# Tribal Code - Chitimacha Tribe of Louisiana; Tribal Law Gateway > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3A264dfaf232f451fd ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Tribal Code - Chitimacha Tribe of Louisiana; Tribal Law Gateway, National Indian Law Library; Native American Rights Fund Tribal Law Gateway | Chitimacha Tribe of Louisiana | Tribal Code Chitimacha Comprehensive Codes of Justice Table of Contents Updated: June 2022 The tribe makes their code available online. The links below will take you to the version of the code available on the tribe's website . Table of Contents Chitimacha Tribal Court - Rules of Court Title I - Courts CHAPTER 1. ESTABLISHMENT AND OPERATION OF TRIBAL COURT Sec. 101. Establishment of Tribal Court Sec. 102. Composition of the Courts Sec. 103. Records of the Court Sec. 104. Rules of Court Sec. 105. Services to Court by Tribal or Federal Employees Sec. 106. Criminal Jurisdiction of the Court Sec. 107. Civil Jurisdiction of the Court Sec. 108. Jurisdiction Over Persons Outside Reservation Sec. 109. Jurisdiction Over Suits Commenced by Tribe CHAPTER 2. ESTABLISHMENT AND OPERATION OF COURT OF APPEALS Sec. 201. Creation of Court of Appeals Sec. 202. Jurisdiction of Court of Appeals Sec. 203. Composition of Court of Appeals Sec. 204. Records of Court of Appeals Sec. 205. Right of Appeal Sec. 206. Procedure on Appeal of Criminal Cases Sec. 207. Procedure on Decision for Review in Civil Cases Sec. 208. Judgment against Surety Sec. 209. Record on Appeal Sec. 210. Briefs and Memoranda Sec. 211. Oral Argument CHAPTER 3. JUDGES Sec. 301. Term Sec. 302. Appointment Sec. 303. Qualifications of Judges Sec. 304. Salary and Bond CHAPTER 4. CHITIMACHA CODE OF JUDICIAL CONDUCT Sec. 401. Preamble Sec. 402. Scope Sec. 403. Application Sec. 404. Canons and Rules Sec. 405. Discipline and Removal of Judges Sec. 406. Miscellaneous CHAPTER 5. ATTORNEYS AND LAY COUNSELORS Sec. 501. Qualifications for admissions as attorneys and lay counselors Sec. 502. Roll of attorneys and lay counselors Sec. 503. Right to Counsel CHAPTER 6. CHITIMACHA RULES OF PROFESSIONAL CONDUCT Sec. 601. Preamble: A Lawyer’s Responsibilities Sec. 602. Scope Sec. 603. Rules Sec. 604. Disciplinary Process Sec. 605. Reciprocal Discipline Sec. 606. Conviction of Crimes Sec. 607. Funding and Reimbursement Sec. 608. Other Provisions and Interpretation of Rules CHAPTER 7. PROSECUTOR Sec. 701. Term Sec. 702. Appointment Sec. 703. Qualifications Sec. 704. Duties Sec. 705. Salary CHAPTER 8. COURT ADMINISTRATION Sec. 801. Office of Clerk Sec. 802. Qualifications Sec. 803. Duties Title IA - Peacemaker Court CHAPTER 1. GENERAL PROVISIONS Sec. 101. Purpose and Construction Sec. 102. Establishment of Peacemaker Court Sec. 103. Subject Matter Jurisdiction; Personal Jurisdiction; Attorneys CHAPTER 2. PEACEMAKERS Sec. 201. Appointment and Qualifications Sec. 202. Authority of Peacemakers Sec. 203. Limitations; Peacemakers Not Judges; Agreed Arbitration Sec. 204. Duties of Peacemakers Sec. 205. Reports to Chitimacha Tribal Court CHAPTER 3. PROCEDURE Sec. 301. Request for Peacemaking Sec. 302. Requests and Objections Sec. 303. Duties of Clerk of Tribal Court Sec. 304. Appointment of Peacemaker Sec. 305. Notice to Begin Proceedings Sec. 306. Compensation of Peacemaker Sec. 307. Subpoenas Sec. 308. Fees CHAPTER 4. ACTIONS BY THE TRIBAL COURT Sec. 401. Protective Orders Sec. 402. Action by the Court Sec. 403. Judgments Sec. 404. Method of Presenting Proposed Judgment Sec. 405. Form of Judgment Sec. 406. Enforcement of Judgment CHAPTER 5. CONDUCT OF PEACEMAKERS Sec. 501. General Standards Sec. 502. Complaints Regarding Peacemakers Sec. 503. Action on Complaint CHAPTER 6. TRANSFER OF CASES FROM TRIBAL COURT TO PEACEMAKER COURT Sec. 601. General Policy Sec. 602. Civil Matters Sec. 603. Criminal Matters Sec. 604. Criminal Probation Sec. 605. Transfer on Condition CHAPTER 7. MISCELLANEOUS PROVISIONS Sec. 701. Forms Sec. 702. Plain Language Version of Rules Title II - Criminal Procedure CHAPTER 1. COMPLAINT Sec. 101. Complaint Sec. 102. Time Limit for Commencing Criminal Prosecution CHAPTER 2. ARRESTS Sec. 201. Arrest Sec. 202. Warrants for Arrest Sec. 203. Notification of Right at Time of Arrest Sec. 204. Summons in Lieu of Arrest Warrant CHAPTER 3. SEARCHS Sec. 301. Search Warrant Sec. 302. Execution and Return of Search Warrant Sec. 303. Search Without a Warrant Sec. 304. Disposition of Seized Property Sec. 305. Exclusion of Unlawfully Obtained Evidence CHAPTER 4. ARRAIGNMENT AND RELEASE Sec. 401. Arraignment Sec. 402. Release Before Final Judgment of Conviction Sec. 403. Withdrawal of Pleas CHAPTER 5. TRIAL PROCEEDINGS Sec. 501. Rights of Defendant in Criminal Cases Sec. 502. Limitations on Trial Date Sec. 503. Issuance of Subpoenas Sec. 504. Service of Subpoenas Sec. 505. Failure to Obey Subpoena Sec. 506. Witness Fees Sec. 507. Trial Procedure Sec. 508. Trial by Jury Upon Request Sec. 509. Jury Eligibility Sec. 510. Trial Jury – Empaneling Procedures and Powers Sec. 511. Motions Sec. 512. Discovery CHAPTER 6. SENTENCING Sec. 601. Sentences Sec. 602. Waiver of Minimum Mandatory Sentences Sec. 603. Probation Sec. 604. Forfeiture of Weapons Sec. 605. Notification of Right to Appeal CHAPTER 7. EXPUNGEMENT Sec. 701. Petition for Expungement and Relief Sec. 702. Expungement Prohibited Sec. 703. Law Enforcement and Court Access to Records Title III - Criminal Offenses CHAPTER 1. GENERAL PROVISIONS Sec. 101. Jurisdiction of the Chitimacha Tribe of Louisiana Over Persons Alleged to Have Committed Crimes And Offenses Sec. 102. Definitions Sec. 103. Criminal Offenses Based on Voluntary Conduct Sec. 104. Burden of Proof Sec. 105. Liability of Children and Minors Sec. 106. Ignorance or Mistake Sec. 107. Intoxication Sec. 108. Mental Disease or Defect Sec. 109. Self-defense Sec. 110. Defense of Others Sec. 111. Defense of Property Sec. 112. Use of Deadly Force Sec. 113. Duress Sec. 114. Entrapment CHAPTER 2. ANTICIPATORY CRIMES Sec. 201. Attempts Sec. 202. Criminal Complicity and Solicitation CHAPTER 3. CRIMES AGAINST PERSONS Subchapter A. Homicide Sec. 301. Murder Sec. 302. Manslaughter Sec. 303. Negligent Homicide Sec. 304. Causing or Aiding Suicide Subchapter B. Kidnapping Sec. 305. Kidnapping Subchapter C. Sexual Offenses Sec. 306. Definitions Sec. 307. Rape Sec. 308. Sexual Assault Sec. 309. Statutory Rape Sec. 310. Indecent Exposure Sec. 311. Prostitution and Patronizing a Prostitute Sec. 312. Bigamy Sec. 313. Indecent Behavior with a Juvenile Sec. 314. Solicitation of a Minor to Engage in Sexual Activity Subchapter D. Computer-Aided Sexual Offenses Involving Minors Sec. 315. Definitions Sec. 316. Pornography Involving Juveniles Sec. 317. Computer-Aided Solicitation of a Minor Subchapter E. Assault and Related Offenses Sec. 318. Assault Defined Sec. 319. Simple Assault Sec. 320. Aggravated Assault – Severe Bodily Harm Sec. 321. Aggravated Assault – Dangerous Weapon Sec. 322. Aggravated Assault – Great Bodily Harm Sec. 323. Aggravated Assault – Public Official Subchapter F. Abusive Conduct Sec. 324. Harassment Sec. 325. Abuse of a Vulnerable Adult CHAPTER 4. CRIMES AGAINST PRIVATE PROPERTY Subchapter A. Arson Sec. 401. Arson Subchapter B. Burglary and Related Offenses Sec. 402. Burglary Sec. 403. Criminal Trespass Subchapter C. Theft and Related Crimes Sec. 404. Theft Sec. 405. Robbery Sec. 406. Criminal Mischief Sec. 407. Issuing Bad Checks Subchapter D. Forgery and Related Crimes Sec. 408. Forgery Sec. 409. Obtaining Signature