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Law and Order Code of the Fort McDowell
Yavapai Community, Arizona

Adopted by Resolution No. 90-30
July 9, 1990 and Subsequently Amended
[Includes amendments dated 2000.]

Approved by Area Director, Bureau of Indian Affairs
Phoenix Area Office
October 16, 1990

CHAPTER 13 - HEALTH AND SANITATION

Art. I. In General, §§ 13-1 - 13-20

Art. V. Food Service Establishments and Retail Food Stores, §§ 13-71 - 13-83

ARTICLE I. IN GENERAL

Sec. 13-1. DISPOSAL OF DEAD ANIMALS.

Owners of dead animals shall dispose of the carcasses by burial or burning.

Sec. 13-2. POLLUTION OF DOMESTIC WATER.

It shall be unlawful for any person to pollute any source of domestic waters, including but not limited to streams, springs and wells, by disposing of garbage, dead animals, refuse or by locating a privy within fifty (50) feet of such domestic water.

Sec. 13-3. ILLEGAL DUMPING.

Any person who shall dump any trash, garbage or refuse within the exterior boundaries of the community, except for the designated landfill area, shall be deemed guilty of an offense and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) or to imprisonment not to exceed six (6) months, or both, with costs.

Sec. 13-4. VIOLATIONS.

Any person who violates the provisions of this chapter for which no penalty is otherwise specified or interferes with the performance of official, duty thereunder is guilty of an offense and, upon conviction thereof, shall be subject to a fine of thirty dollars ($30.00) or thirty (30) days imprisonment, or both, with costs.

(Secs. 13-5 - 13-20. RESERVED.)

ARTICLE V. FOOD SERVICE ESTABLISHMENTS AND RETAIL FOOD STORES

Sec. 13-71. POLICY.

It is the policy of the Fort McDowell Yavapai Indian Community that food service and retail food store sales organizations operating within the Fort McDowell Yavapai Indian Community conduct their food-handling businesses in such a way as to protect the public against the hazards to their health and welfare.

Sec. 13-72. DEFINITIONS.

In this article, unless the context otherwise requires, the following terms shall have the meanings herein ascribed to them:

Business means all activities or acts, personal or corporate, engaged in and caused to be engaged in with the object of gain, benefit or advantage, either direct or indirect, but not casual activities or sale, or activities engaged in which are operated from the residence of the operator, which residence is located within the exterior boundaries of the Fort McDowell Yavapai Indian Community.
Engaging, when used with reference to engaging or continuing in business, includes the exercise of corporate or franchise powers.
Person means individual, corporation, company, association, firm, copartnership or any group of individuals acting as a unit.
Food service means activities or acts engaged in by any person involving the sale of food at retail, in eating establishments or food stores.

Sec. 13-73. LICENSE REQUIRED.

No person shall commence, practice, transact or carry on any business involving food service as defined in this article without having procured a license as provided for in this article.

Sec. 13-74. RELATIONSHIP OF LICENSE TO OTHERS.

The license provided for in this article does not supplant any other requirement for the issuances of other licenses under this code.

Sec. 13-75. APPLICATION FOR LICENSE.

Application for a license under this article shall be made by the operator of the business engaged in food service on forms furnished by the community manager to the community development department. Every application shall be accompanied by an application fee in the amount of fifty dollars ($50.00). Upon the granting of the license, the application fee shall be applied to the total required license fee. Annual license fees shall be one hundred and fifty dollars ($150.00).

Sec. 13-76. DURATION OF LICENSE.

Each license shall be valid for a calendar year. Subsequent licenses will be issued upon the payment of a license application fee and the submission of a reapplication. There shall be no proration of license fees issued after the beginning of a calendar year.

Sec. 13-77. DISPLAY OF LICENSES.

All licenses issued under the provisions of this article must be displayed in a conspicuous place in the establishment at which the business dealing in food service is conducted or carried on.

Sec. 13-78. SANITATION CODES.

There are adopted as the laws of the Fort McDowell Yavapai Indian Community the United States Department of Health and Human Services "Retail Food Store Sanitation Code of 1982" and the United States Department of Health and Human Services "Food Service Sanitation Manual" of 1976.

Sec. 13-79. INTERGOVERNMENTAL AGREEMENTS AND CONSULTING CONTRACTS.

The Community Development Department with the consent of the Fort McDowell Yavapai Indian Community may enter into intergovernmental agreements with departments of the State of Arizona or departments of Maricopa County, Arizona, or with private contractors to provide inspection and other services required under this article.

Sec. 13-80. REGULATIONS.

All licenses under this article shall comply with all regulations which are promulgated under the authority of and in compliance with provisions of this article and with the Code of Ordinances of the Fort McDowell Yavapai Indian Community.

Sec. 13-81. LICENSE SUSPENSION OR REVOCATION.

Upon receiving notice that a licensee in connection with his operations under this article has violated any of the provisions under this article or any of the laws of the Fort McDowell Yavapai Indian Community or the United States and upon a showing of such violation, after five (5) days, notice thereof to all parties concerned and a hearing before the community manager or his designee, the community manager or his designee may suspend or revoke the license previously granted under this article to such licensee.

Sec. 13-82. APPEALS; WAIVER OF REQUIREMENTS.

Appeals from the denial, revocation or suspension of a license provided for in this article may be taken to the Fort McDowell Yavapai Indian Community Council in accordance with procedures established by the council for the hearing of administrative appeals.
The president or vice-president of the Fort McDowell Yavapai Indian Community may waive application and' license fees if the applicant is a member of the Fort McDowell Yavapai Indian Community and is unable to pay such fees within the year the application is made without undue hardship.

Sec. 13-83. VIOLATIONS.

Any person to whom a license has not been issued or if earlier issued has been revoked or suspended shall cease operation upon receipt of notice from the community manager or his designed. If such person fails to cease operations, then the community court, upon application of the community manager for and on behalf of the community council and after having found a failure to secure a proper license or a suspension or a revocation of a license and failure to cease or desist operations, and upon three (3) days' notice by the United States mails addressed to the place at which the business operations are carried out, and after a hearing to be held no longer than five (5) days after application is made and three (3) days after notice is mailed, shall issue a mandatory injunction requiring such person to vacate the premises and cease the desist operations. The order of the court, as issued, shall be carried out by the chief of police of the department of public safety or police officers of the department of public safety assigned by the chief of police.