Red Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”


[Editor's Note: this copy of the Red Lake Band of Chippewa Indians "tribal code" was received from what journalists call a "reliable source" in the tribal administration, apparently July 25, 2001 revisions of the Red Lake Court of Indian Offenses' Law and Order provisions that was adopted by the tribal council on September 11, 1990.  As a Court of Indian Offenses, the Red Lake Court is also subject to the federal regulations, including the law and order provisions in Title 25 of the Code of Federal Regulations.  Maquah.net makes no representation as to the accuracy or current status of this revised code.]


TITLE XIV HEALTH AND SANITATION CODE

CHAPTER 1400 GENERAL REQUIREMENTS - HEALTH CODE

1400.01       Diagnosis of Communicable Disease

1400.02       Indian Exposed to Communicable Disease

1400.03       Blood Tests

1400.04       Autopsies; Authority to Conduct

1400.05       Medical; Wastes - Disposal

1400.063.        Refusal to Comply; Contempt of Court

CHAPTER 1401 CONTROL OF RABIES

1401.01       Licensing Requirement

1401.02       Certificate of Vaccination

1401.03       Offense; Punishment

1401.04       Suspicion of Rabies

1401.05       Civil Liability

1401.06       Dogs at Large

1401.07       Dangerous Pet Animal

CHAPTER 1402 PRIVATE SANITATION

1402.01       Unlawful Disposal of Waste

1402.02       Waste Disposal in Lieu of Refuse Collection Systems

1402.03       Waste Disposal in Lieu of Municipal Sewage System

1402.04       Animal Wastes; Disposals

1402.05       Fine; Punishment

1402.07       Applicability to Non-Indians

1402.08       Regulating Authority

 

 

 

 

TITLE XIV
HEALTH AND SANITATION CODE

 

CHAPTER 1400
GENERAL REQUIREMENTS - HEALTH CODE

 

1400.01           Diagnosis of Communicable Disease

 

Any Indian who has been diagnosed by the Red Lake Indian Health Service as having been inflicted with a communicable disease and who shall refuse or neglect to follow the medication, therapy or plan of treatment prescribed by said Indian Health Service and who thereby endangers the health and well being of his family or other persons may, upon application being made to the Red Lake Court of Indian Offenses and after a hearing, be ordered by said Court to comply with the required medication, therapy or plan of treatment at the Red Lake Indian Health Service.  The said Court may make any additional order which it deems necessary to carry out the purpose of this law.

 

1400.02           Indian Exposed to Communicable Disease

 

Any Indian who has been exposed to a communicable disease and refuses to comply with preventative medical treatment prescribed by the Red Lake Indian Health Service may, upon application being made to the Red Lake Court of Indian Offenses and after a hearing, be ordered by the said Court to comply with such preventative medical treatment prescribed by said Indian Health Service.

 

1400.03           Blood Tests

 

The Indian Health Service shall maintain a written report on the death of any resident members of the Red Lake Band of Chippewa Indians within the Red Lake Indian Reservation as the result of an accident involving a motor vehicle.  The report shall contain the circumstances of the death and in connection therewith the Indian Health Services shall examine the body and shall make all tests, including blood tests, as are necessary to determine the cause of death and the presence and percentage concentration of alcohol, and drugs if feasible, in the blood of the victim.  The information contained in the report may be used for statistical purposes as long as the same does not reveal the identity of the deceased.  In any trial of a criminal offense or civil lawsuit arising out of the circumstances contained in any report, the report shall be made available to the parties involved in the criminal or civil lawsuit and shall be admissible in evidence in said criminal or civil lawsuit.

 

1400.04           Autopsies; Authority to Conduct

 

Upon recommendation by the Red Lake Police Department to the Indian Health Service, autopsies shall be performed in all human deaths of resident members of the Red Lake Band of Chippewa Indians in the following types of circumstances:

 

1.         Violent deaths, whether apparently homicidal, suicidal or accidental.

 

2.         Deaths under unusual or mysterious circumstances; and

 

3.         Deaths of inmates of public institutions who are not hospitalized for organic disease and whose deaths are not of any type referred to in clause (1) or (2).