by False Pretense CHAPTER 5. CRIMES AGAINST THE PUBLIC ORDER Subchapter A. Explosives and Weapons Offenses Sec. 501. Carrying Concealed and Dangerous Weapon Sec. 502. Possession of Explosives Sec. 503. Use of Dangerous Weapons by Children Sec. 504. Unlawful Discharge of Firearms Sec. 505. Unlawful Possession of Firearms Sec. 506. Firearm-Free Zone Subchapter B. Threats Made Against the Public Order Sec. 507. Terroristic Threats Sec. 508. Aiding Others in Terrorism Subchapter C. Drugs and Related Offenses Sec. 509. Unlawful Production, Distribution, Intent to Distribute, Sale, Possession or Use of Drugs Sec. 509-A. Unlawful Distribution, Sale, Possession and/or Use of Drug Paraphernalia Sec. 509-B. Violation of Unlawful Production, Distribution, Intent to Distribute, Sale, Possession or Use of Drugs; Drug Free Zone Sec. 509-C. Distribution to Persons Under Age Eighteen Sec. 509-D. Additional Penalties May Be Imposed Sec. 510. Falsification of Drug Tests Subchapter D. Offenses Involving Governmental Processes Sec. 511. Bribery Sec. 512. Interfering with Election Sec. 513. Prohibited Campaigning Sec. 514. Hindering Law Enforcement Sec. 515. Perjury Sec. 516. Criminal Contempt Sec. 517. Resisting a Law Enforcement Officer Sec. 518. Resisting Arrest with Force or Violence Sec. 519. Resisting Arrest with Bodily Injury Sec. 520. Escape Subchapter E. Disorderly Conduct and Related Offenses Sec. 521. Disorderly Conduct Sec. 521-A. Possession and/or Consumption of Alcohol in Designated Park/Recreational Areas Prohibited Sec. 522. Mistreatment of Animals Subchapter F. Gambling Sec. 523. Illegal Gambling Subchapter G. Exploitation of Children Sec. 524. Contributing to the Delinquency of a Minor Sec. 525. Failure to Support a Dependent Person Sec. 526. Failure to Send a Child to School Sec. 527. Unlawful Possession of Intoxicating Beverages by Minors Sec. 528. Unlawful Sale of Intoxicating Beverages to Minors Sec. 529. Unlawful Sale of Tobacco to Minors Sec. 530. Unlawful Possession or Consumption of Alcohol on School Property Sec. 531. Child Abuse Sec. 532. Abandonment of a Child Sec. 533. Neglect of Child Sec. 534. Cruelty to Juveniles Sec. 535. Juvenile Sexting Subchapter H. Curfew Violations Sec. 536. Failure to Enforce Curfew Sec. 537. Non-Residents Curfew Subchapter I. Driving While Under the Influence Sec. 538. Driving While Under the Influence of Intoxicating Liquors or Drugs CHAPTER 6. DOMESTIC VIOLENCE Subchapter A. General Provisions Sec. 601. Purpose Sec. 602. General Jurisdiction Sec. 603. Special Domestic Violence Jurisdiction Sec. 604. Criminal Conduct Applicable Sec. 605. Rights and Procedural Requirements Sec. 606. Severability Sec. 607. Non-waiver of Sovereign Immunity Sec. 608. Savings Sec. 609. Definitions Subchapter B. Criminal Actions and Penalties Sec. 610. Domestic Violence Sec. 611. Violation of No Contact Order Sec. 612. Violation of a Domestic Violence Protection Order Subchapter C. Powers and Duties of Law Enforcement Sec. 613. Duties to Victims Sec. 614. Protecting Evidence Sec. 615. Mandatory Arrest Sec. 616. Emergency Criminal No Contact Order Sec. 617. Mandatory Arrest for Violations of Domestic Violence Protection Orders or No Contact Orders Sec. 618. Authority to Seize and Hold Weapons Sec. 619. Violations of Conditions of Release Sec. 620. Duty to Expedite Service of Protection Orders Sec. 621. Law Enforcement Records on Domestic Violence Sec. 622. Liability of Law Enforcement Officers Subchapter D. Tribal Court Procedures, Powers, and Duties Sec. 623. Determination of Jurisdiction Sec. 624. Pre-trial and Release Conditions Sec. 625. Mediation and Alternative Justice Prohibited Sec. 626. Clerk of Court Record Maintenance Subchapter E. Duties of the Prosecutor Sec. 627. Domestic Violence Identified in Charging Document Sec. 628. Duties of the Tribe to the Victim Subchapter F. Rights of Victims Sec. 629. Rights of Victims Subchapter G. Civil Domestic Violence Orders for Protection Sec. 630. Domestic Violence Protection Orders Sec. 631. Ex Parte Temporary Domestic Violence Protection Orders Sec. 632. Recognition and Enforcement of Foreign Protection Orders Subchapter H. Firearms Sec. 633. Domestic Violence Offender in Possession of a Firearm CHAPTER 7. HABITUAL OFFENDERS Sec. 701. Habitual Offender Crime Sec. 702. Limitation CHAPTER 8. PENALTIES AND LIMITATIONS Sec. 801. Penalties Sec. 802. Statutes of Limitations Sec. 803. Enhanced Sentencing CHAPTER 9. JUDICIAL AND PROSECUTORIAL IMMUNITY Sec. 901. Judicial Immunity Sec. 902. Prosecutorial Immunity Title IV - Civil Procedure CHAPTER 1. PRETRIAL PROCEEDINGS Sec. 101. Commencement of Civil Action Sec. 102. Service of Process Sec. 103. Hearing Sec. 104. Issuance of Subpoenas Sec. 105. Service of Subpoenas Sec. 106. Failure to Obey Subpoena Sec. 107. Witness Fees Sec. 108. Intervention CHAPTER 2. TRIALS Sec. 201. Trial Procedure Sec. 202. Consolidated and Separate Trials Sec. 203. Substitution of Parties CHAPTER 3. JUDGMENTS Sec. 301. Judgments Sec. 302. Judgment by Default Sec. 303. Proof of Satisfaction Sec. 304. Execution Sec. 305. Judgment Constitutes a Lien Sec. 306. Life of Judgment Sec. 307. Renewal of Judgment Sec. 308. Stay of Judgment Sec. 309. Costs and Attorneys Fees Sec. 310. Property Exempt from Judgments for Money Sec. 311. Garnishment of Wages for Satisfaction of Judgment CHAPTER 4. EXTRAORDINARY WRITS Sec. 401. Temporary Restraining Orders Without Notice Sec. 402. Preliminary Injunctions Sec. 403. Security Sec. 404. Habeas Corpus CHAPTER 5. PETITIONS TO CHALLENGE THE MEMBERSHIP QUALIFICATION OF AN ENROLLED MEMBER Sec. 501. Petition to Challenge the Membership Qualification of an Enrolled Member Sec. 502. Petitions Challenging the Paternity of an Enrolled Member Sec. 503. Receipt of a Valid Petition Sec. 504. Enrollment Officer's Action Sec. 505. Additional Hearing Sec. 506. Authority to Issue Subpoenas Sec. 507. Findings of Fact CHAPTER 6. APPLICABLE LAWS Sec. 601. Applicable Laws CHAPTER 7. STATUTE OF LIMITATIONS Sec. 701. Limitations of Actions CHAPTER 8. CHITIMACHA RULES OF EVIDENCE Title V - Child Welfare CHAPTER 1. GENERAL PROVISIONS T Sec. 101. Jurisdiction Sec. 102. Supervision Over Welfare of Children Sec. 103. Definitions CHAPTER 2. TAKING A CHILD INTO CUSTODY BEFORE A COURT HEARING Sec. 201. Taking a Child into Protective Custody Sec. 202. Application to Court Sec. 203. Emergency Authorization of Medical Treatment CHAPTER 3. COURT PROCEDURES Sec. 301. Petitions Sec. 302. Release from Protective Custody; Home Study Sec. 303. Initial Hearing Sec. 304. Guardians Ad Litem Sec. 305. Transfer of Juvenile Proceedings Sec. 306. Fact-Finding Hearing Sec. 307. Dispositional Hearing Sec. 308. Confidentiality Sec. 309. Expungement of Records Sec. 310. Periodic Review for Delinquents and Status Offenders in Approved Facilities Sec. 311. Petition for Return of Abused, Neglected or Abandoned Child Removed from Parent or Custodian Sec. 312. Periodic Review for Abused, Neglected, or Abandoned Child Removed from Parent or Custodian CHAPTER 4. TERMINATION OF PARENT-CHILD RELATIONSHIP Sec. 401. Purpose of Termination of the Parent-Child Relationship Sec. 402. Appointment of Guardian Ad Litem for Minor or Incompetent Parent Sec. 403. Who May File a Petition Sec. 404. Contents of the Petition Sec. 405. Home Study Prior to Hearing Sec. 406. Notice Sec. 407. Hearing Sec. 408. Grounds for Termination; Order Sec. 409. Disposition Sec. 410. Effects of Termination Order CHAPTER 5. REPORTING ABUSE, NEGLECT AND ABANDONMENT Sec. 501. Obligation