks lawful permission

or authority to do so, shall be guilty of Custodial Interference. Custodial Interference is a

Class A Offense.

A person commits the crime of kidnapping if the person takes the person from one place

to another; or secretly confines the person in a place where the person is not likely to be

found with any of the following purposes:

(a) To compel any person to pay or deliver money or property as ransom; or

(b) To hold the victim as a shield or hostage; or

(d) To terrorize the victim or another person.

Kidnapping is a Class A offense.

3.1.2 Menacing

A person commits the crime of menacing if by word or conduct the person intentionally

attempts to place another person in fear of imminent serious physical injury. Menacing

is a Class A offense.

3.1.3 Assault

(a) A person commits the crime of assault in the third degree if the person:

(1) Intentionally, knowingly, or recklessly causes physical injury to another; or

(2) With criminal negligence causes physical injury to another by means of a deadly

weapon.

Assault in the Third Degree is a Class C offense.

(b) Notwithstanding Sub-section (3) of this section, Assault in the Third Degree is a

Class A offense if the person commits the crime of Assault in the Third Degree and:

(1) The person has previously been convicted of assaulting the same victim;

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(2) The person has previously been convicted at least three (3) times under this section

or under equivalent laws of another jurisdiction and all of the assaults involved domestic

violence as defined herein below; or

(3) The assault is committed in the immediate presence of or is witnessed by the

person’s or the victim’s minor child or step-child or minor child residing within the

household of the person or victim;

(4)

For the purposes of Sub-section (b) of this section;

(A)

Domestic violence means abuse between family and/or household

members and includes any of the following: (1) Spouses; (2) Former

Spouses; (3) Adult persons related by blood or marriage; (4) Persons cohabiting with each other; (5) Persons who have co-habited with each other

or who have been involved in a sexually intimate relationship; (6)

Unmarried parents of a minor child.

(B)

The assault is witnessed if the assault is seen or directly perceived in any

other manner by the child.

Domestic Assault in the Third Degree is a Class A offense.

negligence causes physical injury to another by means of a deadly weapon. Assault in

the third degree is a Class C offense.

(d) A person commits the crime of assault in the second degree if the person:

(1) Recklessly causes serious physical injury to another under circumstances

manifesting extreme indifference to the value of human life;

(2) Recklessly causes physical injury to another by means of a deadly or dangerous

weapon under circumstances manifesting extreme indifference to the value of human

life;

(3) While being aided by another person actually present, intentionally or knowingly

causes physical injury to another;

(4) Intentionally, knowingly, or recklessly causes physical injury to an emergency

medical technician or paramedic while the technician or paramedic is performing official

duties;

(5) Being at least 18 years of age, intentionally or knowingly causes physical injury to a

child 10 years of age or younger;

(6) Knowing the other person is a staff member, intentionally or knowingly propels any

dangerous substance at the staff member while the staff member is acting in the course

of official duty or as a result of the staff member’s official duties;

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(7)

As used in this section:

(A)

"Dangerous substance" includes, but is not limited to, blood, urine, saliva,

semen and feces.

(B)

“Staff member" includes but is not limited to (1) A volunteer by the

department, youth authority or other entity in charge of a facility to work with, or

in the vicinity of, inmates or youth offenders.

Assault in the second degree is a Class B offense.

(e) A person commits the crime of assault in the first degree if the person:

(1) Intentionally or knowingly causes serious physical injury to another; or

(2) Intentionally or knowingly causes physical injury to another by means of a deadly or

dangerous weapon; or

(3) Recklessly causes serious physical injury to another by means of a deadly or

dangerous weapon under circumstances manifesting extreme indifference to the value

of human life.

Assault in the first degree is a Class A offense.

3.1.4 Criminal Homicide

A person commits criminal homicide if, without justification or excuse, the person

intentionally, knowingly, recklessly, or with criminal negligence causes the death of

another human being. Criminal Homicide is a Class A offense.

3.1.5 Sex Abuse

A person commits the crime of sex abuse if the person subjects another person to

sexual contact and the victim does not consent to the sexual contact; or the victim is

incapable of consent by reason of being under 18 years of age. Sex abuse is a Class A

offense.

3.1.6 Rape (These were taken from the Oregon Revised Statutes)

(a) A person commits the crime of rape in the third degree if the person has sexual

intercourse with another person less than 16 years of age. Rape in the third degree is a

Class C offense.

(b) A person who has sexual intercourse with another person commits the crime of rape

in the second degree if the other person is under 14 years of age. Rape in the second

degree is a Class B offense.

in the first degree if:

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(1) The victim is subjected to forcible compulsion by the person;

(2) The victim is under 12 years of age;

(3) The victim is under 16 years of age and is the person's sibling, of the whole or half

blood, the person's child or the person's spouse's child; or

(4) The victim is incapable of consent by reason of mental defect, mental incapacitation

or physical helplessness.

Rape in the first degree is a Class A offense.

3.1.7 Harassment

Any person who engages in a course of conduct that alarms or seriously annoys

another person and which serves no legitimate purpose is guilty of harassment.

Harassment is a Class C offense.

OFFENSES AGAINST PROPERTY

3.1.20 Burglary

A person commits the crime of burglary in the first if the person enters or remains

unlawfully in a residence with intent to commit a crime therein. Burglary in the first is a

Class A offense.

A person commits the crime of burglary in the second if the person enters or remains

unlawfully in a building with intent to commit a crime therein. Burglary in the second is a

Class B offense.

3.1.21 Criminal Mischief

A person commits the crime of criminal mischief in the third degree if, with intent to

cause substantial inconvenience to the owner or to another person, and having no right

to do so nor reasonable ground to believe that the person has such right, the person

tampers or interferes with property of another. Criminal mischief in the third degree is a

Class C offense.

Any person who shall willfully remove, alter, or destroy any boundary marker or other

landmark erected by the Tribe or the United States within the Reservation, shall be

guilty of Criminal Mischief in the second Degree. Criminal mischief in the second degree

is a Class B offense.

Any person who shall willfully deface, damage, pollute or otherwise physically mistreat

any public monument, personal property, building structure or place of worship or burial,

or who for exhibition or display shall place or cause to be placed any mark, work, or

design upon, or shall publicly mutilate, deface or defile, or use in connection with any

advertisement of any nature, any official flag of the United States, the State of Oregon,

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or the Burns Paiute Tribe, shall be guilty of Criminal mischief in the first degree. Criminal

mischief in the first degree is a Class A offense.

3.1.22 Embezzlement

Any person who shall, having lawful custody of property not his own, appropriate the

same to his own use with intent to deprive the owner thereof, shall be guilty of

Embezzlement. Embezzlement is a Class B offense.

3.1.23 Theft by Extortion

A person commits theft by extortion when the person compels or induces another to

deliver property to the person or to a third person by instilling in the other a fear that, if

the property is not so delivered, the person or a third person will in the future:

(a) Cause physical injury to some person; or

(b) Cause damage to property; or

(d) Accuse some person of a crime or cause criminal charges to be instituted against

the person; or

(e) Expose a secret or publicize an asserted fact, whether true or false, tending to

subject some person to hatred, contempt or ridicule; or

(f) Cause or continue a strike, boycott or other collective action injurious to some

person's business; except that such conduct shall not be considered extortion when the

property is demanded or received for the benefit of the group in whose interest the

person purports to act; or

(g) Testify or provide information or withhold testimony or information with respect to

another's legal claim or defense; or

(h) Use or abuse the position as a public servant by performing some act within or

related to official duties, or by failing or refusing to perform an official duty, in such

manner as to affect some person adversely; or

(i) Inflict any other harm that would not benefit the person.

Theft by extortion is a Class A offense.

3.1.24 Forgery or Counterfeiting

Any person who shall, with intent to defraud, falsely sign, execute, alter or counterfeit

any written instrument or currency, shall be guilty of Forgery or Counterfeiting. Forgery

and Counterfeiting are Class B offenses.

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3.1.25 Fraud; Fraudulent Credit Card Use

(a) Any person who shall, by willful misrepresentation or deceit or by false interpreting

or by the use of false weights or measure, obtain any money or other property shall be

guilty of Fraud. Fraud is a Class B offense.

(b) Any person who has closed his account with the bank or depository, prior to the

issuance or delivery of check or order shall be guilty of Fraud. Fraud is a Class A

offense.

of defraud, the person uses a credit card for the purpose of obtaining property or

services with knowledge that:

(1) The card is stolen or forged; or

(2) The card has been revoked or canceled; or

(3) For any other reason the use of the card is unauthorized by either the issuer or the

person to whom the credit card is issued.

The value of single credit card transactions may be added together if the transactions

were committed: against multiple victims within a 30-day period; or against the same

victim within a 180-day period. Credit card means a card, booklet, credit card number or

other identifying symbol or instrument evidencing an undertaking to pay for property or

services delivered or rendered to or upon the order of a designated person or bearer.

Fraudulent Use of a Credit Card is a Class C offense if the aggregate total amount of

property or services the person obtains or attempts to obtain is valued at less than

$750.00. Fraudulent Use of a Credit Card is a Class A offense if the aggregate total

amount of property or services the person obtains or attempts to obtain is valued at

more than $750.00.

3.1.26 Theft by Receiving

A person commits theft by receiving if the person receives, retains, conceals or

disposes of property of another knowing or having good reason to know that the

property was the subject of theft. "Receiving" means acquiring possession, control or

title, or lending on the security of the property. Theft by Receiving is a Class B offense.

3.1.27 Robbery

A person commits the crime of robbery if in the course of committing or attempting to

commit theft the person uses or threatens the immediate use of physical force upon

another person with the intent of:

(a) Preventing or overcoming resistance to the taking of the property or to retention

thereof immediately after the taking; or

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(b) Compelling the owner of such property or another person to deliver the property or

to engage in other conduct which might aid in the commission of the theft.

Robbery is a Class A offense.

3.1.28 Theft

Any person who shall take the property of another person with intent to steal shall be

guilty of Theft. Theft is a Class B offense.

3.1.29 Theft of Services

Any person who shall obtain services which he knows are available only for

compensation, by deception, threat, force or any other means designed to avoid due

payment there for, shall be guilty of Theft of Services. Theft of Services is a Class B

offense.

3.1.30 Criminal Trespass

(a) A person commits the crime of criminal trespass in the second degree if the person

enters or remains unlawfully in or upon premises. Criminal trespass in the second

degree is a Class C offense.

(b) A person commits the crime of criminal trespass in the first degree if the person:

(1) Enters or remains unlawfully in a residence;

(2) Having been denied future entry to a building pursuant to a merchant's notice of

trespass, reenters the building during hours when the building is open to the public; or

(3) Enters or remains unlawfully in or upon premises where activity involving the

unauthorized manufacture of a controlled substance or any precursor chemical for such

substances occur; or wherein are kept, stored or located any of the devices, equipment,

things or substances used for the unauthorized manufacture of a controlled substance.

Premises mean any real property, improvements on real property, boat, trailer, motor

vehicle, of manufactured dwelling.

Criminal trespass in the first degree is a Class A offense

who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

Criminal trespass while in possession of a firearm is a Class A offense.

3.1.31 Unauthorized Use of Vehicle

Any person who shall operate another's automobile, airplane, motorcycle, motor boat or

other motor propelled vehicle without the consent of the owner shall be guilty of

Unauthorized Use of Vehicle. Unauthorized Use of Vehicle is a Class B offense.

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3.1.32 Negotiating a Bad Check

Any person who shall, with the intent to defraud, issue, or pass a check, draft or order

for payment of money upon any bank or other depository for the purpose of obtaining

money, property or any other thing of value, or paying for services, knowing at the time

of such issuance or delivery that: 1) he has insufficient funds in or credit with the bank

or depository for payment in full; or 2) he issues a stop-payment order directing the

bank or depository on which the check is drawn not to honor said check and who fails to

make payment of money in the amount of the check or draft or otherwise arrange a

settlement agreed upon by the holder of the check within 30 days of issuing said check

or draft, shall be guilty of Unlawful Issuance of a Bank Check.

The word "credit" as used herein shall be construed to mean an arrangement or

understanding with the bank or depository for the payment of such check or draft; and

the issuing or delivery of such a check or draft to another person without such fund or

credit to meet the same shall be prima facie evidence of an intent to defraud. Unlawful

Issuance of Bank Check is a Class C offense.

OFFENSES AGAINST THE FAMILY

3.1.40 Abuse of Vulnerable Adult

(a) It shall be unlawful for any person:

(1) To willfully inflict physical or mental pain or injury on an elder or vulnerable adult or

threaten to do the same;

(2) To willfully misuse the funds, property or resources of an elder or vulnerable adult for

profit or advantage; or

(3) Who is responsible for the care of an elder or vulnerable adult, to willfully fail to

provide food, clothing, shelter, medical care or other services reasonably necessary to

sustain the life and health of an elder or vulnerable adult.

(b) A Tribal Police Officer shall arrest any person whom he has probable cause to

believe has violated this Section by inflicting physical pain or injury on an elder or

vulnerable adult or threatened to do the same.

Court may grant any other civil or equitable remedy.

Abuse of Vulnerable Adults is a Class A offense.

3.1.42 Bigamy

A person commits the crime of bigamy if the person knowingly marries or purports to

marry another person at a time when either is lawfully married. Bigamy is a Class B

offense.

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3.1.43 Contributing to the Delinquency of a Child

Any person who shall, by act or omission, encourage, cause or contribute to the

delinquency of a child who is 17 years of age and under shall be guilty of Contributing to

the Delinquency of a Child. Contributing to the Delinquency of a Child is a Class B

offense.

3.1.44 Criminal Non-Support

Any person who shall, without just cause, fail to provide for the support of his spouse,

child or other dependent, shall be guilty of Criminal Non-Support. Criminal Non-Support

is a Class B offense.

3.1.45 Furnishing Alcohol to a Person Under Twenty-One

Any person who shall sell, barter or give any alcoholic beverage to any person under

the age of twenty-one years shall be guilty of Distributing Alcohol to a Person Under

Twenty-one. Distributing Alcohol to a Person Under Twenty-one is a Class A offense.

3.1.46 Endangering the Welfare of a Child

A person commits the crime of endangering the welfare of a child if the person

knowingly:

(a) Induces, causes or permits an unmarried person under 18 years of age to witness

an act of sexual conduct or sadomasochistic abuse; or

(b) Distributes, sells, or causes to be sold, tobacco in any form to a person under 18

years of age; or

cocaine or any controlled substance, is burned and the principal design and use of

which is directly or indirectly to deliver tobacco smoke, marijuana smoke, cocaine

smoke or smoke from any controlled substance into the human body including but not

limited to:

(1) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air

driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without

screens, permanent screens, hashish heads or punctured metal bowls;

(2) Carburetion tubes and devices, including carburetion masks;

(3) Bongs;

(4) Chillums;

(5) Ice pipes or chillers;

(6) Cigarette rolling papers and rolling machines; and

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(7) Cocaine free basing kits.

Endangering the welfare of a child is a Class A offense.

3.1.47 Incest

A person commits the crime of incest if the person marries or engages in sexual

intercourse or deviate sexual intercourse with a person whom the person knows to be

related to the person, either legitimately or illegitimately, as an ancestor, descendant or

brother or sister of either the whole or half blood. Incest is a Class A offense.

