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Ely Shoshone Tribe Law and Order Code

[Last Revised: 2000]

ORDINANCES OF THE ELY COLONY COUNCIL

TRAFFIC CODE
ORDINANCE NO. 88-EC-IX

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

Article I GENERAL PROVISIONS

(A) In order to assure the uniformity of laws within the area of traffic regulation and control, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to these statutes.

(B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe.

(C) Any references to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context.

(D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held valid, the remainder of this Code shall not be affected hereby.

(E) Pursuant to 25 C.F.R. ss\11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith.

(F) This Ordinance shall become effective on the effective date of approval of the Secretary of the Interior, or his duly authorized representative.

Article II MOTOR VEHICLE LAWS

The Ely Colony Shoshone Tribe hereby adopts as Tribal Laws all provisions of the Nevada Revised Statutes and any subsequent amendments thereto relating to traffic laws and rules of the road.

Article III PENALTIES

The Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions contained in the traffic laws of the Revised Statutes of Nevada, identified in Article II herein, to the fullest extent provided by law; Provided, however, that the maximum penalty for conviction of any one offense shall not exceed a term of one year imprisonment or a fine of $5,000.00, or both, in accordance with the Ely Colony Indian Civil Rights Ordinance.

CERTIFICATION

It is hereby certified that the foregoing ordinance of the Ely Shoshone Colony Council, governing body of the Ely Colony Shoshone Tribe, composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section I (f) of the Ely Tribal Constitution and By-Laws, approved April 8, 1966.

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88

CRIMES AND PUNISHMENT
ORDINANCE NO. 88-EC-X

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

(A) In order to assume the public safety of the members of the Ely Colony and maximize the uniformity of the application of laws in the area, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to these statutes.

(B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of Ely Colony Shoshone Tribe.

(C) Any reference to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdiction limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context.

(D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby.

(E) Pursuant to 25 C.F.R. Ss\11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith.

(F) This ordinance shall become effective on the effective date of the retrocession of jurisdiction as published in the Federal Register, or upon approval by the Secretary of the Interior (or his delegate), whichever occurs earlier.

Article II CRIMES AND PUNISHMENT

The Ely Colony Shoshone Tribe hereby adopts as tribal law the following provisions of Title 15 of the Nevada Revised Statutes and any subsequent amendments thereto.

(A) Chapter 193 - General Provisions, with the following addition:

193.0141 "Defendant" defined. "Defendant" means any Indian arrested for an offense pursuant to the criminal laws of the Ely Colony Shoshone Tribe or United States on lands under the jurisdiction of the Ely Colony Shoshone Tribe.

(B) Chapter 194 - Persons Liable To Be Punishment For Crime.

(C) Chapter 195 - Parties to Crimes.

(D) Chapter 196 - Crimes Against Sovereignty.

(E) Chapter 197 - Crimes By And Against The Executive Power.

(F) Crimes Against The Legislative Power.

(G) Crimes Against Public Justice.

(H) Crimes Against The Person.

(I) Chapter 201 - Crimes Against Public Decency And Good Morals.

(J) Chapter 202 - Crimes Against Public Health And Safety.

(K) Chapter 203 - Crimes Against The Public Peace.

(L) Chapter 204 - Crimes Against the Revenue And Property Of This State.

(M) Chapter 205 - Crimes Against Property.

(N) Chapter 206 - Malicious Mischief.

(O) Chapter 207 - Miscellaneous Crimes.

Article II PENALTIES

The Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions contained in the provisions enumerated in Article II herein, to the fullest extent provided by law; Provided, however, that the maximum penalty for conviction of any one offense shall not exceed a term of one year imprisonment or a fine of $5,000, or both, in accordance with the Ely Colony Indian Civil Rights Ordinance.

CERTIFICATION

It is hereby certified that the foregoing ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe, composed of 5 members whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April, 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section 1 (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966.

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88

CRIMINAL PROCEDURE
ORDINANCE NO. 88-EC-XI

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

Article I GENERAL PROVISIONS

(A) In order to provide due process, assure the orderly administration of justice and maximize the uniformity of the application of criminal procedural laws within the area, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to the statutes.

(B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe.

(C) Any references to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context.

(D) If any provision of this Code or the application of any provision of the Code to any person or circumstances is held invalid, the remainder of this Code shall not be affected hereby.

(E) Pursuant to 25 C.F.R. 11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith.

(F) This ordinance shall become effective on the date of approval of the Secretary of the Interior, or his authorized representative.

Article II PROCEDURE IN CRIMINAL CASES

The Ely Colony Shoshone Tribe hereby adopts as tribal law the following provisions of Title 14 of the Nevada Revised Statutes and any subsequent amendments thereto:

(A) Chapter 169 - Preliminary Provisions.

(B) Chapter 170 - Prevention of Public Offenses.