to Report Child Abuse, Neglect and Abandonment Sec. 502. Contents of Report Sec. 503. Immunity for Good Faith Reports; Penalties for Reports Made in Bad Faith Sec. 504. Failure to Report Sec. 505. Procedures Following a Report of Child Abuse, Neglector Abandonment Sec. 506. Recordkeeping Sec. 507. Central Registry Sec. 508. Confidentiality Sec. 509. Interviews and Examinations Sec. 510. Character Investigations CHAPTER 6. PROCEDURES OF THE CHITIMACHA TRIBE WITH RESPECT TO THE INDIAN CHILD WELFARE ACT Sec. 601. Intent of this Chapter Sec. 602. Definitions Sec. 603. Receipt of Referrals Sec. 604. Duties of the Clerk of Court Sec. 605. Investigation of Referral by Chief Judge or Designee Sec. 606. Determination of Tribal Membership Status, Domicile and Residency, and Status as Ward of the Tribal Court Sec. 607. Best Interests of the Child Sec. 608. Recommendation of the Chief Judge Sec. 609. Final Decision by Tribal Council or Designee Sec. 610. Notification of Parents and Indian Custodian CHAPTER 7. CURFEW Sec. 701. Curfew CHAPTER 8. SAFE HAVEN FOR INFANTS LAW Sec. 801. Short Title Sec. 802. Purpose Sec. 803. Definitions Sec. 804. Leaving an Infant Sec. 805. Safe Haven Facility Procedures Sec. 806. Responsibilities of the Chitimacha Human Services Department Sec. 807. Procedure if Reunification is Sought Sec. 808. Immunity Title VI - Family Law CHAPTER 1. ADOPTION Sec. 101. Purpose of Adoption Sec. 102. Definitions Sec. 103. Who May File Adoption Petition Sec. 104. Petition for Adoption Sec. 105. Required Consents Sec. 106. Withdrawal of Consents Sec. 107. Investigation Report Sec. 108. Hearing on Adoption Sec. 109. Report and Final Decree of Adoption Sec. 110. Adoption Records Sec. 111. Contents of Adoption Order Sec. 112. Name and Legal Status of Adopted Minor CHAPTER 2. MARRIAGE Sec. 201. Requirements Sec. 202. Prohibited Marriages Sec. 203. Marriage of Person Having Existing Spouse Sec. 204. Putative Spouse Sec. 205. Marriage License Sec. 206. Marriage Ceremony Sec. 207. Jurisdiction Sec. 208. Presumption of Legitimacy; Legitimation by Marriage of Parents Sec. 209. Disputed Legitimacy; Proof Sec. 210. Common Law Marriage Sec. 211. Recognition of Foreign Marriages CHAPTER 3. ANNULMENT AND DIVORCE; CHILD CUSTODY PROCEEDINGS Sec. 301. Jurisdiction Over Annulment and Divorce Cases Sec. 302. Annulment Sec. 303. Divorce Sec. 304. Child Custody and Support Sec. 305. Child Custody Actions Outside Divorce and Annulment Proceedings Sec. 306. Enforcement of Child Support Orders Sec. 307. Division of Property Sec. 308. Maintenance Sec. 309. Payment of Maintenance or Support to Court Sec. 310. Paternity Sec. 311. Temporary Maintenance and Custody Awards Sec. 312. Attorney's Fees Sec. 313. Recognition of Foreign Divorces and Annulments CHAPTER 4. GUARDIANSHIP Sec. 401. Definition of Guardian Sec. 402. How Guardians are Appointed Sec. 403. Types of Guardianship Sec. 404. Guardianship of Property Sec. 405. Permanent Guardianship Sec. 406. Temporary Guardianship Sec. 407. Who May File Guardianship Petition Sec. 408. Contents of Guardianship Petition Sec. 409. Guardianship Report Sec. 410. Management of Property Sec. 411. Incompetent Persons Sec. 412. Termination of Guardianship Sec. 413. Disbursement of Per Capita Payments Sec. 414. Review of Guardianship CHAPTER 5. RESTRAINING ORDERS Sec. 501. Relief from Abuse by Family or Household Member Sec. 502. Court Orders; Duration Sec. 503. Extension of an Order Sec. 504. Service Sec. 505. Contempt and Violation CHAPTER 6. EMANCIPATION Sec. 601. Petition and Summons Sec. 602. Hearing Sec. 603. Conduct of Hearing; Investigation and Report Sec. 604. Order and Effect of Emancipation CHAPTER 7. CHANGE OF NAME Sec. 701. Authority to Grant Change of Name Sec. 702. Change of Name by Minor Child Sec. 703. Petition for Change of Name Sec. 704. Public Notice Sec. 705. Decision on the Petition CHAPTER 8. RECOGNITION AND ENFORCEMENT OF FOREIGN SUPPORT ORDERS Sec. 801. Definitions Sec. 802. Recognition of Foreign Support Orders Sec. 803. Employer/Payor's Compliance Sec. 804. Maximum Amount of Withholding. Time Periods. Priority of Multiple Orders Sec. 805. Immunity from Liability Sec. 806. Contest by Obligor Sec. 807. Fees and Costs CHAPTER 9. FULL FAITH AND CREDIT FOR FOREIGN DOMESTIC VIOLENCE ORDERS Sec. 901. Purpose and Findings Sec. 902. Definitions Sec. 903. Enforcement of Foreign Protection Orders Sec. 904. Role of Law Enforcement in Enforcing this Chapter Sec. 905. Immunity for Good Faith Enforcement of Foreign Protection Order Sec. 906. Role of Tribal Court in Enforcing this Chapter Sec. 907. Protection Order with the Tribal Court Sec. 908. Violation of Foreign Protection Order CHAPTER 10. MISCELLANEOUS Sec. 1001. Forms Sec. 1002. Appeals Sec. 1003. Application of Law Title VII - Traffic Code CHAPTER 1. DEFINITIONS AND SPECIAL PROVISIONS Sec. 101. Definitions Sec. 102. Traffic Regulatory Powers Sec. 103. General Penalty for Violation of this Title Sec. 104. Traffic Code Applicability to Accidents, Reckless Driving, Substance Abuse, Eluding Police Officers Sec. 105. Notice of Violations by Juveniles Sec. 106. Offenses Requiring Penalty of Incarceration and/or Fine CHAPTER 2. PAYMENT OF STATUTORY FEE AND FINE IN LIEU OF HEARING; HEARINGS Sec. 201. Right to Appear; Payment of Statutory Fee and Fine in Non-Criminal Cases Sec. 202. Hearing - Procedures - Appeals - Stay Orders Sec. 203. Failure to Appear and/or Pay Statutory Fee - Penalty CHAPTER 3. LICENSE REQUIREMENTS; EXCEPTIONS, REVOCATIONS Sec. 301. Driving License Required Sec. 302. Person Exempt from Holding LA License Sec. 303. Persons not Permitted to Operate a M/V Sec. 304. Liability for Negligence of a Minor Sec. 305. Cancellation of Minor's Right to Operate a M/V Sec. 306. License or Permit to be Carried and Shown on Demand Sec. 307. Restricted Licenses - Penalty Violation Sec. 308. Suspending Privileges of Non-residents of the Chitimacha Reservation Sec. 309. Suspension or Revocation of Operation of M/V Privileges on the Chitimacha Indian Reservation Sec. 310. Operating a M/V while Driving Privileges are Suspended or Revoked Sec. 311. Unlawful Use of License Sec. 312. Reproducing Operator's License or Permit Sec. 313. Permitting an Unauthorized Minor to Drive Sec. 314. Permitting an Unauthorized Person to Drive Sec. 315. Display of Current Registration, License Plates and Tabs Sec. 316. Violation of Registration Provision CHAPTER 4. TRAFFIC REGULATORY POWERS OF OFFICER Sec. 401. Halting Person for Violating Traffic Ordinances Sec. 402. Hearing - Time - Promise of Defendant to Appear Sec. 403. Failure to Appear on Written Promise Sec. 404. Court to Issue a Warrant of Arrest CHAPTER 5. ACCIDENTS Sec. 501. Accidents Involving Damage to Vehicles Sec. 502. Immediate Notice of Accident Sec. 503. Accident Involving Death or Personal Injuries Sec. 504. Duty to Give Information and Render Aid Sec. 505. Emergency Care or Services Rendered-Liability Sec. 506. Duty Upon Striking Unattended Vehicle Sec. 507. Duty Upon Striking Road Fixtures or Other Property Sec. 508. Officer to Report Sec. 509. Investigation Agency Responsible to Notify Next of Sec. 510. When Operator of a M/V is Unable to Report Sec. 511. Accident Report Forms Sec. 512. Fees for Copies of Accident Report and Investigator's Opinion Sec. 513. Garages, Private persons, Wrecker and Towing Services to Report Sec. 514. Operating a Motor Vehicle without Liability Insurance prohibited CHAPTER 6. RULES OF THE ROAD Sec. 601. Careless Driving Sec. 602. Speeding Sec. 