 

The Indian Health Service shall maintain a record of all autopsies it performs.  The record may be used by the Red Lake Police Department in its investigative capacity and shall be available for use as evidence in criminal and civil proceedings arising out of the circumstances of the death for which the autopsy was performed.

 

1400.05           Medical; Wastes - Disposal

 

Any and all solid wastes resulting from the operations of the Red Lake Hospital, which are managed as a separate waste system, shall not be disposed, discharged, dumped or placed into or on any land or water so that the waste may enter the environment or be emitted into the air or discharged into any waters, including ground waters.  All such waste shall be thoroughly and completely burned in an incinerator.  The wastes remaining after burning shall be disposed of at a designated refuse disposal site on the Red Lake Reservation.

 

1400.063.        Refusal to Comply; Contempt of Court

 

Any refusal or neglect to comply with the terms of a court order entered pursuant to Sections 1400.01 and 1400.02 may be treated as a contempt of court.

 

 

 

CHAPTER 1401
CONTROL OF RABIES

 

1401.01           Licensing Requirement

 

All domesticated animals which are capable of transmitting rabies shall be required to be licensed immediately by the Red Lake Licensing Department.  The license fee shall be $5 for each animal licensed.  Such fees shall be payable to the Tribal Council - General Fund account for purposes of control of animal for public health and safety.  The license fee shall be waived upon proof of animal being spayed or neutered.

 

1401.02           Certificate of Vaccination

 

Before any animal can be licensed, the owner shall be required to submit to the Red Lake Licensing Department a certificate of vaccination for rabies issued within two (2) years prior to the date of issuance of the license.  Live rabies vaccine or other accepted inoculation preventative shall be required.

 

1401.03           Offense; Punishment

 

Any Indian owner of an unlicensed animal who shall refuse or neglect to have the animal license shall be guilty of a misdemeanor. The animal shall be destroyed pursuant to Court order if not licensed within five (5) days following the court hearing.

 

1401.04           Suspicion of Rabies

 

Any animal that bites any person or other animal in which there is reasonable cause to believe that the biting animal may be inflicted with rabies shall be confined by the owner for a period of ten (10) days and if the owner refuses or neglects to confine the animal then the Red Lake Police Department, Game Warden or Animal Control Officer shall confine the animal and the costs shall be charged against and paid by the owner.  The animal cannot be removed from the Red Lake Reservation until the matter is resolved.  If the owner is in violation of removal, the owner shall be brought before the Court for a Show Cause hearing and the owner will be fully liable for damages sustained.

 

1401.05           Civil Liability

 

Subdivision 1.  If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person lawfully be, the owner of the dog is liable in damages to the person attacked or injured to the full amount of the injury sustained.

 

Subdivision 2.  The owner of any animal shall be liable for all damages that the animal causes to the land or property of others.  The aggrieved person may commence a civil lawsuit against the owner of the animal to recover such damages.

 

1401.06           Dogs at Large

 

Subdivision 1.   It is a petty misdemeanor to allow a dog to run at large on the Red Lake Reservation.  If a dog is found to be at large on the Reservation, the owner is presumed to have violated this section unless excepted below.  An individual dog found to be at large which poses an immediate threat may be destroyed at the discretion of the Animal Control Officer, Game Warden and/or Law Enforcement.

 

Subdivision 2.    “At large” means not physically controlled by a human being by means of a leash or lead held by a human being, or not at all times accompanied by a person and does not at all times immediately respond to the command of its accompanying person.

 

Subdivision 3.  Exceptions are: A dog while actually working livestock, locating or retrieving wild game in season, assisting law enforcement officers, or while actually being trained for such pursuits.  It shall also be an exception when the animal is within the confines of the yard of its owner or keeper or, is within a motor vehicle.