(C) Chapter 171 - Proceedings to Commitment, except the following: ss171.035, 171.040, 171.045, 171.055, 171.060, 171.065, 171.075, 171.100, 172.182, 171.184, 171.188.

(D) Chapter 172 - Proceedings After Commitment and Before Indictment, except the following: ss172.025, 172.045, 172.047, 172.055, 172.065, 172.075, 172.085, 172.097, 172.105, 172.107, 172.135, 172.139, 172.145, 172.155, 172.165, 172.175, 172.185, 172.195, 172.197, 172.215, 172.225, 172.235, 172.239, 172.241, 172.245, 172.255, 172.259, 172.265, 172.267, 172.269, 172.271, 172.275, 172.285, 172.295, 172.305.

(E) Chapter 173 - Indictment and Information. This chapter will be adopted except the title shall be changed to "Complaint." All the provisions of the Title 14, Chapter 173 shall be hereby adopted except the following: ss173.165.

(F) Chapter 174 - Arraignment and Preparation for Trial. All provisions of this chapter are hereby adopted except the following: ss174.395, 174.405, 174.415, 174.425, 174.435, 174.445, 174.455, 174.464, 174.475, 174.485, 174.495, 174.505.

(G) Chapter 175 - Trial. All provisions of this chapter are adopted except the following: ss175.552, 175.554, 175.556, 175.558, 175.562.

(H) Chapter 176 - Judgment and Execution. All provisions of this chapter are hereby adopted except the following: ss176.003, 176.006, 176.009, 176.011, 176.025, 176.345, 176.415, 176.425, 176.435, 176.445, 175.455, 176.465, 176.475, 176.487, 176.495.

Article II PENALTIES

The Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions enumerated in Article II herein to the fullest extent provided by law.

CERTIFICATION

It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April, 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section 1 (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966.

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88

PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT
ORDINANCE NO. 88-EC-XV

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

Article I GENERAL PROVISIONS

(A) In order to provide for the maximum safety and best interests of the children of Indians residing on Ely Colony lands and to protect said children from abuse and neglect. The Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to these statutes.

(B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe.

(D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected hereby.

(E) Pursuant to 25 C.F.R. ss11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith.

(F) The Indian Child Welfare Act, 25 U.S.C. ss1901-1963 and any subsequent amendments thereto shall control in the event of conflict of the laws adopted herein.

(G) This Ordinance shall become effective upon date of approval of the Secretary of the Interior, or his duly authorized representative.

Article II PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT CODE

The Ely Colony Shoshone Tribe hereby adopts in its entirety, Chapter 432(b) of the Nevada Revised Statutes commonly known as "Protection of Children from Abuse and Neglect."

CERTIFICATION

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88

CODE FOR PROCEDURE IN JUVENILE CASES
ORDINANCE NO. 88-EC-XVI

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

Article I GENERAL PROVISIONS

(A) In order to provide for due process and the best interests of juveniles brought before the law under the Codes of the Ely Colony Shoshone Tribe, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada and any subsequent amendments to these statutes.

(B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Shoshone Tribe.

(C) Any reference to jurisdiction, courts, agencies, offices, officers or other factors or issues which may not appropriately apply to the jurisdictional limitations of the Ely Colony Shoshone Tribe shall, whenever possible, be read in an analogous context appropriate to the jurisdiction and governmental structure and status of the Ely Colony Shoshone Tribe and be given a common sense meaning and interpretation consistent with that context.

(D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby.

(E) Pursuant to 25 C.F.R. ss11.1(e), the provisions of this code shall be controlling and supercede any regulations codified at 25 C.F.R. Part 11 which may be inconsistent herewith.

(F) This Ordinance shall become effective upon approval of the Secretary of the Interior, or his duly authorized representative.

Article II PROCEDURE IN JUVENILE CASES

The Ely Colony Shoshone Tribe hereby adopts Title 5 of the Nevada Revised Statutes, Chapter 62, Juvenile Courts except for the following provisions: ss62.034, 62.038, 62.041, 62.050, 62.060, 62.080, 62.090, 62.100, 62.105, 62.110, 62.115, 62.117, 62.122, 62.123, 62.321, 62.390.

CERTIFICATION

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88

RECIPROCAL ENFORCEMENT OF SUPPORT (UNIFORM CODE)
ORDINANCE NO. 88-EC-XVII

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

Article I GENERAL PROVISIONS

(A) In order to provide for the uniform enforcement of child support, and to provide for the best interests of dependent children, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Nevada Revised Statutes and any subsequent amendments to these statutes.

(B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe.

(D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this code shall not be affected thereby.

(E) Pursuant to 25 C.F.R. Ss/ll.l (e), the provisions of this Code shall be controlling and supercede any regulations codified at 25 C.F.R. Part ll which may be inconsistent herewith.

(F) This Ordinance shall become effective on date of approval of the Secretary of the Interior, or his duly authorized representative.