603. Speed Limitation Not Applicable to Emergency Vehicles - Liability Exception Sec. 604. Reckless Driving Sec. 605. Aggravated Reckless Driving Sec. 606. Exhibition Driving and Drag Racing Sec. 607. Obedience to and Required Traffic Control Device Sec. 608. Flashing Signals Sec. 609. Display of Unauthorized Signs, Signals or Markings Sec. 610. Interference With Official Traffic Signal, Traffic Control Device, Regulatory Sign or Information Sign Sec. 611. Drive on Right Side of Roadway Sec. 612. Passing Vehicles Proceeding in Opposite Direction Sec. 613. Overtaking a Vehicle on the Left Sec. 614. When Overtaking on the Right is Permitted Sec. 615. No-passing Zones Sec. 616. Following too Closely Sec. 617. Restricted Access Sec. 618. Vehicle Approaching or Entering Intersection Sec. 619. Vehicle Turning Left Sec. 620. Vehicles Entering Roadway Sec. 621. Operation of Vehicle on Approach of Authorized Emergency Vehicles Sec. 622. Roadway Construction and Maintenance Sec. 623. Pedestrian Obedience to Traffic Control Devices and Traffic Regulations Sec. 624. Driver to Exercise Due Care Sec. 625. Pedestrians on Roadway Sec. 626. Vehicles Position and Method of Turning Sec. 627. Limitations on Turning Around Sec. 628. Starting Parked Vehicle Sec. 629. Turning Movements and Required Signals Sec. 630. Signals by Hand and Arm or Signal Lights Sec. 631. Emergence from Alley, Driveway, Private Road or Building Sec. 632. Overtaking and Passing School Bus Sec. 633. Stopping, Standing or Parking on Roadway Unattended Vehicles Sec. 634. Officer Authorized to Remove Illegally Stopped Vehicle Sec. 635. Stopping, Standing or Parking Prohibited in Specified Places Sec. 636. Obstruction to Driver's View or Driving Sec. 637. Opening and Closing Vehicle Door Sec. 638. Following Fire Apparatus Sec. 639. Crossing Fire Hose Sec. 640. Garbage, Glass, Rubbish, and Injurious Materials on Roadway or Designated Public Recreation Areas Prohibited Sec. 641. Fleeing or Attempting to Elude a Police Officer Sec. 642. Driving While Under the Influence of Intoxicating Liquors or Drugs Sec. 643. Administration of Chemical Analysis Tests Sec. 644. Physical Control Sec. 645. Chemical Test for Driver in Serious Bodily Injury or Fatal Crash Sec. 646. Person Qualified to Administer Test and Opportunity for Additional Test Sec. 647. Consent of Person Incapable of Refusal not Withdrawn Sec. 648. Obedience to Police Officer or Firearm Sec. 649. Person Riding Animal or Driving Animal-Drawn Vehicle Sec. 650. Underage Drinking While Under the Influence of Intoxicating Liquors or Drugs Sec. 651. Commercial Driving While Under the Influence of Intoxicating Liquors or Drugs CHAPTER 7. CHITIMACHA BICYCLE CODE Sec. 701. Traffic Laws Apply to Persons Riding Bicycles Sec. 702. Riding on a Bicycle Sec. 703. Clinging to Vehicle Sec. 704. Riding on Roadway Sec. 705. Carrying Articles Sec. 706. Lamps and Other Equipment on Bicycles CHAPTER 8. CHITIMACHA MOTORCYCLE CODE Sec. 801. Traffic Laws Apply to Person Operating Motorcycle or Motorized Bicycle Sec. 802. Riding on a Motorcycle Sec. 803. Operating Motorcycles on Roadways Laned for Traffic Sec. 804. Clinging to Other Vehicles Sec. 805. Footrests Sec. 806. Equipment for Motorcycle Riders Sec. 807. Motorcycle Equipment; Frame-Chassis Requirements Sec. 808. Brakes Sec. 809. Brakes on Motor-Driven Cycles Sec. 810. Tires, Wheels and Rims Must Comply With the Louisiana Law Steering and Suspension Systems Sec. 811. Fuel System Sec. 812. Exhaust Systems - Prevention of Noise Sec. 813. Mirror Sec. 814. Fenders Sec. 815. Seat or Saddle Sec. 816. Chain Guard Sec. 817. Vehicle Stand Sec. 818. Horn Sec. 819. Speedometer and Odometer Sec. 820. Lighting Equipment Sec. 821. Passenger Seat CHAPTER 9. ALL TERRAIN VEHICLES Sec. 901. Definitions Sec. 902. Operation of All Terrain Vehicles Sec. 903. Operation of ATV Upon Roadways CHAPTER 10. ABANDONED AND IMPOUNDED VEHICLES Sec.1000. Abandoned Vehicles Sec.1001. Impoundment Sec.1002. Disposition of Abandoned Vehicles Sec.1003. Sale of Abandoned Vehicles CHAPTER 11. MOTOR VEHICLE EQUIPMENT REQUIREMENTS Sec.1101. When Lighted Lamps are Required Sec.1102. Visibility Distance and Mounted Height of Lamps Sec.1103. Headlamps on Motor Vehicle Sec.1104. Tail Lamps Sec.1105. Motor Vehicle to be Equipped With Reflectors Sec.1106. Stop Lamps and Turn Signals Required on Motor Vehicles Sec.1107. Additional Lighting Equipment Sec.1108. Application of Succeeding Sections Sec.1109. Additional Equipment Required on Certain Vehicles Sec.1110. Color of Clearance Lamps, Side Marker Lamps, Back Up Lamps and Reflectors Sec.1111. Mounting of Reflectors, Clearance Lamps and Marker Lamps Sec.1112. Visibility of Reflectors, Clearance Lamps and Marker Lamps Sec.1113. Obstructed Lights Not Required Sec.1114. Lamp or Flag on Projecting Load Sec.1115. Lamps on Parked Vehicle Title Sec.1116. Lamps on Other Vehicles and Equipment Sec.1117. Spot Lamps and Auxiliary Lamps Sec.1118. Audible and Visual Signals on Vehicle Sec.1119. Signal Lamps and Signal Devices Sec.1120. Vehicular Hazard Warning Lights Sec.1121. Multiple Beam Road Lighting Equipment Sec.1122. Use of Multiple-Beam Road Lighting Equipment Sec.1123. Special Restrictions on Lamps Sec.1124. Brake Equipment Required Sec.1125. Maintenance of Brakes Sec.1126. Horn and Warning Device Sec.1127. Muffler Prevention of Noise and Smoke Sec.1128. Mirror Sec.1129. Windshield Must be Unobstructed and Equipped with Wipers-Tinted Windows Sec.1130. Restrictions on Tire Equipment Sec.1131. Restrictions to Tire Equipment Sec.1132. Safety Belts Sec.1133. Child Restraint Devices - Penalty – Evidence CHAPTER 12. EXPLOSIVE AND HAZARDOUS MATERIALS; OTHER SAFETY CONSIDERATIONS Sec.1201. Vehicle Transporting Explosives Or Hazardous Material Sec.1202. Vehicle to be Constructed to Prevent Shifting or Leaking Loads Sec.1203. Drawbar or Connection Between Vehicles Sec.1204. Air Conditioning Equipment Sec.1205. Modification of Motor Vehicle Sec.1206. Scope and Effect of Equipment Requirements Sec.1207. Slow Moving Vehicles Required to Display Identification Emblem Sec.1208. Alteration of Odometers or Other Mileage Recorders, Hour Meters on Tachometers or Other Hour Recorders Sec.1209. Exemption for Certain Street Rod Vehicles Title VIII - Housing Authority CHAPTER 1. AUTHORITY CHAPTER 2. DECLARATION OF NEED CHAPTER 3. PURPOSES CHAPTER 4. DEFINITIONS CHAPTER 5. BOARD OF COMMISSIONERS CHAPTER 6. POWERS CHAPTER 7. OBLIGATIONS CHAPTER 8. MISCELLANEOUS CHAPTER 9. COOPERATION IN CONNECTION WITH PROJECTS CHAPTER 10. APPROVAL BY SECRETARY OF THE INTERIOR Title IX - Tribal Gov Corps and Tax ARTICLE 1. GOVERNMENTAL CORPORATIONS CODE - CHITIMACHA TRIBE - CORPORATIONS AUTHORIZED ARTICLE 2. PURPOSE, CONSTITUTIONAL AUTHORITY ARTICLE 3. PRIVILEGES AND IMMUNITIES ARTICLE 4. TRIBAL TAXATION ARTICLE 5. SUBSIDIARY CORPORATION ARTICLE 6. OWNERSHIP ARTICLE 7. VOTING STOCK - ALIENATION ARTICLE 8. ORGANIZATION ARTICLE 9. POWERS, DURATION ARTICLE 10. LANDS ARTICLE 11. AGENT ARTICLE 12. ASSETS ARTICLE 13. AUDIT ARTICLE 14. ANNUAL MEETING, ANNUAL REPORT Title X - Election Rules and Regulations PREAMBLE CHAPTER 1. TRIBAL ELECTION Sec. 101. Primary Election Sec. 102. Runoff Elections Sec. 103. Special Elections CHAPTER 2. CHITIMACHA TRIBAL ELECTION BOARD Sec. 201. Chitimacha Tribal Election Board Members Sec. 202. Appointment of Members Sec. 203. Election of Officers Sec. 204. Duty of the Tribal Election Board Members to Election Process Sec. 205. Chitimacha Tribal Election Board Meetings Sec. 206. Chitimacha