3.1.48 Child Abandonment

A person commits the crime of abandonment of a child if, being a parent, lawful

guardian, or other person lawfully charged with the care or custody of a child under 15

years of age, the person deserts the child in any place with intent to abandon it. Child

Abandonment is a Class A offense. For the purposes of this section abandonment is

defined as: The leaving of a child by a parent without communication or failure to

support a child and there is no indication of the parent's willingness to assume his/or

her parental role(s) for a period exceeding one (1) month.

3.1.49 Child Neglect

(a) A person having custody or control a child under 10 years of age commits the crime

of child neglect in the second degree, if, with criminal negligence, the person leaves the

child unattended in or at any place for such period of time as may be likely to endanger

the health or welfare of such child. Child Neglect in the Second Degree is a Class B

offense.

(b) A person having custody or control of a child under 16 years of age commits the

crime of child neglect in the first degree, if, with criminal negligence, the person

knowingly leaves the child or allows the child to stay (1) in a vehicle where controlled

substances are being criminally delivered or manufactured; or (2) on premises and in

the immediate proximity where controlled substances are criminally delivered or

manufactured. Child Neglect in the First Degree is a Class A offense.

3.1.50 Failure to Send Child to School

A person having custody or control of a minor child who neglects or refuses to send

child to school is guilty of Failure to Send Child to School. Failure to Send Child to

School is a Class C offense.

OFFENSES AGAINST THE ADMINISTRATION OF GOVERNMENT

3.1.60 Bribery

Any person who shall promise, offer or give or cause to be promised, offered or given,

any money, property, services or other thing of value to any officer, employee or

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representative of any Tribal organization, with intent to influence his decision or action

on any matter, which may be brought or is pending before him in his official capacity,

and any person who, being such officer, employee or representative or person so

acting, shall solicit or accept any such bribe, shall be guilty of Bribery. Bribery is a Class

B offense.

3.1.61 Conspiracy to Commit Offense

Any two or more persons who shall conspire to commit an offense prohibited in this

Code against the Tribe or any human being, one or more of who shall do an act to affect

the object of the conspiracy, shall each be guilty of Conspiracy to Commit an Offense.

Conspiracy to Commit an Offense shall be of the same class as the offense the persons

conspired to commit.

3.1.62 Doing Business without a License

Any person who shall, without a valid license from the Council, commence or carry on

any business, trade, profession or calling on the Reservation, the transaction or carrying

on of which is required by this Code to be licensed, shall be guilty of Doing Business

Without a License. Doing Business without a License is a Class C offense.

3.1.63 Escape

Any person who shall, being in lawful custody for any offense, escape or attempt to

escape, or fail to return to official detention following temporary leave granted for a

specific purpose for a limited period (excluding probation, parole, or release on bail) or

who shall permit or assist or attempt to permit and assist another person to escape,

shall be guilty of Escape. Escape is a Class A offense.

3.1.64 False Alarm

Any person who shall knowingly cause a false fire alarm or alarm of other emergency to

be transmitted to or within any organization, official or volunteer for dealing with

emergencies involving danger to life or property, shall be guilty of False Alarm. False

Alarm is a Class B offense.

3.1.65 Initiating a False Report

A person commits the crime of initiating a false report if the person knowingly initiates a

false alarm or report which is transmitted to a fire department, law enforcement agency

or other organization that deals with emergencies involving danger to life or property.

Initiating a false report is a Class B offense.

3.1.66 Criminal Impersonation of a Peace Officer

A person commits the crime of criminal impersonation of a peace officer if the person

uses false law enforcement identification in the commission of an offense. Criminal

impersonation of a peace officer is a Class B offense. As used in this section, "false law

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enforcement identification" means a badge or an identification card that (a) Identifies the

possessor of the badge or card as a member of a law enforcement unit; and (b) Was

not lawfully issued to the possessor by the law enforcement unit.

3.1.67 Misuse of Public Funds

Any person who shall, being a public servant or other person charged with receipt,

safekeeping, transfer or disbursement of public funds, without lawful authority,

appropriate funds to his own use or the use of another, or who shall otherwise handle

public funds in a manner not authorized by law, shall be guilty of Misuse of Public

Funds. Misuse of Public Funds is a Class A offense.

3.1.68 Obstructing Governmental or Judicial Administration

A person commits the crime of obstructing governmental or judicial administration if the

person intentionally obstructs, impairs or hinders the administration of law or other

governmental or judicial function by means of intimidation, force, physical or economic

interference or obstacle. Obstructing governmental or judicial administration is a Class

A offense.

3.1.69 Hindering Prosecution

A person commits the crime of hindering prosecution if, with intent to hinder the

apprehension, prosecution, conviction or punishment of a person who has committed a

crime, or with the intent to assist a person who has committed a crime in profiting or

benefiting from the commission of the crime, the person:

(a) Harbors or conceals such person; or

(b) Warns such person of impending discovery or apprehension; or

disguise or other means of avoiding discovery or apprehension; or

(d) Prevents or obstructs, by means of force, intimidation or deception, anyone from

performing an act which might aid in the discovery or apprehension of such person; or

(e) Suppresses by any act of concealment, alteration or destruction physical evidence

which might aid in the discovery or apprehension of such person; or

(f) Aids such person in securing or protecting the proceeds of the crime.

Hindering prosecution is a Class A offense.

3.1.70 Perjury

A person commits the crime of perjury if the person makes a false sworn statement in

regard to a material issue, knowing it to be false. Perjury is a Class A offense.

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3.1.70 Refusing to Assist a Peace Officer

A person commits the offense of refusing to assist a peace officer if upon command by

a person known by the person to be a peace officer the person unreasonably refuses or

fails to assist in effecting an authorized arrest or preventing another from committing a

crime. Refusing to assist a peace officer is a Class B offense.

3.1.71Resisting Arrest or Process

A person commits the crime of resisting arrest if the person intentionally resists a

person known by the person to be a peace officer in making an arrest. As used in this

section:

(a) "Arrest" means to place a person under actual or constructive restraint or to take a

person into custody for the purpose of charging that person with an offense and

includes, but is not limited to, the booking process.

(b) “Resists" means the use or threatened use of violence, physical force or any other

means that creates a substantial risk of physical injury to any person and includes, but

is not limited to, behavior clearly intended to prevent being taken into custody by the

actions of the arresting officer. The behavior does not have to result in actual physical

injury to an officer. Passive resistance does not constitute behavior intended to prevent

being taken into custody.

It is no defense to a prosecution under this section that the peace officer lacked legal

authority to make the arrest or book the person, provided the peace officer was acting

under color of official authority.

Resisting arrest is a Class A offense.

3.1.72 Tampering with Evidence

A person commits the crime of tampering with physical evidence if, with intent that it be

used, introduced, rejected or unavailable in an official proceeding which is then pending

or to the knowledge of such person is about to be instituted, the person:

(a) Destroys, mutilates, alters, conceals or removes physical evidence impairing its

verity or availability; or

(b) Knowingly makes, produces or offers any false physical evidence; or

deception against any person.

Tampering with physical evidence is a Class A offense.

3.1.73 Tampering with a Witness or Juror

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A person commits the crime of tampering with a witness if:

(a) The person knowingly induces or attempts to induce a witness or a person the

person believes may be called as a witness in any official proceeding to offer false

testimony or unlawfully withhold any testimony; or

(b) The person knowingly induces or attempts to induce a witness to be absent from any

official proceeding to which the person has been legally summoned.

Tampering with a witness or juror is a Class A offense.

OFFENSES AGAINST PUBLIC MORALS, ORDER AND WELFARE

3.1.90 Animal Abuse

A person commits the crime of animal abuse if, except as otherwise authorized by law,

the person intentionally, knowingly or recklessly causes physical injury to an animal.

Animal abuse is a Class B offense.

3.1.91 Disorderly Conduct

A person commits the crime of disorderly conduct if, with intent to cause public

inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:

(a) Engages in fighting or in violent, tumultuous or threatening behavior;

(b) Makes unreasonable noise;

(d) Obstructs vehicular or pedestrian traffic on a public way;

(e) Congregates with other persons in a public place and refuses to comply with a lawful

order of the police to disperse;

(f) Initiates or circulates a report, knowing it to be false, concerning an alleged or

impending fire, explosion, Crime, catastrophe or other emergency; or

(g) Creates a hazardous or physically offensive condition by any act which the person is

not licensed or privileged to do.

Disorderly conduct is a Class B offense.

3.1.92 Drug Abuse (Crime Severity to be determined at Tribal Council’s discretion)

Any person, under the jurisdiction of this Law and Order Code, who violates any of the

following subsections shall be guilty of committing the offense of Drug Abuse and upon

conviction shall be sentenced according to the penalties herein described.

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Definitions. As used in this section:

(a) "Administer" means the direct application of a controlled substance, whether by

injection, inhalation, ingestion, or any other means, to the body.

(b) "Controlled substance" means a drug, substance, or immediate precursor in

Schedules I and II. See Appendix A attached hereto.

another of a controlled substance, whether or not there is an agency relationship.

(d) "Drug" means (1) substances recognized in the official United States

Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or Official

National Formulary, or any supplement of any of them; (2) substances intended for use

in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;

(3) substances (other than food) intended to affect the structure of any function of the

body of man or animals; (4) substances intended for use as a component of any article

specified in clause (1), (2), or (3) of this subsection. It does not include devices or their

components, parts, accessories.

(e) "Manufacture" means the production, preparation, propagation, compounding,

conversion or processing of a controlled substance, either directly or indirectly by

means of chemical synthesis, or by a combination of extraction and chemical synthesis,

and includes any packaging or repackaging of the substance or labeling or re-labeling of

its container, except that this term does not include the preparation or compounding of a

controlled substance by:

(1) A practitioner as an incident to his administering or dispensing of a controlled

substance in the course of his professional practice, or

(2) A practitioner, or by his authorized agent under his supervision, for the purpose of,

or as an incident to, research, teaching, or chemical analysis and not for sale.

(f) "Marijuana" means all parts of the plant of the genus Cannabis L., whether growing

or not; the seeds thereof; the resin extracted from any part of the plant; and every

compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds

or resin. It does not include the mature stalks of the plant, fiber produced from the

stalks, oil or cake made from the seeds of the plant, any other compound, manufacture,

salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted

there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of

germination.

(g) "Narcotic drug" means any of the following, whether produced directly or indirectly

by extraction from substances of vegetable origin, or independently by means of

chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or

opiate.

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(2) Any salt, compound, isomer, derivative, or preparation thereof which is chemically

equivalent or identical with any of the substances referred to in clause 1, but not

including the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and

any salt, compound, isomer, derivative, or preparation thereof which is chemically

equivalent or identical with any of these substances, but not including decocainized

leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(h) "Production" includes the manufacture, planting, cultivation, growing, or harvesting

of a controlled substance.

3.1.93 Controlled Substance: Definition

A drug or its immediate precursor classified in Appendix A. If a substance is an

ingredient of a controlled substance, the ingredient shall be considered to be in the

same schedule as that controlled substance. Substances which are precursors of the

ingredient shall not be subject to control solely because they are precursors of the

ingredient. A list of precursors marked Appendix B is attached hereto.

3.1.94 Drug Paraphernalia: Definitions

Drug paraphernalia means all equipment, products, and materials of any kind which are

used, intended for use, or designed for use in planting, propagating, cultivating,

growing, harvesting, manufacturing, compounding, converting, producing, processing,

preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing,

injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled

substance. It includes, but is not limited to:

(a) Kits used, intended for use, or designed for use in planting, propagating, cultivating,

growing, or harvesting of any species of plant which is a controlled substance or from

which a controlled substance can be derived;

(b) Kits used, intended for use, or designed for use in manufacturing, compounding,

converting, producing, processing, or preparing controlled substances;

potency of any species of plant which is a controlled substance;

(d) Testing equipment used, intended for use, or designed for use in identifying or in

analyzing the strength, effectiveness, or purity of controlled substances;

(e) Scales and balances used, intended for use, or designed for use in weighing or

measuring controlled substances;

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(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,

dextrose, and lactose, used, intended for use, or designed for use in cutting controlled

substances;

(g) Separation gins and sifters used, intended for use, or designed for use in removing

twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(h) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or

designed for use in compounding controlled substances;

(i) Capsules, balloons, envelopes, and other containers used, intended for use, or

designed for use in packaging small quantities of controlled substances;

(j) Containers and other objects used, intended for use, or designed for use in storing

and concealing controlled substances;

(k) Hypodermic syringes, needles, and other objects used, intended for use, or

designed for use in parenterally injecting controlled substances into the human body;

(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or

otherwise introducing marijuana, cocaine, hashish oil into the human body, such as:

(m) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without

screens, permanent screens, hashish heads, or punctured metal bowls;

(n) Water pipes;

(o) Carburetion tubes and devices;

(p) Smoking and carburetion masks;

(q) Roach clips: Meaning objects used to hold burning material, such as a marihuana

cigarette, that has become too small or too short to be held in the hand;

(r) Miniature cocaine spoons, and cocaine vials;

(s) Chamber pipes;

(t) Carburetor pipes;

(u) Electric pipes;

(v) Air-driven pipes;

(w) Chillums;

(x) Bongs; and

(y) Ice pipes, or chillers.

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In determining whether an object is drug paraphernalia under this section, a court or

other authority should consider, in addition to all other logically relevant facts, the

following:

(a) Statements by an owner or by anyone in control of the object concerning its use;

(b) Prior convictions, if any, of an owner, or of anyone in control of the object, under any

state, federal or tribal law relating to any controlled substance;

(d) The proximity of the object to controlled substances;

(e) The existence of any residue of controlled substances on the object;

(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of

the object, to deliver it to persons whom he knows, or should reasonably know, intend

to use the object to facilitate a violation of this chapter; the innocence of an owner, or of

anyone in control of the object, as to a direct violation of this chapter shall not prevent a

finding that the object is intended or designed for use as drug paraphernalia;

(g) Instructions, oral or written, provided with the object concerning its use;

(h) Descriptive materials accompanying the object which explain or depict its use;

(i) National and local advertising concerning its use;

(j) The manner in which the object is displayed for sale;

(k) Whether the owner, or anyone in control of the object, is a legitimate supplier of like

or related items to the community, such as a licensed distributor or dealer of tobacco

products;

(l) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total

sales of the business enterprise;

(m)The existence and scope of legitimate uses for the object in the community; and

(n) Expert testimony concerning its use.

3.1.95 Prohibited Acts (Manufacture, Cultivate, Deliver): Penalties

Except as authorized by this section, it is unlawful for any person to manufacture,

cultivate, deliver, or possess with intent to manufacture or deliver, a controlled

substance. Any person who violates this subsection is guilty of a Class A crime.

3.1.96 Prohibited Acts (Possession): Penalties

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Except as authorized by this section, it is unlawful for any person to possess a

controlled substance. Any person who violates this subsection is guilty of a Class A

offense.

3.1.97 Prohibited Acts (Drug Paraphernalia): Penalties

Except as authorized by this section, it is unlawful for any person to possess any drug

paraphernalia. Any person who violates this subsection is guilty of a Class A crime.

3.1.98 Defenses

Any person lawfully involved in the possession, distribution, manufacture or delivery of

any controlled substance listed in Appendix A shall not be in violation of this section.

