TITLE 1 – GENERAL PROVISIONS CHAPTER 1 – CODIFICATION ORDINANCE

TABLE OF CONTENTS

Section 10 Authority and Purpose 1

Section 20 Citation of Code 1

Section 30 Definitions 1

Section 40 Establishment of a Tribal Codification System 1

Section 50 Organization of the Pascua Yaqui Tribal Code 2

Section 60 Tribal Code Numbering 6

Section 70 Amendments to Tribal Code 6

Section 80 Recordkeeping; Code Reviser 7

Section 90 Legal Effects of Formatting 7

TITLE 1 – GENERAL PROVISIONS CHAPTER 1 – CODIFICATION ORDINANCE

Legislative History: Codification Ordinance No. 06-05 adopted June 22, 2005 by Resolution No.

C06-247-05.

Amended on May 12, 2010 by Resolution No. 05-69-10 and Ordinance No. 11-

10.

Section 10 Authority and Purpose (1 PYTC §1-10)

1. The purpose of this ordinance is to establish a system of codification for the ordinances of the Pascua Yaqui Tribe. This codification system is designed to provide a logically consistent ordering of the Tribal Code, and also contains a format and referencing system to ensure that there is one consistent, authoritative version of the Tribal Code. The authority for this ordinance is the Constitution of the Pascua Yaqui Tribe.
2. This ordinance shall be codified at Title 1, Chapter 1, Sections 10 – 90.

Section 20 Citation of Code (1 PYTC §1-20)

The ordinances embraced in this and the following Title, Chapter, and Sections shall constitute and be designated as the “Pascua Yaqui Tribal Code” or “Tribal Code.”

Section 30 Definitions (1 PYTC §1-30)

For the purposes of this ordinance, the following definitions shall apply:

1. “Code Reviser” shall mean that person designated by Tribal Council pursuant to the Code Revision Ordinance, Section 20 to maintain, update, and revise the Tribal Code.
2. “Secretary” shall mean the Secretary of the Tribal Council of the Pascua Yaqui Tribe.
3. “Tribal Code” shall mean the Pascua Yaqui Tribal Code.
4. “Tribal Council” shall mean the Tribal Council of the Pascua Yaqui Tribe.
5. “Tribal Ordinance or Ordinance” shall mean those laws passed by the Tribal Council on matters of general and permanent interest to the members of the Tribe and which are the laws, rules, or regulations of the Tribe.
6. “Tribe” shall mean the Pascua Yaqui Tribe.

Section 40 Establishment of a Tribal Codification System (1 PYTC §1-40)

There is hereby established a codification system for the organization of and reference to all tribal ordinances. This codification system and the persons responsible for its maintenance are set out in the sections below. The Office of the Attorney General shall, within a reasonable time from the adoption of this ordinance, reformat and renumber the current Tribal Code and any ordinances passed but not yet codified to be consistent with the codification system set out herein.

Section 50 Organization of the Pascua Yaqui Tribal Code (1 PYTC §1-50)

1. The codification of ordinances pursuant to this ordinance shall be referred to as the “Pascua Yaqui Tribal Code” or “Tribal Code.”
2. The Tribal Code shall be organized in groups of ordinances with similar subject matter. Each major subject matter grouping shall be designated as a title of the Tribal Code, and shall be identified by a whole number. For example, the second title of the Tribal Code, covering Government Administration, shall be designated as Title 2. Each title shall be divided into chapters, subchapters, and sections. A title may be divided in parts if necessary.
3. To reference or cite a provision of the Tribal Code, the provision shall be referenced or cited as follows: The title number, followed by the letters “PYTC,” followed by the appropriate chapter and section number, and where applicable, the letters and numbers of the relevant subsection in parentheses. For example, when citing to this section of the Codification Ordinance, the citation will read “1 PYTC §1-1-50(C).” Whenever a reference is made to the Tribal Code, any portion of the Tribal Code, or any ordinance of the Tribe codified therein, the reference shall include all amendments, corrections and revisions made at the time this ordinance is originally adopted or any time thereafter.
4. This ordinance hereby establishes the following subject matter titles, parts, and chapters, and the numbering system following this section. Not all of the ordinances listed below have been adopted or codified by the Tribal Council. Those not yet adopted or codified are listed as “reserved,” meaning that the part or chapter so designated shall be reserved for the ordinance named, if such ordinance is thereafter adopted or codified by the Tribal Council.TITLE 1: GENERAL PROVISIONS

   Chapter 1: Codification Ordinance

   Chapter 2: Definitions and Rules of Construction

   Chapter 3: Enactment of Ordinances; Effects of Repeals (reserved) Chapter 4: Code Revisions