Tribal Election Board Duties Sec. 207. Qualifications of Chitimacha Tribal Election Board Members Sec. 208. Removal of Chitimacha Tribal Election Board Members Sec. 209. Compensation for Chitimacha Tribal Election Board Members Sec. 210. Resignation of a Chitimacha Tribal Election Board Member Who Files for Office Sec. 211. Temporary Recusal of a Chitimacha Tribal Election Board Member Whose Immediate Family Member Files for Office Sec. 212. Publication and Mailing of a Notice of Election Sec. 213. Reimbursement for Training CHAPTER 3. VOTER QUALIFICATIONS; REGISTRATION Sec. 301. Persons Qualified to Vote Sec. 302. Voter Registration Sec. 303. Registration Forms Sec. 304. List of Registered Voters Sec. 305. Cancellation of Registration Sec. 306. Change of Voter Registration Information CHAPTER 4. QUALIFICATIONS OF CANDIDATES; FILINGS Sec. 401. Eligible Candidates Sec. 402. Candidate Filing and Filing Period Sec. 403. Candidate May File for and Hold Only One Office Sec. 404. Certificate of Candidacy Sec. 405. Withdrawal of Candidacy Sec. 406. Roster of Election Candidates Sec. 407. Chitimacha Board of Education Candidates CHAPTER 5. ELECTION PREPARATIONS Sec. 501. Preparation of Forms, Notices, and Certifications Sec. 502. Preparation of the Ballots Sec. 503. Certification of Absentee Voting Ballot Boxes and Absentee Ballots CHAPTER 6. CONDUCT OF ELECTIONS Sec. 601. Exchange of Contact Information Sec. 602. Polling Place; Hours of Voting Sec. 603. Equipment and Supplies Sec. 604. Ballot Boxes or Voting Machines Sec. 605. Voting Booth Sec. 606. Preparing and Closing of Polling Place Sec. 607. Opening Ballot Boxes Sec. 608. Prohibited Campaigning Sec. 609. Security of Polling Place Sec. 610. Confidentiality of Tribal Information Sec. 611. Penalty Sec. 612. Intoxicating Liquor Prohibited Sec. 613. Voter Must Vote Ballots Issued Him/Her Sec. 614. Procedure for Determining Eligibility Sec. 615. Identification of Voter Sec. 616. Signing of the Poll Book Sec. 617. Manner of Voting Sec. 618. Spoiled Ballots Sec. 619. Procedure for Counting Sec. 620. Formula for Determining Majority Sec. 621. Tie Vote Sec. 622. Retention of Ballot Boxes and Election Results Sec. 623. Certifying Vote Sec. 624. Recounts Sec. 625. Election Disputes Sec. 626. Oath of Office Sec. 627. Administering Oath of Office Sec. 628. Retention of Keys CHAPTER 7. SPECIAL ELECTIONS Sec. 701. Vacancies on Council Sec. 702. Proclamation Required Sec. 703. Special Elections on Tribal Questions Sec. 704. Procedures CHAPTER 8. ABSENTEE VOTING Sec. 801. Qualified Voters Sec. 802. Preparation of an Absentee Ballot Request Form Sec. 803. How to Obtain an Absentee Ballot Sec. 804. Roster of Absentee Voters Sec. 805. Delivery of Absentee Ballots Sec. 806. Cut-Off Date for Return of Absentee Ballots Sec. 807. Record of Absentee Ballots Sec. 808. Handling of Absentee Ballots Sec. 809. Counting of Absentee Ballots CHAPTER 9. DAYS DEFINED CHAPTER 10. INTENT OF THIS ORDINANCE SCHEDULE I – TITLE X, ELECTION VOTING MACHINES SYSTEM STANDARDS Sec. 1. Voting Machine System Standards Sec. 2. Voting Machine Operating and Storage Specifications Title XI - Tribal Enrollment SECTION 1. AUTHORITY SECTION 2. ENROLLMENT ELIGIBILITY SECTION 3. DETERMINING DEGREE OF CHITIMACHA BLOOD SECTION 4. APPLICATIONS FOR ENROLLMENT SECTION 5. DETERMINATION OF ENROLLMENT SECTION 6. LOSS OF MEMBERSHIP SECTION 7. RECORDS SECTION 8. DUAL ENROLLMENT PROHIBITED SECTION 9. APPLICATION FEES Title XII - Gaming Ordinance CHAPTER 1. FINDINGS Sec. 101. The Tribal Council finds: CHAPTER 2. DEFINITIONS Sec. 201. Act Sec. 202. Appurtenant Parking Facilities Sec. 203. Class I Gaming. Sec. 204. Class II Gaming Sec. 205. Class III Gaming Sec. 206. Compact Sec. 207. Gaming Premises Sec. 208. Gross Revenues Sec. 209. Immediate Famil Sec. 210. Manager Sec. 211. National Indian Gaming Commission Sec. 212. Net Revenues Sec. 213. Reservation Sec. 214. Secretary Sec. 215. Slot Machines Sec. 216. State Sec. 217. Total Operating Expenses Sec. 218. Traditional Forms of Indian Gaming Sec. 219. Tribal Commission Sec. 220. Tribal Council Sec. 221. Tribe CHAPTER 3. CLASS I GAMING Sec. 301. Regulation of Class I Gaming CHAPTER 4. CLASS II GAMING Sec. 401. Regulation of Class II Gaming Sec. 402. Ownership of Class II Gaming Sec. 403. Licenses for Class II Gaming Activities Sec. 404. License Fees and Duration of License Sec. 405. Hearing on Application for a License Sec. 406. Conditions of the Tribal License Sec. 407. Assignment or Transfer Sec. 408. Cancellation and Suspension Sec. 409. Uses of Net Revenues of Gaming Activities Sec. 410. Annual Outside Audit Sec. 411. Reports to the Tribe Sec. 412. Investigations, Oversight, and Licensing of Primary Management Officials and Key Employees of the Gaming Activity Sec. 413. Management Contracts Sec. 414. Criminal Penalties CHAPTER 5. CLASS III GAMING Sec. 501. Class III Gaming in Accordance with Compact with the Tribe Sec. 502. Authorized Class III Games Sec. 503. Class II Gaming Unaffected Sec. 504. Management Agreements Authorized Sec. 505. Sole Proprietary Interest in the Tribe Sec. 506. Application of Net Revenues Sec. 507. Audit Authorization Sec. 508. Tribal Gaming Commission - Creation Sec. 509. Tribal Commission - Terms of Office; Removal From Office Sec. 510. Executive Director Sec. 511 General Counsel Sec. 512. Tribal Commission - Duties and Responsibilities Sec. 513. Tribal Gaming Commission - Procedure Sec. 514. Authorization to Tribal Commission to Adopt Regulations for Class III Gaming Sec. 515. Authorization to Tribal Commission to Adopt Standards and Rules for Class III Games Sec. 516. Authorization to Tribal Commission to Adopt Procedures for Class III Gaming Sec. 517. Tribal Commission - Funding Sec. 518. General Operation and Management Regulations Sec. 519. Amendment and Revision of Class III Gaming Procedures, Standards, Rules and Regulations of Tribal State Compact Sec. 520. Authority Given to State of Louisiana to Enforce Tribal-State Compact Sec. 521. Territorial and General Jurisdiction Sec. 522. Criminal Law Subject Matter Jurisdiction Within Gaming Premises and Appurtenant Parking Facilities Sec. 523. Law Enforcement Authority Within the Gaming Premises and Appurtenant Parking Facilities Sec. 524. Disposition of Tort Claims Sec. 525. Conflict of Interest CHAPTER 6. SELF-REGULATION OF GAMING ACTIVITIES Sec. 601. Petition for Certificate of Self-Regulation CHAPTER 7. NATIONAL INDIAN GAMING COMMISSION Sec. 701. Authority of the Commission Sec. 702. Failure to Cooperate with the Commission Sec. 703. Commission regulations and guidelines superseding this Title Sec. 704. Conformity to Compact Title XIII - Real Estate CHAPTER 1. LANDLORD AND TENANT PROCEEDINGS Sec. 101. Jurisdiction Sec. 102. Forcible Detainer or Eviction Sec. 103. Notice To Quit Sec. 104. Proceedings in Tribal Court Sec. 105. Forcible Eviction Sec. 106. Storage of Personal Property Following Forcible Eviction Sec. 107. Definition of Lessee CHAPTER 2. MORTGAGE OF REAL ESTATE AND FORECLOSURE PROCEDURE Sec. 201. Jurisdiction Sec. 202. Scope and Definitions Sec. 203. Proceedings in Tribal Court Sec. 204. Right to Cure Mortgage Foreclosure Default Sec. 205. Injury to Property Sec. 206. Foreclosure Sales Sec. 207. Application of the Proceeds of Sale CHAPTER 3.REAL ESTATE RECORDS Sec. 301. Definitions Sec. 302. Recording Sec. 303. Certification Sec. 304. Indexing Title XIV - Tribal Licenses and Permits CHAPTER 1. LIQUOR LICENSES AND PERMITS Sec. 101. Conformity with State Law and This Ordinance