3.1.99 Indecent Exposure

Any person who shall, for the purpose of arousing or gratifying sexual desire of himself

or of any other human other than his spouse, exposes his sexual parts under

circumstances in which he knows his conduct is likely to cause affront or alarm, shall be

guilty of Indecent Exposure. Indecent Exposure is a Class B offense.

3.1.100 Public Intoxication

Any person who is in a voluntarily-induced state of intoxication created by the use of

alcoholic beverages or any other drug of any kind, and who causes a disturbance of the

public in any private or public place is guilty of public intoxication. Public intoxication is a

Class C offense.

3.1.101 Offensive Littering

Any person who shall dispose of any garbage or other litter anywhere within the

Reservation except in public waste disposal grounds designated by the Council, or who,

without lawful permission, shall store or allow to accumulate any wrecked, junked or

unserviceable vehicles, appliances or farm/yard implements anywhere on the

Reservation shall be guilty of Littering. Littering is a Class C offense.

3.1.102 Use or Possession of Alcoholic Beverages Prohibited

Any person who is in possession of or knowingly in the presence of alcoholic

beverages on the Burns Paiute Indian Reservation is guilty of Use or Possession of

Alcoholic Beverages. Use or Possession of Alcoholic Beverages is a Class C offense.

3.1.103 Prostitution

A person commits the crime of prostitution if (a) the person engages in or offers or

agrees to engage in sexual conduct or sexual contact in return for a fee; or (b) the

person pays or offers or agrees to pay a fee to engage in sexual conduct or sexual

contact. Prostitution is a Class B offense.

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3.1.104 Public Nuisance

Any person who shall, without proper authority, do any act or fail to perform any duty,

which act or omission unreasonably annoys, injures or endangers the comfort, repose,

health, property or safety of any person, or which offends public decency, shall be guilty

of Public Nuisance. Public Nuisance is a Class C offense.

3.1.105 Maintain Public Hazard

Any person who shall have on his premises an abandoned refrigerator, freezer, or other

container not in active use, any door to which has a lock or latch which automatically

fastens when the door is closed and which cannot be readily opened from the inside

shall be guilty of Maintaining a Public Hazard. Maintaining a Public Hazard is a Class C

offense.

3.1.106 Riot

A person commits the crime of riot if while participating with five or more other persons

the person engages in tumultuous and violent conduct and thereby intentionally or

recklessly creates a grave risk of causing public alarm. Riot is a Class A offense.

3.1.107 Spreading Venereal Disease

Any person who shall, knowingly or having reason to believe that he has a venereal

disease other than AIDS/HIV, infect another person with venereal disease, shall be

guilty of Spreading Venereal Disease. Spreading Venereal Disease is a Class C

offense.

Any person who shall, knowingly or having reason to believe that he has a AIDS/HIV,

infect another person with AIDS/HIV, shall be guilty of Spreading AIDS/HIV. Spreading

AIDS/HIV is a Class A offense.

3.1.108 False Swearing

A person commits the crime of false swearing if the person makes a false sworn

statement, knowing it to be false. False Swearing is a Class C offense.

3.1.109 Unlawful Discharge of Display of Fireworks

Any person who shall willfully discharge or display any fireworks within the following

areas:

(a) Forest lands;

(b) Range lands; or

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3.1.110 Carrying or Displaying a Weapon

Any person who shall (1) carry concealed on his person, or (2) carry, exhibit, display or

draw any pistol, firearm, dagger, sword, knife, or other cutting or stabbing instrument,

club, or any other weapon, apparently capable of producing bodily harm in a manner,

under circumstance, and at any time in tribal or BIA buildings on the Reservation, that

either manifests in intent to intimidate other or that warrants alarm for the safety of other

persons shall be guilty of carrying or displaying a weapon. The provision of this section

shall not apply to any person who by virtue of his office or public employment is vested

by law with a duty to preserve public safety, maintain public order, or to make arrests for

offenses, while in the performance of such duty or to any person engaged in military

activities sponsored by Federal or state governments. Carrying or Displaying a Weapon

is a Class A offense.

3.1.111 Carrying of Concealed Weapon

Any person who carries concealed upon the person any gun (unless person has state

issued concealed weapon permit) or knife having a blade that projects or swings into

position by force of a spring or by centrifugal force, any dirk, dagger, ice pick, metal

knuckles, or any similar instrument by the use of which injury could be inflicted upon the

person or property of any other person is guilty of Carrying A Concealed Weapon.

Weapons lawfully seized under this section may be forfeited to the Tribe pursuant to

Tribal Civil forfeiture procedures.

Carrying a Concealed Weapon is a Class B offense.

3.1.112 Weapons, Firing

Any person, except a bona fide law enforcement officer acting within the scope of his or

her duty, who discharges a firearm within any settled community on the lands of the

Burns Paiute Indian Reservation shall be guilty of Unlawful Discharge of a Firearm.

Weapons lawfully seized under this section may be forfeited to the Tribe pursuant to

Tribal civil forfeiture procedures.

Unlawful Discharge of a Firearm is a Class B offense.

3.1.113 Unlawful Photography

Any person who photographs, videotapes, films, or records any funerals without the

permission of the immediate family involved is guilty of Unlawful Photography. Unlawful

Photography is a Class C offense.

3.1.114 Minor in Possession by Consumption of Alcohol

A person under the age of 21 who is in possession of alcohol by consumption shall be

guilty of minor in possession by consumption of alcohol. Minor in Possession of Alcohol

is a Class C offense.

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3.1.115 Unlawful Burning

A person shall be guilty of Unlawful Burning who:

(a) Burns rubbish containing paper products openly; or

(b) Conducts open burning within 50 feet of any structure or other combustible material;

appropriate extinguishing equipment readily available; or

(d) Does not constantly attend the burning.

Unlawful Burning is a Class C offense.

OTHER OFFENSES

3.1.140 Aiding or Abetting

Any person who shall counsel, encourage, solicit, request, aid, procure or abet another

to commit an offense under this Title or under any ordinance or regulation of the Burns

Paiute Tribal Council shall be guilty of aiding or abetting. Aiding or Abetting is an

offense of the same classification as the offense aided or abetted.

PENALTIES

3.1.200 Class A Offense

A person convicted of a Class A offense shall be sentenced to imprisonment for a

period not to exceed 1 year, or a fine not to exceed $5000, or both imprisonment and a

fine.

3.1.201 Class B Offense

A person convicted of a Class B offense shall be sentenced to imprisonment for a

period not to exceed 6 months, or a fine not to exceed $2500, or both imprisonment and

a fine.

3.1.202 Class C Offense

A person convicted of a Class C offense shall be sentenced to imprisonment for a

period not to exceed 30 days, or a fine not to exceed $1000, or both imprisonment and

a fine.

3.1.203 Probation

Except as otherwise provided in this Code, the Court shall have the authority to

suspend the imposition of sentence on a person who has been convicted of an offense

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and to place him on probation. The Court may attach to the order of probation such

reasonable conditions as it deems necessary. At any time before the end of the

probationary period, if the Court is satisfied that the defendant has inexcusably failed to

comply with a substantial requirement imposed as a condition of the probation order, or

if the defendant has been convicted of another crime, the Court may revoke the

probation and sentence or re-sentence the defendant as provided in this Code.

3.1.204 Disposition of Fines

All fines and fees collected by the Court under the provisions of this Code shall be held

in a special account of the Tribe to be used for maintenance of the Court and Law and

Order Program.

PROPERTY SEIZED AS EVIDENCE

3.1.250 Property Seized as Evidence

When any officer in the execution of a valid search shall seize any evidence material to

the investigation or prosecution of any offense, the evidence shall be safely kept so long

as necessary for the purpose of being produced in evidence at any trial. After the trial,

the evidence shall be restored to its owner if it is lawful for the owner to possess it.

Otherwise, the property shall be disposed of pursuant to the forfeiture provisions of this

Code.

CONTEMPT PROCEEDINGS

3.1.260 Definitions

(a) “Confinement” means custody or incarceration, whether actual or constructive.

(b) “Contempt of Court” means the following acts, done willfully:

(1) Misconduct in the presence of the court that interferes

with a court proceeding or

with the administration of justice, or that impairs the respect due the court;

(2) Disobedience of, resistance to or obstruction of the court’s authority, process, orders

or judgments;

(3) Refusal as a witness to appear, be sworn or answer a question contrary to an order

of the court;

(4) Refusal to produce a record, document or other object contrary to an order of the

court; or

(5) Violation of a statutory provision that specifically subjects the person to the contempt

power of the court.

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(d) “Remedial sanction” means a sanction imposed to terminate a continuing contempt

of court or to compensate for injury, damage or costs resulting from a past or continuing

contempt of court.

3.1.265 Nature of contempt power

The power of a court to impose a remedial or punitive sanction for contempt of court is

an inherent judicial power. This chapter of the Tribal Code establishes procedures to

govern the exercise of that power.

3.1.266 Right to appointed counsel

A person facing contempt proceedings have the same rights as the person charged with

violating the criminal code.

3.1.267 Types of sanctions

(a) A court may impose either remedial or punitive sanctions for contempt.

(b) Confinement may be remedial or punitive. The sanction is:

(1) Remedial if it continues or accumulates until the defendant complies with the court’s

order or judgment.

(2) Punitive if it is for a definite period that will not be reduced even if the defendant

complies with the court’s order or judgment.

(1) Punitive if it is for a past contempt.

(2) Remedial if it is for continuing contempt and the fine accumulates until the defendant

complies with the court’s judgment or order or if the fine may be partially or entirely

forgiven when the defendant complies with the court’s judgment or order.

(d) Any sanction requiring payment of amounts to one of the parties to a proceeding is

remedial.

(e) Any sanction imposed by a court for contempt is in addition to any civil remedy or

criminal sanction that may be available as a result of the conduct constituting contempt.

In any civil or criminal proceedings arising out of the conduct constituting contempt, the

court shall take into consideration any contempt sanctions previously imposed for the

same act.

3.1.270 Procedure for imposition of remedial sanctions

(a) Except as provided for in Burns Paiute Tribal Code provisions, proceedings to

impose remedial sanctions for contempt shall be conducted as provided in this section.

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(b) The following persons may initiate the proceeding or, with leave of the court,

participate in the proceeding, by filing a motion requesting that defendant be ordered to

appear:

(1) A party aggrieved by an alleged contempt of court;

(2) Tribal prosecutor;

(3) Any other person specifically authorized by the Burns Paiute Tribal Code to seek

imposition of sanctions for contempt.

which the contempt is related, if there is a related proceeding.

(d) The person initiating a proceeding under this section shall file supporting

documentation or affidavits sufficient to give defendant notice of the specific acts

alleged to constitute contempt.

(e) The court may issue an order directing the defendant to appear. Except as

otherwise provided in this section, the defendant shall be personally served with the

order to appear.

(f) The court may impose a remedial sanction only after affording the defendant

opportunity for a hearing tried to the court. The defendant may waive the opportunity for

a hearing by stipulated order filed with the court.

(g) A defendant has no right to a jury trial, and except as provided in this section, has

only those rights accorded to a defendant in a civil action.

(h) A defendant is entitled to be represented by counsel at his or her own expense. A

court shall not impose on a defendant a remedial sanction of confinement unless;

before the hearing is held the defendant is informed that such sanction may be

imposed.

(i) If the defendant is not represented by counsel when coming before the court, the

court shall inform the defendant of the right to counsel at his or her own expense.

(j) Inability to comply with an order of the court is an affirmative defense.

(k) In any proceeding for imposition of a remedial sanction other than confinement,

proof of contempt shall be by clear and convincing evidence. In any proceeding for

imposition of a remedial sanction of confinement, proof of contempt shall be beyond a

reasonable doubt.

(l) Proceedings under this section are subject to rules adopted under the Burns Paiute

Tribal Code.

3.1.271 Procedure for imposition of punitive sanctions

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Except as otherwise provided for in the Burns Paiute Tribal Code proceedings to

impose punitive sanctions for contempt shall be conducted as provided in this section.

(a) The tribal prosecutor shall be the person who may initiate the proceeding by an

accusatory instrument charging a person with contempt of court and seeking a punitive

sanction.

(b) The tribal prosecutor may initiate proceedings on the prosecutor’s own initiative, on

the request of a party to an action or proceeding or on the request of the court. After

the tribal prosecutor files an accusatory instrument, the court may issue any order or

warrant necessary to compel the appearance of the defendant.

the same requirements and laws applicable to an accusatory instrument in a criminal

proceeding, and all proceeding on the accusatory instrument shall be in the manner

prescribed for criminal proceedings.

(d) Except for the right to a jury trial, the defendant is entitled to the constitutional and

statutory protections that a defendant would be entitled to in a criminal proceeding in

which the fine or term of imprisonment that could be imposed is equivalent to the

punitive sanctions sought in the contempt proceeding.

(e) Inability to comply with an order of the court is an affirmative defense. If the

defendant proposes to rely in any way on evidence of inability to comply with an order of

the court, the defendant shall, not less than five days before the trial of the cause, file

and serve upon the tribal prosecutor, prosecuting the contempt a written notice of intent

to offer that evidence. If the defendant fails to file and serve the notice, the defendant

shall not be permitted to introduce evidence of inability to comply with an order of the

court at the trial of the cause unless the court, in its discretion, permits such evidence to

be introduced where just cause for failure to file the notice, or to file the notice within the

time allowed, is made to appear.

(f) The court may impose a remedial sanction in addition to or in lieu of a punitive

sanction.

(g) In any proceeding for imposition of a punitive sanction, proof of contempt shall be

beyond a reasonable doubt.

3.1.272 Compelling attendance of defendant

(a) If a person served with an order to appear under Tribal Code Chapter I, Section 5,

fail to appear at the time and place specified in the order, the court may issue any order

or warrant necessary to compel the appearance of the defendant.

(b) A person against whom a complaint has been issued under Tribal Code Chapter I,

Section 6, may be cited to appear in lieu of custody as provided for in Chapter I, Section

5. If the person fails to appear at the time and place specified in the citation, the court

may issue any order or warrant necessary to compel the appearance of the defendant.

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amount. Unless the defendant pays the security amount upon arrest, the tribal police

shall keep the defendant in custody until either a release decision is made by the court

or until disposition of the contempt proceedings.

(d) The defendant shall be discharged from the arrest upon executing and delivering to

the tribal police, at any time before the return of the warrant, a security release or a

release agreement to the effect that the defendant will appear on the return day and

abide by the order or judgment of the court or officer or pay, as may be directed, the

sum specified in the warrant.

(e) The tribal police shall return the warrant and the security deposit, if any, given to the

tribal police by the defendant by the return day specified in the warrant.

(f) When a warrant for contempt issued under subsection (2) of this section has been

returned after having been served and the defendant does not appear on the return day,

the court may do either or both of the following:

(1) Issue another warrant.

(2) Proceed against the security deposited upon the arrest.

(g) If the court proceeds against the security under subsection (5) of this section and the

sum specified is recovered, the court may award to any party to the action any or all of

the money recovered as remedial damages.

3.1.273 Compelling testimony of witnesses

(a) Upon the motion of the person initiating the proceeding, the court may compel the

testimony of a witness as provided under Burns Paiute Tribal Code in a contempt

proceeding.