   TITLE 2: GOVERNMENT ADMINISTRATION

   Part I – Tribal Council

   Chapter 1-1 Tribal Council Code of Ethics & Standards of Conduct Chapter 1-4 Tribal Council Oversight Committee

   Chapter 1-5 Budget Preparation Guideline Ordinance Part II – Departments; Divisions

   Chapter 2-1: Office of Attorney General Chapter 2-2: Development Services

   Chapter 2-3: Education

   Chapter 2-4: Finance and Operations (reserved) Chapter 2-5: Health Services (reserved) Chapter 2-6: Housing Division

   Chapter 2-7: Human Resources Chapter 2-8: Police Department

   Chapter 2-9: Enrollment; Administration Office Chapter 2-10: Tribal Gaming Office

   Chapter 2-11: Surveillance (reserved) Chapter 2-12: Division of Internal Audit Chapter 2-13: Legal Services

   Chapter 2-14 Land Department

   Chapter 2-15 Public Defenders (reserved) Chapter 2-16 Fire Department

   Part III – Enterprises; Foundations

   Chapter 3-1: Gaming Enterprise Division Part IV – Commissions; Boards

   Chapter 4-1: Employee Relations Review Board Chapter 4-2: Athletic Commission

   Chapter 4-3: Board of Elections Supervisors Chapter 4-4 Language & Culture Commission

   Part V – Government Accountability Chapter 5-1 Fiscal Management

   Chapter 5-2 Personnel (reserved) Chapter 5-3 Code of Ethics (reserved)

   Chapter 5-4 Public Records (reserved)

   Chapter 5-5 Administrative Procedures (reserved) Part VI – Miscellaneous

   Chapter 6-1: Membership

   Chapter 6-2: Elections

   Chapter 6-3: Personnel (reserved) Chapter 6-4 Code of Ethics (reserved)

   TITLE 3: COURTS AND RULES OF COURT

   Part I – Courts

   Chapter 1-1: Jurisdiction

   Chapter 1-2: Organization

   Chapter 1-3: Judges Chapter 1-4: Court Staff Chapter 1-5 Court Records

   Part II – Rules of Court

   Chapter 2-1: Rules of Civil Procedure Chapter 2-2: Rules of Criminal Procedure Chapter 2-3: Rules of Appellate Procedure Chapter 2-4: Rules of Evidence

   Chapter 2-5 Notice to Tribe Chapter 2-6 Rules of Juvenile Court

   Part III – Judgments

   Chapter 3-1: Declaratory Judgments; Equitable and Injunctive Relief Chapter 3-2: Foreign Judgments (reserved)

   Chapter 3-3: Enforcement

   TITLE 4: CRIMINAL CODE

   Chapter 1: Offenses

   Chapter 2: Sex Crimes

   Chapter 3: Domestic Violence

   Chapter 4: Sentences

   Chapter 5: Victims Rights TITLE 5: CIVIL CODE

   Chapter 1: Civil Actions

   Chapter 2: Domestic Relations Chapter 3: Landlord and Tenant Chapter 4: Probate

   Chapter 5: Elderly & Adult Protection Chapter 6: Guardianship

   Chapter 7: Juveniles

   TITLE 6: TRIBAL ASSISTANCE PROGRAMS

   Part I – General Provisions

   Chapter 1-1: General Welfare Policy Part II – General Welfare Assistance

   Chapter 2-1: TANF Part III – Housing Assistance

   Chapter 3-1: Housing Assistance Program Part IV – Education Assistance

   Chapter 4-1 Language & Culture

   Chapter 4-2 Higher Education Assistance Program Part V – (RESERVED)

   TITLE 7: BUSINESS AND COMMERCIAL CODE

   Chapter 1: General Provisions; Administration; Appeals (reserved) Chapter 2: Corporations Code

   Chapter 3: Licensing (reserved) Chapter 4-1: Transaction Privilege Tax Chapter 4-2 Tobacco Tax

   TITLE 8: REGULATORY CODE

   Part I – General Provisions; Administration (reserved) Chapter 1-1: Definitions

   Chapter 1-2: Administration

   Chapter 1-3: Appeals Part II – Gaming

   Chapter 2-1: Gaming Ordinance Part III – Labor

   Chapter 3-1: Employment Chapter 3-2: Wages (reserved)

   Chapter 3-3: Workers Compensation (reserved) Chapter 3-4 Pascua Yaqui Preference Act