Sec. 102. Tribal License or Permit Required Sec. 103. Application for Tribal Liquor License; Requirements Sec. 104. Hearing on Application for Tribal Liquor License Sec. 105. Temporary Permits Sec. 106. Conditions of the Tribal License Sec. 107. License Not a Property Right Sec. 108. Assignment or Transfer Sec. 109. Cancellation and Suspension Sec. 110. Allocation of Fees Sec. 111. Limitation of Liability for loss connected with Sale, Serving, or Furnishing of Alcoholic Beverages Title XV - Environmental Code CHAPTER 1. ANIMAL CONTROL PROVISIONS Sec. 101. Definitions CHAPTER 2. DESIGNATED TRIBAL OFFICIAL Sec. 201. Animal Control Officer CHAPTER 3. RULES AND REGULATIONS Sec. 301. Rabies Vaccination Sec. 302. Rabies Control and Bites Cases Sec. 303. Prohibitions Sec. 304. Humane Care of Animals Sec. 305. Confinement of Diseased Animals Sec. 306. Failure to Provide Humane Care - Impoundment of Animals Sec. 307. Duty to Impound Sec. 308. Owner Notification, Holding Time, Release of Animal, Adoption and Disposal of Animal Sec. 309. Liability of Owner or Responsible Party for Animals Sec. 310. Unwanted Animals Sec. 311. Disposal of Live Animals Sec. 312. Animals At Large Sec. 313. Failure to Care For Sec. 314. Disposition of an Impounded Animal Sec. 315. Interference with Designated Officer and/or Agents CHAPTER 4. PENALTIES Sec. 401. Failure to Obey Rules and Regulations Sec. 402. Investigations Sec. 403. Citation/Summons to be Issued Sec. 404. Applicable Fines Sec. 405. Enhanced Penalty for Violation of Certification of Animal Control Compliance Sec. 406. Failure To Appear Sec. 407. Limitation of Enforcement of Penalties Against Caretakers CHAPTER 5. MAINTENANCE OF TRIBAL LANDS Sec. 501. Tribal Land Maintenance Officer Sec. 502. Tall Grass and/or Weeds Sec. 503. Burning of Debris Restricted Sec. 504. Sewage Disposal Requirements Sec. 505. Dismantled and/or Junked Vehicles, Engines, Motors and/or Appliances Prohibited Sec. 506. Unsightly Litter, Trash, Debris, Garbage, Etc CHAPTER 6. PENALTIES Sec. 601. Citation/Summons Sec. 602. Citation/Summons to be Issued Sec. 603. Applicable Fines Sec. 604. Failure To Appear Sec. 605. Recovery of Costs Title XVI - Commercial Code CHAPTER 1. GENERAL PROVISIONS PART 1. SHORT TITLE, CONSTRUCTION, APPLICATION AND SUBJECT MATTER OF THE ACT Sec. 1-101. Short Title Sec. 1-102. Scope Sec. 1-103. Purposes; Rules of Construction Sec. 1-104. Supplementary General Principles of Law Sec. 1-105. Construction Against Implicit Repeal Sec. 1-106. Territorial Application of the Title Sec. 1-107. Remedies to Be Liberally Administered Sec. 1-108. Waiver or Renunciation of Claim or Right After Breach Sec. 1-109. Severability Sec. 1-110. Administration of the Commercial Transactions; Regulations PART 2. DEFINITIONS AND PRINCIPLES OF INTERPRETATION Sec.1-201. General Definitions Sec. 1-202. Prima Facie Evidence by Third Party Documents Sec. 1-203. Obligation of Good Faith Sec. 1-204 Notice Sec. 1-205. Course of Dealing and Usage of Trade Sec. 1-206. Performance or Acceptance Under Reservation of Rights Sec. 1-207. Option to Accelerate at Will Sec. 1-208. Subordinated Obligations Sec. 1-209. Statute of Frauds for Kinds of Personal Property Not Otherwise Covered CHAPTER 2. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER Part 1. General Provisions Sub-Part 1. Short Title Sec. 2-101. Short Title Sub-Part 2. Concepts Sec. 2-102. Control Over Investment Property Sub-Part 3. Applicability of Chapter Sec. 2-103. Sufficiency of Description Sec. 2-104. Policy and Scope of Chapter Sec. 2-105. Transactions Excluded from Chapter Sec. 2-106. Applicability of Other Statutes PART 2. VALIDITY OF SECURITY AGREEMENT, ATTACHMENT OF SECURITY INTEREST, AND RIGHTS OF PARTIES TO SECURITY AGREEMENT Sub-Part 1. Validity and Attachment Sec. 2-201. General Validity of Security Agreement Sec. 2-202. Title to Collateral Immaterial Sec. 2-203. Attachment and Enforceability of Security Interest; Proceeds; Support Obligations; Formal Requisites Sec. 2-204. After-Acquired Property; Future Advances Sec. 2-205. Use or Disposition of Collateral Without Accounting Permissible Sec. 2-206. Security Interest Arising in Purchase or Delivery of Financial Asset Sub-Part 2. Validity and Attachment Sec. 2-207. Rights and Duties When Collateral Is in Secured Party's Possession Sec. 2-208. Request for Accounting, List of Collateral or Statement of Account PART 3. PERFECTION OF SECURITY INTERESTS Sub-Part 1. Law Governing Perfection and Priority Sec. 2-301. Perfection and Priority of Certain Possessory and Nonpossessory Security Interests Sec. 2-302. Perfection and Priority of Agricultural Liens Sec. 2-303. Perfection and Priority of Security Interests in Goods Covered by a Certificate of Title Sec. 2-304. Perfection and Priority of Security Interests in Deposit Accounts Sec. 2-305. Perfection and Priority of Security Interests in Investment Property Sec. 2-306. Perfection and Priority of Security Interest in Minerals Sec. 2-307. Location of Debtor Sub-Part 2. Perfection Sec. 2-308. When Security Interest or Agricultural Lien is Perfected; Continuity of Perfection Sec. 2-309. When Filing Is Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions of This Chapter Do Not Apply Sec. 2-310. Perfection of Security Interest in Instruments, Documents, and Goods Covered by Documents; Perfection by Permissive Filing; Temporary Perfection Without Filing or Transfer of Possession. Sec. 2-311. When Possession by Secured Party Perfects Security Interest Without Filing Sec. 2-312. Perfection by Control Sec. 2-313. Proceeds; Secured Party's Rights on Disposition of Collateral; Secured Party's Rights in Proceeds Sec. 2-314. Perfection of Security Interest or Agricultural Lien Following Change in Applicable Law Sub-Part 3. Priority Sec. 2-315. Interests That Take Priority Over and Take Free of Unperfected Security Interests or Agricultural Lien Sec. 2-316. Rights and Title of Consignee and Seller of Account or Chattel Paper With Respect to Creditors and Purchasers Sec. 2-317. Protection of Buyers of Goods Sec. 2-318. Lessees of Goods in Ordinary Course of Business Sec. 2-319. Priorities Among Conflicting Security Interests and Agricultural Liens in the Same Collateral Sec. 2-320. Future Advances Sec. 2-321. Priority of Production Money Security Interests and Agricultural Liens Sec. 2-322. Priority of Purchase Money Security Interests Sec. 2-323. Priority of Security Interests in Transferred Collateral Sec. 2-324. Priority of Security Interests Created by New Debtor Sec. 2-325. Priority of Security Interests in Investment Property Sec. 2-326. Priority of Security Interests in Deposit Accounts Sec. 2-327. Priority of Security Interests in Letters of Credit Sec. 2-328. Purchase of Chattel Paper and Instruments Sec. 2-329. Rights of Purchasers of Instruments, Documents and Securities Under Other Law Sec. 2-330. Transfer of Money; Transfer of Funds From Deposit Account Sec. 2-331. Priority of Certain Liens Arising by Operation of Law Sec. 2-332. Priority of Security Interests in Fixtures Sec. 2-333. Accessions Sec. 2-334. Priority When Goods Are Commingled or Processed Sec. 2-335. Priority of Security Interest in Goods Covered by a Certificate of Title Sec. 2-336. Priority of Security Interest Perfected by Effective Financing Statement Containing Incorrect Information Sec. 2-337. Priority Subject to Subordination Sec. 2-338. Effectiveness of Right of Recoupment or Set-off Against Deposit Account Sec. 2-339. Depositary Institution's Right to Dispose