 

1401.07           Dangerous Pet Animal

 

Subdivision 1.  It shall be a misdemeanor to own or keep any dangerous pet animal.  Such an animal is one that bites, or attempts to bite, any person; bites another animal; or in a vicious or terrorizing manner approaches any person in an apparent attitude of attack, whether or not the attach is consummated.

 

Subdivision 2.  It is a defense to the charge of owning or keeping a dangerous pet animal if the person or animal victimized was:

 

501                                    provoking the pet animal through attack or some other manner.

 

502                                    unlawfully engaging in entry into or upon a fenced or enclosed portion of the yard upon which the pet animal was lawfully kept, or upon a portion of the yard where the pet animal was lawfully restrained by leash or lead.

 

503                                    unlawfully engaging in entry into, or upon a vehicle in which the pet animal was confined.

 

504                                    attempting to assault another person.

 

505                                    attempting to stop a fight between the pet animal and any other animal.

 

506                                    attempting to aid the pet animal when it was injured.

507                                    attempting to capture the pet animal in the absence of its owner or keeper.

 

Subdivision 3.  For the purposes of this section, a person is lawfully upon the yard of an owner or keeper when such person is physically present on said yard in the performance of any duty imposed by law, or by express or implied invitation of the owner of such yard or the owner’s agent.

 

Subdivision 4.  A dangerous pet animal which causes injury to a human being shall be held at a minimum for a period long enough to ascertain if the animal bore any disease.  The animal shall then be destroyed by the animal control officer or conservation officer.  Any other dangerous pet animal must be turned over at the request of an animal control officer or conservation officer.

 

(Sections 1401.06, 1401.07 added to Tribal Code by Resolution No. 71-97, dated April 8, 1997)

 

(Chapter 1401 amended to Tribal Code by Resolution No. 135-97, dated June 24, 1997)

 

 

 

CHAPTER 1402
PRIVATE SANITATION

 

1402.01           Unlawful Disposal of Waste

 

Subdivision 1.  It shall be unlawful for any person to place or deposit or cause to be placed or deposited refuse, including garbage, ashes, rubbish, dead animals, fish or fish cleanings, street cleanings, industrial waste, and similar refuse or any slop of liquid kitchen waste, including dishwater, wash water, scrub water, laundry water and similar liquid wastes; or any human body wastes, or any manure onto the ground surface of said persons or parties premises or the premises of others, or public streets, roads, or highways, except as designated by terms of this section and except further that refuse may be deposited at disposal areas as designated by the Red Lake Tribal Council.  The aforementioned materials and wastes are to be handled, and disposal made in accordance with provisions as herein set forth or in accordance with provisions or other applicable laws of the Red Lake Reservation.  The owner or his/her agent, or the occupant, or assignee, of any premises within the Reservation of Red Lake, shall be responsible for the sanitary condition of the premises occupied by him or her.

 

Subdivision 2.  It shall be unlawful for any person to place or deposit or cause to be placed or deposited any refuse, including but not limited to garbage, ashes, rubbish, dead animals, fish or fish cleanings, street cleanings, industrial waste and similar refuse or any slop of liquid kitchen waste, including dishwater wash water, scrub water, laundry water and similar liquid wastes; or any human body wastes, or any manure on the Red Lake Indian Reservation which refuse did not come from or originate on the Red Lake Indian Reservation.

 

(Section 1402.01 amended to Tribal Code by Resolution No. 315-91, dated October 29, 1991.)