(b) In any case where the person initiating the proceeding is not represented by the

person initiating the proceeding shall serve a notice of intent to compel testimony on the

tribal prosecutor. The notice shall be served not less than 14 calendar days before any

hearing on the motion to compel testimony.

person initiating the proceeding intends to compel and include, if known, the witness’

name, date of birth, residence address and social security number, and other pending

proceedings or criminal charges involving the witness. The notice shall also include the

case name and number of the contempt proceeding and the date, time and place set for

any hearing scheduled as provided in Burns Paiute Tribal Code.

(d) If the person initiating the proceeding fails to serve the required advance notice or

fails to serve the notice within the time required, the court shall grant a continuance for

not less than 14 calendar days from the date the notice is served to allow the tribal

prosecutor opportunity to be heard on the matter of compelling testimony. The court

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may compel testimony under this subsection only after the full notice period and

opportunity to be heard, unless before that time the tribal prosecutor waives in writing

any objection to the motion to compel.

(e) In any hearing on a motion to compel testimony under this section, the tribal

prosecutor in which the contempt proceeding is pending, may appear to present

evidence or arguments to support or oppose the motion.

(f) In lieu of compelling testimony under this section, the court may continue the

contempt proceeding until disposition of any criminal action that is pending against the

witness whose testimony is sought and that charges the witness with a crime.

3.1.274 Summary imposition of sanction

A court may summarily impose a sanction upon a person who commits a contempt of

court in the immediate view and presence of the court. The sanction may be imposed

for the purpose of authority and dignity of the court. The provisions in Chapter I,

Sections 5 & 6 do not apply to summary imposition of sanctions under this section.

3.1.275 Sanctions authorized

(a) Unless otherwise provided by Tribal Code, a court may impose one or more of the

following remedial sanction:

(1) Payment of a sum of money sufficient to compensate a party

costs suffered by the party as the result of a contempt of court.

for loss, injury or

(2) Confinement for so long as the contempt continues, or six months, whichever is the

shorter period.

(3) An amount not to exceed $500.00 or one percent of the defendant’s annual gross

income, whichever is greater, for each day the contempt of court continues. The

sanction imposed under this paragraph may be imposed as a fine or to compensate a

party for the effects of the continuing contempt.

(4) An order designed to insure compliance with a prior order of the court, including

probation.

(5) Payment of all or part of any attorney fees incurred by a party as the result of a

contempt of court.

(6) A sanction other than the sanctions specified in paragraphs (a) to (e) of this

subsection if the court determines that the sanction would be an effective remedy for the

contempt.

(b) Unless otherwise provided by Tribal Code, a court may impose one or more of the

following punitive sanctions for each separate contempt of court:

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(1) A fine of not more than $500.00.

(2) Forfeiture of any proceeds or profits obtained through the contempt.

(3) Confinement for not more than six months.

(4) Probation or community service.

court may impose one or more of the following sanctions for each separate contempt of

court:

(1) A punitive fine of not more than $500.00.

(2) Confinement as a punitive sanction for not more than 30 days: or

(3) Probation or community service.

(d) The court may impose a punitive sanction for past conduct constituting contempt of

court even though similar present conduct is a continuing contempt of court.

3.1.276 Limitations of actions

(a) Except as provided in Section 6 of this Contempt Proceedings in the Tribal Code,

proceedings under Section 6 to impose remedial sanctions for contempt and Section 7

to impose punitive sanctions for contempt shall be commenced within two years of the

act or omission constituting the contempt.

(b) For the purposes of this section, a proceeding to impose remedial sanctions shall be

deemed commenced as to each defendant when the motion provided for in Section 6 is

filed.

(1) Prosecution is commenced when a warrant or other process

is issued, provided

that the warrant or other process is executed without unreasonable delay;

(2) Time starts to run on the day after the offense is committed;

(3) Except as provided in this Section 11 Subsection (4), the period of limitation does

not run during:

(A)

Any time when the accused is not an inhabitant of or usually resident

within this state; or

(B)

Any time when the accused hides within the state so as to prevent

process being served upon the accused; or

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(C)

If, when the offense is committed, the accused is out of the state, the

action may be commenced within the time provided after coming of the accused

in the state.

(D)

Notwithstanding Subsection C above, in no case shall the period of

limitation otherwise applicable be extended by more than three years.

(E)

The time limitations imposed by Subsection (1) of this section shall not act

to bar proceedings to impose sanctions for an act or omission that constitutes a

continuing contempt at the time contempt proceedings are commenced.

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APPENDIX A: DRUG CLASSIFICATIONS

SCHEDULE I

(a) Unless specifically excepted or unless listed in another schedule, any of the

following opiates, including their isomers, esters, ethers, salts, and salts of isomers,

esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is

possible within the specific chemical designation:

(1) Acetylmethadol.

(2) Allylprodine.

(3) Alphacetylmathadol.

(4) Alphameprodine.

(5) Alphamethadol.

(6) Benzethidine.

(7) Betacetylmethadol.

(8) Betameprodine.

(9) Betamethadol.

(10) Betaprodine.

(11) Clonitazene.

(12) Dextromoramide.

(13) Dextrorphan.

(14) Diampromide.

(15) Diethylthiambutene.

(16) Dimenoxadol.

(17) Dimepheptanol.

(18) Dimethylthiambutene.

(19) Dioxaphetyl butyrate.

(20) Dipipanone.

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(21) Ethylmethylthiambutene.

(22) Etonitazene.

(23) Etoxeridine.

(24) Furethidine.

(25) Hydroxypethidine.

(26) Ketobemidone.

(27) Levomoramide.

(28) Levophenacylmorphan.

(29) Morpheridine.

(30) Noracymethadol.

(31) Norlevorphanol.

(32) Normethadone.

(33) Norpipanone.

(34) Phenadoxone.

(35) Phenampromide.

(36) Phenomorphan.

(37) Phenoperidine.

(38) Piritramide.

(39) Propheptazine.

(40) Properidine.

(41) Racemoramide.

(42) Trimeperidine.

(b) Unless specifically excepted or unless listed in another schedule, any of the

following opium derivatives, their salts, isomers, and salt of isomers whenever the

existence of such salts, isomers, and salts of isomers is possible within the specific

chemical designation:

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(1) Acetorphine.

(2) Acetyldihydrocodeine.

(3) Benzylmorphine.

(4) Codeine methylbromide.

(5) Codeine-N-Oxide.

(6) Cyprenorphine.

(7) Desomorphine.

(8) Dihydromorphine.

(9) Etorphine.

(10) Heroin.

(11) Hydromorphinol.

(12) Methyldesorphine.

(13) Methylhydromorphine.

(14) Morphine methylbromide.

(15) Morphine methylsulfonate.

(16) Morphine-N-Oxide.

(17) Myrophine.

(18) Nicocodeine.

(19) Nicomorphine.

(20) Normorphine.

(21) Pholcodine.

(22) Thebacon.

compound, mixture, or preparation, which contains any quantity of the following

hallucinogenic substances, or which contains any of their salts, isomers, and salts of

isomers whenever the existence of such salts, isomers, and salts of isomers is possible

within the specific chemical designation:

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(1) 3,4-methylenedioxy amphetamine.

(2) 5-methoxy-3,4-methylenedioxy amphetamine.

(3) 3,4,5-trimethoxy amphetamine.

(4) Bufotenine.

(5) Diethyltryptamine.

(6) Dimethyltryptamine.

(7) 4-methyl-2,5-diamethoxyamphetamine.

(8) Ibogaine.

(9) Lysergic acid diethylamide.

(10) Marihuana.

(11) Mescaline.

(12) Peyote.

(13) N-ethyl-3-piperidyl benzilate.

(14) N-methyl-3-piperidyl benzilate.

(15) Psilocybin.

(16) Psilocyn.

(17) Tetrahydrocannabinols.

SCHEDULE II

(a) Unless specifically excepted or unless listed in another schedule, any of the

following substances whether produced directly or indirectly by extraction from

substances of vegetable origin, or independently by means of chemical synthesis, or by

a combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or

opiate.

(2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent

or identical with any of the substances referred to in clause (1), except that these

substances shall not include the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

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(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its

salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives,

their salts, isomers, and salts of isomers; or any compound, mixture, or preparation

which contains any quantity of any of the substances referred to in this paragraph.

(b) Unless specifically excepted or unless listed in another schedule, any of the

following opiates, including their isomers, esters, ethers, salts, and salts of isomers,

esters and ethers, whenever the existence of such isomers, esters, ethers, and salts is

possible within the specific chemical designation:

(1) Alphaprodine.

(2) Anileridine.

(3) Bezitramide.

(4) Dihydrocodeine.

(5) Diphenoxylate.

(6) Fentanyl.

(7) Isomethadone.

(8) Levomethorphan.

(9) Levorphanol.

(10) Metazocine.

(11) Methadone.

(12) Methadone-Intermediate,

4-cyano-2-dimethylamino-4,4-diphenyl butane.

(13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic

acid.

(14) Pethidine.

(15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.

(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.

(17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid.

(18) Phenazocine.

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(19) Piminodine.

(20) Racemethorphan.

(21) Racemorphan.

liquid which contains any quantity of methamphetamine, including its salts, isomers, and

salts of isomers.

SCHEDULE III

(a) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation which contains any quantity of the following

substances having a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.

(2) Phenmetrazine and its salts.

(3) Any substance (except an injectable liquid) which contains any quantity of

methamphetamine, including its salts, isomers, and salts of isomers.

(4) Methylphenidate.

(b) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation which contains any quantity of the following

substances having a depressant effect on the central nervous system:

(1) Any substance which contains any quantity of a derivative of barbituric acid, or any

salt of a derivative of barbituric acid.

(2) Chorhexadol.

(3) Glutehimide.

(4) Lysergic acid.

(5) Lysergic acid amide.

(6) Methyprylon.

(7) Phencyclidine.

(8) Sulfondiethylmethane.

(9) Sulfonethylmethane.

(10) Sulfonmethane.

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(d) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation containing limited quantities of any of the following

narcotic drugs, or any salts thereof:

(1) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90

milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid

of opium.

(2) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90

milligrams per dosage unit, with one or more active, non-narcotic ingredients in

recognized therapeutic amounts.

(3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more

than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline

alkaloid of opium.

(4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more

than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts.

(5) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90

milligrams per dosage unit, with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts.

(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than

15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts.

(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not

more than 25 milligrams per dosage unit, with one or more active, nonnarcotic

ingredients in recognized therapeutic amounts.

(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with

one or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(e) Anabolic steroids.

SCHEDULE IV

(1) Barbital.

(2) Chloral betaine.

(3) Chloral hydrate.

(4) Ethchlorvynol.

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(5) Ethinamate.

(6) Methohexital.

(7) Meprobamate.

(8) Methylphenobarbital.

(9) Paraldehyde.

(10) Petrichloral.

(11) Phenobarbital.

SCHEDULE V

Any compound, mixture, or preparation containing any of the following limited quantities

of narcotic drugs, which shall include one or more nonnarcotic active medicinal

ingredients in sufficient proportion to confer upon the compound, mixture, or preparation

valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of

atropine sulfate per dosage unit.

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.

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APPENDIX B: PRECURSOR SUBSTANCES

(1) "Iodine matrix" means iodine at a concentration greater than two percent by weight

in a matrix or solution.

(2) "Matrix" means something, as a substance, in which something else originates,

develops, or is contained.

(3) "Precursor substance" means:

(a) Phenyl-2-propanone.

(b) Methylamine.

(d) Ergotamine.

(e) Diethyl Malonate.

(f) Malonic acid.

(g) Ethyl Malonate.

(h) Barbituric acid.

(i) Piperidine.

(j) N-acetylanthranilic acid.

(k) Ethylamine.

(L) Pyrolidine.

(m) Phenylacetic acid.

(n) Anthranilic acid.

(o) Morpholine.

(p) Ephedrine.

(q) Pseudoephedrine.

(r) Norpseudoephedrine.

(s) Phenylpropanolamine.

(t) Benzyl cyanide.

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(u) Ergonovine.

(v) 3,4-Methylenedioxyphenyl-2-propanone.

(w) Propionic anhydride.

(x) Insosafrole (Isosafrole).

(y) Safrole.

(z) Piperonal.

(aa) N-methylephedrine.

(bb) N-ethylephedrine.

(cc) N-methylpseudoephedrine.

(dd) N-ethylpseudoephedrine.

(ee) Hydriotic acid.

(ff) Gamma butyrolactone (GBL), including butyrolactone, 1,2-butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone and tetramethylene glycol,

including gamma aminobutyric acid (GABA).

(gg) 1,4-butanediol.

(hh) Any salt, isomer or salt of an isomer of the chemicals listed in paragraphs (a) to

of this subsection.

(ii) Iodine in its elemental form.

(jj) Iodine matrix.

(kk) Red phosphorus, white phosphorus, yellow phosphorus or hypophosphorus

acid and its salts.

(LL) Anhydrous ammonia

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CHAPTER 3.2

CIVIL INFRACTIONS

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CHAPTER 3.2 CIVIL INFRACTIONS

GENERAL PROVISIONS

3.2.1 Definitions

As used in this Chapter:

(a) "Infraction" means a civil offense in which the remedy involved is money damages

which have been pre-determined by the Tribal Council as provided by the infractions

procedures in this Code. An infraction is not a crime and the punishment shall not affect

or impair the credibility of a witness or otherwise of any person convicted thereof.

(b) "Defendant" means the person against whom an action is filed under this Chapter.

containers thrown or deposited as herein prohibited but not including the wastes of the

primary processes of mining, logging, sawmilling, farming or manufacturing;

(d) "Public" means a location to which the public or a substantial group has access or

those individuals present in such location. A "public" place includes, but is not limited to:

highways, transport facilities, schools, prisons, apartment houses, places of business or

amusement, or any neighborhood.

(e) “Lawful permission” means an Order of the Tribal Court.

3.2.2 Duties and Authority of Officers; Warrant Not Required

(a) It shall be the duty of tribal law enforcement officers to enforce the provisions of this

Chapter without the necessity of procuring a warrant.

(b) A tribal law enforcement officer is authorized to arrest any person who resists,

delays, prevents or obstructs any such officer, in the discharge of any duty under this

Chapter or gives a false report to any peace officer. Any person who is subject to the

criminal laws of the Tribe and who is arrested under this Section shall be guilty of a

Class C offense and may be prosecuted pursuant to the criminal provisions of this

Code. To the extent authorized by law, any person who is not subject to the criminal

laws of the Tribe and who is arrested under this Section may be transported without

unnecessary delay to the nearest authority for the state of Oregon or the United States.

OFFENSES

3.2.3 Trespass

A person commits the infraction of trespass if he/she:

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(a) Enters upon the real property of another that is posted to prohibit trespassing, is

fenced or contains obvious outward signs of habitability without permission of the owner

or the owner's agent;

(b) Enters tribal lands that are not specifically posted as open to the public;

order of exclusion issued by the Tribal Court as provided by this Code.

3.2.4 Vandalism

A person commits the infraction of vandalism if he:

(a) Injures, defaces, damages or destroys:

(1) Private property in which any other person has an interest without the consent of

such other person;

(2) Tribal or other public property without the lawful consent of the appropriate

governing body; or

(3) An obvious place of burial.

(b) Deposits, throws, or propels any substance upon any highway, roadway, runway, or

railroad track, or any vehicle while such vehicle is either in motion or stationary.

Public Order

3.2.5 False Reporting

A person commits the infraction of false reporting if he initiates a false alarm or report,

which is transmitted to a fire department, law enforcement agency or other organization

that responds to emergencies involving danger to life or property.