of Funds in Deposit Account PART 4. RIGHTS OF THIRD PARTIES Sec. 2-401. Alienability of Debtor's Rights; Judicial Process Sec. 2-402. Secured Party Not Obligated on Contract of Debtor Sec. 2-403. Agreement Not to Assert Defenses Against Assignee; Modification of Sales Warranties Where Security Agreement Exists Sec. 2-404. Rights Acquired by Assignee; Defenses Against Assignee; Modification of Contract; Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Term Prohibiting Assignment Ineffective Sec. 2-405. Restrictions on Assignment of Certain General Intangibles Ineffective PART 5. FILING Sub-Part 1. Place of Filing, Contents and Effectiveness of Financing Statement Sec. 2-501. Place of Filing Sec. 2-502. Contents of Financing Statement; Mortgage as Financing Statement; Time of Filing Financing Statement Sec. 2-503. Name of Debtor and Secured Party Sec. 2-504. Indication of Collateral Sec. 2-505. Filing and Compliance With Other Statutes and Treaties for Consignments, Leases, Bailments, and Other Transactions Sec. 2-506. Effect of Minor Errors Sec. 2-507. Effect of Certain Changes on Effectiveness of Financing Statement Sec. 2-508. Authorization of Financing Statement; Liability for Unauthorized Filing Sec. 2-509. Amendment of Financing Statement Sec. 2-510. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement Sec. 2-511. Termination Statement Sec. 2-512. Assignment of Rights Under Financing Statement Sec. 2-513. Multiple Secured Parties of Record Sec. 2-514. Successor of Secured Party Sec. 2-515. What Constitutes Filing a Record; Effectiveness of Filing Sec. 2-516. Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement Sec. 2-517. Contents of Continuation Statement Sec. 2-518. Effect of Indexing Errors Sec. 2-519. Claim Concerning Inaccurate or Wrongfully Filed Record; Failure to Send or File Termination Statement Sub-Part 2. Duties and Operation of Filing Office Sec. 2-520. Numbering, Maintaining, and Indexing Records Sec. 2-521. Acceptance and Refusal to Accept Record Sec. 2-522. Lapsed Financing Statements Sec. 2-523. Information From Filing Office Sec. 2-524. Assignment of Functions to Third Party Sec. 2-525. Fees Sec. 2-526. Administrative Rules PART 6. DEFAULT Sub-Part 1. Default and Enforcement of Security Interest Sec. 2-601. Default and Enforcement of Security Interest Sec. 2-602. Waiver and Variance of Rights and Duties Sec. 2-603. Agreement on Standards Concerning Rights and Duties Sec. 2-604. Procedure if Security Agreement Covers Real Property of Fixtures Sec. 2-605. Time of Default for Agricultural Lien Sec. 2-606. Collection Rights of Secured Party Sec. 2-607. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus Sec. 2-608. Secured Party's Right to Take Possession After Default Sec. 2-609. Disposition of Collateral After Default Sec. 2-610. Persons Entitled to Notification Before Disposition of Collateral Sec. 2-611. Timeliness of Notification Before Disposition of Collateral Sec. 2-612. Contents and Form of Notification Prior to Disposition of Collateral Sec. 2-613. Application of Proceeds of Disposition; Liability for Deficiency and Rights to Surplus Sec. 2-614. Rights of Transferee of Collateral Sec. 2-615. Rights and Duties of Certain Persons Liable to Secured Party Sec. 2-616. Transfer of Record or Legal Title Sec. 2-617. Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral Sec. 2-618. Notification of Proposal to Accept Collateral Sec. 2-619. Effect of Acceptance of Collateral Sec. 2-620. Rights to Redeem Collateral Sec. 2-621. Reinstatement of Obligation Secured Without Acceleration Sec. 2-622. Waiver of Agreement by Debtor or Consumer Obligor Sub-Part 2. Noncompliance With This Chapter Sec. 2-623. Remedies for Secured Party's Failure to Comply With This Chapter Sec. 2-624. Action in Which Deficiency or Surplus is at Issue Sec. 2-625. Determination of Whether Conduct Was Commercially Unreasonable Sec. 2-626. Nonliability of Secured Party in Certain Circumstances; Liability of Secondary Obligor Sec. 2-627. Attorney's Fees in Consumer Secured Transactions PART 7. JUDICIAL PROCEDURE Sec. 2-701. One Action to Foreclose Security Interest Sec. 2-702. Action to Foreclose Interest in Personal Property Sec. 2-703. Right of Attachment Sec. 2-704. Conduct of Sale Sec. 2-705. Return on Sale Title XVII - Limited Liability Code ARTICLE 1. GENERAL PROVISIONS Sec. 101. Definitions Sec. 102. Knowledge and Notice Sec. 103. Effect of Operating Agreement; Nonwaivable Provisions Sec. 104. Name Sec.105. Designated Office and Agent for Service of Process Sec. 106. Change of Designated Office or Agent for Service of Process Sec. 107. Resignation of Agent for Service of Process. Sec. 108. Service of Process Sec. 109. Nature of Business and Powers ARTICLE 2. ORGANIZATION Sec. 201. Limited Liability Company as Legal Entity Sec. 202. Organization Sec. 203. Articles of Organization Sec. 204. Amendment or Restatement of Articles of Organization Sec. 205. Signing of Records Sec. 206. Filing in Office of Tribal Clerk of Court Sec. 207. Correcting Filed Record Sec. 208. Certificate of Existence or Authorization Sec. 209. Liability for False Statement in Filed Record Sec. 210. Annual Report for Tribal Clerk of Court ARTICLE 3. RELATIONS OF MEMBERS AND MANAGERS TO PERSONS DEALING WITH LIMITED LIABILITY COMPANY Sec. 301. Agency of Members and Managers Sec. 302. Limited Liability Company Liable for Member's or Manager's Actionable Conduct Sec. 303. Liability of Members and Managers ARTICLE 4. RELATIONS OF MEMBERS TO EACH OTHER AND TO LIMITED LIABILITY COMPANY Sec. 401. Form of Contribution Sec. 402. Member's Liability for Contributions Sec. 403. Member's and Manager's Rights to Payments and Reimbursement Sec. 404. Management of Limited Liability Company Sec. 405. Sharing of and Right to Distributions Sec. 406. Limitations on Distributions Sec. 407. Liability for Unlawful Distributions Sec. 408. Member's Right to Information Sec. 409. General Standards of Member's and Manager's Conduct Sec. 410. Actions by Members Sec. 411. Continuation of Term Company After Expiration of Specified Term ARTICLE 5. TRANSFEREES AND CREDITORS OF MEMBER Sec. 501. Member's Distributional Interest Sec. 502. Transfer of Distributional Interest Sec. 503. Rights of Transferee Sec. 504. Rights of Creditor ARTICLE 6. MEMBER'S DISSOCIATION Sec. 601. Events Causing Member's Dissociation Sec. 602. Member's Power to Dissociate; Wrongful Dissociation Sec. 603. Effect of Member's Dissociation ARTICLE 7. MEMBER'S DISSOCIATION WHEN BUSINESS NOT WOUND UP Sec. 701. Company Purchase of Distributional Interest Sec. 702. Court Action to Determine Fair Value of Distributional Interest Sec. 703. Dissociated Member's Power to Bind Limited Liability Company ARTICLE 8. WINDING UP COMPANY'S BUSINESS Sec. 801. Events Causing Dissolution and Winding Up of Company's Business Sec. 802. Limited Liability Company Continues After Dissolution Sec. 803. Right to Wind Up Limited Liability Company's Business Sec. 804. Articles of Termination Sec. 805. Distribution of Assets in Winding Up Limited Liability Company's Business Sec. 806. Grounds for Administrative Dissolution Sec. 807. Procedure for and Effect of Administrative Dissolution Sec. 808. Reinstatement Following Administrative Dissolution ARTICLE 9. MISCELLANEOUS PROVISIONS Sec. 901. Chitimacha Tribe as Member Sec. 902. Jurisdiction Sec. 903. Short Title Title XVIII - Tribal Bond Legislation Sec. 101. Obligations Title XIX - Abandoned Property Code CHAPTER 1. DEFINITIONS Sec. 101. Scope Sec. 102. Definitions