 

1402.02           Waste Disposal in Lieu of Refuse Collection Systems

 

In lieu of a refuse collection system, refuse including garbage, fish or fish cleaning, and other putrescible or organic material shall be placed in a garbage or slop pit; or stored in durable, rust-resisting non-absorbent, watertight and easily washable containers, which shall have close-fitting covers and adequate handles or bails and removed from the premises at least once weekly for disposal at designated refuse disposal sites.  Other refuse including ashes and rubbish may be permitted to accumulate during the period from September 15th to May 15th, in confined piles with removal to designated disposal areas by May 15th.  Subsequent accumulations must be removed at monthly intervals during the period from May 15th to September 15th, inclusive.

 

1402.03           Waste Disposal in Lieu of Municipal Sewage System

 

Subdivision 1.  All slop or other liquid kitchen waste in lieu of a municipal sewerage system shall be placed in or discharged to fly-tight garbage or slop pits or to individual water carried sewerage disposal system constructed, operated, and maintained in accordance with Indian Health Service recommendations.  The referenced recommendations may be used as a guide in enforcement and interpretation of this section.

 

Subdivision 2.  All human body wastes in lieu of a municipal sewerage system shall be deposited in an acceptable and approved sanitary pit, privy or discharged to an individual sewage disposal system construction, operation and maintenance of sanitary pit privies and industrial sewage disposal systems may also be used as a guide in the enforcement and interpretation of this section.

 

1402.04           Animal Wastes; Disposals

 

All manure accumulated from domestic farm animals or poultry, during the period of September 15th to May 15th shall be removed from the premises prior to May 15th and spread on cultivated fields or deposited at disposal sites designated by the Red Lake Tribal Council.  Accumulations between May 15th and September 15th shall be stored so as to prevent fly breeding and the accumulations shall be removed at least once per week and disposal made in the manner described herein.

 

1402.05           Fine; Punishment

 

Any Indian who violates the provisions of Chapter 1402 shall be guilty of a misdemeanor, or except that violations of 1402.01 subdivision 2 shall be a gross misdemeanor.  Each and every violation of this chapter shall constitute a separate offense. 

 

(1402.05 amended to Tribal Code by Resolution No. 315-91, dated October 29, 1991.)

 

Subdivision 1.  Places of trade or business shall keep their premises in a clean, sanitary and presentable condition at all times and shall avoid exposure of foodstuffs to infection from the air, dust, insects or handling.  Food shall be wholesome in character.

 

Subdivision 2.  Any establishment handling, storing, preparing or serving food shall comply with the provisions of all applicable Tribal ordinances, rules and regulations.

 

Subdivision 3.  Food Preparers.  Any person, organization, partnership or corporation which offers for sale to the public any prepared food shall first procure a food preparers license from the Red Lake Tribal Council.  The Red Lake Tribal Council shall issue a food preparers license upon satisfaction to an applicant only after it shall be satisfied that the applicant will adhere to the rules and regulations of the Indian Health Service governing safe and sanitary food preparations, handling and storage.  Any applicant procuring a license hereunder agrees, as a condition of the license, to be subject to periodic inspections by employees of the Indian Health Service and the Red Lake Tribal Council for the purpose of determining compliance with the Indian Health Service rules and regulations applicable to food preparation, handling, and storage.  Upon hearing with notice, a food preparers license may be terminated by the Red Lake Tribal Council upon a showing that a licensee has failed to adhere to the rules and regulations of the Indian Health Service relating to food preparation, handling and storage.

 

1402.07           Applicability to Non-Indians

 

Subdivision 1.  Any Non-Indian not subject to the jurisdiction of the Red Lake Band who violates any of the provisions of Chapter 1402 shall be subject to a removal order from the Reservation pursuant to law.

 

Subdivision 2.  Any Federal, State or School District employee residing on the Reservation who violates any of the provisions of Chapter 1402 shall constitute grounds for administrative action against the employee by his employer and shall further be subject to a removal order from the Reservation pursuant to law.

 

1402.08           Regulating Authority

 

The Red Lake Tribal Council shall have authority to issue rules, regulations and ordinances to implement and carry out the purpose, terms and provisions of Chapter 1402.



< Home >
< Next >
< Next >