   Part IV – Property

   Chapter 4-1: Land

   Chapter 4-2: Building and Construction (reserved) Chapter 4-3: Zoning (reserved)

   Part V – Public Health

   Chapter 5-1: Environment (reserved) Chapter 5-2: Health and Sanitation

   Part VI – Public Safety

   Chapter 6-1: Animal Control Chapter 6-2: Dances

   Chapter 6-3: Fire Protection (reserved) Chapter 6-4: Motor Vehicles; Traffic Chapter 6-5 Liquor Control Act Chapter 6-6 Boxing

5. Ordinances should be inserted into existing subject matter titles and chapters, as deemed appropriate by the Code Reviser; provided that Tribal Council may establish additional subject matter titles and chapters as required to maintain the logical and orderly organization of the Tribal Code. This ordinance shall not be construed as requiring the Tribe to enact any specific ordinance.

Section 60 Tribal Code Numbering (1 PYTC §1-60)

1. Major sections in each chapter shall be designated sequentially by section numbers. Subsections to these major sections shall be designated sequentially in alphabetical order by uppercase letters. Subparts of these subsections shall be designated sequentially by Arabic numerals in sequential order. Subparts of these subparts shall be designated sequentially by lowercase letters. Sub- subparts shall be designated sequentially by small Roman numerals. Each chapter shall be formatted by indenting each successive sublevel further to the right than the previous level. An example follows:Sec. 10 Section
   1. Subsection
      1. Subpart
         1. Subpart
         2. Subpart
            1. Sub-subpart
   2. Every section of the Tribal Code shall be annotated with a history of the original enacting ordinance and subsequent amendments or repeals. The enactment history shall be included at the end of the section and italicized. Enactment history shall contain the resolution and ordinance numbers and date for the original adoption of the section and subsequent amendments or repeals.
   3. If there are two or more inconsistent ordinances or, if existing provisions in the current Tribal Code are in conflict, the ordinance or provision with the more recent date of amendment shall be presumed to be controlling. The Tribal Code shall contain only the most recently amended version of the ordinances that comprise the Tribal Code.

Section 70 Amendments to Tribal Code (1 PYTC §1-70)

1. Amendments to any of the provisions of the Tribal Code adopted by Tribal ordinance must be specifically referenced in such ordinance in substantially the following language: “That Title , Chapter , Section of the Pascua Yaqui Tribal Code is hereby amended to read as follows: . . . .” The amended section(s) should then be set out in full as desired. Each ordinance section shall specify the corresponding Title, Chapter, and Section in the Tribal Code to be amended, and such indication may be by citation as defined in Section 50(C).
2. In the event a new title, chapter, or section(s) are added by Tribal ordinance, the ordinance should incorporate the following language: “The Pascua Yaqui Tribal Code is hereby amended by adding the following (Title) (Chapter) (Section) . . .” Alternatively, the ordinance may state: “This Ordinance shall be codified at Title , Chapter , Section(s) .” The new section(s) should then be set out in full as desired. Each ordinance section shall specify the corresponding Title, Chapter, and Section in the Tribal Code, and such indication may be by citation.
3. Any Tribal ordinance that repeals a title, chapter, section, or subsection shall state in substantially the following language: “That Title , Chapter , Section of the Pascua Yaqui Tribal Code is hereby repealed.”
4. Failure to include the language required in this section shall not affect the validity of any ordinance.

Section 80 Recordkeeping; Code Reviser (1 PYTC §1-80)

1. The Code Reviser is hereby designated the primary responsibility for the recordkeeping of and updating the Tribal Code, pursuant to the Code Revision Ordinance. The Code Reviser shall be responsible for obtaining an accurate and complete copy of any ordinance adopted, for formatting that document in accordance with the requirements of this ordinance, and for updating and distributing the Tribal Code in accordance with the Code Revision Ordinance, Section 70.
2. Copies of the Tribal Code shall be kept in volumes that organize the Tribal Code in numerical order as set out above. The Code Reviser may create as many copies of the Tribal Code Books, in paper copy or electronic form, as he deems necessary. An adequate supply of Code Books shall always be available for distribution to any tribal member or other person who requests one. The Tribe may charge a nominal fee to cover reproduction and binding costs to persons who request a paper copy of the Tribal Code. A copy of the Tribal Code shall also be available for inspection free of charge at the depositories designated in the Code Revision Ordinance, Section 30(B).

Section 90 Legal Effects of Formatting (1 PYTC §1-70)

The use of the format and organization required by this ordinance shall, in and of itself, have no legal effect, and shall not be construed to influence in any way the force and effect of Pascua Yaqui Tribal ordinances and governing documents.