CHAPTER 2. ABANDONED PROPERTY Sec. 201. On the Gaming Enterprise Site Sec. 202. On the Chitimacha Reservation Sec. 203. Procedure if Unclaimed CHAPTER 3. ESCHEAT OF ABANDONED FUNDS Sec. 301. Presumption of Abandonment Sec. 302. Duties of Holder of Abandoned Funds Sec. 303. Disposition of Funds Received by Chitimacha Tribal Council or Designee Sec. 304. Claims for Abandoned Funds Title XX - Foreign Judgments, Wage Executions, and Subpoenas CHAPTER 1. RECOGNITION OF FOREIGN JUDGMENTS Sec. 101. Definitions Sec. 102. Presumed Validity. Reciprocity Sec. 103. Filing of Foreign Judgment. Enforcement Sec. 104. Notification Sec. 105. Stay of Proceedings, Modifications, Hearings Sec. 106. Enforceability CHAPTER 2. WAGE EXECUTIONS Sec. 201. Application Sec. 202. Installment Payment Order Sec. 203. Amount Subject to Levy Sec. 204. Issuance Sec. 205. Contents Sec. 206. Service Sec. 207. Expiration of Wage Execution Sec. 208. Employer Responsibilities Sec. 209. Modification Sec. 210. Assignment of Income Sec. 211. Other Attachment CHAPTER 3. SUBPOENAS DIRECTED TO THE CHITIMACHA TRIBE OF LOUISIANA, ITS ENTITIES FOR APPEARANCE OR PRODUCTION OF DOCMENTS Sec. 301. Issuance Sec. 302. Requirements Sec. 303. Service Sec. 304. Objection Sec. 305. Service upon Governmental Authority Sec. 306. Deposition Sec. 307. Testimony Title XXI - Estate Planning and Probate Law CHAPTER 1. GENERAL ESTATE PLANNING AND PROBATE PROVISIONS Sec. 101. Purpose Sec. 102. Definitions Sec. 103. Jurisdiction Sec. 104. Control of Funeral Arrangements Sec. 105. Indian Custom and Tradition Distribution of Indian Finery and Artifacts Sec. 106. Effect of Fraud and Evasion Sec. 107. Evidence as to Death or Status Sec. 108. Practice in Court Sec. 109. Judicial Powers and Duties Sec. 110. Numerical Index, Records and Certified Copies Sec. 111. Jury Trial Sec. 112. Oath or Affirmation on Filed Documents Sec. 113. Notice Sec. 114. Renunciation of Succession Sec. 115. Effect of Divorce, Annulment, and Decree of Separation Sec. 116. Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designation Sec. 117. Simultaneous Death Provisions CHAPTER 2. WILLS Sec. 201. Who May Make A Will Sec. 202. Execution Sec. 203. Holographic Will Sec. 204. Oral Wills Sec. 205. Self-Proved Will-Form Sec. 206. Who May Witness Sec. 207. Choice of Law as to Execution Sec. 208. Revocation by Writing or by Act Sec. 209. Revocation by Divorce; No Revocation by Other Changes of Circumstances Sec. 210. Revival of Revoked Will Sec. 211. Incorporation by Reference Sec. 212. Events of Independent Significance Sec. 213. Rules of Construction and Intention CHAPTER 3. INTESTATE SUCCESSION Sec. 301. Intestate Succession Sec. 302. Share of the Spouse Sec. 303. Share of Heirs Other Than Surviving Spouse Sec. 304. No Taker Sec. 305. Representation Sec. 306. Posthumous Persons Sec. 307. Kindred of Half Blood; Stepchildren; Foster Children Sec. 308. Divorce Sec. 309. Determination of Relationship of Parent and Child CHAPTER 4. FAMILY RIGHTS/PROTECTION Sec. 401. Omitted Spouse Sec. 402. Pretermitted Children Sec. 403. Homestead Allowance Sec. 404. Exempt Property Sec. 405. Family Allowance Sec. 406. Source, Determination, and Documentation Sec. 407. Dwelling Exemption Sec. 408. Summary Probate of Exempt Estates Sec. 409. Settlement of Small Estates without Probate of Will or Letters of Administration Sec. 410. Order of Payment of Claims, Expenses and Taxes CHAPTER 5. INHERITANCE BY NON-INDIANS/FRACTIONATED HEIRSHIP Sec. 501. Incorporation by Reference of Article IV of the Constitution and Bylaws of the Chitimacha Tribe of Louisiana (Assignment of Tribal Lands) ARTICLE IV - ASSIGNMENT OF TRIBAL LANDS Sec. 502. Clarification of Article IV of the Constitution and Bylaws of the Chitimacha Tribe of Louisiana (Assignment of Tribal Lands) Sec. 503. Restrictions on Inheritance of Individual Trust/Restricted Lands by Non-Indians Sec. 504. Escheat of Certain Fractionated Interests CHAPTER 6. ADMINISTRATION OF INTESTATE ESTATES Sec. 601. Petition Sec. 602. Administration of Intestate Estate Sec. 603. Appointment of Administrator Sec. 604. Oath of Administrator; Letters of Administration Sec. 605. Notice to Creditors Sec. 606. Payment of Creditors Sec. 607. Accounting Sec. 608. No Taker/Escheat To Tribe Sec. 609. Advancements Sec. 610. Debts to Decedent Sec. 611. Distribution; Closing Estate CHAPTER 7. PROBATE OF WILLS Sec. 701. Duty to Present Will for Probate Sec. 702. Proving, Contesting and Admitting Will Sec. 703. Petition for Letters Testamentary Sec. 704. Qualification of Executor Sec. 705. Appointment of Executor Sec. 706. Duties of Executor; Bond Sec. 707. Creditors Sec. 708. Accounting Sec. 709. Distribution; Closing Estate Sec. 710. Distribution; Order in which Assets Appropriated; Abatement Sec. 711. Property Discovered After Estate Closed CHAPTER 8. DECLARATIONS CONCERNING LIFE-SUSTAINING PROCEDURES Sec. 801. Purpose, Findings and Intent Sec. 802. Definitions Sec. 803. Making of Declaration; Notification; Illustrative Form; Registry Sec. 804. Revocation of Declaration Sec. 805. Procedure for Making a Declaration for a Qualified Patient Who Has Not Previously Made a Declaration Sec. 806. Making a Declaration for the Benefit of a Terminally Ill Minor Sec. 807. Physician, Health Care Provider, Certified Emergency Technician, and Certified First Responder Responsibility Sec. 808. Immunity from Liability Sec. 809. Penalties Sec. 810. Making a Durable Health Care Power of Attorney Sec. 811. General Application Title XXII - Sex Offender Registry Code CHAPTER 1. GENERAL MATTERS Sec. 101 Title 1 Sec. 102 Introduction Sec. 103 Previous Code Superseded CHAPTER 2. TERMINOLOGY Sec. 201 Applicability Sec. 202 Definitions CHAPTER 3. COVERED OFFENSES Sec. 301 Description of Registrants Sec. 302 Tribal Offenses Sec. 303 Federal Offenses Sec. 304 Foreign Offenses Sec. 305 Military Offenses Sec. 306 Juvenile Offenses or Adjudications Sec. 307 Jurisdiction Offenses Sec. 308 Sex Offenses CHAPTER 4. TIERED OFFENSES Sec. 401 Tier 1 Offenses Sec. 402 Tier 2 Offenses Sec. 403 Tier 3 Offenses CHAPTER 5. REGISTRATION Sec. 501 Duties Sec. 502 Jurisdictions Sec. 503 Registrations Frequencies Sec. 504 Timing of Registration Sec. 505 Retroactive Registration Sec. 506 Failure to Appear for Registration and Absconding Sec. 507 Keeping Registration Current CHAPTER 6. REQUIRED INFORMATION Sec. 601 General Requirements Sec. 602 Name Sec. 603 Social Security Number Sec. 604 Date of Birth Sec. 605 Physical Description Sec. 606 Vehicle Information Sec. 607 Residence Address Sec. 608 Temporary Lodging Sec. 609 Phone Numbers Sec. 610 Internet Identifiers Sec. 611 Employment Information Sec. 612 School Sec. 613 Professional Licensing Information Sec. 614 Offense Information Sec. 615 Victim Information Sec. 616 Sex Offense Sec. 617 Criminal History Sec. 618 DNA Sample Sec. 619 Driver’s Licenses, Identification Cards, Passports, and Immigration Documents Sec. 620 Finger and Palm Prints Sec. 621 Picture Sec. 622 Registration Form CHAPTER 7. WHEN A JURISDICTION HAS INFORMATION THAT A SEX OFFENDER MAY HAVE ABSCONDED Sec. 701 Jurisdiction CHAPTER 8. PUBLIC SEX OFFENSE REGISTRY WEBSITE Sec. 801 Website Sec. 802 Required and Prohibited Information Sec. 803 Community Notification CHAPTER 9. CRIMES AND CIVIL SANCTIONS Sec. 901 Penalties [Table of Contents created by NILL in June 2022, based on materials available on tribe's website.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Achitimacha%3A264dfaf232f451fd. Public record. Not legal advice.