Article II RECIPROCAL ENFORCEMENT OF SUPPORT (UNIFORM ACT)

The Ely Colony Shoshone Tribe hereby adopts the Reciprocal Enforcement of Support Uniform Act, as provided by Chapter 130 of the Nevada Revised Statutes, except the following: 130.115, {original text omitted due to technical illegibility}

Article III PENALTIES

To the fullest extent provided by law, the Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions contained in the act identified in Article II herein.

CERTIFICATION

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88

JURISDICTION OVER CUSTODY OF CHILDREN (UNIFORM ACT)
ORDINANCE NO. 88-EC-XVIII

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

(A) In order to assure orderly jurisdiction over the custody of children, the Ely Colony Shoshone Tribe hereby adopts the following provisions of the Revised Statutes of Nevada, and any subsequent amendments to these statutes.

(B) Any reference in this Title to the law of the State of Nevada is hereby incorporated by reference to include the law of the Ely Colony Shoshone Tribe.

(D) If any provision of this Code or the application of any provision of this Code to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby.

(E) Pursuant to 25 C.F.R. Ss/ll.l (e), the provisions of this Code shall be controlling and supercede any regulations codified at 25 C.F.R. Part II which may be inconsistent herewith.

(F) This Ordinance shall become effective on the date of approval of the Secretary of the Interior, or his duly authorized representative.

Article II JURISDICTION OVER CUSTODY OF CHILDREN (UNIFORM ACT)

(A) The Ely Colony Shoshone Tribe hereby adopts the entire Nevada statute, Chapter 125(A), Jurisdiction Over Custody of Children (Uniform Act).

(B) To the extent that the statute adopted herein in Article II, A is inconsistent with the Indian Child Welfare Act, 25 U.S.C. Ss/1901-=1963, or traditional tribal law, the Indian Child Welfare Act and/or traditional tribal law shall supercede the applicability of the Uniform Act herein adopted.

Article III PENALTIES

To the fullest extent provided by law, the Ely Colony Shoshone Tribe hereby adopts any and all penalty provisions contained in the Uniform Act adopted in Article II, A.

CERTIFICATION

It is hereby certified that the foregoing Ordinance of the Ely Colony Council, governing body of the Ely Colony Shoshone Tribe, composed of 5 members, of whom 5 constituting a quorum were present at a meeting duly held on the 12th day of April 1988, was adopted and approved by the affirmative vote of 5 FOR; 0 AGAINST; 0 ABSTAINED; pursuant to the authority contained under Article VI, Section l (f) of the Ely Tribal Constitution and By-laws, approved April 8, 1966.

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88

EXTRADITION CODE
ORDINANCE NO. 88-EC-XXIII

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

Article I EXTRADITION PROCEDURE

Whenever the Chairman of the Ely Colony Shoshone Council is informed and reasonably believes that an Indian has committed a crime outside of Indian country and is present on lands under the jurisdiction of the Ely Shoshone Tribe using them as an asylum from prosecution by federal, state or tribal authorities off Ely Colony lands, the Tribal Chairman may order any appropriate police officer acting under the authority of the Ely Colony Shoshone Tribe to apprehend such Indian and deliver him or her to the proper federal, state or tribal authorities at the reservation boundary.

Article II EXTRADITION HEARING

If any Indian is detained pursuant to Article I of this Chapter, and he or she demands a hearing, a hearing will be scheduled in the C.F.R./Tribal court as soon as possible. At this hearing, if it appears to the judge that there is probably cause to believe that the Indian in custody will not receive a fair and impartial trial in the off-reservation court, the judge shall order that the Indian be released from custody.

Article III PROOF REQUIRED BEFORE EXTRADITION PROCEEDINGS COMMENCE

No demand for extradition shall be recognized by the C.F.R./Tribal Court or the Tribal Chairman, nor shall any hearing for extradition be scheduled, until the court shall receive such demand in writing and accompanied by certified copies of the indictment, information complaint together with a certified copy of the warrant issued.

CERTIFICATION

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88

BAIL SCHEDULE
ORDINANCE NO. 88-EC-XXV

BE IT ENACTED BY THE ELY COLONY COUNCIL, that the following Ordinance is herewith duly adopted and approved:

Article I TRAFFIC VIOLATION BAIL SCHEDULE

The Ely Colony Shoshone Tribe hereby adopts the traffic violation bail schedule attached as Exhibit A.

Article II BAIL SCHEDULES FOR MISDEMEANORS/GROSS MISDEMEANORS

The Ely Colony Shoshone Tribe hereby adopts the bail schedule for Gross Misdemeanors and Misdemeanors attached herewith as Exhibit B.

CERTIFICATION

Bennie Reilley, Chairman, Ely Colony Council

ATTEST:
Sally Marques, Secretary, Ely Colony Council

APPROVED:
Superintendent, Eastern Nevada Agency

4/15/88