3.2.6 Use or Possession of Alcoholic Beverages

A person commits the infraction of use or possession of alcoholic beverages if he uses

or possesses alcoholic beverages anywhere on the Burns Paiute Indian Reservation.

3.2.7 Harassment

A person commits the infraction of harassment if:

(a) Without lawful authority, he, by words or conduct directed at another, threatens to:

(1) Cause bodily injury in the future to any person;

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(2) Cause physical damage to the property of a person other than the actor;

(3) Subjects any person to physical confinement or restraint; or

(4) Does any other act which is intended to substantially harm any person with respect

to his or her physical or mental health or safety; and

(b) The person by words or conduct places the person threatened in reasonable fear

that the threat will be carried out.

3.2.8 Cruelty to Animals

(a) A person commits the infraction of cruelty to animals if he:

(1) Maliciously kills, maims or wounds any animal;

(2) Overworks, tortures, torments, deprives of necessary sustenance, drink or shelter,

cruelly beats, or mutilates or cruelly kills any animal;

(3) Has custody of or is responsible for an animal and willfully subjects the animal to

needless suffering or inflicts any unnecessary cruelty upon the animal;

(4) Transports or carries any animal in a cruel and inhumane manner;

(5) Causes any animal to fight for his amusement or betting or waging, permits the

same to be done on any premises or is present at such fight.

(b) It shall be a defense to a prosecution under this Section if the actor was involved in

an accepted veterinary practice or engaged in hunting in accordance with the provisions

of this Code and his actions were not cruel or inhumane under the circumstances. The

Court shall use a reasonableness standard when determining whether a defense exists

under this Subsection.

3.2.9 Public Nuisance

(a) A person commits a public nuisance infraction if without lawful authority to do so he

does any act or fails to do any duty, which act or omission either:

(1) Unreasonably annoys, injures, or endangers the comfort, repose, health, or safety of

three or more persons;

(2) Offends public decency;

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(3) Unlawfully interferes with, obstructs, or tends to obstruct, or render dangerous for

passage, any lake, stream, canal, or basin, or any public park, square, street, highway,

or road; or

(4) In any way unreasonably renders three (3) or more persons insecure in life or the

use of property.

(b) An act or omission to act, which affects three or more persons in the ways specified

in this Section is still a nuisance regardless that the extent of the annoyance or damage

inflicted on the individuals is unequal.

Tribe but shall be presented as an affirmative defense.

(d) The commission by act or omission of a public nuisance shall not be punished under

this Section if the same conduct constitutes another offense which has also been

charged against a defendant.

3.2.10 Failure to Have Sewer Connection

A person commits the infraction of failure to have sewer connected if he fails to have his

home connected to the Sewer system and reasonable access to such system is

available to his home.

3.2.11 Littering

A person commits the infraction of littering if he:

(a) Throws, discards or otherwise disposes of any litter anywhere within the Reservation

except in authorized public waste disposal grounds or an authorized receptacle made

available for such purpose, or

(b) Without lawful permission, stores or allows to accumulate any wrecked, junked,

abandoned or unserviceable vehicles, appliances or implements anywhere on the

Reservation. People shall be entitled to retain a motor vehicle that has been wrecked

so long as such vehicle is being promptly repaired for further use by the owner and the

owner obtains permission from the Tribal Council. If the owner of property otherwise

subject to this section can prove to the Tribal Council that the item of property is an

antique, the owner shall be granted permission by the Tribal Council to retain such item

of property. This section shall not apply to the tribal police retaining or storing property

needed for evidence in court.

3.2.12 Violation of Tribal Law

A person commits the infraction of violation of tribal law if he violates any tribal law or

any other council enactment intended to preserve the peace, health, safety, welfare and

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morals of the Reservation, when a punishment for such violation is not provided under

any other provision of this Code or the law or enactment itself.

Administration of Government

3.2.13 Interference with Judicial Process

A person commits the infraction of interference with Judicial process if he:

(a) Except as provided by tribal law or procedure, interferes with or attempts to influence

any decision of the Tribal court or investigation, prosecution, or settlement of any case;

(b) Unlawfully detains or otherwise interferes with a witness or party to an action while

such person is going to or from a court proceeding or attending court.

Nothing in this Section shall effect or limit the lawful authority of the Tribal Council to

carry out its constitutional authority.

PENALTIES

3.2.14 Penalty

For a violation of any section of this code, the penalty shall be a fine of $25 to $100.

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CHAPTER 3.3

MOTOR VEHICLES

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CHAPTER 3.3 MOTOR VEHICLES

STATE MOTOR VEHICLE LAWS INCORPORATED

3.3.1

Provisions Incorporated

The substantive provisions of the following parts of the Oregon Revised Statutes (ORS)

as presently constituted or hereafter amended are incorporated herein as provisions of

this Code and shall apply to all persons subject to the jurisdiction of the Burns Paiute

Tribal Court: ORS Chapters 801 – 822 inclusive.

3.3.2

Amendments

Amendments, additions or deletions to or from such provisions by the State of Oregon

after the enactment of this Code shall become a part hereof for all purposes unless the

Council by ordinance or resolution specifically provides otherwise.

3.3.3

Motor Vehicle Offenses

It is unlawful for any person to operate, drive or move a motor vehicle on the roads of

the Burns Paiute Indian Reservation in violation of any of the requirements of Section 1,

hereinabove or to do any act forbidden or fail to perform any act required by Section 1.

3.3.4 Definitions

As contained in the above-cited motor vehicle laws, "highways", "state highways" and

"public highways" shall be construed to mean "all roads, public and private, within the

jurisdiction of the Burns Paiute Tribe", and "county jail" or "jail" shall be construed to

mean "tribal or other jail authorized by the Tribe to receive prisoners". Reference to any

"court" shall be construed to mean the "Burns Paiute Tribal Court".

3.3.5

Inapplicable Provisions

Any of the provisions or portions of the provisions of the Oregon Revised Statutes listed

above which, by their nature, would not apply to the Burns Paiute Tribe, Reservation, or

Tribal Court, or the incorporation of which would undermine the underlying principles

and purposes of this Code, or which are inconsistent with the provisions of this Chapter

or this Code are not incorporated herein.

3.3.6

Maximum Speed Limit

The maximum speed limit for the reservation or portions thereof shall be set by the

Tribal Council. The maximum speed limit for the road leading to and around the

community center shall be fifteen miles per hour. Signs shall be prominently placed

indicating the speed limit.

3.3.7

Procedural Provisions

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The procedure established for criminal offenses under this Code shall be utilized for

violations of this Chapter.

IMPLIED CONSENT

[RESERVED FOR EXPANSION]

3.3.18 Occupational Driver's Permit--Petition--Eligibility--Restrictions--Cancellation

(a)

Any person whose privilege to drive within the exterior boundaries of the Burns

Paiute Reservation is suspended or denied under this Subchapter may petition the

Tribal Court for an occupational driver's permit. The Court upon determining that the

petitioner is engaged in an occupation or trade which makes it essential that the

petitioner operate a motor vehicle may, in its discretion, issue a permit to drive to the

petitioner and may set definite restrictions such as hours of the day, which may not

exceed twelve hours in any one day, days of the week, type of occupation, areas or

routes of travel permitted, or no driving if the person has been drinking.

(b)

The Tribal Court may cancel an occupational driver's permit upon receipt of

notice that the holder has operated a motor vehicle in violation of its restrictions or upon

notice of the commission of an alcohol related driving offense.

3.3.19 Notice to Tribal Police Department

The Tribal Court shall notify the Tribal Police Department in writing of any suspension or

denial of driving privileges within the boundaries of the Burns Paiute Reservation and of

any occupational permits issued by the Court and restrictions placed upon such

occupational permit.

TRAFFIC INFRACTIONS

3.3.20 Infraction - What Constitutes

Failure to perform any act required or the performance of any act prohibited by this

Chapter is designated a traffic infraction and may not be classified as a criminal offense

except for the following provisions of this Chapter incorporated by reference in Section

3.3.1:

(a)

ORS 820.500 relating to operation of mobile home pilot vehicles;

(b)

ORS 823.061-823.063 relating to the transportation of dangerous articles;

(c)

ORS 811.700(b) relating to hitting or striking an unattended car or other property;

(d)

ORS 811.700(a) relating to duty in case of injury to or death of a person or

damage to an attended vehicle;

(e)

ORS 811.535 relating to obedience to police officers, flagmen, or fire fighters;

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(f)

ORS 811.535 relating to refusal to give information to or cooperate with an

officer;

(g)

ORS 811.540 relating to failure to stop and give identification to an officer;

(h)

ORS 811.540 relating to attempting to elude pursuing police vehicles;

(i)

ORS 811.140 relating to reckless driving;

(j)

ORS 813.010 relating to persons under the influence of intoxicating liquor or

drugs;

(k)

Relating to vehicular homicide by motor vehicle;

(l)

Relating to vehicular assault;

(m)

Relating to negligent driving;

(n)

ORS 811.125 relating to racing of vehicles on highways;

(o)

Relating to leaving children in an unattended vehicle with the motor running;

(p)

Section 4 relating to driving without a valid driver's license;

(q)

Section 5 relating to driving with a suspended or revoked license.

Unless otherwise provided by this Title, prosecution of traffic infractions listed under this

Title shall be in accordance with the procedures for infraction violations pursuant to this

Code.

3.3.21 Monetary Deterrent Schedule

(a)

Equipment (46.37)

(1)

Illegal Use of Emergency Equipment, ORS 820.320: $20.00

(2)

Defective or modified exhaust system, mufflers, prevention of noise and smoke:

(A)

First offense: $30.00

(B)

Second offense within one year: $50.00

(C)

Third and subsequent within one year: $70.00

(D)

All other Equipment Infractions: $25.00

(b)

Size, Weight, Load (46.44)

(1)

Over legal tires, wheelbase

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(A)

First offense: $55.00

(B)

Second offense: $85.00

(C)

Third offense: $100.00; In addition to above 3 cents/excess lb.

(2)

Violation of Special Permit: $50.00

(3)

Failure to obtain Special Permit: $50.00

(4)

Failure to submit to being weighed: $50.00

(5)

Illegal vehicle combination: $50.00

(6)

Illegally transporting mobile home: $55.00

Any other infraction defined $35.00

(c)

Rules of the Road (46.61)

(1)

Failure to stop: $25.00

(2)

Failure to yield right of way, ORS 811.275, 811.280, 811.285: $25.00

(3)

Following too close: $25.00

(4)

Failure to signal, ORS 811.400: $25.00

(5)

Improper lane usage or travel, ORS 811.370: $25.00

(6)

Impeding traffic: $25.00

(7)

Improper passing, ORS 811.410,811.415, 811.420, 811.425: $25.00

(8)

Prohibited and improper turn, ORS 811.335: $25.00

(9)

Crossing double yellow line of center, ORS 811.420: $25.00

(10)

Operating with obstructed vision: $25.00

(11)

Wrong way on one way street: $25.00

(12)

Failure to comply with restrictive signs, ORS 811.265: $25.00

If an accident occurs with any of the above listed infractions or speed too fast for

conditions, the penalty plus the infraction shall be: $100.00.

(d)

Speeding, ORS 811.109

(1)

If posted speed limit is over 40 mph:

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(2)

(A)

0-10 over limit: $40.00

(B)

11 - 20 mph over limit: $75.00

(C)

21 - 30 mph over limit: $150.00

(D)

31 mph over limit: $300.00

If posted speed limit is 40 mph or less:

(A)

0-10 over limit: $40.00

(B)

11 - 20 mph over limit: $75.00

(C)

21 - 30 mph over limit: $150.00

(D)

31 mph over limit: $300.00

(3)

Speed too fast for conditions, ORS 811.100: $50.00

(e)

Serious Infractions

(1)

Spilling for failure to secure load: $70.00

(2)

Throwing or depositing debris on highway: $150.00

(3)

Passing stopped school bus with red lights flashing: $200.00

(4)

Violation of posted road restriction: $70.00

(f)

Parking

(1)

Illegal parking on roadway, ORS 811.550(3): $20.00

(2)

Any other parking infraction: $20.00

(3)

Illegal handicap parking: $200.00

(g)

Pedestrians

Any infraction regarding pedestrians: $25.00

(h)

Bicycles (applies to fifteen (15) and under)

Any infraction regarding bicycles: $15.00

All other unlisted infractions: $25.00

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If an accident occurs with any of the above listed infractions or speed too fast for

conditions, the penalty for the infraction shall be:

$50.00

(i)

Driving Uninsured: $100.00

(j)

Driving without a valid Oregon Driver’s License: $100.00

Failure to Carry License: $50.00

(k)

Traffic Crimes:

(1)

Negligent homicide and failure of the driver of an involved vehicle to stay at the

scene of an accident involving injury or death shall be punishable by imprisonment for a

period not to exceed 360 days, or a fine not to exceed $5,000 or both the imprisonment

and the fine.

(2)

Driving under the influence of intoxicating liquor or of any drug, physical control,

reckless driving, failure to stop at the command of a police officer, and driving while

license is suspended or revoked shall be punishable by imprisonment for a period not to

exceed one (1) year, or a fine not to exceed $5,000 or both the imprisonment and the

fine.

(3)

All other major traffic crimes including but not limited to Reckless Driving, Driving

While Suspended and Hit and Run (not involving injury or death) shall be punishable by

a fine not to exceed $5000 or imprisonment for a period not to exceed 90 days or both

and suspension of driving privileges on the reservation for six (6) months.

(4)

In addition to any other penalties imposed on a person convicted of a traffic

offense, the Court may prohibit or set restrictions on the operation of a vehicle by such

person on any road within the jurisdiction of the Burns Paiute Tribe for a period not to

exceed one year, or may utilize the provisions for the suspension or revocation of

driver's licenses.

(l)

Open Container Fine: $100.00

(m)

All other violations not included above: Fine $50.00

(n)

Alternate Jurisdiction: Any non-Indian accused of a traffic crime or traffic

infraction over whom the Tribal Court has no jurisdiction shall be referred to either

Harney County Justice Court or Harney County Circuit Court for prosecution.

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TRAFFIC FEE SCHEDULE

EQUIPMENT (46.37)

Illegal use of Emergency Equipment 820.320

$20.00

Defective or modified exhaust system, mufflers, prevention of noise & smoke

First offense

$30.00

Second offense within 1 year

$50.00

Third & subsequence within 1 year

$70.00

All Other Equipment Infractions

$25.00

SIZE, WEIGHT, LOAD (46.44)

Over legal tires, wheelbase

First offense

$55.00

Second Offense

$85.00

Third Offense in addition to 3 cents/excess lb.

