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Tribal Ordinance Structure and Categorization

1.02.002

 

The General Council of the Torres Martinez Desert Cahuilla Indian Tribe does hereby enact the Tribal Ordinance Structure and Categorization ordinance as follows:

 

Section 1

 

FINDINGS AND DECLARATION  The General Council of the Torres Martinez Desert Cahuilla Indians finds and declares that:

 

 1.  It wishes to formalize the method in which tribal ordinances are structured and categorized.

 

 2.  This ordinance is being enacted at this time as the Tribe anticipates and prepares for the greater development and structure of its tribal court, exercising its inherent sovereignty over its territory.

 

 3.  The Tribe is governed by a Constitution which outlines, in Article VII, the powers and responsibilities of General Council that are necessary to promote the interests of the Tribe, subject only to such limitations imposed by the Tribe’s Constitution and applicable federal laws, to include the exercise of civil and criminal jurisdiction over all lands, property, persons, and activities within the territory of the Tribe.

 

 4. Article VII of the Tribe’s Constitution additionally specifies the powers and responsibilities of General Council to include adoption of ordinances to maintain language, culture, customs and traditions; to protect their people, lands and resources; to administer justice; and to promote equality, freedom, self sufficiency, and quality of life; and otherwise to safeguard and promote the peace, safety, morals, and general welfare of the Tribe.

 

 5. It is wholly within the power of the General Council to develop a systematic structure for categorizing its tribal ordinances.

 

 

Section 2

 

ORDINANCE STRUCTURE AND CATEGORIZATION  The systematic structure and categorization for each ordinance will consist of the following:

 

 A.  Chapter Subsection, followed by sequential number of enactment (e.g. .001 for the first ordinance to be enacted under that subsection, .002 for the second, .003 for the third, etc.)

 

 B.  When a section is amended to include additional subsections, the numbering system will begin with the Chapter Subsection, followed by sequential number of enactment, followed by Subsections A., B., C., etc.

 

 C.  All ordinances will be categorized under one of six chapters. Each ordinance will be categorized under the most appropriate chapter and subsection. The systematic structure for this categorization will follow a logical pattern, allowing for ease in locating and referring to all tribal ordinances. The structure will be simple, yet robust enough for continued and extended development of tribal ordinances and procedures.

 

 D. The six chapters will consist of, but not limited to: Chapter #1 - Jurisdiction, Structure and Definitions; Chapter #2 - Tribal Enforcement Officers; Chapter #3 - Procedure, Chapter #4 - Prohibitory Ordinances; Chapter #5 - Regulatory Ordinances; Chapter #6 - Juveniles.

 

 E.  Existing ordinances will be categorized in the most appropriate chapter and subsection.

 

 

Section 3

 

IMPLEMENTATION  As ordinances are enacted from this time forward, the formalized structure described in this ordinance will be implemented. Existing ordinances will be categorized immediately upon the enactment of this ordinance.

 

 

Section 4

 

EFFECTIVE DATE  This ordinance shall take effect immediately upon its passage.

 

 

 

 

The foregoing ordinance was passed at a meeting of the General Council held on:

 

 

______________________________________

                                 DATE

 

 

By the following vote:

 

__________________

       Vote “FOR”

 

__________________

    Vote “OPPOSE”

 

__________________

Vote “ABSTAINING”

 

 

 

Supplemental Documents: