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

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

TITLE 3
OFFENSES,
INFRACTIONS, AND
MOTOR VEHICLES

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
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
(c) To cause physical injury to the victim; 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.
(c) A person commits the crime of assault in the third degree if the person, with criminal
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.
(c) A person who has sexual intercourse with another person commits the crime of rape
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
(c) Engage in other conduct constituting a crime; 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.
(c) A person commits the crime of Fraudulent Use of a Credit Cart if, with intent to injure
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
(c) A person commits the crime of criminal trespass while in possession of a firearm
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.
(c) In addition to any other penalty imposed for a violation of this Section, the Tribal
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
(c) Sells to a person under 18 years of age any device in which tobacco, marijuana,
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
(c) Provides or aids in providing such person with money, transportation, weapon,
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
(c) Prevents the production of physical evidence by an act of force, intimidation 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;
(c) Disturbs any lawful assembly of persons without lawful authority;
(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.
(c) "Delivery” means the actual, constructive, or attempted transfer from one person to
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;
(c) Isomerization devices used, intended for use, or designed for use in increasing the
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;
(c) The proximity of the object, in time and space, to a direct violation of this chapter;
(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
(c) Farmland.

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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;
or
(c) Burns rubbish without a garden house connected to a water supply or other
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.
(c) “Punitive sanction” means a sanction imposed to punish a past contempt 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.
(c) A fine may be remedial or punitive. A fine is:
(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.
(c) A motion to initiate a proceeding under this section shall be filed in the proceeding to
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.
(c) Except as otherwise provided by this section, the accusatory instrument is subject to
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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(c) When the court issues a warrant for contempt, the court shall specify a security
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.
(c) The notice required by this section shall identify the witness whose testimony the
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.
(c) In a summary proceeding under Section 9 – Summary imposition of sanction – a
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.
(c) Proceeding to impose punitive sanctions is subject to the following time limitations:
(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.
(c) Unless specifically excepted or unless listed in another schedule, any material,
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.
(c) Unless specifically excepted or unless listed in another schedule, any injectable
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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(c) Nalorphine.
(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.
(c) D-lysergic acid.
(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.
(c) "Litter" means all waste material including but not limited to disposable packages or
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;
(c) Refuses to depart from or re-enters the Burns Paiute Reservation in violation of an
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.
(c) The presence of a lawful authority under this Section need not be disproved by the
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;
or
(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
$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;
(c) Hunting big game with a dog 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
(c) Valley Quail
(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)
(c) Valley Quail: eight (8)
(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
(c) Valley Quail: 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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CHAPTE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aburns_paiute%3A1a494bf3feeae2c2. Public record. Not legal advice.