$100.00

Violation of Special Permit

$50.00

Fail to obtain Special Permit

$50.00

Fail to submit to being weighed

$50.00

Illegal vehicle combination

$50.00

Illegally transporting mobile home

$55.00

Any other infraction defined

$35.00

RULES OF THE ROAD (46.61)

Fail to stop

$25.00

Fail to yield right of way 811.275, 811.280, 811.285

$25.00

Following too close

$25.00

Fail to signal 811.400

$25.00

Improper lane usage or travel 811.370

$25.00

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Impeding traffic

Improper passing

$25.00

811.410, 811.415, 811.420, 811.425

Prohibited and improper turn 811.335

Crossing double yellow line of center

$25.00

811.420

$25.00

Operating with obstructed vision

$25.00

Wrong way on one way street

$25.00

Fail to comply with restrictive signs 811.265

$25.00

If an accident occurs with any of the above listed infractions or speed too fast for conditions, the

penalty plus the infraction shall be:

$100.00

SPEEDING ORS 811.109

If posted speed limit is over 40 mph:

0-10 mph over limit

$40.00

11-20 mph over limit

$75.00

21-30 mph over limit

$150.00

31 mph over limit

$300.00

If posted speed limit is 40 mph or less:

0-10 mph over limit

$40.00

11-20 mph over limit

$75.00

21-30 mph over limit

$150.00

31 mph over limit

$300.00

Speeding too fast for conditions

811.100

$50.00

SERIOUS INFRACTIONS

Spilling for failure to secure load

$70.00

Throwing or depositing debris on highway

$150.00

Passing stopped school bus with red lights flashing

$200.00

Violation of posted road restriction

$70.00

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PARKING

Illegal parking on roadway (811.550(3)

$20.00

Any other parking infraction

$20.00

Illegal handicap parking

$200.00

PEDESTRIANS

Any infraction regarding pedestrians

$25.00

BICYCLES (applies to fifteen (15) and under)

Any infraction regarding bicycles

$15.00

All other unlisted infractions

$25.00

If an accident occurs with any of the above listed infractions or speed too fast for conditions, the

penalty for the infraction shall be:

Driving Uninsured

$100.00

Driving with a valid Oregon Driver’s License

$100.00

Failure to Carry License

$50.00

TRAFFIC CRIMES

Negligent homicide and failure of the driver of an involved vehicle to stay at the scene of

an accident involving injury or death shall be punishable by imprisonment for a period

not to exceed 360 days, or a fine not to exceed $5,000 or both the imprisonment and

the fine.

Driving under the influence of intoxicating liquor or of any drug, physical control,

reckless driving, failure to stop at the command of a police officer, and driving while

license is suspended or revoked shall be punishable by imprisonment for a period not to

exceed one (1) year, or a fine not to exceed $5,000 or both the imprisonment and the

fine.

All other major traffic crimes including but not limited to Reckless Driving, Driving While

Suspended and Hit and Run (not involving injury or death) shall be punishable by a fine

not to exceed $5,000 or imprisonment for a period not to exceed 90 days or both and

suspension of driving privileges on the reservation for six (6) months.

In addition to any other penalties imposed on a person convicted of a traffic offense, the

Court may prohibit or set restrictions on the operation of a vehicle by such person on

any road within the jurisdiction of the Burns Paiute Tribe for a period not to exceed one

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year, or may utilize the provisions for the for the suspension or revocation of driver’s

licenses.

OPEN CONTAINER FINE

$100.00

ALL OTHER VIOLATIONS NOT INCLUDED ABOVE

$50.00

ALTERNATE JURISDICTION

Any non-Indian accused of a traffic crime or traffic infraction over whom the Tribal Court

has no jurisdiction shall be referred to either Harney County Justice Court of Harney

County Circuit Court for prosecution.

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CHAPTER 3.4

CENTRAL RECORDS

DEPOSITORY

Criminal records kept by tribal court clerk’s office.

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CHAPTER 3.5

FIREWORKS

[RESERVED FOR EXPANSION]

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TITLE 4

NATURAL AND CULTURAL

RESOURCES

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TITLE 4 NATURAL AND CULTURAL RESOURCES

TABLE OF CONTENTS

CHAPTER 4.1 HUNTING

Tribal Hunting Permits

4.1.1 Possession

4.1.2 Definitions

4.1.3 Designated Party

4.1.4 Ceremonial Hunting

4.1.5 Youth Hunters

4.1.6 Issuance

Weapons

4.1.10 Weapons

Hunting Areas

4.1.20 Hunting Areas

Restrictions

4.1.30 Restrictions

Civil Violation

4.1.40 Civil Violation

Hunting Regulations for the Burns Paiute Indian Reservation

4.1.50 Game Birds

4.1.51 Bag Limits

4.1.52 Hunting Season for Game Birds

4.1.53 Hunting Season for Deer

4.1.54 Bag Limit for Deer

4.1.60 Area

4.1.61 Livestock and Pets

4.1.62 Target Practice

Permits

4.1.70 Duration

4.1.71 Area

4.1.72 Possession

4.1.73 Permit Forms

CHAPTER 4.2 CULTURAL RESOURCE PROTECTION

Cultural Resources Protection

4.2.100 Title

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4.2.101 Tribal Policy and Legislative Intent

Cultural Resources Office and Burns Paiute Cultural Coalition Committee; Protection of

Cultural Resources

4.2.110 Cultural & Heritage Department & Committee

4.2.111 Protection of Cultural Resources-General Rules

4.2.112 Designation of Culturally Significant

4.2.113 Tribal register of Cultural Sites-Protected Sites Status

Cultural, Ethnographical, Historical, and Archaeological Studies

4.2.114 Permission Required-Cultural Resources Office

Offenses Against the Burns Paiute Tribe

4.2.115 General Offenses

4.2.116 Indian Offenses

4.2.117 Violation of Permit Terms

Tribal Court; Tribal Prosecutor; Law Enforcement

4.2.130 Tribal Court Jurisdiction

4.2.131 Tribal Prosecutor

4.2.132 Burns Paiute Tribal Police Department

4.2.133 Appeals

4.2.134 Culture & Heritage Department - Appeal of Office Decisions

4.2.135 Administrative Appeals - Appeal of Council Decisions

Penalties for Violations

4.2.150 Criminal Penalties

4.2.151 Civil Penalties

4.2.152 Civil Damages

4.2.153 Forfeiture of Contraband

4.2.154 Suspension of Privilege to Exercise Traditional Rights on the Burns Paiute

Reservation

4.2.155 Seizure of Security

4.2.156 Removal from Reservation

4.2.157 Tribal Policy with Regard to Management Activities Outside the Burns

Paiute Reservation

4.2.158 Reports of Significant Activity Outside of the Burns Paiute Reservation

4.2.159 Exercise of Traditional Rights on Tribal Lands and Lands Managed by the

Burns Paiute Tribe

American Indian Religious Freedom Act

4.2.170 Tribal Policy and Legislative Intent

4.2.171 Protection of Indian Religious Freedom

4.2.172 Protection of Sacred Sites and Recovery of Sacred Resources

4.2.173 Receipt of Artifacts and Cultural Resources Donated and Purchase

4.2.174 Access to Sacred Sites

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Protection of Indian Graves

4.2.180 Tribal Policy and Legislative Intent

4.2.181 Procedures for Obtaining Consent

4.2.182 Native American Graves Protection and Repatriation Act

4.2.183 Standards and Procedures for the Discovery and Handling of Ancestral

Human Remains

Oregon Land Conservation and Development Commission; Goal 5 Implementation

4.2.190 Tribal Policy and Legislative Intent

Miscellaneous

4.2.200 Tribal Contracting with Federal and State Agencies

4.2.201 Application-Code

4.2.202 Severability

4.2.210 Definitions

(a)

"Adverse effect"

(b)

"Agricultural use"

(c)

"Ancestral burial site" or "Burial Site"

(d)

"Ancestral human remains" or "Human Remains"

(e)

"Archaeological resource"

(f)

"Archaeological site"

(g)

"Burns Paiute Tribal Council"

(h)

"Buffer Zone"

(i)

"Clearance"

(j)

"Clearance permit"

(k)

"Consultation"

(l)

"Cultural resources"

(m)

"Cultural Resources Protection Program"

(n)

"Cultural Resources Studies"

(o)

"Cultural site"

(p)

"Cumulative Effects"

(q)

"Funerary objects"

(r)

"General Council"

(s)

"Genetic descendent"

(t)

"Ground Disturbing Activity"

(u)

"Historic site"

(v)

"Human remains"

(w)

"Indian"

(x)

"In situ"

(y)

"Mitigation"

(z)

"Museum collections"

(aa) "Native American"

(bb) "Objects of Cultural Patrimony"

(cc) "Post-depositional disturbance"

(dd) "Protected lands"

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(ee)

(ff)

(gg)

(hh)

(ii)

"Protected objects"

"Protected object classification"

"Protected sites"

"Reburial"

"Reconnaissance Survey"

CHAPTER 4.3 RANGELAND MANAGEMENT

[RESERVED FOR EXPANSION]

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CHAPTER 4.1

HUNTING

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CHAPTER 4.1 HUNTING

TRIBAL HUNTING PERMITS

4.1.1 Possession

All hunters of the Burns Paiute Tribe must have in their possession while hunting a

properly issued Burns Paiute Tribal Hunting Permit. A hunter shall be considered to be

hunting without a permit if the permit has been altered or defaced in any way, or if false

information was given in applying for the permit.

4.1.2 Definitions

A hunter is defined as a Burns Paiute Tribal Member. A designated party shall mean

Burns Paiute Tribal member.

4.1.3 Designated Party

If a Tribal Member is unable to hunt for him/herself, a permit will be issued to a

designated party on the person’s behalf. A tribal member convicted of a felony may

have a designated hunter under this section.

4.1.4 Ceremonial Hunting

For ceremonial hunting purposes, the Tribal Council will designate hunters only for that

purpose. Special hunting will only be for funerals, Reservation Day and other special

dinners.

4.1.5 Youth Hunters

Hunters 17 years of age and under must be accompanied by an adult and possess a

Hunter’s Safety Course Card.

4.1.6 Issuance

Burns Paiute Tribal Hunting Permits shall be issued by the Tribal Court Clerk or Tribal

Police upon receipt and approval of the hunter’s application.

WEAPONS

4.1.10 Weapons

The only weapons that may be used for hunting on the Burns Paiute Reservation are

.223 cal. or larger for big game and shotguns for game birds, traditional or compound

bow, rim fire (.22 cal.) for small game. Traditional or compound bow may be used for

any of the above listed species in lieu of rifle or shotgun.

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HUNTING AREAS

4.1.20 Hunting Areas

Hunting is permitted only in those designated areas of the Burns Paiute Reservation

where it is permissible under the Tribal Laws to fire weapons.

The only allotment under Tribal control that is legal to hunt is Allotment 111.

RESTRICTIONS

4.1.30 Restrictions

All tribal members are subject to the following restrictions:

(a) Hunting is permitted only from ½ hr. before sunrise to ½ hr. after sunset;

(b) Hunting with an artificial light is prohibited;

(d) Firing a weapon across a maintained public/tribal road is prohibited; and hunting

from a motorized vehicle is prohibited; and

(e) Bag limits, weapons, and other hunting regulations adopted by the Burns Paiute

Tribal Council must be obeyed.

CIVIL VIOLATION

4.1.40 Civil Violation

Any person who violates any provision of these hunting laws commits a civil violation.

Penalty for the first civil violation shall not exceed payment of a fine of more than $250,

forfeiture of weapons and game, and the suspension of hunting privileges for 2 years.

Penalty for the second and additional civil violations shall not exceed payment of a fine

of not more than $500, forfeiture of weapons and game, and the suspension of hunting

privileges indefinitely.

If the violator is not an enrolled member of the Burns Paiute Tribe, then in addition to

the above penalties the violator may be prosecuted under federal law (18 U.S.C. 51165)

and/or excluded from the Burns Paiute Reservation.

HUNTING REGULATIONS FOR THE BURNS PAIUTE INDIAN RESERVATION

4.1.50 Game Birds

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The only game birds that may be hunted are the following:

(a) Ring-necked Pheasants

(b) Hungarian and Chukar Partridges

(d) Waterfowl: (ducks and coots) to be set by State regulations

4.1.51 Bag Limits

Daily bag limits are as follows: to be set by State regulations

(a) Ring-necked Pheasants: three (3)

(b) Hungarian and Chukar Partridges: six (6)

(d) Waterfowl: According to State regulations

4.1.52 Hunting Season For Game Birds

(a) Ring-necked Pheasants: October 16.November 28

(b) Hungarian/Chukar Partridges: October 16.December 31

(d) Waterfowl: according to State regulations

4.1.53 Hunting Season For Deer

August 15 through Oct. 15 – Buck 2 point or better and Doe.

4.1.54 Bag Limit for Deer

Bag limit: one (1).

WEAPON FIRING REGULATION

This regulation designates the area where weapons may be fired under Burns Paiute

Tribal Laws, 3.1.112 Weapons, Firing.

4.1.60 Area

No discharging of firearms will be permitted within home site and building areas of Old

Camp, New Camp (lower housing), and the New Housing Development (upper housing)

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which includes the Community Center and Tribal Court. The term “within the home site

and building areas” means within 500 feet of any building in the named areas.

4.1.61 Livestock and Pets

No discharging of firearms when livestock and pets are within, or may reasonably be,

within range of the weapons used.

4.1.62 Target Practice

Target practice will be limited to Brown’s Canyon only.

PERMITS

4.1.70 Duration

Permits for hunting on reservation land will be issued for one year.

4.1.71 Area

Maps will be issued showing allowable designated hunting areas.

4.1.72 Possession

Each hunter must carry permit when hunting.

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CHAPTER 4.2

CULTURAL RESOURCE

PROTECTION

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CHAPTER 4.2 CULTURAL RESOURCE PROTECTION

CULTURAL RESOURCE PROTECTION

4.2.100 Title

This section of the Burns Paiute Tribal Code shall be referred to as the Burns Paiute

Cultural Resources Protection and Management Code.

4.2.101 Tribal Policy and Legislative Intent

The Burns Paiute Tribe affirms its authority and commitment to the preservation,

protection and promotion of Tribal culture and heritage. This trust includes the

management of ancient and contemporary cultural use sites and resources fundamental

in the recognition of traditional life ways, values and histories of The Burns Paiute Tribe.

These cultural sites and resources include those associated with traditional foods and

other natural resources, other sacred sites as designated by The Burns Paiute Tribe,

habitations, and historical events and personalities.

It is recognized that these are an invaluable, irreplaceable and endangered Tribal

resource. It is a basic Tribal intent that these resources be protected and preserved within

the traditional Tribal territorial limits. It is the intent of The Burns Paiute Tribe to protect,

preserve and manage cultural resources by the use of policy, statutory prohibitions and

regulations. In keeping with this intent, the following policies are established:

(1)

It is a policy of The Burns Paiute Tribe to encourage all persons knowing the

locations of archaeological, historical or cultural sites to report this information to the

Cultural Resources Protection Program.

(2)

It is a policy of The Burns Paiute Tribe to encourage all property owners, land

managers and developers in the Central and Eastern Oregon area to adhere to federal,

state and Tribal laws protecting archaeological, cultural and historical properties.

(3)

It is a policy of The Burns Paiute Tribe to recognize that all activities to preserve

and maintain the culture of its people is a legitimate and necessary Tribal governmental

function, and may require the expenditure of Tribal funds.

(4)

It is a policy of The Burns Paiute Tribe that the cultural education of Tribal members

is of equal or greater importance to the long-term welfare of The Burns Paiute Tribe and its

members, as is traditional schoolroom education in that it provides the foundation for the

perpetuation of The Burns Paiute Tribe as a distinct political and cultural entity.

(5)

It is the policy of The Burns Paiute Tribe to recognize, respect and foster the wide

range of cultural and traditional diversity present among Reservation families, and

individual Indians.

(6)

It is a policy of The Burns Paiute Tribe to discourage excavations because of the

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disturbance of their on and off Reservation, persons, places and property. This chapter

should not be interpreted to encourage excavations or studies on or off the Reservation.

The intent of this chapter is to regulate and strictly control such activity when and if it does

take place.

(7)

It is a policy of The Burns Paiute Tribe to encourage the Tribal Council to participate

in the decision making process regarding the Native American Graves Protection and

Repatriation Act. The Burns Paiute Tribe shall notify the Tribal Membership of repatriation

of ancestral human remains.

(8)

The Burns Paiute Tribe, to manage and protect all cultural, natural and wildlife

resources within the territorial jurisdiction of The Burns Paiute Tribe in a manner, which

preserves, protects and/or enhances the vitality of the resource. To the extent that other

tribal laws or regulations are not affected.

(9)

In addition to other areas of cultural resources protection and management, this

Chapter will provide guidance and authorization for the Cultural Resources Protection

Program, Burns Paiute Cultural Coalition Committee to undertake actions which assist The

Burns Paiute Tribe in preserving, protecting and perpetuating The Burns Paiute Tribe’s

language, legends and lore, songs, dances, art, music, crafts, technology, and cosmology.

(10) In addition to relevant Federal and State laws, regulations, and guidelines, Tribal

laws and policies are established by this Chapter that will protect archaeological, cultural,

and historical sites and resources.

CULTURAL RESOURCES OFFICE AND BURNS PAIUTE CULTURAL COALITION

COMMITTEE; PROTECTION OF CULTURAL RESOURCES

4.2.110 Cultural & Heritage Department & Committee

(1)

The Burns Paiute Cultural Resources Office shall endeavor to increase efforts in

protecting, locating, documenting, and evaluating cultural and historic sites and resources.

This information will provide a record of the past for future generations. Information on

sites recorded in tribal traditional areas will also be collected and evaluated as available.

The Cultural Resource Office is further authorized to seek funding from federal, state and

private sources to aid in the enforcement of this Chapter in accordance with existing Burns

Paiute Tribal Policy.

(2)

Pursuant to the provisions contained under BPTC Chapter 3.1, the Cultural

Resources Office is authorized to seek and obtain the assistance of the Burns Paiute

Tribal Police Department and other law enforcement agencies for the investigation,

prosecution and enforcement of any provision of this Chapter.

(3)

Pursuant to Article 1, Section (7) of the Burns Paiute Tribal Constitution and

Bylaws, a Burns Paiute Cultural Coalition Committee shall be established to provide

oversight for the cultural resources management activities and Cultural Resource

programs. The Committee shall operate pursuant to a set of Bylaws approved of by the

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Burns Paiute Tribal Council. This Committee shall perform its duties in a manner

consistent with established Tribal, Federal, and State laws.

(4)

The Cultural Resources Office shall be the repository for the following cultural

resources information: archive of all known places of cultural significance including but not

limited to places of spiritual significance, traditional use hunting areas, traditional root

gathering areas, fiber and lithic material collecting areas, burial locations, and

geographical locations exhibiting archaeological evidence of “pre-contact” and “postcontact” habitation.

(5)

Access to the collections and archives for educational and research purposes will

be controlled by the Burns Paiute Tribal Council in consultation with the Burns Paiute

Cultural Resource Office, and the Burns Paiute Cultural Coalition Committee. All

documents and information regarding cultural resources contained with the repository

are considered to be sensitive and confidential and are exempt from the Freedom of

Information Act.

(6)

The Cultural Resources Office and the Burns Paiute Cultural Coalition Committee

are authorized to develop rules and procedures for the use and disclosure of sensitive and

confidential information. Such rules and procedures are subject to final approval of Burns

Paiute Tribal Council.

4.2.111 Protection of Cultural Resources-General Rules

It is the intent of this Section to protect resources of particular cultural significance to the

Burns Paiute Tribe. This Section is intended to prevent the willful and/or the inadvertent

destruction, damage, loss, desecration, theft and or illegal sale of cultural resources.

The following rules are established to provide general protection of cultural resources.

(1)

All Tribal land use actions shall take into consideration the possible impact of the

land use action to archaeological, historical and cultural sites and resources as required by

federal, state, and tribal law.

(2)

The Cultural Resources Office shall conduct a reconnaissance survey of all

proposed land use developments and or proposed ground disturbing activities prior to

final approval of any land use development project and/or ground disturbing activity as

required by federal, state, and tribal law. The Office may issue a conditional clearance

permit if the proposed development has already been surveyed or the probability of

adverse affect to cultural resources has been determined to be non-existent or

negligible.

(3)

All proposed land use developments, whether industrial, agricultural, forest

practices, home development, or commercial in nature, must have a "clearance" from the

Cultural Resources Office pursuant to BPTC Chapter 4.2. For the purposes of this

section, "clearance" means that adequate research has been completed to the satisfaction

of the Cultural Resources Office in accordance with Tribal, federal and state laws. In order

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to proceed with development, the results of such research must indicate that no adverse

affect will occur to significant cultural resources as a result of any land use development.

(4)

Any proposed land use development which has been determined through research

to pose adverse affect to significant cultural resources, may proceed only after a mitigation

plan has been developed which reduces adverse affect to an insignificant level. All

proposed mitigation plans must be approved of by the Cultural Resources Office in

consultation with the Burns Paiute Culture and Heritage Committee, and the Burns Paiute

Elders Committee.

(5)

The following land uses and activities are exempt from the permit process:

(a)

Home gardens less than one (1) acre in size.

(b)

Tree, grasses and shrubbery planting and existing nursery operations. This

includes wildlife habitat enhancement projects that do not require or include additional

ground disturbing activities.

(c)

Fence construction, telephone and power pole placements.

(d)

Home dwelling/Building additions, modifications and renovation. Any such

additions, modification or renovation must be appended to existing structures (project

dependant).

(e)

Buildings/structures less than two hundred (200) square feet in area which are

accessory to an existing dwelling or building (project dependant).

(f)

General landscaping around home dwellings/structures.

(g)

Root and food gathering and processing operations.

(h)

Agricultural uses as defined, except new cultivation. New cultivation shall be

defined as any operation that would cultivate land that has not been cultivated, or has lain

idle for more than five (5) years.

(i)

Maintenance, repair or operation of cemeteries, existing roads, railroads, utility

facilities, ditches and irrigation canals (project dependant).

4.2.112 Designation of Culturally Significant

For the Purposes of this chapter, the following list hereby enumerates designated items

of cultural significance and/or subjects of extreme cultural interest and sensitivity. The

list is not exhaustive and may be expanded by amendment to this Chapter.

(1)

Earth, Air and Water, to the extent that other Tribal Laws, Rules or Regulations do

not provide general protection of these resources.

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(2)

Human Remains obtained by any federal, state or local agency, and any public or

private foundation, company, educational institution, museum or individual, within

aboriginal territory.

(3)

Funerary items, any jewelry, regalia, tools, sacred objects, clothing, works of art or

any other item thought to have been associated, found or obtained at or near a burial site.

(4)

Native Wild Plants, any native wild traditional plant, or plant parts, plant extract, tree

or tree parts, tree extract, grasses, root, bark, seed, or berry used for sustenance, clothing,

lodging, regalia, ceremony, arts and crafts, tools, nets, weapons and healing, by Indian

people, traditionally, historically, and contemporarily.

(5)

Native Wild Game, any native wild traditional game animal or fish or parts, used for

subsistence by Indian people, traditionally, historically, and contemporarily.

(6)

Medicines, any traditional plant, animal, or animal parts, mineral, object, water, or in

any combination thereof, used for medicinal purposes by Indian peoples, traditionally,

historically and contemporarily.

(7)

Native Wild Animals, any wild mammal, bird, fish, insect, reptile or amphibian, parts,

hides, skins, bones, teeth, hair, or feathers, not used for sustenance, but have traditional,

historical and contemporary value to the Burns Paiute Tribe in preserving Tribal culture,

tradition, history, rights and interests.

(8)

Material associated with traditional habitation and subsistence practices such as

stones, stone tools, stone works of art, stone flakes, bones, bone tools, shells and any

other objects commonly associated with archaeological finds or undertakings.

(9)

Petroglyphs, Pictographs and Petrographs, any work of art that has been etched

into stone, with or without the use of pigment, or any work of art that has been placed upon

stone by the mere use of pigment. Petroglyphs, Pictographs, and Petrographs shall

include only those works of art that have been identified to have traditional and or historic

value to the Burns Paiute Tribe and shall not include contemporary works of art or "graffiti".

4.2.113 Tribal Register of Cultural Sites-Protected Sites Status

The Cultural Resources Office shall develop and maintain a register of all known burial,

sacred, cultural, archaeological and historic sites. All such listed properties on the Burns

Paiute Reservation shall be accorded "protected site status". The Cultural Resources

Office shall work with Federal and State agencies to include off-reservation Tribalregistered sites on National or State Registers of Historic Sites or Places. All proposed

developments or activities which may adversely affect a protected site on the Burns Paiute

Reservation must be approved by the Burns Paiute Cultural Coalition Committee. The

(1)

A status report regarding the register shall be made annually to the Burns Paiute

General Council. Such report shall be made by the Burns Paiute Cultural Coalition

Committee.

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(2)

Criterion for site selection and registration shall be developed by the Burns Paiute

Cultural Coalition Committee.

(3)

The Burns Paiute Cultural Coalition Committee may by regulation restrict public

access to portions of the Tribal Register of Cultural Sites. Many of the sites will require

security measures to prevent public promulgation of their location and content. This

Section is intended to prevent the potential adverse affect if site information is publicly

released. In restricting public access, the Committee need only consider the nature of the

sites contained in the Register proposed for public access restriction and the potential for

adverse affect if the sites are not restricted. The decision to publicly release or not release

information regarding any protected site is within the discretion of the Burns Paiute

Cultural Coalition Committee and the Burns Paiute Tribal Council. Any person may file an

appeal of the decision of the Committee to the Burns Paiute Tribal Court pursuant to

BPTC Chapter 4.2.

CULTURAL, ETHNOGRAPHICAL, HISTORICAL AND ARCHAEOLOGICAL STUDIES

4.2.114 Permission Required-Cultural Resources Office

(1)

A person knowing or having reason to know that a Protected Site or Protected

Object is involved may not excavate, alter or conduct any phase of construction on or near

a protected site on protected lands, conduct a field investigation, or make an exploratory

excavation on protected lands to determine the presence of a Protected Site, remove from

Protected Lands any Protected Object, without first obtaining a permit issued by the

Cultural Resources Office. Any person found to be in violation of this Section, is subject to

the penalties described in BPTC Chapter 4.2.

(2)

Persons conducting historic, cultural or ethnographic research on the Burns Paiute

Tribe and other tribally owned or controlled lands shall first apply for and obtain permission

from the Burns Paiute Tribal Council and obtain a permit issued in conformance with

BPTC Chapter 4.2.

(3)

Any person conducting archaeological excavations, surveys, or any fieldwork, shall

submit original copies of all work performed on tribally owned or controlled lands to the

Cultural Resources Office. All reports submitted conform with Tribal standards. Any such

reporting not in accordance will constitute a violation of a permit term punishable under

BPTC Chapter 4.2.

(4)

The Cultural Resources Office in the Burns Paiute Cultural Coalition Committee

shall develop procedural rules and regulations for the issuance of permits described in

BPTC Chapter 4.2.

(5)

The Cultural Resources Office is authorized to require conditions regarding any

permits issued. Such conditions may include but not be limited to, the use of Tribal

members to serve on field crews, as interpreters and as monitors. Conditions may also be

placed upon permits regarding the when, where, how and with whom historic, cultural and

or, ethnographic research is conducted. Non-compliance with the conditions placed upon

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a permit shall be treated as a violation of permit terms, punishable pursuant to BPTC

Chapter 4.2.

(6)

The Cultural Resources Office may suspend a permit for cause upon determining

that any term or condition of a permit is not being met by a permit-holder.

(7)

The Cultural Resources Office may issue a Stop Work order and suspend a permit

for cause upon determining that continuation of activities under a permit would not be in

the best interests of the Burns Paiute Tribe. Such a suspension is made without liability to

the Burns Paiute Tribe, its agents or employees. Such a suspension shall not prejudice

the ability of the permit holder to hold or obtain other permits. Any stop work order or

suspension of a permit by the Cultural Resources Office shall have the force of law and

non-compliance with a stop work order or suspension, shall be actionable and punishable

pursuant to the provisions contained in BPTC Chapter 4.2.

(8)

Any Tribal member conducting research into personal family history, Tribal history

or conducting cultural resources research, which is not part of any undertaking, or

research that is non-profit for family or personal use, is exempted from the permit

requirements of this Section.

OFFENSES AGAINST THE BURNS PAIUTE TRIBE

4.2.115 General Offenses

(1)

It shall be unlawful for any person who, knowing or having reason to know that a

protected site or object is involved shall excavate, injure, remove, damage, destroy, alter

or remove a protected on tribally owned or controlled land unless that activity is authorized

by a permit issued pursuant to BPTC Chapter 4.2.

(2)

It shall be unlawful for any person to knowingly sell, purchase, exchange, transport,

barter, receive or offer to sell any protected object. If such object was excavated or

removed from protected lands in violation of: (a) the prohibition contained in subsection

(1) of this Section, or (b) any provision, rule, regulation, ordinance, or permit in effect under

any other provision of Tribal, federal, or state law.

(3)

It shall be unlawful for any person to undertake any activity or program that may

result in changes in the character or use on lands tribally owned or controlled unless that

undertaking is authorized by permit pursuant to BPTC Chapter 4.2.

(4)

It shall be unlawful for any person, firm, association, company, partnership, holding

company, club, society, Tribal, state, or federal agency, to undertake any ground

disturbing activity on the Reservation without having first obtained a permit pursuant to

BPTC Chapter 4.2. Any person conducting any ground disturbing activity without a permit

is subject to the criminal and/or civil penalties described in BPTC Chapter 4.2 and 3.1.

(5)

It shall be unlawful for any person to make an unauthorized disclosure of sensitive

or confidential information, which may result in the destruction, damage or loss of any

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cultural resource. Violations of this section are subject to the penalties described in BPTC

Chapter 4.2.

(6)

It shall be unlawful for any person to knowingly disobey, disregard or not comply

with a stop work order as duly issued by the Cultural Resources Protection Program.

Violations are subject to criminal and, or civil penalties described in BPTC Chapter 4.2 and

3.1.

4.2.116 Indian Offenses

(1)

It shall be unlawful for any Indian person to sell, purchase, offer to sell or

transport any protected objects. Any Indian person engaging in any such activities shall

be subjected to criminal or civil sanctions imposed by the provisions contained in this

Chapter and any other applicable law.

(2)

It shall be unlawful for any Indian person to gather, collect, possess with intent to

sell, sell or offer to sell, buy or offer to buy or transport any cultural resources which have

been classified as "protected objects" by Burns Paiute Tribal Code.

4.2.117 Violation of Permit Terms

It shall be unlawful for any person to not fully comply with the terms of a permit issued

pursuant to BPTC Chapter 4.2 and shall be subject to civil prosecution pursuant to BPTC

Chapter 4.2 BPTC 2.3.40 to 2.3.153.

TRIBAL COURT-TRIBAL PROSECUTOR-LAW ENFORCEMENT

4.2.130 Tribal Court Jurisdiction

The Tribal Court for The Burns Paiute Tribe shall have original criminal and civil

jurisdiction to hear all cases arising under this Chapter. All criminal cases including

appeals, arising under this Chapter shall be governed by the Burns Paiute Tribal Law

and Order Code for the Burns Paiute Tribe. All civil cases shall be prosecuted by the

Tribal Prosecutor and the Burns Paiute Tribe shall have the burden of proving any civil

pleading by a preponderance of the evidence. The Tribal Court shall issue warrants for

criminal violations of this Chapter in conformance with established procedural rules

contained in the Burns Paiute Tribal Law and Order Code. The Tribal Court may issue

Administrative Warrants for civil violations of this Chapter pursuant to procedural rules

established by the Burns Paiute Tribe and the Tribal Court. Except as otherwise

provided, all civil trials shall be to the court without a jury. Nothing in this Chapter shall

be construed to be a waiver of the Burns Paiute Tribes’ sovereign immunity from suit.

4.2.131 Tribal Prosecutor

The Tribal Prosecutor for The Burns Paiute Tribe, in conjunction with the Tribal Police

Department and the Cultural & Heritage Department shall be responsible for the

investigation and for the criminal and civil prosecutions of all cases arising under this

Chapter.

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4.2.132 Burns Paiute Tribal Police Department

The Burns Paiute Tribal Police Department, with the assistance of the Burns Paiute

Cultural & Heritage Department, shall be responsible for the investigation and

enforcement of the provisions contained in this Chapter.

4.2.133 Appeals

The Burns Paiute Tribal Court of Appeals shall have jurisdiction to hear all appeals arising

under this Chapter. The Burns Paiute Tribal Law and Order Code shall govern all appeals

regarding criminal actions brought under this Chapter. All cases filed in the Burns Paiute

Tribal Court as Civil Causes of action, may be appealed to the Burns Paiute Tribal Court of

Appeals as follows:

Any party wishing to appeal shall file a Notice of Appeal with the Burns Paiute Tribal Court

and the Northwest Intertribal Court of appeals pursuant to BPTC Chapter 1.1.280, et

seq. within ten (10) working days after the decision being appealed is rendered.

4.2.134 Culture & Heritage Department - Appeal of Office Decisions

Any administrative action or decision made pursuant to this Chapter by the Burns Paiute

Cultural & Heritage Department, which is a final action for the Burns Paiute Tribe, may

be appealed by any party adversely affected by such action. Any appellant adversely

affected by an administrative action taken by the Cultural Resources Protection

Program shall be entitled to review of the action before the Burns Paiute Tribal Council

as follows:

(1)

Notice of Appeal under the provisions of this part must be filed with the Burns

Paiute General Manager within ten (10) working days of receipt of notice of a final action

by the of Cultural Resources Protection Program.

(2)

Review by the General Manager shall be limited to ensuring that the decision or

administrative action taken by the Cultural Resources Protection Program complies with

Tribal Law.

(3)

Upon official receipt of any filed Notice of Appeal, the General Manager shall, within

fifteen (15) days, hold a hearing pursuant to the Committee’s Bylaws to reach a decision

regarding any such appeal. After the conclusion of any hearing(s) held, the General

Manager shall within ten (10) days, render a written decision regarding the appeal.

4.2.135 Administrative Appeals - Appeal of Council Decisions

Any appellant adversely affected by a Tribal Council decision on appeal, shall be entitled

to a review of such decision in the Burns Paiute Tribal Court. Judicial Review of any such

decision shall be conducted as follows:

(1)

Any party wishing to appeal shall file a Notice of Appeal with the Burns Paiute

Tribal Court within ten (10) working days after the decision being appealed is rendered.

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(2)

Grounds for Appeal.

(a)

A party may appeal a final order of the Burns Paiute Tribal Council to the Burns

Paiute Tribal Court upon an allegation, made in good faith, that an error was made by the

Burns Paiute Culture and Heritage Committee that prejudiced the outcome of the

proceeding before the Tribal Council or that an error was made by the Tribal Council in the

interpretation of law; and

(b)

Judicial Review by the Burns Paiute Tribal Court shall include review which ensures

that the appellant received due process of law and that all rights of the appellant under the

Indian Civil Rights Act (25 U.S.C. 1301.1303) were observed.

(3)

Appeals from the Tribal Council to the Burns Paiute Tribal Court shall proceed in

the tribal court as an ordinary civil or criminal action, as the case may be.

PENALTIES FOR VIOLATIONS

4.2.150 Criminal Penalties

Any Indian who knowingly violates, or counsels, procures, solicits, or employs any other

person to violate, any prohibition contained in this Chapter shall, upon conviction, be fined

not more than $5,000 or imprisoned not more than one year, or both with costs. Such

person may also be subject to the civil penalties provided for in BPTC Chapter 4.2 and

2.3.40 to 2.3.153. Any criminal prosecution of an Indian person for a violation of this

Chapter, shall be governed by the Burns Paiute Tribal Law and Order Code and all rules

of the Tribal Court regarding criminal prosecutions.

4.2.151 Civil Penalties

Any person violating the provisions of this Chapter commits a civil infraction punishable by

fine or exclusion from the Reservation. Exclusion from the reservation shall be conducted

pursuant to the Burns Paiute Tribal Exclusion Code. The infraction shall be punishable by

a maximum fine of $5,000. Except as otherwise provided, the trial of any such infraction

shall be by the Court without a jury and the prosecution shall have the burden of proving

the alleged infraction by a preponderance of the evidence.

4.2.152 Civil Damages

Any person violating the provisions of this Chapter shall be liable to The Burns Paiute

Tribe for civil damages to be assessed by the jury after a trial by jury wherein the jury has

made a finding to the amount of damages. "Civil damages" shall be interpreted liberally by

the jury to include, but not be limited to the following:

(1)

Costs of restoration of a protected site.

(2)

Enforcement costs associated with the enforcement of the provisions of this

Chapter.

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(3)

Costs associated with disposition of protected objects, including, reburial.

(4)

Costs associated with documentation, testing, and evaluation of a protected site in

order to assess the characteristics of the site.

4.2.153 Forfeiture of Contraband

All Protected Objects obtained in violation of the provisions of this Chapter shall be

deemed contraband and forfeited to the Burns Paiute Tribe after a hearing without a jury,

in the Tribal Court.

Any and all vehicles and equipment used in commission in violation of this chapter shall be

seized.

4.2.154 Suspension of Privilege to Exercise Traditional Rights on the Burns Paiute

Reservation

In addition to any other criminal or civil penalty imposed, Tribal members exercising

traditional hunting, gathering and pasturing rights in violation of the terms of BPTC chapter

4.2 may have those privileges suspended by the Tribal Court after a hearing. The Tribal

Court may impose such a suspension after receipt of a recommendation for a suspension

from the Tribal Prosecutor. The Tribal Prosecutor may make such a recommendation with

the concurrence of the Burns Paiute Cultural Coalition Committee. The Tribal Court shall

establish the terms and period of suspension not to exceed two (2) years.

4.2.155 Seizure of Security

At the discretion of the citing police officer, the officer may seize such property in the

possession of the defendant as the officer deems reasonably necessary to secure

payment of any fine or civil damages which may be levied upon the defendant upon

conviction of the infraction or crime. The officer shall, at the time of seizure, give to the

defendant a receipt accurately describing the item(s) seized.

4.2.156 Removal from Reservation

The citing police officer may remove or escort from the Reservation any person committing

a violation of this Chapter, pursuant to BPTC Chapter 3.2.

4.2.157 Tribal Policy with Regard to Management Activities Outside the Burns Paiute

Reservation

It is the policy of the Burns Paiute Tribe to reaffirm and reacquaint all federal agencies with

their trust responsibility to the Burns Paiute Tribe. The trust responsibility means that

proper and adequate management regimes which provide the optimum level of trust

protection for important natural resources and ecosystems that provide much of the Burns

Paiute Tribal cultural resources. It is through this trust responsibility that comprehensive

and meaningful cultural resources management may be developed and fostered. It is the

policy of the Burns Paiute Tribe to encourage management activity by city, county, state

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and federal agencies outside the Burns Paiute Reservation, which will enhance, protect

and preserve the traditional rights of the Burns Paiute Tribe.

It shall also be the policy of the Burns Paiute Tribe to seek, negotiate and obtain contracts

with federal, state and private agencies to perform Cultural Resource Protection surveys,

studies and excavations that ultimately enhance, protect and preserve the cultural,

historical interests and traditional rights of the Burns Paiute Tribe. The Burns Paiute Tribe

encourages the establishment of memoranda of agreement with appropriate persons and

agencies to effectuate the policies contained in this section.

4.2.158 Reports of Significant Activity Outside of the Burns Paiute Reservation

Members of the Burns Paiute Tribe, Tribal employees, and others are hereby

encouraged to report to the Burns Paiute Cultural Coalition Committee or Tribal Police

all activity outside the Burns Paiute Reservation which might adversely affect Tribal

traditional rights and interests.

4.2.159 Exercise of Traditional Rights on Tribal Lands and Lands Managed by the Burns

Paiute Tribe

Members of the Burns Paiute Tribe shall exercise tribal rights on the Burns Paiute

Reservation and other tribal lands as follows:

(1)

Hunting and Fishing Rights shall be exercised in accordance with the provisions of

Tribal Hunting and Fishing Laws and Regulations.

(2)

Root, Berry and Food Gathering Rights shall be exercised in accordance with Tribal

custom and tradition.

(3)

Pasturing Rights shall be exercised in accordance with terms of a permit issued by

the Burns Paiute Tribe and, or the Federal Agency responsible for administering the

pasturelands.

(4)

To the extent that the Burns Paiute Tribe has not issued any rule or regulation, the

Burns Paiute Cultural Coalition Committee, may issue rules and regulations regarding the

harvest, possession, sale or use of any cultural resources. Such rules or regulations may

include but are not limited to:

(a)

Seasons: The Committee may establish seasons when cultural resources may be

harvested.

(b)

Locations: The Committee may establish closures on and off the Reservation.

This Section means that specific cultural resources may not be harvested by Tribal

members in closed areas.

(c)

Sale or Trade: The Committee is authorized to issue rules and regulations

restricting the sale, offer for sale, trade, barter, possession and use of cultural resources

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not in a protected class status. Such rules or regulations may include the prohibition of

any sales or commercial activity of cultural resources in a protected object status.

(5)

Any such rule or regulation issued by the Committee, must have as its purpose, the

protection and or preservation of any cultural resources, and or to prevent the waste,

abuse or adverse effect to an identified cultural resource.

(6)

When lands in question are not held in trust state regulations apply.

AMERICAN INDIAN RELIGIOUS FREEDOM ACT

4.2.170 Tribal Policy and Legislative Intent

On August 11, 1978, the Congress of the United States enacted Public Law 95-41 (92

Stat. 469), known as the "American Indian Religious Freedom Act", which provides "on or

after August 11, 1978, it shall be the policy of the United States to protect and preserve for

American Indians their inherent right of freedom to believe, express, and exercise the

traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including

but not limited to access to sites, use and possession of sacred objects, and the freedom

to worship through ceremonial and traditional rites." It is the policy of the Burns Paiute

Tribe to support this act.

4.2.171 Protection of Indian Religious Freedom

The Burns Paiute Tribal Council of the Burns Paiute Tribe may take such actions as are

necessary to implement the provisions of the American Indian Religious Freedom Act.

4.2.172 Protection of Sacred Sites and Recovery of Sacred Resources

(1)

The Burns Paiute Tribal Council shall take such actions as are necessary to protect

Sacred Sites identified by other persons hired or employed by the Burns Paiute Tribal for

the purpose of site identification. The Burns Paiute Tribal Council shall take such actions

as are necessary to recover Sacred Objects that have been illegally obtained, or obtained

without the consent or authorization by the Burns Paiute Tribe.

(2)

The Cultural & Heritage Department shall promulgate and enforce any regulations,

rules or policies developed to effectuate protection of Sacred Sites.

(3)

The Cultural & Heritage Department is authorized and encouraged to negotiate

memoranda of agreement with other tribes, state, federal and local agencies which outline

specific measures to protect Sacred Sites. The final authority to sign such agreements

rests with the Burns Paiute Tribal Council.

4.2.173 Receipt of Artifacts and Cultural Resources Donated and Purchase

It is the policy of the Burns Paiute Tribe that persons possessing resources, objects, or

other materials with religious, historical, or cultural significance to the Burns Paiute Tribe

be encouraged to donate these resources to the Burns Paiute Tribe in order to prevent the

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dispersion and loss of resources important to the preservation of the culture of the Burns

Paiute Tribe. The Burns Paiute Tribe discourages the use of sale or purchase to acquire

these resources, however, as a last resort, the purchase of these resources may be

authorized only after approval from the Burns Paiute Tribal Council.

The Burns Paiute Tribe reserves the right to seek legal redress through the appropriate

Court to obtain a court order for the return of cultural resources.

4.2.174 Access to Sacred Sites

The Burns Paiute Tribal Council shall take such actions as it deems necessary to ensure

that Tribal members are granted access to sacred sites.

PROTECTION OF INDIAN GRAVES

4.2.180 Tribal Policy and Legislative Intent

Oregon Revised Statutes 97.740 through 97.760 provide for the protection of Indian

graves. It is the policy of the Burns Paiute Tribe to support enforcement of these statutes.

ORS 97.750 provides:

(1)

If such action is necessary to protect the burial from imminent destruction, and

upon prior notification to the State Historic Preservation Office and to the appropriate

Indian tribe in the vicinity of the intended action, a professional archaeologist may

excavate a Native Indian cairn or grave and remove resource objects and human

remains for subsequent re-interment under the supervision of the Indian tribes.

(2)

Except as provided in subsection (1) of this section, any proposed excavation by a

professional archaeologist of a Native Indian cairn or grave shall be initiated only after prior

written notification to the State Historic Preservation Office and with the prior written

consent of the appropriate Indian tribe in the vicinity of the intended action. Failure of a

tribe to respond to a request for permission within 30 days of its mailing shall be deemed

consent. All resource objects and human remains removed during such an excavation

shall, following scientific study, be re-interred at the archaeologist's expense under the

supervision of the Indian tribe.

(3)

In order to determine the appropriate Indian tribe under this section and ORS

97.745, a professional archaeologist or other person shall consult with the Commission on

Indian Services which shall designate the appropriate tribe."

(4)

It is the intent of BPTC Chapter 4.2 to provide a mechanism for expeditiously

determining whether or not written consent for an excavation shall be given pursuant to

ORS 97.750(2).

4.2.181 Procedures for Obtaining Consent

A request for consent to excavate pursuant to ORS 97.750 shall be presented to the

Cultural & Heritage Department. The Cultural & Heritage Department shall direct

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269

appropriate representatives, employees and, or professionals under contract of the Burns

Paiute Tribe to conduct an investigation of the matter and make a formal written report to

the Burns Paiute Tribal Council within 20 days recommending whether or not to grant

consent to the excavation, and if consent is granted, what if any conditions should be

imposed on the excavation. Such conditions shall include the option of the Burns Paiute

Tribe to perform the excavation in full or in part and any other survey or preliminary work in

full or in part, under contract with the requesting party.

4.2.182 Native American Graves Protection and Repatriation Act

The Native American Graves Protection and Repatriation Act (NAGPRA) provides for the

protection of Native American graves and for the return and rep

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